WASHINGTON - The landmark No Child Left Behind law, which has
drawn impassioned criticism from educators and parents unhappy
with its stringent requirements for public schools to raise
students' test scores, is being rewritten on Capitol Hill to fix
what the bill's authors now acknowledge are flaws.
Lawmakers say they will not abandon the basic tenets of the
legislation, which requires yearly testing of elementary and
some secondary school students, and holds schools and districts
accountable for poor test scores.
But after five years of complaints - followed by sit-downs in
recent months with teachers, administrators, and civil rights
leaders - Congress and the Bush administration are ready to
change the way schools and students are rated.
They say the changes will help states and school districts
identify more clearly which students need extra help, while
avoiding labeling entire schools as failing because they have
students who are harder to teach, such as those with learning
disabilities or limited English skills.
The original authors of the bill, Senator Edward M. Kennedy and
Representative George Miller, are looking at a slew of changes,
including expanding the way "adequate yearly progress" is
calculated, so schools that barely miss the testing thresholds
are not put in the same failing category as schools with
across-the-board learning problems.
Other proposals include giving schools more time to improve test
scores before schools are forced to take corrective action.
"Everything's up for review," said Miller, Democrat of
California and chairman of the House Education and Labor
Committee. "I've always said I was the proud coauthor of No
Child Left Behind. ... Now, I'm determined to be the proud
author of a No Child Left Behind that works."
Kennedy, who worked closely with President Bush in writing the
law, has for years said the much-reviled measure would work if
the administration provided the money schools need to develop
good tests and help struggling students, especially those in
poorer school districts.
But the Massachusetts Democrat said in a Globe interview that he
now believes the law itself must be changed as well. Many of the
presidential candidates in both parties have called for changes
in the law, and several - including Democratic Senators
Christopher Dodd of Connecticut, Hillary Clinton of New York,
and Barack Obama of Illinois - have introduced legislation.
"We still have to have the concept of accountability," said
Kennedy, who chairs the Senate Committee on Health, Education,
Labor, and Pensions. But "what we need to do is get away from
labeling, get away from the punitive aspects, and give help and
assistance to the neediest schools. We're now on a pathway to
make some sense on this."
Miller and Kennedy said they hope to begin work this month on
writing the revised version of No Child Left Behind. The law is
up for reauthorization this year, which means Congress must vote
on whether to extend it.
Miller said he was pessimistic only six weeks ago that he could
rally his Democratic colleagues to extend the controversial law,
but has recently convinced fellow lawmakers that the law can
work well if it is rewritten to address the complaints from
constituents.
The law requires yearly testing in math and reading for students
in grades 3 through 8; students are also tested once in high
school to gauge their academic progress. Schools can be labeled
as in need of improvement - and eventually, as a failing school
- if students' scores do not meet what the law calls "adequate
yearly progress."
The law provides for additional help for students needing
assistance, and parents can also send their children to another
public school if a school is deemed unsuccessful. In extreme
cases, a school can be closed for poor performance.
Educators have complained mightily about the law, saying the
testing rules do not fully measure whether a student is
learning. School administrators say they are being wrongly
punished for lower test scores from students with learning
difficulties, and some parents are unhappy with schools'
decisions to curtail art and music education to focus on meeting
testing thresholds in math and reading.
Funding, too, is a major complaint from both educators and
congressional Democrats, who say that No Child Left Behind has
never been given all the money authorized in the law by
Congress. The Bush administration said that funding for
elementary and secondary schools has increased each year since
Bush took office, often by more than it did under President Bill
Clinton - a fact Kennedy acknowledges.
But states are still not getting the money they need to develop
appropriate tests and provide the extra help students need to
make the test-score improvements demanded in the law, Kennedy
said.
Nonetheless, complaints from teachers have been so strong that
some say it is unclear whether the changes under consideration
will appease educators, and some political leaders, unhappy with
No Child Left Behind.
While teachers say they share the goals of providing a
high-quality education to all children, regardless of race,
economic background, or disability, many fear that the rules
might undermine public education and send more students fleeing
into private schools.
"The Bush administration was setting up the public schools to
fail, and to undermine public confidence" in them, said Kevin
Fleming, a teacher at Winnacunnet High School in Exeter, N.H.
At a conference late last month for the National Education
Association, candidates for president slammed the law, saying
the testing requirements force educators to "teach to the test"
and stifle creativity in the classroom.
Further, the testing structure - which holds schools accountable
for the progress of an entire class, instead of individual
students - is unrealistic, said NEA president Reg Weaver. "Not
all children learn at the same rate, at the same speed," Weaver
said in an interview.
Dodd is author of the most sweeping package on Capitol Hill to
overhaul No Child Left Behind. Dodd annoyed some of his
colleagues when he introduced his proposal several years ago,
when the education law was still new. He is now drawing support
for some of the alterations he's seeking. They include easing
certification requirements for teachers and giving schools more
ways to show they are making students better at math and
reading.
"Test scores obviously have value, but if it's the only thing
you're doing, you're not making a coherent and substantial
judgment of how an individual is doing or how a school is
doing," Dodd said in an interview.
More than 30 pieces of legislation to alter No Child Left Behind
have been introduced on Capitol Hill, by the NEA's count - some
of them from Republicans.
Senators Judd Gregg of New Hampshire and Richard Burr of North
Carolina - both Republicans - introduced legislation last week
aimed at keeping the accountability and testing concepts while
giving more leeway to schools. For example, the bill would give
schools more time to achieve test standards among children just
learning English, and treat schools with small populations of
low-achieving students less harshly than those with widespread
problems.
The Bush administration is also ready to make some changes in
the law.
The Department of Education has launched a limited program
allowing several states to use different ways of calculating a
school's progress in boosting test scores.
"We shifted our national education dialogue from how much we are
spending to how much children are learning," Education Secretary
Margaret Spellings said in a statement. "Today, we need a new
conversation about how to strengthen and improve this law."