The White House

Office of the Press Secretary

For Immediate Release
September 23, 2011

Fact Sheet: Bringing Flexibility and Focus to Education Law

One of my highest priorities is to help ensure that Federal laws and policies support the significant reforms underway in many States and school districts and do not hinder State and local innovation aimed at increasing the quality of instruction and improving student academic achievement.    
~ Arne Duncan, September 23, 2011

The Case for ESEA Flexibility

Over the past few years, States and school districts have initiated education reforms and innovations to support great teaching and help all students learn and achieve success. 

  • 44 States and the District of Columbia have adopted a common set of State-developed college- and career-ready standards
  • 46 States and the District of Columbia are developing high-quality assessments aligned with college- and career-ready standards
  • More than 40 States are developing next-generation accountability and support systems, guided by principles developed by the Council of Chief State School Officers
  • Many States are implementing reforms in teacher and principal evaluation and support, turning around low-performing schools

Many of these innovations and reforms were not anticipated when the No Child Left Behind Act of 2001 (NCLB) was enacted nearly a decade ago.  Instead of fostering progress and accelerating academic improvement, many NCLB requirements have unintentionally become barriers to State and local implementation of reforms. It is time for a new partnership where the federal role is to support innovation and reform in the states while maintaining a high bar for the success of all students.

ESEA Flexibility

ESEA flexibility focuses on supporting State and local reform efforts underway in three critical areas:

  • Transitioning to college- and career-ready standards and assessments
  • Developing systems of differentiated recognition, accountability, and support
  • Evaluating teacher and principal effectiveness and supporting improvement

A State may request flexibility through waivers of several specific provisions of NCLB.  Most notably:

  • Flexibility Regarding the 2013–2014 Timeline for Achieving 100 Percent Proficiency:  A State will no longer have to set targets that require all students to be proficient by 2014.  Instead, a State will have flexibility to establish ambitious but achievable goals in reading/language arts and mathematics to support improvement efforts for all schools and all students.
  • Flexibility Regarding District and School Improvement and Accountability Requirements:  States, districts, and schools will receive relief from a system that over-identifies schools as “failing” and prescribes a “one size fits all” approach to interventions.  Instead, States will have the flexibility to design a system that targets efforts to the schools and districts that are the lowest-performing and to schools that have the largest achievement gaps, tailoring interventions to the unique needs of those schools and districts and their students.  States will also have flexibility to recognize and reward both schools that are the highest-achieving and those whose students are making the most progress. 
  • Flexibility Related to the Use of Federal Education Funds:  States, districts, and schools will gain increased flexibility to use several funding streams in ways they determine best meets their needs, and rural districts will have additional flexibility in using their funds. Funds to meet the needs of particular populations of disadvantaged students will be protected. 

To receive flexibility through these waivers of NCLB requirements, a State must develop a rigorous and comprehensive plan addressing the three critical areas that are designed to improve educational outcomes for all students, close achievement gaps and increase equity, and improve the quality of instruction.

  • Transitioning to College- and Career-Ready Standards and Assessments To request ESEA flexibility, a State must have already adopted college- and career-ready standards in reading/language arts and mathematics designed to raise the achievement of all students, including English Learners and students with disabilities.  The State will then help its schools and districts transition to implementing those standards and will commit to administering statewide tests aligned with college- and career-readiness.  
  • Developing Systems of Differentiated Recognition, Accountability, and Support Under ESEA flexibility, a State will establish a differentiated recognition, accountability, and support system that gives credit for progress towards college- and career-readiness.  The system each State develops will recognize and reward the highest-achieving schools that serve low-income students and those that show the greatest student progress as Reward Schools. 

For a State’s lowest–performing schools — Priority schools,  generally, those in the bottom 5 percent — a district will implement rigorous interventions to turn the schools around.  In an additional 10 percent of the State’s schools — Focus Schools, identified due to low graduation rates, large achievement gaps, or low student subgroup performance — the district will target strategies designed to focus on students with the greatest needs. 

  • Evaluating and Supporting Teacher and Principal Effectiveness: Each State that receives the ESEA flexibility will set basic guidelines for teacher and principal evaluation and support systems.  The State and its districts will develop these systems with input from teachers and principals and will assess their performance based on multiple valid measures, including student progress over time and multiple measures of professional practice, and will use these systems to provide clear feedback to teachers on how to improve instruction.

The White House

Office of the Press Secretary

For Immediate Release
September 23, 2011

Obama Administration Sets High Bar for Flexibility from No Child Left Behind in Order to Advance Equity and Support Reform

WASHINGTON – In an effort to support local and state education reform across America, the White House today outlined how states can get relief from provisions of the Elementary and Secondary Education Act – or No Child Left Behind (NCLB) – in exchange for serious state-led efforts to close achievement gaps, promote rigorous accountability, and ensure that all students are on track to graduate college- and career-ready.

States can request flexibility from specific NCLB mandates that are stifling reform, but only if they are transitioning students, teachers, and schools to a system aligned with college- and career-ready standards for all students, developing differentiated accountability systems, and undertaking reforms to support effective classroom instruction and school leadership.

“To help states, districts and schools that are ready to move forward with education reform, our administration will provide flexibility from the law in exchange for a real commitment to undertake change. The purpose is not to give states and districts a reprieve from accountability, but rather to unleash energy to improve our schools at the local level,” President Obama said.

Release of this package comes nearly a decade after NCLB became law, and four years after it was due to be rewritten by Congress. NCLB shined light on achievement gaps and increased accountability for high-need students, but it also encouraged states to lower standards and narrow curriculum, focused on absolute test scores instead of student growth and gains, and created one-size-fits-all federal mandates.

Education Secretary Arne Duncan said, "We want to get out of the way and give states and districts flexibility to develop locally-tailored solutions to their educational challenges while protecting children and holding schools accountable for better preparing young people for college and careers."

In recent months, states have led a “quiet revolution” to move beyond NCLB’s vision. States have taken the lead in pursuing reform and innovations, including widespread adoption of college- and career-ready standards, development of new assessments, and other reforms in areas including teacher and principal evaluation and support, and turning around low-performing schools.

The ESEA flexibility package announced today, developed with input from chief state school officers from 45 states, will spur momentum across America to implement a new educational system aligned to college- and career- readiness, even as the more comprehensive reforms outlined in the President’s Blueprint for Reform await Congressional reauthorization of the ESEA.

This flexibility package was developed under the waiver authority explicitly granted to the U.S. Department of Education under the ESEA, and has been exercised under the previous Administration. The flexibility will begin to have an impact during the 2011-2012 school year and will have increasing impact in subsequent years.

For a fact sheet on the details of the flexibility announcement click HERE.

The White House

Office of the Press Secretary

For Immediate Release
September 22, 2011

Presidential Nominations Sent to the Senate

NOMINATIONS SENT TO THE SENATE:

Michael A. Hughes, of the District of Columbia, to be United States Marshal for the Superior Court of the District of Columbia for the term of four years, vice Stephen Thomas Conboy, resigned.

Jacqueline H. Nguyen, of California, to be United States Circuit Judge for the Ninth Circuit, vice a new position created by Public Law 110-177, approved January 7, 2008.

Brian C. Wimes, of Missouri, to be United States District Judge for the Eastern and Western Districts of Missouri, vice Nanette K. Laughrey, retired.

The White House

Office of the Press Secretary

For Immediate Release
September 22, 2011

President Obama Nominates Judge Jacqueline H. Nguyen to Serve on the United States Court of Appeals

WASHINGTON – Today, President Obama nominated Judge Jacqueline H. Nguyen to the United States Court of Appeals for the Ninth Circuit. 

“Judge Nguyen has been a trailblazer, displaying an outstanding commitment to public service throughout her career,” President Obama said. “I am honored to nominate her today for a seat on the United States Court of Appeals and confident she will serve the American people with fairness and integrity.”  

Judge Jacqueline H. Nguyen: Nominee for the United States Court of Appeals for the Ninth Circuit

Judge Jacqueline H. Nguyen has served as a United States District Judge in the Central District of California in Los Angeles since 2009.  Judge Nguyen was born in Dalat, Vietnam, and in 1975, she fled the country as a girl along with her family as Saigon was in the process of falling during the latter stages of the Vietnam War.  Her family was placed at a refugee camp in Camp Pendleton, California, where they lived in a tent city for over one month before settling in the Los Angeles area.  She received her A.B. from Occidental College in 1987, and her J.D. from UCLA School of Law in 1991.  Judge Nguyen began her legal career at the law firm of Musick, Peeler & Garrett LLP, where she was a litigation associate from 1991 to 1994.  In 1995, she joined the United States Attorney’s Office in the Central District of California, serving as an Assistant United States Attorney in the criminal division.  There, she worked as a federal prosecutor in both the General Crimes and Public Corruption and Government Fraud sections, and was a member of the office’s Organized Crime Strike Force from 1999 to 2000.  She served as Deputy Chief of the General Crimes section from 2000 to 2002.  Judge Nguyen was appointed to the state bench as Judge of the Superior Court of the County of Los Angeles in 2002 and remained a judge on that court until she was appointed to the federal bench in 2009.

The White House

Office of the Press Secretary

For Immediate Release
September 22, 2011

President Obama Nominates Judge Brian C. Wimes to Serve on the United States District Court

WASHINGTON – Today, President Obama nominated Judge Brian C. Wimes to the United States District Court bench for the Eastern and Western District of Missouri. 

“I am proud to nominate this outstanding candidate to serve on the United States District Court bench,” said President Obama.  “Judge Wimes has a long and distinguished record of service, and I am confident he will serve on the federal bench with distinction.” 

Judge Brian C. Wimes: Nominee for the United States District Court for the Eastern and Western District of Missouri

Judge Brian C. Wimes is a judge on the 16th Judicial Circuit Court of Missouri, where he has served since 2007.  Prior to his appointment to the circuit court, Judge Wimes served Jackson County as a Drug Court Commissioner from 2001 to 2007 and as an Assistant Prosecuting Attorney in the Jackson County Prosecutor’s Office from 1995 to 2001.  From 1994 to 1995, he worked as an attorney advisor in the litigation branch of the Bureau of Prisons, a position he entered through the Department of Justice Honors Program.  Judge Wimes received his J.D. in 1994 from the Thurgood Marshall School of Law at Texas Southern University and his B.G.S. in 1990 from the University of Kansas.

The White House

Office of the Press Secretary

For Immediate Release
September 22, 2011

President Obama Nominates Michael A. Hughes to Serve as a U.S. Marshal

WASHINGTON- Today, President Obama nominated Michael A. Hughes to serve as a U.S. Marshal for the Superior Court for the District of Columbia. 

“I am pleased to nominate this outstanding public servant to serve as a U.S. Marshal,” said President Obama.  “Throughout his career, Michael has demonstrated an unwavering commitment to justice.  I am grateful for his continued willingness to serve and protect the American people.”

Michael A. Hughes to be United States Marshal for the Superior Court for the District of Columbia

Michael A. Hughes has spent his entire law enforcement career with the United States Marshals Service.  He began his tenure in 1991, and has held various posts within the Marshals Service, including a stint with the Witness Security Division and an assignment to the protection detail of the Deputy Attorney General.  He currently serves as the Chief of the Office of Crisis Services within the U.S. Marshal Service’s Tactical Operations Division.  From 2003 to 2004, Hughes was detailed by the U.S. Marshals Service to the Washington, DC office of Senator Frank Lautenberg.  Hughes graduated from Montclair State University in New Jersey in 1990 with a bachelor’s degree and received a Master of Public Administration degree from American University in 2007.  He currently resides in Washington, DC.

The White House

Office of the Press Secretary

For Immediate Release
September 22, 2011

Fact Sheet: Global Health Security

“To stop disease that spreads across borders, we must strengthen our systems of public health. We will continue the fight against HIV/AIDS, tuberculosis and malaria. We will focus on the health of mothers and children. And we must come together to prevent, detect, and fight every kind of biological danger – whether it is a pandemic like H1N1, a terrorist threat, or a treatable disease. This week, America signed an agreement with the World Health Organization to affirm our commitment to meet this challenge. Today, I urge all nations to join us in meeting the WHO’s goal of making sure all nations have core capacities to address public health emergencies in place by 2012. That is what our commitment to the health of our people demands.”

--President Obama’s Address to the United Nations General Assembly, September 22, 2011

This week President Obama addressed the United Nations General Assembly and urged the global community come together to prevent, detect, and fight every kind of biological danger, whether it is a pandemic, terrorist threat, or treatable disease. The United States is taking a multi-faceted approach to the full spectrum of challenges posed by infectious diseases, whether naturally occurring, accidental, or the result of a deliberate attack. Through fora such as the UN Security Resolution 1540, the Biological Weapons Convention (BWC), and the World Health Organization (WHO), the United States is pursuing a common vision where disease no longer threatens the security and prosperity of nations. The “Global Health Security” policy framework is derived from the common approaches that shape key U.S. strategies and initiatives: the National Strategy for Countering Biological Threats, the National Security Strategy, Department of Health and Human Services National Health Security Strategy, and the Global Health Initiative.

Improving capacities to detect, report and respond to infectious diseases quickly and accurately lies at the heart of the global community’s ability to address all infectious disease threats, as reflected in the WHO’s International Health Regulations (IHR). The United States is committed to assisting countries in developing core capacities to assess, notify, and respond to infectious disease threats and to meet the WHO milestone of having these capacities in place by 2012. Coordinating across its diverse international health programs, the United States is focused on assisting host countries in meeting their IHR obligations.

Commitment to the World Health Organization’s International Health Regulations
On September 19th, the United States took an important step by signing an agreement with WHO on “Global Health Security,” affirming our shared commitment to strengthen cooperation on shared health security priorities. The Memorandum of Understanding (MOU) was signed by Health and Human Services Secretary Sebelius, WHO Director-General Chan and establishes a framework for collaboration on common goals in the area of global health security to ensure that the international community effectively manages public health risks. It outlines a number of areas of cooperation, including: global alert and response systems, the International Health Regulations, public health networks, global health leadership, risk management, and preparedness.

Biological Weapons Convention
The Biological and Toxin Weapons Convention (BWC), which entered into force in 1975, is the first treaty to unequivocally ban the development and stockpiling of an entire class of weapons of mass destruction. The United States seeks to use an upcoming December Review Conference to advance the goals set forth in the President Obama’s National Strategy for Countering Biological Threats, promulgating the view that effective BWC implementation requires multinational coordination and collaboration on concrete activities to counter biological proliferation and bioterrorism. The BWC Revcon offers an important opportunity to revitalize international efforts against these threats, helping to build global capacity to combat infectious diseases, prevent biological weapons proliferation and bioterrorism, and bring security, health, and scientific communities together to raise awareness of evolving biological risks and develop practices to manage them.

Global Health Initiative
President Obama’s Global Health Initiative (GHI), launched in May 2009, partners with countries to improve health outcomes through strengthened health systems, increased and integrated investments in maternal and child health, family planning, nutrition and infectious diseases including HIV/AIDS, tuberculosis, malaria and neglected tropical diseases, and through a focus on improving the health of women, newborns and children. One of the key principles of the GHI focuses is strengthening health systems to save lives and achieve sustainable outcomes.

The White House

Office of the Press Secretary

For Immediate Release
September 22, 2011

Statement by the Press Secretary on the 10th Anniversary of the Durban Conference

Several months ago, the United States announced that we would not participate in the 10-year commemoration of the 2001 Durban Conference. Consistent with that decision, we are not attending today’s high level event in New York.

Since its inception at the 2001 World Conference Against Racism in Durban, South Africa, the Durban process has included ugly displays of intolerance and anti-Semitism. In 2009, after working to try to achieve a positive, constructive outcome in the Durban Review Conference that would get past the deep flaws of the Durban process to date to focus on the critical issues of racism, the United States withdrew from participating because the review conference’s outcome document reaffirmed, in its entirety, the Durban Declaration and Programme of Action (DDPA) from 2001, which unfairly and unacceptably singled out Israel. The DDPA also endorsed overbroad restrictions on freedom of expression that run counter to the U.S. commitment to robust free speech.

Last December, the United States voted against the resolution establishing the commemoration because we did not want to see the hateful and anti-Semitic displays of the 2001 Durban Conference commemorated.

Over the last few months, we did not participate in negotiations on the Commemoration’s Political Declaration document and, like many other countries, we were not present when the Declaration was adopted. We are also deeply disappointed that the rules established for credentialing non-governmental organizations to participate were used by some delegations to silence voices critical of the Durban process.

The United States is profoundly committed to ending racism and racial discrimination. We remain fully and firmly committed to upholding the human rights of all people and to combating racial discrimination, xenophobia, intolerance, anti-Semitism and bigotry, including through enhanced implementation of the International Convention on the Elimination of All Forms of Racial Discrimination. This commitment is rooted in the saddest chapters of our history and reflected in the most cherished values of our union. We will continue to work in partnership with all nations of goodwill to uphold human rights and combat racism, bigotry, and racial discrimination in all forms and all places.

The White House

Office of the Vice President

For Immediate Release
September 21, 2011

Statement from Vice President Biden on Protecting Taxpayer Dollars from Excess Spending and Waste

Last week, I held a Cabinet meeting where I directed agency heads to do more to cut waste in their departments. Today, we saw reports of excessive spending on catering for government conferences. These reports are troubling and reinforce why the President and I launched the Campaign to Cut Waste, a government-wide initiative to reduce spending by making government more effective and more efficient.

Today, at the President’s direction, Office of Management and Budget (OMB) Director Jack Lew directed all agency heads to conduct a thorough review of how they are spending taxpayer dollars on conferences. As this review is underway, all conference-related activities and expenses will have to be signed off on by the Deputy Secretary or an equivalent  chief operating officer of each agency. That way, those at the very top will have to account for these expenses.

I will then reconvene all agency heads at the next Campaign to Cut Waste Cabinet meeting in December, and ask each and every one of them what they are doing to get on top of conference-related expenses and cut waste in this area and in other parts of their operations.

Every day, middle-class families are making tough choices to make ends meet. It is our responsibility to make sure that their taxpayer dollars are not wasted and instead are used to provide the services that Americans rely on and make our economy stronger and our Nation more secure. 

The White House

Office of the Press Secretary

For Immediate Release
September 21, 2011

Statement from the President on the Release of Shane Bauer and Josh Fattal

I welcome the release of Shane Bauer and Josh Fattal from detention in Iran and am very pleased that they are being reunited with their loved ones.  The tireless advocacy of their families over these two years has won my admiration, and is now coming to an end with Josh and Shane back in their arms.  All Americans join their families and friends in celebrating their long-awaited return home.

We are deeply grateful to His Majesty Sultan Qaboos bin Said of Oman, Iraqi President Jalal Talabani, the Swiss government, and to all our partners and allies around the world who have worked steadfastly over the past two years to secure the release of Shane and Josh.