Federal

Anniversary Brings Fresh Scrutiny Of Federal School Law

January 07, 2004 3 min read
  • Save to favorites
  • Print

With the two-year anniversary of the No Child Left Behind Act at hand, the comprehensive federal school improvement law is being analyzed intensely in academic and policy circles.

“Penalizing Diverse Schools?” is available from the Education Policy Research Unit at Arizona State University. (Requires Adobe’s Acrobat Reader.)

Harvard University researchers Paul E. Peterson and Martin R. West, in examining the likely long-term impact of the law, predicted that states would be pressured to water down their accountability measures as more and more schools failed to meet high standards.

“Accountability systems tend to soften over time,” Mr. Peterson, also a senior fellow at the Hoover Institution at Stanford University, said at a Dec. 11 briefing here. “They get legislated like lions and implemented like lambs.”

But the two researchers suggest that even less rigorous accountability systems can produce positive results. Their findings are based on research and analysis of accountability efforts presented in No Child Left Behind? The Politics and Practice of Accountability, a new book they edited for the Washington-based Brookings Institution.

The editors say the law—signed by President Bush on Jan. 8, 2002—would be more effective if it included provisions for holding individual students accountable for their own performance.

Secretary of Education Rod Paige said that while federal officials are trying to provide some flexibility as they work with states on implementing the law, “we are going to hold the line against softer accountability.”

“We will enable success, and then we will require compliance,” he said at the Brookings briefing.

A new California study suggests that the more diverse a school’s enrollment, the more likely that school will fall short of improvement targets required by the federal law.

That’s the basic finding from “Penalizing Diverse Schools?” a study released by Policy Analysis for California Education, a think tank based at Stanford University and the University of California, Berkeley.

Looking at student-testing results for California’s 7,669 K-12 schools, the researchers found that urban and suburban schools serving more than one student subgroup faced higher odds of missing state performance goals under the federal law than schools with more homogeneous enrollments.

To pass muster, schools must test 95 percent of students in each subgroup—including, for example, students with disabilities, poor students, students from various racial and ethnic groups, and students with limited English skills—and show that they are making improvement.

Shining a Light

Meanwhile, Washington Partners LLC, a government-affairs and public-policy firm here, hosted a daylong conference Dec. 15 to examine the act’s core mandate that all schools make “adequate yearly progress” toward academic proficiency for all children by the end of the 2013-14 school year.

“I don’t know what I can’t do yet, so I think this is all doable,” Henry L. Johnson, Mississippi’s state schools superintendent since August 2002, said when discussing the federal requirements. “The goals are worthwhile goals.”

Mr. Johnson said the law has helped shine “a light” on schools that persistently serve a specific group or groups of children poorly.

“I’m a very strong advocate for the No Child Left Behind legislation,” said Eric J. Smith, the superintendent of the 75,000-student Anne Arundel County school system in Maryland, also speaking at the event. He suggested that the biggest challenges may be not for large urban systems, but for suburban districts that now must work toward ensuring that all their students, including minority and poor children, meet high standards.

Eugene W. Hickok, the acting U.S. deputy secretary of education, later in the day at the Dec. 15 event addressed rising complaints that the law is unrealistic. If not all students, he asked, what percentage ought the United States expect to reach the goal of proficiency?

“I don’t see how we could have done it any other way,” he said of the blanket requirement.

“You know what? We might fall short,” Mr. Hickok added. “It is a pretty lofty aspiration, but you know, I guess I’d rather fall short of a lofty aspiration than start out with lower expectations. I hope that doesn’t sound too corny.”

Mr. Hickok reiterated the Department of Education’s stance that now is not the time to change the federal law, though he indicated that the federal agency would consider revising guidance and regulations if needed.

Associate editors Kathleen Kennedy Manzo and Debra Viadero contributed to this story.

Related Tags:

Events

Classroom Technology Live Online Discussion A Seat at the Table: The Rewiring of Childhood With Jonathan Haidt
Jonathan Haidt, Catherine Price, and Adam Swinyard join Peter DeWitt on how to get students off devices and back to the basics of childhood.
Professional Development K-12 Essentials Forum Getting Professional Development to Stick
Join this free virtual event to explore best practices, funding, format, and timing for teacher and principal PD.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
College & Workforce Readiness Webinar
The Road to Opportunity: Making CTE Accessible for All
The most valuable CTE happens off campus. For too many students, transportation is the barrier that keeps opportunity out of reach.
Content provided by HopSkipDrive

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Federal Education Department Moves Special Ed. and Civil Rights to Other Agencies
Special education programs help schools serve more than seven million K-12 students with disabilities nationwide.
9 min read
A banner featuring a photo of President Donald Trump hangs outside the Department of Justice in Washington on Monday, June 15, 2026.
A banner featuring a photo of President Donald Trump hangs outside the Department of Justice in Washington on Monday, June 15, 2026. The U.S. Department of Education is moving its office for civil rights to the Justice Department as part of a fresh wave of outsourcing.
Bill Clark/CQ Roll Call via AP
Federal Trump's Ed. Dept. Backs Away From Addressing Civil Rights for Black Students
Civil rights attorneys describe the administration’s actions as an inversion of legal history.
6 min read
Thomas Chalmers Public School sign is seen outside of school in Chicago, Wednesday, July 13, 2022. America's big cities are seeing their schools shrink, with more and more of their schools serving small numbers of students. Those small schools are expensive to run and often still can't offer everything students need (now more than ever), like nurses and music programs. Chicago and New York City are among the places that have spent COVID relief money to keep schools open, prioritizing stability for students and families. But that has come with tradeoffs. And as federal funds dry up and enrollment falls, it may not be enough to prevent districts from closing schools.
Children are seen outside the Thomas Chalmers Public School in Chicago on July 13, 2022. Under the Trump administration, efforts to address deep-rooted inequities for students of color are being cast as discriminatory against white students. The administration withheld more than $20 million from Chicago schools when the district refused to end its Black Student Success Program.
Nam Y. Huh/AP
Federal Interactive Feds Issue a Slimmed-Down Data Release on U.S. Schools
The Condition of Education highlights school enrollment, finance, and graduation data.
Image of blurry data and a school building.
Laura Baker/Education Week + Canva
Federal Opinion We Need Better Data to Understand What Happens to Students After High School
Here are the two things we need before we can answer how well we’re preparing students.
Jennifer Bell-Ellwanger & Sara Schapiro
4 min read
Future data arrow concept with student looking out to a tangle of possibilities. Choice. grow chart up decisions. Pathways.
Vanessa Solis/Education Week + Getty