"Virginia and some of its school divisions could lose tens of millions of dollars if the divisions refuse to comply with federal rules for testing students with limited English proficiency.

By early next week, state officials should have a clearer picture of what could happen to school divisions that do not comply with the federal No Child Left Behind Act.

Early estimates indicate the cost could be in the millions.

State Superintendent of Public Instruction Billy K. Cannaday Jr. met yesterday with federal education officials who re-emphasized the state's need to make sure school divisions understand that if they do no comply, they could face fiscal penalties.

School boards in six districts Fairfax, Arlington, Prince William, Frederick and Amherst counties and Harrisonburg city -- have passed resolutions stating level 1 and 2 limited-English students will be tested in a way the division feels is appropriate. The resolutions leave open the option of testing in a way that does not comply with federal requirements.

About 9,000 of the state's 78,000 limited-English students are at skill levels 1 or 2, the lowest levels of English proficiency.

The school divisions passing resolutions have high numbers of students with limited English skills. School division officials have said the federal mandate to test them using the Standards of Learning tests is unfair and sets up the students, schools and school divisions for failure.

Virginia Board of Education President Mark E. Emblidge has asked federal officials for specific details about the fiscal impact of noncompliance before next Wednesday's board meeting

Cannaday said yesterday's preliminary estimates indicate the state could stand to lose up to $2 million, while a division such as Fairfax County could lose more than $17 million.

A federal Education Department spokesman downplayed any threat of cutting off federal money.

"That's hypothetical," spokesman Chad Colby said. "We are working toward a resolution."

This year, the federal government is going to approve Virginia's proposal to allow school districts to use portfolios of work by English-language students to determine their progress, he said.

The state also is working with the department to develop a better test for these students. And the president's proposal for reauthorizing the No Child Left Behind Act includes provisions to protect schools that are making progress in teaching English-language learners.

A cutoff of federal funds would happen only if the state and the school districts did not use any of these solutions, he said.

But some school districts were skeptical.

A portfolio assessment could not be put together in time to be used this year, said Harrisonburg Superintendent Donald Ford, and his board does not want to give the regular reading test to the lowest-level English learners.

"Hypothetically, I would like to know how much money we would lose if we didn't," said Ford, whose district gets about $5 million -- 9 percent of its budget -- from the federal government.

"If it's $50,000, it's one thing," he said. "If it's $500,000 or $5 million, it could be another. But our board reiterated last week that the test is unfair -- and I would add, irrational."

Cannaday said again that he sympathizes with the school officials' frustrations but said they have an obligation to obey the law.

Cannaday said school divisions might be left with no other choice than to use the SOL tests." (Holly Prestidge, Richmond Times-Dispatch, February 22, 2007)