Whereas, now that the federal No Child Left Behind Act of 2001 is in effect, 143 school classes in the State are now listed as "failing;" and

Whereas, implementing the policies of the federal No Child Left Behind Act of 2001 will divert resources toward administration and testing and away from teaching; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it

Sec. 1. Prohibit use of funds. Resolved: That the Department of Education may not use any state funds to implement the policies of the federal No Child Left Behind Act of 2001; and be it further

Sec. 2. Investigate. Resolved: That the Department of Education shall investigate the costs and benefits of not participating in the federal No Child Left Behind Act of 2001; and be it further

Sec. 3. Report. Resolved: That, no later than March 15, 2004, the Department of Education shall submit its findings to the Joint Standing Committee on Education and Cultural Affairs.

Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.

SUMMARY

This resolve prohibits the Department of Education from using state funds to implement the policies of the federal No Child Left Behind Act of 2001.

The resolve also requires the Department of Education to investigate the costs and benefits of not participating in the federal No Child Left Behind Act of 2001. The resolve also requires the department to submit its findings to the Joint Standing Committee on Education and Cultural Affairs by March 15, 2004.