Opinion
Federal Opinion

Ending Accountability Loopholes

By George Miller — September 13, 2007 3 min read
  • Save to favorites
  • Print

As the debate over the reauthorization of the No Child Left Behind Act intensifies, one of the key questions we face is what we can do to improve the law’s accountability provisions. The Bush administration—which views the law as “99.9 percent pure”—favors minimal changes in reauthorization. That’s unfortunate, because—among other problems with the status quo—maintaining it would mean continuing to exclude millions of children from the law’s accountability system.

In its implementation of NCLB, the Bush administration has allowed for enormous loopholes that undermine the goals of the law.

See Also

Read related commentary by U.S. Rep. Howard P. “Buck” McKeon, R-Calif.,

NCLB Plan Risks ‘Slippery Slope’

For starters, the administration has permitted states to use large “N-sizes”—up to 200—for reporting on adequate yearly progress, or AYP, by subgroup.

Rep. George Miller

A school’s N-size is the number of children that must belong to a subgroup in order for that subgroup to be included in AYP calculations. If a school has an N-size of 200, and the school has 199 Hispanic students, then none of those Hispanic students would be included in the school’s disaggregated AYP calculations.

The damage from this loophole is enormous. Last year, in an exhaustive investigation, the Associated Press found that nearly 2 million students nationwide are simply left out of disaggregated AYP calculations, including an estimated 15 percent of minority students nationwide. This is an outrage. It runs completely counter to the integrity of the law. In April 2006, I joined a number of my Democratic colleagues in the House in urging U.S. Secretary of Education Margaret Spellings to address the N-size loophole. The secretary took no action.

Yet the N-size loophole may not be the biggest one. The Bush administration has also permitted states to use unreasonable “confidence intervals”—essentially, wide statistical ranges—when determining how many students have reached proficiency in reading or math. Think of confidence intervals like a margin of error in an opinion poll. The larger the confidence interval, the more wiggle room states have to meet their proficiency targets.

When the Bush administration tries to cast the current reauthorization debate in terms of more vs. less accountability, don’t buy the spin.

The independent, nonpartisan Congressional Research Service examined confidence intervals and came up with some disturbing conclusions. Looking at one state, the CRS found that the number of schools that did not meet their AYP targets increased by nearly 8 percent because the state used a confidence interval of 99 instead of 95.

Despite this evidence, the Bush administration allows nearly half the states to use a confidence interval of 99, effectively the highest possible.

In August, I joined with three of my colleagues on the House Education and Labor Committee—Reps. Howard P. “Buck” McKeon, R-Calif., Dale E. Kildee, D-Mich., and Michael N. Castle, R-Del.—to release a discussion draft of Title I of our reauthorization bill. In the draft, we sought to close these loopholes. For starters, we capped N-sizes at 30. In Texas, an additional 31,000 African-American students would be included in disaggregated AYP calculations if the state had an N-size of 30. In California, an additional 153,000 English-language learners would be included if the state had an N-size of 30.

Reps. George Miller, D-Calif., second from right, Howard P. "Buck" McKeon, R-Calif., right, and Ronald E. Jackson Executive Director, Citizens for Better Schools, Birmingham, Ala. , left, wait to address a business group on Sept. 5 about renewing the No Child Left Behind Act. Also speaking at the event was U.S. Secretary of Education Margaret Spellings.

Our discussion draft also caps confidence intervals at 95. In addition, we sought to address other loopholes that cut students with disabilities and high school dropouts out of NCLB’s system of accountability.

There is no justification for the administration’s loopholes. They arbitrarily and needlessly weaken the heart of the No Child Left Behind law—accountability—and make it harder for us to reach the law’s goals of educating every child.

What we need is a smarter system of accountability. For example, our discussion draft would allow states to assess school performance on more than just reading and math tests. All over the country, teachers, parents, and other stakeholders believe we should be measuring schools more fairly and comprehensively. I agree with them. If we keep a strong focus on student progress in reading and math, but also allow additional indicators to play a role, we can have a richer, better understanding of what’s really happening inside our schools.

When the Bush administration tries to cast the current reauthorization debate in terms of more vs. less accountability, don’t buy the spin. What we should aim for is a smart system of accountability—one that doesn’t needlessly exclude millions of children across the country.

Events

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
Artificial Intelligence Webinar
Teaching Students to Use Artificial Intelligence Ethically
Ready to embrace AI in your classroom? Join our master class to learn how to use AI as a tool for learning, not a replacement.
Content provided by Solution Tree
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
Teaching Webinar
Empowering Students Using Computational Thinking Skills
Empower your students with computational thinking. Learn how to integrate these skills into your teaching and boost student engagement.
Content provided by Project Lead The Way
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
IT Infrastructure & Management Webinar
The Reality of Change: How Embracing and Planning for Change Can Shape Your Edtech Strategy
Promethean edtech experts delve into the reality of tech change and explore how embracing and planning for it can be your most powerful strategy for maximizing ROI.
Content provided by Promethean

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 5 Trump Education Priorities for a Second Term
With key players appointed to their cabinet positions, the scaffolding for President-elect Donald Trump's second term is taking shape.
7 min read
President-elect Donald Trump takes the stage before speaking at the FOX Nation Patriot Awards on Dec. 5, 2024, in Greenvale, N.Y.
President-elect Donald Trump takes the stage before speaking at the FOX Nation Patriot Awards on Dec. 5, 2024, in Greenvale, N.Y. With the frameworks now in place, Trump has laid priorities for education.
Heather Khalifa/AP
Federal Here's How Much Linda McMahon's Foundation Has Donated to Education Causes
The president-elect's pick for education secretary has long given to education causes through her family foundation.
5 min read
Linda McMahon, former Administrator of Small Business Administration, speaks during the Republican National Convention on July 18, 2024, in Milwaukee.
Linda McMahon, former Administrator of Small Business Administration, speaks during the Republican National Convention on July 18, 2024, in Milwaukee. McMahon, Trump's choice to lead the U.S. Department of Education in his second term, has a long history of giving to education causes through her family foundation.
J. Scott Applewhite/AP
Federal Republicans Preview Their Education Priorities in a Second Trump Term
In a hearing, Republicans called for more civics education and expressed concerns over "critical race theory" in schools.
5 min read
Rep. Aaron Bean, R-Fla., Chair of the House Subcommittee on Early Childhood, Elementary, and Secondary Education, speaks during a hearing on antisemitism in K-12 public schools, Wednesday, May 8, 2024, on Capitol Hill in Washington.
Rep. Aaron Bean, R-Fla., chair of the House Subcommittee on Early Childhood, Elementary, and Secondary Education, speaks during a hearing on antisemitism in K-12 public schools on May 8, 2024, in Washington. At a hearing on Dec. 4, 2024, the subcommittee discussed civics and government curriculum.
Jacquelyn Martin/AP
Federal Opinion The Trump Administration Should 'Devolve the Ed Dept.'s Responsibilities to the States'
After six years helming the House ed. committee, U.S. Rep. Virginia Foxx cuts loose on high points and frustrations of her tenure.
8 min read
The United States Capitol building as a bookcase filled with red, white, and blue policy books in a Washington DC landscape.
Luca D'Urbino for Education Week