Just about every week we read a few stories about state policymakers and educators who have decided to stand up to the feds and their nasty law, even if it's at the expense of sounding foolish. In New Hampshire this month, legislators, union leaders, and even a school superintendent have risen angrily to defend veteran teachers who aren't highly qualified and who are objecting to having to take a Praxis subject matter test to prove that they are.

Stephen L'Heureux, Chair of the Granite State's House Education Committee, has introduced legislation that would prevent New Hampshire teachers from being fired simply for failing to be deemed "highly qualified." Said L'Heureux, preferring happy talk to dealing with standards, "We're in a situation where we need teachers and we shouldn't be kicking them out." An local NEA official helpfully testified about why asking teachers to take the Praxis is so unfair. Says Rick Trombly, "The Praxis tests are dreaded...the test covers areas that are not in their field,"--a patently false assertion, but one that plays well to the press.

Even a school superintendent joined in. "That test is very comprehensive. Let's say you taught first grade for 35 years. What's the likelihood [that you've] been using calculus and advanced level math?" None, but the Praxis test doesn't ask even teachers who want to be certified in math, let alone elementary teachers, to know that level of math. An elementary teacher might encounter a couple of algebra problems on the test, but the scores states set for passing are so low that it's possible to pass just by answering questions involving basic arithmetic.

A much more interesting issue has yet to make its way into most education reporting, (with one recent exception). That issue is a thorny one: the conflicts that districts face between meeting NCLB provisions and living up to the terms of their collective bargaining agreements. On a number of fronts, districts and states may face big problems meeting NCLB requirements, their hands tied by what they have negotiated away at the bargaining table.

While the law explicitly stated that nothing in the law shall be construed to "alter or otherwise affect" an existing contract, that's not the case for contracts that have yet to be renegotiated. Former Secretary Paige said as much in a "Dear Colleague" letter to state school chiefs in June 2002, interpreting Section 1116 of NCLB, where the requirements that states and districts must meet are laid out. While it may be acceptable now for a state to claim it was unable to meet the law's requirements because of its districts' contract provisions, that same excuse can no longer be used if the agreement was renegotiated after NCLB was signed in 2002.

This potential landmine is of particular importance for the highly qualified teacher provision. To her great credit, Secretary Spellings has made it clear she intends to hold states accountable for evidence that poor schools have as many highly qualified teachers on staff as wealthier schools in the same district. Concessions on seniority transfer rights will inevitably have to be addressed if districts and states are going to meet the expectations of NCLB in this area.

Certainly that's what appeared to happen in New York this go-round, with school district officials winning their most remarkable concessions from the UFT in exactly this arena. The new agreement:

* Gives principals in most schools the final say over new hires--though some schools will still use committees for interviewing and decision making.

* Bases transfer placements on merit, not seniority.

* Makes advertising for vacancies public, meaning that teachers from outside the system have access to job announcements at the same time as teachers within the district.

* In the event of department closures or reductions, teachers will still be excessed in reverse order of seniority. However, teachers will no longer be able to cherry-pick open jobs from their more junior colleagues simply on the basis of seniority.

Philadelphia also got some leeway from its union on this issue in its newly negotiated agreement. As more agreements come up for renegotiation post-NCLB, both districts and unions will have to alter their current practices.

And speaking of transfers and seniority, see below on an important new study from The New Teacher Project...