Two Senators Propose Commission on Education Regulation

Local school and district leaders have long complained about the competing and duplicative regulations from the federal, state, and local level. In many cases, these regulations – from financial reporting to resource accounting – create additional burdens for districts and schools. While many leaders have chalked up the redundant nature of these regulations as a necessary evil of the way public education in America is currently funded, two U.S. Senators put forth legislation to form a commission that would help identify and eliminate ineffective and redundant regulations.

Senate bill 622, as proposed by Senators Bennet (D-CO) and Alexander (R-TN), would create the Commission on Effective Regulation and Assessment Systems for Public Schools. Though the bi-partisan sponsorship of the bill suggests that it may be politically viable, it seems unlikely that it would find much traction in the House of Representatives because the bill represents additional federal involvement in state and local affairs.

According to the bill language, the Commission would be made up of Governors, legislators, state school officers, teachers, experts, and other education stakeholders. Notably missing from the list are teachers union representatives or parents. The Commission would meet every six months and publish an annual report of its findings. The bill authorizes no funds for the program because Commission participants would not be compensated.

The duties of the Commission would include examining and reviewing federal, state, and local regulations, identifying areas of redundancy, assessing the cost of implementing these various regulations, and investigating the degree to which local interpretations of these regulations create additional burdens for schools and districts.

This certainly seems like a worthy effort for a national commission, particularly given the increasing burden on schools and districts as a result of extensive reporting and data requirements. Perhaps of most value would be the work the Commission would do on local interpretations of regulations. As we have mentioned during previous discussions of Title I provisions like supplement not supplant, local interpretations of federal laws can cause unnecessary stress for local officials and prevent innovation in schools.

The Commission would also examine current testing and assessment structures to make sure that these processes are efficient, effective, and meaningful. This would include reviewing federal, state, and local testing requirements, identifying the purpose or goal of each test, determining the quality of these assessments, and reporting on the frequency and efficiency with which results are made available to the public. Many school officials believe that, like regulations, education tests and assessments are becoming burdensome and redundant. Some states have separate tests for No Child Left Behind accountability, high school graduation, and end of course exams. This has resulted in a loss of instruction time and frustration among teachers, parents and students.

The Commission established by the Bennet/Alexander bill would examine regulatory and testing burdens for schools and districts with the hope of bringing some relief. Eliminating these burdens will be particularly important as districts try to cut costs and increase efficiency during difficult economic times. Political realities, however, may make the Commission impossible. It might make it into a Senate version of an Elementary and Secondary Education Act reauthorization bill, especially given the bi-partisan support it currently enjoys. The House, though, is unlikely to run with the idea because it involves increased federal oversight in state and local decisions.

Regardless of the political viability of the bill, it is refreshing to see collaboration across the aisle on education issues. Hopefully this collaboration will spill over into the greater Elementary and Secondary Education Act reauthorization process.