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

Reading & Literacy K-12 Essentials Forum Supporting Struggling Readers in Middle and High School
Join this free virtual event to learn more about policy, data, research, and experiences around supporting older students who struggle to read.
School & District Management Webinar Squeeze More Learning Time Out of the School Day
Learn how to increase learning time for your students by identifying and minimizing classroom disruptions.
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
Reading & Literacy Webinar
Improve Reading Comprehension: Three Tools for Working Memory Challenges
Discover three working memory workarounds to help your students improve reading comprehension and empower them on their reading journey.
Content provided by Solution Tree

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 Fired NCES Chief: Ed. Dept. Cuts Mean 'Fewer Eyes on the Condition of Schools'
Experts discuss how federal actions have impacted equity and research in the field of education.
3 min read
Peggy Carr, Commissioner of the National Center for Education, speaks during an interview about the National Assessment of Education Process (NAEP), on Oct. 21, 2022, in Washington.
Peggy Carr, the former commissioner of the National Center for Education Statistics, speaks during an interview about the National Assessment of Education Process, on Oct. 21, 2022, in Washington. Carr shared her thoughts about the Trump administration's massive staff cuts to the Education Department in a recent webinar.
Alex Brandon/AP
Federal What Should Research at the Ed. Dept. Look Like? The Field Weighs In
The agency requested input on the Institute of Education Sciences' future. More than 400 comments came in.
7 min read
 Vector illustration of two diverse professionals wearing orange workman vests and hard hats as they carry and connect a very heavy, oversized text bubble bringing the two pieces shaped like puzzles pieces together as one. One figure is a dark skinned male and the other is a lighter skinned female with long hair.
DigitalVision Vectors
Federal Education Department Layoffs Would Affect Dozens of Programs. See Which Ones
Entire teams that work on key funding streams may not return to work even when the shutdown ends.
3 min read
Education Secretary Linda McMahon appears before the House Appropriation Panel about the 2026 budget in Washington, D.C., on May 21, 2025.
Education Secretary Linda McMahon appears before U.S. House of Representatives members to discuss the 2026 budget in Washington on May 21, 2025. The U.S. Department of Education laid off 465 employees during the federal government shutdown. The layoff, if it goes through, will virtually wipe out offices in the agency that oversee key grant programs.
Jason Andrew for Education Week
Federal Ed. Dept. Tells More Than 250 Civil Rights Staff They've Been Laid Off
The layoffs come just days after the agency began a new round of staff reductions during the shutdown.
4 min read
The exterior of the U.S. Department of Education building is pictured on Oct. 11, 2025, in Washington.
The exterior of the U.S. Department of Education building is pictured on Oct. 11, 2025, in Washington. The agency on Tuesday told more than 250 office for civil rights employees they've been laid off, just days after starting another round of layoffs during the federal government shutdown.
Aaron M. Sprecher via AP