May 2003 — Special Feature
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NCLB: A New Role for the Federal Government
Under NCLB requirements, all students must be tested from grades 3-8 in reading and math (and later science, for certain grades) with test results reported by subgroups (e.g., low-income, African-American, Latino, special education and limited English proficient). Consequently, the federal government has involved itself in the daily operation of schools as never before, requiring schools to demonstrate that students are making adequate yearly progress (AYP). For instance, in a 2002 QED study titled "Teacher Buying Behavior and Attitudes 2001-2002," 61% of K-8 teachers said that their students spend "too much" time on standardized test-taking, while another 44% said the test-taking was having a negative impact on the learning experience in their classrooms. In contrast, only 12% of the surveyed teachers said the effect of this test-taking was positive.
Those schools that fail to show AYP are made known to the public, allowing families to take their dollars and shop for tutoring from approved providers (either private or public), or to transfer to other schools altogether. Further consequences of failure include major changes in school funding, organization and staffing, all designed to create greater choice and equity for disadvantaged children.
As Bush explained, the need for strong measures is critical: "The academic achievement gap between rich and poor, Anglo and minority is not only wide, but in some cases is growing wider still." Or, as Cynthia G. Brown (2002) wrote, "The NCLB Act continues the historic role of promoting equity and equality in elementary and secondary education, but with more money and teeth." For the first time in our history, the federal government is demanding that states set standards; test students; report results by student, type, school and district; and establish consequences for schools that fail to show AYP.
Standardization
NCLB moves the United States, for the first time, toward a national standard in education based on state-determined standards and tests, along with a set of processes and consequences that are federally mandated. The process is complex, including the setting of state standards; the alignment of standards with curriculum and yearly testing; the determination of pass (proficiency) and advanced levels; and the application of the same standards to all students without regard for race, ethnicity, language or handicapping condition to show AYP based on 2001-2002 benchmarks.
Even though the standards are set at the state level, states compliance toward national standardization will be measured by student performance on the National Assessment of Educational Progress (NAEP). These test results are compared with state test results to see whether the states are "dumbing down" their tests to look better on national comparisons. If state proficiency levels are upwardly skewed and fail to match student progress on the now-compulsory NAEP, state standards will be found wanting by the U.S. Education Department (ED) and sanctions will be imposed, including statewide withholding of Title I funds. In other words, standards set by the state have to meet standards set at the federal level.
The U.S. Secretary of Education is required to report to Congress on state-by-state progress - focusing on those states that fail to reach standards for two consecutive years. All failing schools will be required to write an improvement plan. These failing schools must also let parents choose whether to restructure these schools as charter or magnet schools, allow students to withdraw, or receive tutoring and other extra services to improve achievement outcomes.
