Gov. Timothy M. Kaine does not support a state withdrawal from No Child Left Behind, his spokesman said yesterday.

Pulling out of the federal government's sweeping education program, an action that many delegates support, could leave a hole in the state budget of anywhere from $100 million to $300 million-plus, depending on whom you ask.

House Bill 1425, sponsored by Del. R. Steven Landes, R-Augusta, says that unless the federal government grants the state waivers that allow greater flexibility in implementing the federal law, the state Board of Education will draft a plan to withdraw from participation by June 30, 2009.

Landes said he wants to send a message to the federal government that state lawmakers are concerned.

Sen. Emmett W. Hanger Jr., R-Augusta, has introduced Senate Bill 490, which would set the same deadline.

"The governor wants the waivers to be granted," said Gordon Hickey, a Kaine spokesman. "He does not support withdrawing from NCLB."

The Board of Education has not advocated a withdrawal from the federal legislation either, according to Charles Pyle, Virginia Department of Education spokesman. The board has taken issue with how to best implement aspects of the law in a state with an accountability program that predates NCLB.

"That said, I'm sure board members are appreciative of the efforts of the General Assembly to express the frustration that they've felt over the last few years in trying to implement the law in a way that makes sense for Virginia," Pyle said.

The state has successfully applied for flexibility in some areas of the federal law and is seeking more waivers.

The Senate took the June 2009 deadline out of Landes' bill, instead directing the Board of Education to make a recommendation to the assembly on continued implementation of NCLB.

The disagreement between the Senate and the House -- which supported the deadline -- means the legislation is expected to go into conference.

Landes said he thinks a projected loss of federal funding has made the Senate wary of setting a deadline. He argues that there is another assembly session before June 2009 and the Board of Education plan would address funding concerns.

A new president will be in office by then and Congress could make changes in the law, he said.

"From our standpoint, it's an important message to send to them and also hopefully the potential presidential candidates as well," Landes said.
Contact Olympia Meola at (804) 649-6812 or omeola@timesdispatch.com.