FOR IMMEDIATE RELEASE - March 31, 2006

Contact: (310) 392-8715

March 31 - Kelly Hayes-Raitt, community and education activist, filed a "friend of the court" amicus brief today challenging President Bush's "No Child Left Behind" Act. Hayes-Raitt joins 13 other California Assemblymembers, city councilmembers and parents in supporting the National Education Association in its legal challenge to the U.S. Department of Education.

"'No Child Left Behind' is leaving thousands of California children behind - far behind," said Hayes-Raitt, a candidate for State Assembly in the 41st Assembly District. "I decided to run for the Assembly to fight President Bush's efforts to eviscerate our public school system.

"With its restrictive standardized testing, 'No Child Left Behind' has undermined teachers' ability to teach to students' needs," Hayes-Raitt continued. "Teachers need to be treated like the professionals they are, not test administrators.

"Our lawsuit challenges the Bush Administration's onerous requirements which forces states to take over 'struggling' schools without providing the necessary funds to support those schools in succeeding," Hayes-Raitt explained.

"The Los Angeles Unified School District was supposed to receive $878 million in federal funds last year, as authorized by the 'No Child Left Behind' Act. In fact, LAUSD received less than half that amount," Hayes-Raitt continued, explaining the basis for the lawsuit. "There are eight other school districts in my Assembly District, and all are being short-changed by President Bush:

• "The Santa Monica-Malibu School District, which has seen a shameful rise in the number of African-American and Latino students who fail to achieve at least a 2.0 grade point average, was authorized to receive over $1 million this year, but has received less than $450,000, according to the California Department of Education.

• "Las Virgenes School District, which has a higher proportion of special needs students, was authorized to receive $7.4 million last year, but received only $1.8 million, according to the district.

• "Oxnard Elementary School District, which has a disproportionate number of non-native English speakers and migrant students - two categories cited by the Bush Administration as worthy of additional funding, since these students must also pass the standardized tests - received only $1.8 million of the authorized $4.5 million this school year, according to the state DOE.

• "Ocean View Elementary School District received only $330,000 of its authorized $826,000, according to the state DOE.

• "Rio Elementary School District, which also has a high proportion of migrant and non-native English speaking students received only $308,000 of $770,000 authorized, according to the state DOE.

• "Oxnard Union High School District also has a higher percentage of non-native English speakers and migrant students. Of the $2.1 million authorized for this school year, the district received only $830,000, according to the state DOE.

• "Hueneme Elementary School District, also with a large proportion of migrant and non-native English speaking students, received only $980,000 of its authorized $2.4 million this school year, according to the state DOE.

• "Oak Park School District has a high proportion of special needs students. Of the nearly $200,000 the district was authorized to receive this school year, only $78,000 materialized, according to the state DOE. Voters just voted to increase their parcel tax to compensate for federal and state funding shortfalls and will face two more education bonds this June. I think it's time we make President Bush pay his fair share!" said Hayes-Raitt.

The 41st Assembly District, which is currently represented by Fran Pavley, who is unable to run again due to term limits, includes Santa Monica, Malibu, Pacific Palisades, Topanga, Tarzana, Encino, Woodland Hills, Calabasas, Agoura Hills, Westlake Village, Oak Park, Pt. Hueneme and the southern half of Oxnard. Hayes-Raitt is running in the Democratic primary on June 6.

Hayes-Raitt's brief supports an appeal filed by the National Education Association and several school districts in Michigan, Texas and Vermont claiming the "No Child Left Behind" Act is an unfunded mandate. They are seeking an order declaring that states and school districts should not be required to spend their own money to comply with the underfunded federal requirements, and they are seeking an injunction against the Secretary of the U.S. Department of Education from withholding federal funds from states and school districts who refuse to spend state and local money to comply with "No Child Left Behind." Her brief was filed March 31 in Michigan federal district court of appeals after a lower court sided with the Secretary of Education to dismiss the case (School District of the City of Pontiac v. Secretary of U.S. Dept. of Education). The appeal is expected to be heard this fall. A similar case filed by the State of Connecticut is pending in Connecticut federal district court.

"President Bush put our children's futures in jeopardy with 'No Child Left Behind.' This isn't the first time I've challenged the Bush Administration - and it probably won't be the last," Hayes-Raitt said.

Click for a PDF file of this Press Release

Click here to endorse Kelly