I don't know that I agree or disagree with what Ms Spellings proposes for the No Child Left Behind Law. but I think she is supposed to UPHOLD THE LAW, instead of try to make end runs around it.

Secretary of Education Margaret Spellings used her executive powers on Tuesday to propose a series of ninth-inning regulatory fixes to President Bush’s signature education law, No Child Left Behind, including requiring states to use a single federal formula to calculate and report high school graduation rates.

Ms. Spellings also wants to require schools to notify parents of their right to transfer students out of failing schools two weeks before the start of each school year, and to explain more fully to parents the opportunities for federally financed tutoring that are available to students attending troubled schools.

Ms. Spellings said she was proposing the fixes because efforts in Congress to rewrite the legislation have stalled and because “everywhere I go I meet parents who are demanding change.”

...

Some education experts and lobbyists said the proposed regulations were so sweeping that they amounted to an effort by Ms. Spellings to amend the law through regulation.

“This is the boldest sidestep around the Congress that I’ve ever seen,” said Bruce Hunter, a lobbyist for the American Association of School Administrators. “She’s trying to rewrite the law without benefit of Congressional action. I’d be surprised if lawmakers let this go.”