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AnswerNote: No Child Left Behind
no child left behind
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The "No Child Left Behind" law requires states to give students in grades 3-8 an annual test in reading and math. In 10 years, all students are supposed to test as "proficient." Test scores at individual schools must improve for all students and for minorities, low-income students and other subgroups. If a school receiving federal Title I funding misses the target two years in a row, students must be offered a choice of other public schools to attend. If a school fails to improve three years in a row, students must be offered vouchers good for extra help, including private tutoring. Teachers in core content areas must be "highly qualified," certified and knowledgeable about the subject matter taught. The law funds "research-based" reading programs for elementary students.

Last updated: June 21, 2004.

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Education Encyclopedia: No Child Left Behind Act of 2001
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On January 8, 2002, President George W. Bush signed into law the No Child Left Behind Act. This act was a congressional reauthorization of the Elementary and Secondary Education Act of 1965 (ESEA) and is also known technically as Public Law 107-87.

In April 1965, almost thirty-seven years prior to the enactment of Public Law 107-87, the 89th Congress and President Lyndon Baines Johnson had overseen enactment of the original ESEA (Pub. L. 89-10). This federal government statue proved enormously important for American education. It also proved enormously difficult to implement and manage. The nature and complexity of the No Child Left Behind Act suggests that it too will be both equally important and equally challenging to those charged with overseeing its operation.

The Original Esea

The significance of the original ESEA resided in its emphasis on the schooling of students from low-income households. The ESEA, through a remarkably creative financing formula, distributed federal funds to states, and thence to counties and school districts, proportionate to the number of enrolled students from low-income households. By the turn of the twenty-first century, this act was responsible for distributing more than $13 billion each school year to public and, through a few minimal provisions, private and religious K - 12 schools. The act also supplied substantial financial subsidies for the operation of state education departments.

Prior to 1965, not only did the federal government have only the most minimal presence in education, education also had only a minimal presence in the lives of low-income students. These were children who had legal access to public schooling. But public schooling had few mechanisms, other than the dedication of certain teachers and principals, for educating them. Low-income students were permitted to stay in school, often being promoted from one grade to the next. Prior to the ESEA, however, there were few expectations that schools would expend on their behalf the added resources that might be necessary to compensate for the poverty-impacted nature of their neighborhoods and households. The ESEA was, if nothing else, a powerful symbolic message that even poor children were to be schooled.

Administration of the ESEA proved challenging. School districts frequently did not realize that the added federal funding was intended for low-income children. They accepted the money as "general financial aid," suitable for whatever purpose they chose to spend it. Congressional amendments in 1968 made the statute's purposes more clear. Nevertheless, these new regulations were so strict that it became equally clear that the federally funded poverty programs, however much needed, were intruding deeply into the operation of schools. The narrowly focused instructional programs they financed were at best wasteful and possibly counterproductive to the education of children.

By the mid-1990s, Congress undertook another midcourse correction and began to permit schools to deploy the ESEA funds with greater local discretion. Still, by 1998, a General Accounting Office report suggested that only fifteen states were adequately implementing the ESEA. This was more than three decades after its enactment.

The New Act

The No Child Left Behind Act promises to be as important as the original ESEA not only because of the added federal funding it authorizes for education but also because of the pathbreaking measures required of states accepting the money.

The new ESEA is also symbolic of a major shift in American education. Until the latter part of the twentieth century, it was generally sufficient simply to offer schooling and to ensure that all children had equal access to it. By the turn of the twenty-first century, however, global economic changes had so altered that societal landscape that Americans were expecting far more of their education systems. Now, simple access was no longer sufficient. Learning was coming to be expected - and not simply learning for the slender elite that for more than a century had graduated from privileged public and private schools and attended the nation's highest-ranking universities. Now learning was expected of all children, and performance was expected of all schools. The No Child Left Behind Act is filled with accountability provisions to ensure that states and participating schools understand the new expectations.

The No Child Left Behind Act is symbolic of the transition in American education from a period where the main concern was that the inputs of schooling be present to a period where it is the outcomes of schooling that matter. To accomplish this new purpose - to render schools effective - the reauthorized ESEA provides added funding to school districts, through states. In addition, it requires that states have learning standards and testing programs capable of assessing each child's performance in achieving those standards. The accountability mechanisms in the statute provide for negative sanctions to schools and districts that persistently fail to elevate student achievement.

However important practically, financially, or symbolically, the No Child Left Behind Act will doubtless prove difficult to implement. The statutory language offers only the most rudimentary solutions to a number of issues and questions, such as the comparability of testing forms across states, or whether improvement in student achievement is sufficient or must a school attain absolute standards of achievement to be approved.

In that the original ESEA was not fully understood nor faultlessly managed even three decades after its enactment, it is unlikely that the 2002-enacted version, which if anything is even more complicated, will achieve success at a faster pace.

Internet Resource

U.S. Department of Education. 2002. No Child Left Behind.www.nochildleftbehind.gov.

— JAMES W. GUTHRIE

Act of Congress:

No Child Left Behind (2001)

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No Child Left Behind (NCLB) (P.L. 107-110, 115 Stat. 1425) is a major revision of the 1965 Elementary and Secondary Education Act (ESEA). The key components of the new version of this legislation, passed with significant bipartisan support, are two goals associated with accountability and the closing of the achievement gap between students of different socioeconomic backgrounds. Critics of the original 1965 legislation argued that the law provided federal funding to schools but did not mandate accountability for academic results; NCLB does both. In contrast, critics of the current legislation, including the National Educational Association, have claimed that adequate funding is not provided to satisfy the more stringent accountability requirements included in NCLB.

To satisfy NCLB requirements, schools must prove that each one of its students is proficient, or on grade level, in key educational areas, such as reading and math, by 2014 in order to continue to receive federal funding. Beginning in 2002–2003, NCLB requires school districts to prepare annual reports for families and the public at large describing academic achievement in the aggregate (for the entire district), by individual schools, and by grade level. Since the federal government provides only about seven percent of the total funding for public elementary and secondary schools, however, it may have trouble demanding the level of accountability that NCLB seeks.

School Accountability and Nclb

The federal government plans to make the results from the accountability tests available in annual report cards so parents can measure school performance and statewide progress, and evaluate the quality of their child's school, the qualifications of teachers, and their child's progress in key subjects. In addition, statewide reports will show progress for all student groups in closing achievement gaps between disadvantaged students and other groups of students.

Under NCLB, each state sets its own benchmark for purposes of demonstrating that it has achieved "adequate yearly progress." This is part of a larger trend in education that focuses on the collection of data and the analysis of that data in relation to student learning. Adequate yearly progress is measured over-all for each school as well as disaggregated, or reported separately, for students from major ethnic and racial groups, economically disadvantaged students, students with disabilities, and students with limited English proficiency. No Child Left Behind clearly provides that states must raise their target goals over time and that the federal government expects increasing numbers of students to meet them. More important, states are to evaluate all students, and each subgroup is to make adequate yearly progress or the school fails in its entirety. Schools that do not consistently meet these requirements may eventually have to reorganize and/or surrender to state control. The requirements of NCLB, however, do not apply to private schools or to students who are home-schooled.

"Scientifically based research" is a key element to the accountability standard established by NCLB. Scientifically based research means research that involves the application of rigorous, systematic, and objective procedures to obtain reliable and valid knowledge about education activities and programs and involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn. Mentioned 111 times in the pages of the legislation, "scientifically based research" nevertheless is not defined within the act in such a way that schools and school districts clearly understand how to apply it to their various educational settings. Teachers are most concerned that the actual implementation of the proposed research methodology would mean that they would have trouble actually using these methods in a classroom, and these NCLB provisions might also severely limit classroom teaching methods and materials. Critics also assert that increased standardized testing is too expensive, too restrictive, and impossible to administer effectively.

Teacher Accountability and Nclb

In addition to measuring student achievement, the law requires that an increased accountability standard be applied to the nation's teachers. It mandates that all teachers who teach core academic subjects must be highly qualified by 2005–2006. In the past, teachers were able to obtain teaching certificates labeled as temporary, provisional, or emergency; now NCLB prohibits this practice. Existing teachers at all levels must demonstrate sufficient content knowledge in the subjects that they teach. Elementary teachers entering the profession must possess full state certification, have earned at least a bachelor's degree, and have passed a rigorous state test demonstrating subject knowledge and teaching skills in curriculum areas such as reading, writing, and math. New teachers in the middle and secondary schools must also have full state certification, at least a bachelor's degree, and have passed a rigorous state test in the subjects he or she teaches or have successfully completed an academic major (or equivalent course work), graduate degree, or advanced certification in each subject taught.

Social Issues and the Future of Nclb

Other NCLB provisions simplify federal support for bilingual education and allow students to change schools if their school is deemed persistently dangerous. In the area of sex education, schools may not use federal funds to operate a program that distributes condoms or other contraceptives in the schools—the school must emphasize abstinence. Furthermore, public school districts must certify each year that none of their policies prevent or deny participation in constitutionally protected prayer in elementary and secondary schools.

Proponents of NCLB believe that this new legislation will allow individual schools more choices regarding the students they teach. As an ideal, states are to set their own standards, or benchmarks, of performance to fulfill the needs of their students. In certain critical curriculum areas—reading, math, and science—the law will measure students and schools in comparison to the performance of students throughout the country in annual testing by 2013–2014.

Numerous factors, however, determine a student's academic success, and no amount of legislation can effectively control the student's home life, his or her socioeconomic background, whether or not he or she lives in a bad neighborhood, or whether he or she is personally motivated to succeed. Students without essential support systems outside of school may have trouble meeting the ambitious goals of NCLB despite a massive increase in efforts made by his or her teachers. Finally, critics assert that many schools that are thought to be failing are not—they are simply serving poor neighborhoods and are underfunded and that the proposed "adequate yearly progress" system cannot tell the difference between a learning gain and random noise created by a large number of statistics.

Internet Resource

U.S. Department of Education Official Web Site. No Child Left Behind. .

Wikipedia: No Child Left Behind Act
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No Child Left Behind Act of 2001
US-GreatSeal-Obverse.svg
Full title An act to close the achievement gap with accountability, flexibility, and choice, so that no child is left behind.
Acronym / colloquial name NCLB
Enacted by the 107th United States Congress
Effective January 8, 2002
Citations
Public Law 107-110
Stat. 30 Stat. 750, 42 Stat. 108, 48 Stat. 986, 52 Stat. 781, 73 Stat. 4, 88 Stat. 2213, 102 Stat. 130 and 357, 107 Stat. 1510, 108 Stat. 154 and 223, 112 Stat. 3076, 113 Stat. 1323, 115 Stat. 1425 to 2094
Codification
Act(s) amended Adult Education and Family Literacy Act
Age Discrimination Act of 1975
Albert Einstein Distinguished Educator Fellowship Act of 1994
Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988
Carl D. Perkins Vocational and Technical Education Act of 1998
Civil Rights Act of 1964
Communications Act of 1934
Community Services Block Grant Act
Department of Education Organization Act
District of Columbia College Access Act of 1999
Education Amendments of 1972
Education Amendments of 1978
Education Flexibility Partnership Act of 1999
Education for Economic Security Act
Educational Research, Development, Dissemination, and Improvement Act of 1994
Elementary and Secondary Education Act of 1965
Family and Medical Leave Act of 1993
General Education Provisions Act
Goals 2000: Educate America Act
Hazardous and Solid Waste Amendments of 1984
Higher Education Act of 1965
Individuals with Disabilities Education Act
James Madison Memorial Fellowship Act
Internal Revenue Code of 1986
Johnson-O'Malley Act of 1934
Legislative Branch Appropriations Act, 1997
McKinney-Vento Homeless Assistance Act of 1987
Museum and Library Services Act
National Agricultural Research, Extension, and Teaching Policy Act of 1977
National and Community Service Act of 1990
National Child Protection Act of 1993
National Education Statistics Act of 1994
National Environmental Education Act of 1990
Native American Languages Act
Public Law 88-210
Public Law 106-400
Refugee Education Assistance Act of 1980
Rehabilitation Act of 1973
Safe Drinking Water Act
School-to-Work Opportunities Act of 1994
State Dependent Care Development Grants Act
Telecommunications Act of 1996
Tribally Controlled Schools Act of 1987
Toxic Substances Control Act of 1976
Transportation Equity Act for the 21st Century
Workforce Investment Act of 1998
Legislative history
Major amendments

The No Child Left Behind Act of 2001 (Pub.L. 107-110, 115 Stat. 1425, enacted January 8, 2002),[1] often abbreviated in print as NCLB and sometimes shortened in pronunciation to "nicklebee",[2] is a United States Act of Congress that was originally proposed by the administration of President George W. Bush immediately after taking office.[3] The bill, shepherded through the Senate by Senator Ted Kennedy, one of the bill's sponsors, received overwhelming bipartisan support in Congress.[4] The House of Representatives passed the bill on May 23, 2001,[5] and United States Senate passed it on June 14, 2001;[6] President Bush signed it into law on January 8, 2002.

NCLB is the latest federal legislation that enacts the theories of standards-based education reform, which is based on the belief that setting high standards and establishing measurable goals can improve individual outcomes in education. The Act requires states to develop assessments in basic skills to be given to all students in certain grades, if those states are to receive federal funding for schools. The Act does not assert a national achievement standard; standards are set by each individual state.

Since enactment, Congress increased federal funding of education, from $42.2 billion in 2001 to $54.4 billion in 2007. No Child Left Behind received a 40.4% increase from $17.4 billion in 2001 to $24.4 billion. The funding for reading quadrupled from $286 million in 2001 to $1.2 billion.[7]

Contents

Legislative history

President Bush signing the No Child Left Behind Act at Hamilton H.S. in Hamilton, Ohio.

The legislation was proposed by the President on January 23, 2001. It was coauthored by Representatives John Boehner (R-OH) and George Miller (D-CA) and Senators Judd Gregg (R-NH) and Ted Kennedy (D-MA), and signed by President Bush.

No Child Left Behind requires all public schools to administer a state-wide standardized test (all students take the same test under the same conditions) annually to all students. The students' scores are used to determine whether the school has taught the students well. Schools which receive Title I funding through the Elementary and Secondary Education Act of 1965 must make Adequate Yearly Progress (AYP) in test scores (e.g. each year, its fifth graders must do better on standardized tests than the previous years).

If the school's results are repeatedly poor, then a series of steps are taken to improve the school.[8] Schools that miss AYP for a second consecutive year are publicly labeled as being "in need of improvement" and are required to develop a two-year improvement plan for the subject that the school is not teaching well. Students are given the option to transfer to a better school within the school district, if any exists. Missing AYP in the third year forces the school to offer free tutoring and other supplemental education services to struggling students. If a school misses its AYP target for a fourth consecutive year, the school is labeled as requiring "corrective action," which might involve actions like the wholesale replacement of staff, introduction of a new curriculum, or extending the amount of time students spend in class. The fifth year of failure results in planning to restructure the entire school; the plan is implemented if the school fails to hit its AYP targets for the sixth year in a row. Common options include closing the school, turning the school into a charter school, hiring a private company to run the school, or asking the state office of education to directly run the school..

Claims made in favor of the act

The academic achievement of minority students has increased under NCLB.This is reflected on the California Standards Test (CST). More of these students are also enrolled in higher level of math courses than before the law was passed.

Support for NCLB can be organized into the following categories:

Improved test scores (NAEP)

The Department of Education points to the National Assessment of Educational Progress (NAEP) results, released in July 2005, showing improved student achievement in reading and math:[9]

  • More progress was made by nine-year-olds in reading in the last five years than in the previous 28 years combined.
  • America's nine-year-olds posted the best scores in reading (since 1971) and math (since 1973) in the history of the report. America's 13-year-olds earned the highest math scores the test ever recorded.
  • Reading and math scores for black and Hispanic nine-year-olds reached an all-time high.
  • Achievement gaps in reading and math between white and black nine-year-olds and between white and Hispanic nine-year-olds are at an all-time low.
  • Forty-three states and the District of Columbia either improved academically or held steady in all categories (fourth- and eighth-grade reading and fourth- and eighth-grade math)..

Critics argue that these statistics are misleading. They compare 2005 with 2000, when No Child Left Behind didn't even take effect until 2003. They point out that the increase in scores between 2000 and 2003 was roughly the same as the increase between 2003 and 2005, which calls into question how any increase can be attributed to No Child Left Behind. They also argue that some of the subgroups are cherry-picked -- that in other subgroups scores remained the same or actually fell.[10]

Improvement over local standards

Many argue that local government had failed students, necessitating federal intervention to remedy issues like teachers teaching outside their areas of expertise, and complacency in the face of continually failing schools.[11] Some local governments, notably New York State, have voiced support for NCLB provisions, because local standards had failed to provide adequate oversight over special education, and that NCLB would allow longitudinal data to be more effectively used to monitor Adequate Yearly Progress (AYP).[12] States all over the United States have shown improvements in their progress as a result of NCLB. For example, Wisconsin ranks first of all fifty states, and the District of Columbia at ninety-eight percent of its schools, achieving the No Child Left Behind Standards.[13]

Increased accountability

Supporters of NCLB claim the legislation encourages accountability in public schools, offers parents greater educational options for their children, and helps close the achievement gap between minority and white students.[14] NCLB aims to show achievement toward these goals through federally mandated standardized testing.

In addition to and in support of the above points, proponents claim that No Child Left Behind:

  • Links State academic content standards with student outcomes.
  • Measures student performance: a student's progress in reading and math must be measured annually in grades 3 through 8 and at least once during high school via standardized tests.
  • Provides information for parents by requiring states and school districts to give parents detailed report cards on schools and districts explaining the school's AYP performance. Schools must also inform parents when their child is being taught by a teacher or para-professional who does not meet "highly qualified" requirements.
  • Establishes the foundation for schools and school districts to significantly enhance parental involvement and improved administration through the use of the assessment data to drive decisions on instruction, curriculum and business practices.

Attention to minority populations

  • Seeks to narrow class and racial gaps in school performance by creating common expectations for all.
  • Requires schools and districts to focus their attention on the academic achievement of traditionally under-served groups of children, such as low-income students, students with disabilities, and students of "major racial and ethnic subgroups".[15] Each state is responsible for defining major racial and ethnic subgroups itself.[15] Many previous state-created systems of accountability only measured average school performance, allowing schools to be highly rated even if they had large achievement gaps between affluent and disadvantaged students.

Quality of education

  • Ideally, increases the quality of education by requiring schools to improve their performance
  • Improves quality of instruction by requiring schools to implement "scientifically-based research" practices in the classroom, parent involvement programs, and professional development activities for those students that are not encouraged or expected to attend college.
  • Supports early literacy through the Early Reading First initiative [9].
  • Emphasizes reading, writing, mathematics and science achievement as "core academic subjects".

School choice

  • Gives options to students enrolled in schools failing to meet AYP. If a school fails to meet AYP targets two or more years running, the school must offer eligible children the chance to transfer to higher-performing local schools, receive free tutoring, or attend after-school programs.
  • Gives school districts the opportunity to demonstrate proficiency, even for subgroups that do not meet State Minimum Achievement standards, through a process called "safe harbor," a precursor to growth-based or value-added assessments.

Funding

As part of their support for NCLB, the administration and Congress backed massive increases in funding for elementary and secondary education funding. Title I funding to districts for disadvantaged children increased from $42.2 billion to $55.7 billion from 2001, the fiscal year before the law's passage, to fiscal year 2004.[16] A new $1 billion Reading First program was created, distributing funds to local schools to improve the teaching of reading, and over $100 million for its companion, Early Reading First.[17] Numerous other formula programs received large increases as well. This was consistent with the administration's position of funding formula programs, which distribute money to local schools for their use, and grant programs, where particular schools or groups apply directly to the federal government for funding. In total, federal funding for education increased 59.8% from 2000 to 2003.[18]

Funding for school technology used in classrooms as part of NCLB, is administered by the Enhancing Education Through Technology Program (EETT). Funding sources are used for equipment, professional development and training for educators, and updated research. EETT allocates funds by formula to states. The states in turn reallocate 50% of the funds to local districts by Title I formula and 50% competitively. While districts must reserve a minimum of 25% of all EETT funds for professional development, recent studies indicate that most EETT recipients use far more than 25% of their EETT funds to train teachers to use technology and integrate it into their curricula. In fact, EETT recipients committed more than $159 million in EETT funds towards professional development during the 2004-05 school year alone. Moreover, even though EETT recipients are afforded broad discretion in their use of EETT funds, surveys show that they target EETT dollars towards improving student achievement in reading and math, engaging in data driven decision making, and launching online assessment programs. [19]

In addition, the provisions of NCLB permitted increased flexibility for state and local agencies in the use of federal education money. [20]

The NCLB increases were companions to another massive increase in federal education funding at that time. The Bush administration and congress passed very large increases in funding for the Individuals with Disabilities Education Act (IDEA) at the same time as the NCLB increases. IDEA Part B, a state formula-funding program that distributes money to local districts for the education of students with disabilities, was increased from $6.3 billion in 2001 to $10.1 billion in 2004.[21] Because a district's and state's performance on NCLB measures depended on improved performance by students with disabilities, particularly students with learning disabilities, this 60 percent increase in funding was also an important part of the overall approach to NCLB implementation.

Public perception of public education

  • Addresses widespread perceptions that public education results fall short of expectations.

Criticisms of the Act

The desirability of NCLB's measures are hotly debated. It is very difficult to assess the effectiveness of the act per se, because it applied to all states making it difficult to infer what would have happened without the act. However, analyses of the state accountability systems that were in place before NCLB indicate that accountability for outcomes led to faster growth in achievement for the states that introduced such systems.[22] The direct analysis of state test scores before and after enactment of NCLB also supports its positive impact.[23] A primary criticism asserts that NCLB could reduce effective instruction and student learning because it may cause states to lower achievement goals and motivate teachers to "teach to the test." A primary supportive claim asserts that systematic testing provides data that shed light on which schools are not teaching basic skills effectively, so that interventions can be made to improve outcomes for all students while reducing the achievement gap for disadvantaged and disabled students.[24]

Critiques of NCLB can be organized into the following categories:

"Gaming" the system

The system of incentives and penalties sets up a strong motivation for schools, districts, and states to manipulate test results. For example, schools have been shown to employ "creative reclassification" of drop-outs (to reduce unfavorable statistics).[25]

Critics argue that these and other strategies create an inflated perception of NCLB's successes, particularly in states with high minority populations.[26]

The incentives for an improvement also may cause states to lower their official standards. Because each state can produce its own standardized tests, a state can make its statewide tests easier to increase scores.[27] Missouri, for example, improved testing scores but openly admitted that they lowered the standards.[28] A 2007 study by the U.S. Dept. of Education indicates that the observed differences in states' reported scores is largely due to differences in the stringency of their standards.[29]

Problems with standardized tests

Critics have argued that the focus on standardized testing (all students in a state take the same test under the same conditions) as the means of assessment encourages teachers to teach a narrow subset of skills that will increase test performance rather than focus on deeper understanding that can readily be transferred to similar problems.[30] For example, if the teacher knows that all of the questions on a math test are simple addition equations (e.g., 2+3=5), then the teacher might not invest any class time on the practical applications of addition (e.g., story problems) so that there will be more time for the material which is assessed on the test. This is colloquially referred to as "teaching to the test."

Moreover, many teachers who practice "teaching to the test" actually misinterpret the educational outcomes the tests are designed to measure. On two state tests (New York State and Michigan) and the National Assessment of Educational Progress (NAEP) almost two-thirds of eighth graders missed math word problems that required an application of the Pythagorean theorem to calculate the distance between two points.[31] Wiggins and McTighe blamed the low success rate on teachers who correctly anticipated the content of the tests, but incorrectly assumed each test would present rote knowledge/skill items rather than well-constructed, higher-order items.

The practice of giving all students the same test, under the same conditions, has been accused of inherent cultural bias because different cultures may value different skills. It also may conflict with the Individuals with Disabilities Education Act (IDEA), which states that schools must accommodate disabled students.[32] For example, it is normally acceptable for visually impaired students to be read test material aloud. However, on a NCLB-mandated test, a group of blind students had their scores invalidated (reported as zeros) because the testing protocol did not specifically allow for test readers to speak.[33]

The practice of determining educational quality by testing students has been called into question.[34]

Incentives against low-performing students

Because the law's response if the school fails to make adequate progress is not only to provide additional help for students, but also to impose punitive measures on the school, the incentives are to set expectations lower rather than higher.[35]

Incentives against gifted, talented, and high-performing students

Some local schools are only funding instruction for core subjects or for remedial special education. NCLB puts pressure on schools to guarantee that nearly all students will meet the minimum skill levels (set by each state) in reading, writing, and arithmetic, but requires nothing beyond these minimums. Programs that are not essential to achieving the mandated minimum skills are neglected or canceled by those districts. In particular, NCLB does not require any programs for gifted, talented, and other high-performing students.[36] While federal law is silent on the requirement for funding gifted programs, the practice can violate the mandates of several states (such as Arizona, California, Virginia, and Pennsylvania) to identify gifted students and provide them with an appropriate education, including grade advancement.

State refusal to produce non-English assessments

All students who are learning English have an automatic three-year window to take assessments in their native language, after which they must normally demonstrate proficiency on an English language assessment. However, the local education authority may grant an exception to any individual English learner for another two years' testing in his or her native language on a case-by-case basis. In practice, however, only 10 states choose to test any English language learners in their native language (almost entirely Spanish speakers). The vast majority of English language learners are given English language assessments.[37]

Narrow curriculum

NCLB's focus on math and English language skills (and eventually science) may elevate scores on two fundamental skills while students lose the benefits of a broad education.[38]

A study conducted by the American Heart Association and the National Association for Sport and Physical Education contends that diminishing physical education in school has contributed to rising levels of childhood obesity.[39]

Surveys of public school principals indicate that since the implementation of NCLB, 71% believe instructional time has increased for reading, writing, and math (subjects tested under the law), and decreased for the arts, elementary social studies, and foreign languages.[40][41][42]

In some places, the implementation of NCLB during a time of budget restraints has been blamed for the elimination of classes and activities which are outside of NCLB's focus area.[43] "It hurts me to give up art, but it hurts me even more to have kids who can't read," said school Principal Kathy Deck in Indianapolis, Indiana.[44] These restraints may have affected humanities and social studies curricula as well. Common Core, a group that encourages a broad inclusive curriculum, recently found that many American high school students lack basic knowledge in history, civics, and literature. The group blamed NCLB for not including these topics in its focus.[45]

Narrow definition of research

Some school districts and researchers object to the limitation created by the "scientifically based research standard." Research based on case studies, ethnographies, clinical interviews, discourse analysis, grounded theory, action research, teaching experiments, design research and other forms of qualitative research are generally excluded from this category. Furthermore, the inability to employ random assignment for important educational predictors such as race and socio-economic status may exclude a large amount of quasi-experimental work that could contribute to educational knowledge.[46]

Limitations on local control

Some conservative or libertarian critics have argued that NCLB sets a new standard for federalizing education and setting a precedent for further erosion of state and local control. Libertarians and some conservatives further argue that the federal government has no constitutional authority in education, which is why participation in NCLB is technically optional: States need not comply with NCLB, as long as they are willing to forgo the federal funding that comes with it. The states that choose not to receive funding will have their taxes used in another state instead.[47]

Facilitates military recruitment

NCLB (In section 9528) requires public secondary schools to provide military recruiters the same access to facilities as a school provides to higher education institution recruiters. Schools are also required to provide contact information for every student to the military if requested. If the school refuses to provide the information that school can lose all of its federal funding until it provides such information. [48] Students or parents can opt out of having their information shared, and educational institutions receiving funding under the act are required to inform parents that they have this option.[49][50] Currently, many school districts have a generic opt out form which, if filled out and turned in, withholds students' information from college and job recruiters as well as the military. Section 9528 of the NCLB also states that military recruiters are permitted to speak to students as well as take them to various military functions, provide transportation to/from a recruiting office and to the school of the student and from school to the registered home address of the student as long as the student is of the age of 17 and the student provides consent.

Variability in student potential and 100% compliance

The Act is promoted as requiring 100% of students (including disadvantaged and special education students) within a school to reach the same state standards in reading and mathematics by 2014. Critics charge that a 100% goal is unattainable. Critics of the NCLB requirement for "one high, challenging standard" claim that some students are simply unable to perform at the level for their age, no matter how good the teacher is.[51] While statewide standards reduce the educational inequality between privileged and underprivileged districts in a state, they still impose a "one size fits all" standard on individual students. Particularly in states with high standards, schools can be punished for not being able to dramatically raise the achievement of students that have below-average capabilities.

In fact, the "all" in NCLB means only 95% of students, because states must report the assessment scores of 95% of students when calculating Adequate Yearly Progress (AYP) scores.[52] Students who have an Individual Education Plan (IEP) and who are assessed must receive the accommodations specified in the IEP during assessment; if these accommodations do not change the nature of the assessment, then these students scores are counted the same as any other student's score. Common acceptable changes include extended test time, testing in a quieter room, translation of math problems into the student's native language, or allowing a student to type answers instead of writing them by hand.

Students who are considered Special Education are not exempt from taking tests to help their school meet AYP. Depending on their specific disability, they will take a modified test that accesses what they have learned during that year. Each state has specific tests that they give to their students and one for example is Virginia. In Virginia students with significant cognitive disabilities take a test called The Virginia Alternate Assessment Program or VAAP. This test is available to students in grades 3-8 and these students must put together a collection of work that demonstrates that they understand material from the SOL's. Another test called VGLA or The Virginia Grade Level Alternative is available for some students with Disabilities and Limited English Proficient students who are in grades 3-8. These students are also required to show grade-level achievement through a collection of work or school work in the content area. The Virginia Substitute Evaluation Program, or VSEP, is for students with disabilities that need alternative testing that still allows them to meet the requirements needed for graduation. These students also complete coursework to provide evidence of their achievement at that school (“Terminology” Virginia Department of Education website [10])


If the accommodations change the nature of the assessment, then it is considered an alternative assessment. In addition to not requiring 5% of students to be assessed at all, regulations allow schools to use alternate assessments to declare up to 1% of all students proficient for the purposes of the Act.[53] States are given broad discretion in selecting alternate assessments. For example, a school may accept an Advanced Placement test for English in lieu of the English test written by the state, and simplified tests for students with significant cognitive disabilities.

Limited English proficiency students fall in the Special Education category and are tested just like any of the other students, but they are given specific tests like the VGLA (in Virginia schools).  This test is given to access what they have learned since starting at their specific school.   The amount of time the student has been in a school, does not exempt them from being assessed along with the other students. (“Terminology” Virginia Department of Education website 

[11]) |title=Testing: Frequently Asked Questions |format= |work= |accessdate=}}</ref> In certain schools with large immigrant populations, this exemption comprises a majority of young students.

Organizations that support NCLB assessement of disabled or LEP students say that inclusion ensures that deficiencies in the education of these disadvantaged students are identified and addressed. Opponents say that testing students with disabilities violates the Individuals with Disabilities Education Act (IDEA) by making students with disabilities learn the same material as non-disabled students .[54]

Funding

Several provisions of NCLB, such as a push for quality teachers and more professional development, place additional demands on local districts and state education agencies. Some critics claim that extra expenses are not fully reimbursed by increased levels of federal NCLB funding. Others note that funding for the law increased massively following passage[55] and that billions in funds previously allocated to particular uses could be reallocated to new uses. Even before the law's passage, Secretary of Education Rod Paige noted ensuring that children are educated remained a state responsibility regardless of federal support:

Washington is willing to help [with the additional costs of federal requirements], as we've helped before, even before we [proposed NCLB]. But this is a part of the teaching responsibility that each state has. ... Washington has offered some assistance now. In the legislation, we have ... some support to pay for the development of tests. But even if that should be looked at as a gift, it is the state responsibility to do this.[56]

Various early Democratic supporters of NCLB criticize its implementation, claiming it is not adequately funded by either the federal government or the states. Ted Kennedy, the legislation's initial sponsor, has stated: "The tragedy is that these long overdue reforms are finally in place, but the funds are not."[57] Susan B. Neuman, U.S. Department of Education's former Assistant Secretary for Elementary and Secondary Education, commented about her worries of NCLB in a meeting of the International Reading Association:

In [the most disadvantaged schools] in America, even the most earnest teacher has often given up because they lack every available resource that could possibly make a difference. . . . When we say all children can achieve and then not give them the additional resources … we are creating a fantasy.[58]

Organizations have particularly criticized the unwillingness of the federal government to "fully fund" the act. Noting that appropriations bills always originate in the House of Representatives, it is true that during the Bush Administration, neither the Senate nor the White House has even requested federal funding up to the authorized levels for several of the act’s main provisions. For example, President Bush requested only $13.3 of a possible $22.75 billion in 2006.[59] Advocacy groups note that President Bush's 2008 budget proposal allotted $61 billion for the Education Department, cutting funding by $1.3 billion from the year before. 44 out of 50 states would receive reductions in federal funding if the budget passes as is.[60] Specifically, funding for the Enhancing Education Through Technology Program (EETT) has continued to drop while the demand for technology in schools has increased (Technology and Learning, 2006). However, these claims focused on reallocated funds, as each of President Bush's proposed budgets increased funding for major NCLB formula programs such as Title I, including his final 2009 budget proposal. [61]

Members of Congress have viewed these authorized levels as spending caps, not spending promises. Some opponents argue that these funding shortfalls mean that schools faced with the system of escalating penalties for failing to meet testing targets are denied the resources necessary to remedy problems detected by testing. However, federal NCLB formula funding increased by billions during this period[62] and state and local funding increased by over $100 billion from school year 2001-02 through 2006-07.[63]

State education budgets

According to the book, NCLB Meets School Realities, the act was put into action during a time of fiscal crisis for most states.[64] While states were being forced to make budget cuts, including in the area of education, they had to incur additional expenses to comply with the requirements of the NCLB Act. The funding they received from the federal government in support of NCLB was not enough to cover the added expense necessary to adhere to the new law.

Proposals for reform

The Joint Organizational Statement on No Child Left Behind[65] is a proposal by more than 135 national civil rights, education, disability advocacy, civic, labor and religious groups that have signed on to a statement calling for major changes to the federal education law. The National Center for Fair & Open Testing (FairTest) initiated and chaired the meetings that produced the statement, originally released in October 2004. The statement's central message is that "the law's emphasis needs to shift from applying sanctions for failing to raise test scores to holding states and localities accountable for making the systemic changes that improve student achievement." The number of organizations signing the statement has nearly quadrupled since it was launched in late 2004 and continues to grow. The goal is to influence Congress, and the broader public, as the law's scheduled reauthorization approaches.

Education critic Alfie Kohn argues that the NCLB law is "unredeemable" and should be scrapped. He is quoted saying "[I]ts main effect has been to sentence poor children to an endless regimen of test-preparation drills".[66]

In February 2007, former Health and Human Services Secretary Tommy Thompson and former Georgia Governor Roy Barnes, Co-Chairs of the Aspen Commission on No Child Left Behind, announced the release of the Commission's final recommendations for the reauthorization of the No Child Left Behind Act.[67] The Commission is an independent, bipartisan effort to improve NCLB and ensure it is a more useful force in closing the achievement gap that separates disadvantaged children and their peers. After a year of hearings, analysis and research, the Commission uncovered the successes of NCLB, as well as provisions which need to be changed or significantly modified.

The Commission's goals are summarized as follows:

  • Effective Teachers for All Students, Effective Principals for All Communities
  • Accelerating Progress and Closing Achievement Gaps Through Improved Accountability
  • Moving Beyond the Status Quo to Effective School Improvement and Student Options
  • Fair and Accurate Assessments of Student Progress
  • High Standards for Every Student in Every State
  • Ensuring High Schools Prepare Students for College and the Workplace
  • Driving Progress Through Reliable, Accurate Data
  • Parental involvement and empowerment

The Forum on Educational Accountability (FEA), a working group of signers of the Joint Organizational Statement on NCLB has offered an alternative proposal.[68] It proposes to shift NCLB from applying sanctions for failing to raise test scores to supporting state and communities and holding them accountable as they make systemic changes that improve student learning.

See also

References

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  2. ^ "In an world, if Nicklebee ideology dictated how things were, everyone across all demographics and in all nations would have easy access to a good education.", in a letter from the President of nicklebee.org
     "The Federal Government's No Child Left Behind Act (NCLB — dubbed 'nicklebee')", Sandra Nichols (April 26, 2003), When NCLB Standards Meet Reality, tellingthetruth.com, http://web.archive.org/web/20070806232831/www.tellingthetruth.com/education_matters/ESSAYS_03/sandra_0403.html, retrieved 2008-11-17 
  3. ^ http://www.ed.gov/nclb/overview/intro/factsheet.html
  4. ^ To close the achievement gap with accountability, flexibility, and choice, so that no child is left behind., Library of Congress http://www.loc.gov/index.html, 2001-03-22, http://thomas.loc.gov/cgi-bin/bdquery/z?d107:HR00001:@@@D&summ2=0&, retrieved 2008-09-16 
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  6. ^ Senate roll call vote
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  13. ^ "NPR and Newshour 2008 Election Map: More about Wisconsin". http://www.pbs.org/newshour/vote2008/state.php?state=WI. 
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