No Child Left Behind Act

Supporters of the NCLB claim one of the strong positive points of the bill is the increased accountability that is required of schools and teachers. According to the legislation, schools must pass yearly tests that judge student improvement over the fiscal year. These yearly standardized tests are the main means of determining whether schools live up to required standards. If required improvements are not made, the schools face decreased funding and other punishments that contribute to the increased accountability. According to supporters, these goals help teachers and schools realize the significance and importance of the educational system and how it affects the nation. Opponents of this law say that the punishments only hurt the schools and do not contribute to the improvement of student education.

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 inform parents when their child is 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

The commonwealth of Pennsylvania has proposed tying teacher's salaries to test scores. If a district's students do poorly, the state cuts the district's budget the following year and the teachers get a pay cut. Critics point out that if a school does poorly, reducing its budget and cutting teacher salaries will likely hamper the school's ability to improve.

• 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.

The act requires schools to rely on scientifically based research for programs and teaching methods. The act defines this as "research that involves the application of rigorous, systematic, and objective procedures to obtain reliable and valid knowledge relevant to education activities and programs." Scientifically based research results in "replicable and applicable findings" from research that used appropriate methods to generate persuasive, empirical conclusions.[13]

Prior to the NCLB act, new teachers were typically required to have a bachelor's degree, be fully certified, and demonstrate subject matter knowledge—generally through tests. It is widely accepted that teacher knowledge has two components: specific subject matter knowledge (CK) such as an understanding of mathematics for a mathematics teacher, and pedagogical knowledge (PCK), which is knowledge of the subject of teaching/learning itself. Both types of knowledge, as well as experience in guided student teaching, help form the qualities needed by effective teachers.

Under NCLB, existing teachers—including those with tenure—were also supposed to meet standards. They could meet the same requirements set for new teachers or could meet a state-determined "...high, objective, uniform state standard of evaluation," aka HOUSSE. Downfall of the quality requirements of the NCLB legislation have received little research attention, in part because state rules require few changes from pre-existing practice. There is also little evidence that the rules have altered trends in observable teacher traits.[14] For years, American educators have been struggling to identify those teacher traits that are important contributors to student achievement. Unfortunately, there is no consensus on what traits are most important and most education policy experts agree that further research is required.

Critics argue that the focus on standardized testing (all students in a state take the same test under the same conditions) encourages teachers to teach a narrow subset of skills that the school believes increases test performance, rather than achieve in-depth understanding of the overall curriculum.[21] For example, a teacher who knows that all questions on a math test are simple addition problems (e.g., What is 2 + 3?) might not invest any class time on the practical applications of addition, to leave more time for the material the test assesses. This is colloquially referred to as "teaching to the test." "Teaching to the test" has been observed to raise test scores, though not as much as other teaching techniques.[22]

Many teachers who practice "teaching to the test" misinterpret the educational outcomes the tests are designed to measure. On two state tests, New York 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.[23] The teachers correctly anticipated the content of the tests, but incorrectly assumed each test would present simplistic items rather than higher-order items.

Another problem is that outside influences often affect student performance. Students who struggle to take tests may perform well using another method of learning such as project-based learning. Sometimes, factors such as home life can affect test performance. Basing performance on one test inaccurately measures student success overall. No Child Left behind has failed to account for all these factors.[24]

Those opposed to the use of testing to determine educational achievement prefer alternatives such as subjective teacher opinions, classwork, and performance-based assessments.[25]

Under No Child Left Behind, schools were held almost exclusively accountable for absolute levels of student performance. But that meant that even schools that were making great strides with students were still labeled as "failing" just because the students had not yet made it all the way to a "proficient" level of achievement. Since 2005, the U.S. Department of Education has approved 15 states to implement growth model pilots. Each state adopted one of four distinct growth models: Trajectory, Transition Tables, Student Growth Percentiles, and Projection.[26]

The incentives for 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]

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.[30] Some local governments, notably that of New York state, have supported NCLB provisions, because local standards failed to provide adequate oversight over special education, and NCLB would let them use longitudinal data more effectively to monitor Adequate Yearly Progress (AYP).[31] States all over the United States have shown improvements in their progress as an apparent result of NCLB. For example, Wisconsin ranks first of all fifty states plus the District of Columbia, with ninety-eight percent of its schools achieving No Child Left Behind standards.[32]

• 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.
• Emphasizes reading, language arts, mathematics and science achievement as "core academic subjects."[33]

Student performance in other subjects (besides reading and math) will be measured as a part of overall progress.

NCLB's main focus is on skills in reading, writing, and mathematics, which are areas related to economic success. Combined with the budget crises in the late-2000s recession, some schools have cut or eliminated classes and resources for many subject areas that are not part of NCLB's accountability standards.[34] Since 2007, almost 71% of schools have reduced instruction time in subjects such as history, arts, language, and music to provide more time and resources to mathematics and English.[35][36]

In some schools, the classes remain available, but individual students who are not proficient in basic skills are sent to remedial reading or mathematics classes rather than arts, sports, or other optional subjects.

According to Paul Reville, the author of "Stop Narrowing of the Curriculum By Right-Sizing School Time," teachers are learning that students need more time to excel in the "needed" subjects. The students need more time to achieve the basic goals that should come by somewhat relevant to a student.[37]

Physical Education, on the other hand, is one of the subjects least affected.[38] Some might find this confusing because like many electives and non-core classes, No Child Left Behind does not address Physical Education directly.[39] Two reasons why Physical Education is not adversely affected include the obesity crisis in the United States that the federal government is trying to reverse through programs like First Lady Michelle Obama's Let's Move Campaign, which among other things, looks to improve the quantity and quality of physical education.[40] Secondly, there is research, including a 2005 study by Dr. Charles H. Hillmam of The University of Illinois at Urbana-Champaign that concludes that fitness is globally related to academic achievement.[41]

The opportunities, challenges, and risks that No Child Left Behind poses for science education in elementary and middle schools—worldwide competition insists on rapidly improving science education. Adding science assessments to the NCLB requirements may ultimately result in science being taught in more elementary schools and by more teachers than ever before. 2/3 of elementary school teachers indicated that they were not familiar with national science standards. Most concern circulates around the result that, consuming too much time for language arts and mathematics may limit children's experience—and curiosity and interest—in sciences.[42]

Both U.S. conservative and liberal critics have argued that NCLB's new standards in federalizing education set a negative precedent for further erosion of state and local control. Libertarians further argue that the federal government has no constitutional authority in education, which is why participation in NCLB is technically optional. They believe that states need not comply with NCLB so long as they forgo the federal funding that comes with it.[43]

NCLB pressures schools to guarantee that nearly all students meet the minimum skill levels (set by each state) in reading, writing, and arithmetic—but requires nothing beyond these minima. It provides no incentives to improve student achievement beyond the bare minimum.[44] Programs not essential for achieving mandated minimum skills are neglected or canceled by those districts.[45]

In particular, NCLB does not require any programs for gifted, talented, and other high-performing students.[46] Federal funding of gifted education decreased by a third over the law's first five years.[46] There was only one program that helped improve the gifted: they received $9.6 million. In the 2007 budget, President George W. Bush zeroed this out.[47] While NCLB is silent on the education of academically gifted students, some states (such as Arizona, California, Virginia, and Pennsylvania) require schools to identify gifted students and provide them with an appropriate education, including grade advancement. According to research, an IQ of 120 is needed.[47] In other states, such as Michigan, state funding for gifted and talented programs was cut by up to 90% in the year after the Act became law.[46]

"There's a fallacy in the law and everybody knows it," said Alabama State Superintendent Joe Morton on Wednesday, August 11, 2010. According to the No Child Left Behind Act, by 2014, every child is supposed to test on grade level in reading and math. "That can't happen," said Morton. "You have too many variables and you have too many scenarios, and everybody knows that would never happen." Alabama State Board Member Mary Jane Caylor said, "I don't think that No Child Left Behind has benefited this state." She argued the goal of 100 percent proficiency is unattainable.[48] Charles Murray wrote of the law: "The United States Congress, acting with large bipartisan majorities, at the urging of the President, enacted as the law of the land that all children are to be above average."[49][50]

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 high school dropouts (to reduce unfavorable statistics).[51] For example, at Sharpstown High School in Houston, Texas, more than 1,000 students began high school as freshmen, and four years later, fewer than 300 students were enrolled in the senior class. However, none of these "missing" students from Sharpstown High were reported as dropouts.[52]

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; detractors charge that a 100% goal is unattainable, and critics of the NCLB requirement for "one high, challenging standard" claim that some students are simply unable to perform at the given level for their age, no matter how effective the teacher is.[53] 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 may have below-average capabilities.

The term "all" in NCLB ended up meaning less than 100% of students, because by the time the 100% requirement was to take effect in 2015, no state had reached the goal of having 100% of student pass the proficiency bar.[54] 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.

Simply being classified as having special education needs does not automatically exempt students from assessment. Most students with mild disabilities or physical disabilities take the same test as non-disabled students.

In addition to not requiring 5% of students to be assessed at all, regulations let schools use alternate assessments to declare up to 1% of all students proficient for the purposes of the Act.[55] 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. The Virginia Alternate Assessment Program (VAAP) and Virginia Grade Level Alternative (VGLA) options, for example, are portfolio assessments.[56]

Organizations that support NCLB assessment of disabled or limited English proficient (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.[57]

NCLB includes incentives to reward schools showing progress for students with disabilities and other measures to fix or provide students with alternative options than schools not meeting the needs of the disabled population.[58] The law is written so that the scores of students with IEPs (Individualized Education Plans) and 504 plans are counted just as other students' scores are counted. Schools have argued against having disabled populations involved in their AYP measurements because they claim that there are too many variables involved.

Stemming from the Education for All Handicapped Children Act (EAHCA) of 1975, the Individuals with Disabilities Education Act (IDEA) was enacted in its first form in 1991, and then reenacted with new education aspects in 2006 (although still referred to as IDEA 2004). It kept the EAHCA requirements of free and accessible education for all children. The 2004 IDEA authorized formula grants to states and discretionary grants for research, technology, and training. It also required schools to use research-based interventions to assist students with disabilities.

The amount of funding each school would receive from its "Local Education Agency" for each year would be divided by the number of children with disabilities and multiplied by the number of students with disabilities participating in the schoolwide programs.[59][60]

Particularly since 2004, policymakers have sought to align IDEA with NCLB.[61] The most obvious points of alignment include the shared requirements for Highly Qualified Teachers, for establishment of goals for students with special needs, and for assessment levels for these students. In 2004, George Bush signed provisions that would define for both of these acts what was considered a "highly qualified teacher."[62]

The National Council on Disability (NCD) looks at how NCLB and IDEA are improving outcomes for students with Down syndrome. The effects they investigate include reducing the number of students who drop out, increasing graduation rates, and effective strategies to transition students to post-secondary education. Their studies have reported that NCLB and IDEA have changed the attitudes and expectations for students with disabilities. They are pleased that students are finally included in state assessment and accountability systems. NCLB made assessments be taken "seriously," they found, as now assessments and accommodations are under review by administrators.[63]

Another organization that found positive correlations between NCLB and IDEA was the National Center on Educational Outcomes. It published a brochure for parents of students with disabilities about how the two (NCLB & IDEA) work well together because they "provide both individualized instruction and school accountability for students and disabilities." They specifically highlight the new focus on "shared responsibility of general and special education teachers," forcing schools to have disabled students more on their radar." They do acknowledge, however, that for each student to "participate in the general curriculum [of high standards for all students] and make progress toward proficiency," additional time and effort for coordination are needed.[64] The National Center on Educational Outcomes reported that now disabled students will receive "...the academic attention and resources they deserved."[65]

Particular research has been done on how the laws impact students who are deaf or hard of hearing. First, the legislation makes schools responsible for how students with disabilities score—emphasizing "...student outcomes instead of placement."[66] It also puts the public's eye on how outside programs can be utilized to improve outcomes for this underserved population, and has thus prompted more research on the effectiveness of certain in- and out-of-school interventions. For example, NCLB requirements have made researchers begin to study the effects of read aloud or interpreters on both reading and mathematics assessments, and on having students sign responses that are then recorded by a scribe.

Still, research thus far on the positive effects of NCLB/IDEA is limited. It has been aimed at young students in an attempt to find strategies to help them learn to read. Evaluations also have included a limited number of students, which make it very difficult to draw conclusions to a broader group. Evaluations also focus only on one type of disabilities.

The National Council for Disabilities had reservations about how the regulations of NCLB fit with those of IDEA. One concern is how schools can effectively intervene and develop strategies when NCLB calls for group accountability rather than individual student attention.[67] The Individual nature of IDEA is "inconsistent with the group nature of NCLB."[68] They worry that NCLB focuses too much on standardized testing and not enough on the work-based experience necessary for obtaining jobs in the future. Also, NCLB is measured essentially by a single test score, but IDEA calls for various measures of student success.

IDEA's focus on various measures stems from its foundation in Individualized Education Plans for students with disabilities (IEP). An IEP is designed to give students with disabilities individual goals that are often not on their grade level. An IEP is intended for "developing goals and objectives that correspond to the needs of the student, and ultimately choosing a placement in the least restrictive environment possible for the student."[69] Under the IEP, students could be able to legally have lowered success criteria for academic success.

A 2006 report by the Center for Evaluation and Education Policy (CEEP) and the Indiana Institute on Disability and Community indicated that most states were not making AYP because of special education subgroups even though progress had been made toward that end. This was in effect pushing schools to cancel the inclusion model and keep special education students separate. "IDEA calls for individualized curriculum and assessments that determine success based on growth and improvement each year. NCLB, in contrast, measures all students by the same markers, which are based not on individual improvement but by proficiency in math and reading," the study states.[70] When interviewed with the Indiana University Newsroom, author of the CEEP report Sandi Cole said, "The system needs to make sense. Don't we want to know how much a child is progressing towards the standards? ... We need a system that values learning and growth over time, in addition to helping students reach high standards."[71] Cole found in her survey that NCLB encourages teachers to teach to the test, limiting curriculum choices/options, and to use the special education students as a "scapegoat" for their school not making AYP. In addition, Indiana administrators who responded to the survey indicated that NCLB testing has led to higher numbers of students with disabilities dropping out of school.

Legal journals have also commented on the incompatibility of IDEA and NCLB; some say the acts may never be reconciled with one another.[72] They point out that an IEP is designed specifically for individual student achievement, which gives the rights to parents to ensure that the schools are following the necessary protocols of Free Appropriate Public Education (FAPE). They worry that not enough emphasis is being placed on the child's IEP with this setup. In Board of Education for Ottawa Township High School District 140 v. Spelling, two Illinois school districts and parents of disabled students challenged the legality of NCLB's testing requirements in light of IDEA's mandate to provide students with individualized education.[72]^:5 Although students there were aligned with "proficiency" to state standards, students did not meet requirements of their IEP. Their parents feared that students were not given right to FAPE. The case questioned which better indicated progress: standardized test measures, or IEP measures? It concluded that since some students may never test on grade level, all students with disabilities should be given more options and accommodations with standardized testing than they currently receive.

• Seeks to narrow the class and racial achievement gap in the United States by creating common expectations for all. NCLB has shown mixed success in eliminating the racial achievement gap. Although test scores are improving, they are not improving equally for all races, which means that minority students are still behind.
• 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".[73] Each state is responsible for defining major racial and ethnic subgroups itself.[73] Many previous state-created systems of accountability measured only average school performance—so schools could be highly rated even if they had large achievement gaps between affluent and disadvantaged students.

All students who are learning English would 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.[74]

Many schools test or assess students with limited English proficiency even when the students are exempt from NCLB-mandated reporting, because the tests may provide useful information to the teacher and school. In certain schools with large immigrant populations, this exemption comprises a majority of young students.

NCLB testing under-reports learning at non-English-language immersion schools, particularly those that immerse students in Native American languages. NCLB requires some Native American students to take standardized tests in English.[75] In other cases, the students could be legally tested in their native language, except that the state has not paid to have the test translated.

One study found that schools in California and Illinois that have not met AYP serve 75–85% minority students while schools meeting AYP have less than 40% minority students.[76] Schools that do not meet AYP are required to offer their students' parents the opportunity to transfer their students to a non-failing school within the district, but it is not required that the other school accepts the student.[77] NCLB controls the portion of federal Title I funding based upon each school meeting annual set standards. Any participating school that does not make Adequate Yearly Progress (AYP) for two years must offer parents the choice to send their child to a non-failing school in the district, and after three years, must provide supplemental services, such as free tutoring or after-school assistance. After five years of not meeting AYP, the school must make dramatic changes to how the school is run, which could entail state-takeover.[78]

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[86] 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.

— [87]

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, once stated: "The tragedy is that these long overdue reforms are finally in place, but the funds are not."[88] 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.

— [89]

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 billion of a possible $22.75 billion in 2006.[90] 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 have received reductions in federal funding if the budget passed as it was.[91] 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.[79]

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[86] and state and local funding increased by over $100 billion from school year 2001–02 through 2006–07.[92]

In fiscal year 2007, $75 billion in costs were shifted from NCLB, adding further stresses on state budgets.[93] This decrease resulted in schools cutting programs that served to educate children, which subsequently impacted the ability to meet the goals of NCLB. The decrease in funding came at a time when there was an increase in expectations for school performance. To make ends meet, many schools re-allocated funds that had been intended for other purposes (e.g., arts, sports, etc.) to achieve the national educational goals set by NCLB. Congress acknowledged these funding decreases and retroactively provided the funds to cover shortfalls, but without the guarantee of permanent aid.[94]

The number one area where funding was cut from the national budget was in Title I funding for disadvantaged students and schools.[95]

According to the book NCLB Meets School Realities, the act was put into action during a time of fiscal crisis for most states.[96] 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.