This op-ed by Donna Foxley appeared appeared in The Oregonian on August 9, 2004.

Dean Livelybrooks' commentary ("Time to push back on federal education mandate," July 26 online) is chock full of misinformation and shows a remarkable lack of understanding about the No Child Left Behind Act.

First let's agree on one issue raised by Livelybrooks, that while the Individuals with Disabilities Education Act has faced challenges—often driven from judicial decisions, expanding medical knowledge, treatment and diagnosis—it has opened the door to public education for all children regardless of the challenges they might face.

As someone who has worked with physically and mentally challenged adults whom the public education system ignored prior to the disabilities act, I can tell you that we must never forget why we as a nation have embraced the need to educate all children. The days of locking away into institutions those children who are different from the so-called "normal" children are gone. We have grown as a nation and recognize the value of all of our citizens. We must continue to work together to provide a quality education for all.

As Congress wrestles with the reauthorization of disabilities act, we must be careful to make sure we move forward, not justifying reasons to step back from those with unique challenges, but rather coming together to find solutions that make our educational system more inclusive and fair.

As for the landmark, bipartisan No Child Left Behind law, I find it ironic that Livelybrooks would suggest that Oregon push back from the goals Oregon has set for itself when it entered a partnership it chose with the federal government to improve education.

Under No Child Left Behind, Oregon, like every other state in the nation, is assessing students using its own state academic standards. The new law and the federal role in education in general is to support what the states are doing, not supplant it. States set the standards that they believe are the most appropriate and test annually to see if those standards have been met.

Let's also look at the money issue Livelybrook raises. As a nation we now invest more that $500 billion on K-12 education at the local, state and federal level. Only one other country, Switzerland, spends more on education per K-12 pupil. The American people have been generous. Yet when compared to European and Asian students, our students' test scores are average. In other words, we do not get the "bang for the buck" that we should, given the level invested.

And let's remember that No Child Left Behind is neither unfunded nor a mandate. Under President Bush's 2005 budget, Oregon will receive continued record increases that include: $235.8 million to implement No Child Left Behind, an increase of $99.9 million (73 percent) since 2001. $135.4 million for special education—above and beyond No Child Left Behind funding—an increase of $54.2 million (67 percent) since 2001.

A recent Government Accountability Office report confirmed that the "unfunded mandate" mantra is a red herring. If Oregon does not want federal education funds, it can walk away from No Child Left Behind. But if Oregon chooses to take federal tax dollars, the law demands accountability in return—assurances that children are actually learning.

In the past, even though education has been a national priority, the federal government merely handed out dollars with little tracking of results. For example, when Congress passed No Child Left Behind in 2001, only 11 states were in full compliance with the 1994 version of the law. But the Bush administration takes its stewardship of taxpayer dollars seriously: If you take federal dollars to support education, you should be accountable for student improvement.

That push for accountability is having strong results. The law is a bold and historic education reform effort, and it's working. A recent report by the Education Commission of the States confirmed that the law is making significant progress in encouraging states and local districts to improve schools across America. Test scores are going up across the nation, and the achievement gap is narrowing.

No Child Left Behind is a law whose time has come. As a nation we have a compelling interest in education. The federal government has stepped up to help correct civil rights issues and to address the achievement gap that has plagued disadvantaged students for years. Accountability for results, flexibility and local control, options for parents, and educational programs based on proven best practices are the pillars on which No Child Left Behind stands.

As Oregon's own hard work at education reform has shown, change isn't easy, but it's the right thing to do for our children. That passion for student achievement is why No Child Left Behind is so important for our country.

Donna Foxley is regional representative for the U.S. Department of Education, Region X, including Alaska, Idaho, Oregon and Washington.