Opinion
Federal Opinion

Rethinking a Bad Law

By Nel Noddings — February 23, 2005 3 min read
  • Save to favorites
  • Print

My thesis is simple: The No Child Left Behind Act is a bad law, and a bad law is not made better by fully funding it. Let’s see if I can make a convincing argument to support that thesis.

1. School people all over the country are involved in (or have authorized) studies to figure out what this federal law will cost. In some cases, the cost is thought to be so high that it would be better to reject federal funds than to accept them. This point, however, will not clinch my argument, because all laws require funds for implementation, interpretation, and revision. The question remains whether the likely results are worth the cost.

2. The law employs a view of motivation that many of us in education find objectionable. As educators, we would not use threats, punishments, and pernicious comparisons to “motivate” our students. But that is how the No Child Left Behind law treats the school establishment. This powerful objection is still not enough to carry my argument, because there are people—perhaps even a substantial number of educators—who accept the carrot-and-stick theory of motivation. How else, they ask, can you get the kids to master long division and the dates of all our wars? But I hereby register a complaint in the name of those educators who have successfully used more humane methods.

As educators, we would not use threats, punishments, and pernicious comparisons to ‘motivate’ our students. But that is how this law treats the school establishment.

3. The high-stakes testing associated with the law seems to be demoralizing teachers, students, and administrators. We need more documentation on this but, in talking with people all over the country, I hear stories of sick and frightened children, dispirited teachers, and administrators disgusted with the strategies they must use to meet (or evade) AYP, the adequate-yearly-progress requirement. A good law does not demoralize good people.

4. The curriculum seems to be suffering. We need more evidence to state this as fact, but reports from many sources are suggestive. If the No Child Left Behind legislation was designed to provide better schooling, especially for poor and minority students, this result is deeply troubling. For it is the curriculum of these children that seems to have been gutted. Wealthier kids, in schools that don’t have to worry so much about test scores, may still enjoy arts, music, drama, projects, and critical conversation. But poor kids are spending far too much time bent over worksheets and test-prep materials. If this is happening on a wide scale, and if the “No Child” law is directly responsible, my argument is already solid. But there is more.

5. Our poor and minority students are hurt again by the high-stakes testing under No Child Left Behind. Disproportionately, they are the kids who are retained in grade, forced into summer school (for more test prep), beaten down by repeated failure, and deprived of a high school diploma. If we really wanted to help poor, inner-city kids, we would not try to do so by imposing a bad law on everyone. We would identify the problem and muster massive resources to solve it: provide money to renovate crumbling buildings, add clinics (especially dental and vision) to school campuses, provide day care for infants and small children, recruit the finest teachers with significantly higher pay, and even provide boarding facilities for homeless children and those caught in family emergencies. We would establish on-site research-and-development teams (in cooperation with universities) to experiment with, develop, implement, monitor, and evaluate promising practices. Understanding that schools and kids are not all alike, these would be long-term R&D projects serving particular schools—not research projects looking for “what works” universally. We could do these things if we had the will, and if we would stop wasting enormous sums on testing, compliance measures, and the host of activities associated with testing.

6. The law seems to be a corrupting influence. Again, we need more documentation. But reports suggest that cheating has increased at every level, and administrators are busily seeking loopholes, using triage techniques, moving kids around and reclassifying them, playing with data—all to meet the letter of a law whose actual requirements cannot reasonably be met. When a law makes matters worse instead of better, it is time to rethink it. We had to get rid of Prohibition, and we should probably get rid of many of our drug laws, which are obviously a corrupting influence, not a corrective one. If the No Child Left Behind Act is corrupting, we should get rid of it, too.

We should not waste more valuable resources—human and monetary—tinkering with this law. It is a bad law and should be repealed.

Related Tags:

A version of this article appeared in the February 23, 2005 edition of Education Week as Rethinking a Bad Law

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
Reading & Literacy Webinar
Unlocking Success for Struggling Adolescent Readers
The Science of Reading transformed K-3 literacy. Now it's time to extend that focus to students in grades 6 through 12.
Content provided by STARI
Jobs Regional K-12 Virtual Career Fair: DMV
Find teaching jobs and K-12 education jubs at the EdWeek Top School Jobs virtual career fair.
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
Professional Development Webinar
Mentorship That Matters: Strengthening Educator Growth & Retention
Learn how to design mentorship programs that go beyond onboarding to create meaningful professional growth opportunities.
Content provided by Frontline Education

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 A Federal School Cellphone Policy? Big Barriers Stand in the Way
Other countries have nationwide restrictions, but in the U.S., states and districts have set the agenda.
6 min read
Students use their cellphones as they leave for the day the Ramon C. Cortines School of Visual and Performing Arts High School in downtown Los Angeles on Aug. 13, 2024.
Students use their cellphones as they leave for the day the Ramon C. Cortines School of Visual and Performing Arts High School in downtown Los Angeles on Aug. 13, 2024.
Damian Dovarganes/AP
Federal Trump's Labor Secretary Leaves Cabinet After Abuse of Power Allegations
The department she led has been taking on day-to-day management of dozens of federal K-12 programs.
6 min read
Labor Secretary Lori Chavez-DeRemer speaks with a reporter at the White House, Friday, Sept. 5, 2025, in Washington.
Labor Secretary Lori Chavez-DeRemer speaks with a reporter at the White House, Friday, Sept. 5, 2025, in Washington. Chavez-DeRemer, whose department is in the process of taking over day-to-day management of dozens of federal education programs, resigned from her post on April 20, 2026, amid allegations that she abused her position's power.
Evan Vucci/AP
Federal Ed. Dept. Moves to Shutter Its Office for English Learners
Officials plan to move all federal English-learner programs and duties out of a standalone office.
6 min read
A photograph of a letter from the United States Department of Education dated February 13, 2026 stating that "This letter officially provides such notice of her proposal, including rationale, to redelegate OELA's programs and duties to other offices, thereby dissolving the need for a standalone OELA."
Gina Tomko/Education Week via Canva
Federal Trump Admin. Terminates Several Agreements to Protect Transgender Students
The Education Department terminated civil rights agreements under Title IX with five school districts and a college.
1 min read
AB Hernandez, a transgender student at Jurupa Valley High School, packs up her belongings under a canopy as athletes compete in the boys 4x800 meter relay at the California high school track-and-field championships in Clovis, Calif., Saturday, May 31, 2025.
AB Hernandez, a transgender student at Jurupa Valley High School, packs up her belongings under a canopy as athletes compete at the California high school track-and-field championships in Clovis, Calif., on May 31, 2025. The Trump administration said Monday it has terminated agreements previous administrations reached with five school districts and a college aimed to uphold rights and protections for transgender students.
Jae C. Hong/AP