Criticism of NCLB Mounts as Numerous Schools Are Identified as "in need of improvement"

Across the country, principals and teachers are getting ready for the beginning of the new school year - and, under the federal No Child Left Behind Act (NCLB), many are learning that their schools are now designated in "need of improvement" or "subject to corrective action" because their students' test scores have not met certain targets.

NCLB decrees that schools should ensure that their students' test scores rise steadily and that 100% of students should achieve "proficient" scores on state standardized tests by 2014. Before the beginning of every school year, states must publish lists of schools that have failed to make "adequate yearly progress" towards this goal. Students that attend schools that have missed the mark may have an option to transfer to another school or to use federal funding for tutoring and other supplemental education services. (For more on NCLB testing and accountability, see the ACCESS policy brief on NCLB.)

Although the law was signed early in 2002 and states issued lists last year, this year many more schools are being judged - and in many states, many more schools are being found to come up short. For example, in Delaware, half of the state's high schools are on the list. Officials in Oregon expect 400 of the state's 1,260 schools to be on the list. And officials in California report that as many as 70% of the state's schools could be on the list. The Education Commission of the States has compiled a list of states' NCLB pages, which offers links to many states' lists.

Flaws in the NCLB Legislation

As the numbers mount, education administrators and advocates have become increasingly vocal about flaws in the NCLB legislation. One common complaint is that the law allows states to set their own standards, meaning states with high standards often are identified as having more "failing" schools than states with lower standards and inter-state comparisons say nothing about the relative quality of education being provided. Others contend reasonably that 100% proficiency is an unrealistic, self-defeating goal - some students are sure to fail any test.

Additionally, in many of the schools on the list, overall student performance is good but one or more subgroups of their students - e.g., low-income students, students with disabilities, or minority students - fail to meet the target scores. Holding schools accountable for the scores of subgroups of students can shine a light on achievement gaps that persist throughout our educational system. However, because small subgroups of students are not counted, this provision tends to hit schools with diverse student bodies particularly hard. No doubt aware of these and other criticisms, U.S. Representative Dennis Moore, a Kansas Democrat, was recently quoted as acknowledging that the law has "some real conceptual flaws that I didn't recognize when I voted for it." Certainly, he is not the only member of Congress to reconsider its wisdom.

Adequate Resources for True Opportunity

Nonetheless, despite valid concerns about aspects of the legislation, many state and local school officials remain steadfast in their support for the law and its stated objective - to leave no child behind. This will be impossible without adequate funding. NCLB holds schools accountable for raising test scores. But, it will only succeed if elected officials at all levels are held accountable for making sure that schools have the resources they need to give their students true educational opportunity.

Prepared August 28, 2003