This article originally appeared in the January-February 2004 issue of the Children's Advocate, published by Action Alliance for Children.

The "No Child Left Behind" Act

Questions and opinions on the new federal education law

By Jean Tepperman

Three years ago, California Democrat George Miller teamed up with Republican President George Bush and others from both parties to create the No Child Left Behind Act, a controversial new federal education law that aims to get 100% of public school students "proficient" (successful) in reading and math by 2014.

What does NCLB require?

• Every school must make "Adequate Yearly Progress (AYP)" toward the goal of 100% proficiency.

• That means test scores in both reading and math have to improve a set amount every year for every subgroup: every ethnic group, poor as well as non-poor students, students with limited English, and students with disabilities. And 95% of the students in each group must take the tests.

• Every teacher must be "highly qualified" by 2006.

What happens if a school isn't making "Adequate Yearly Progress?"

If a school gets the same failing grade (the same subgroup fails the same subject) two years in a row, it enters "program improvement." Of Califor-nia's 8,000 schools, 1,209 are now "in program improvement."

The first year "in program improvement," the school has to make an improvement plan and notify parents that they have the right to transfer their children to a school that passed its AYP test. The sending school will pay for transportation out of its federal Title 1 funds-money to boost achievement for low-income students.

The second year, the school has to pay for transportation or tutoring-parents can choose.

The third year, the school district has to step in and make staff or curriculum changes.

The fourth year, the state has to take the school over and replace the staff, run the school, or turn it over to a private company.

What rights does NCLB give parents?

• Each school and school district must have a plan for parent involvement.

• Parents must be involved in making plans for parent involvement and student achievement.

• Schools must provide information in language parents can understand, including a school "report card" and information on their options for transfer or tutoring.

• And NCLB empowers parents "as consumers," says California's Title 1 parent involvement coordinator Carol Dickson. "You can vote with your feet"-leave a failing school for a more successful one.

Is there enough money?

NCLB has greatly increased federal funds for public schools-federal school spending has gone up 41% since 2000. But federal spending is still only a small share of total school costs.

And the law requires low-scoring schools to set aside one-fifth of Title 1 funds for transportation and tutoring-that uses up some of the extra money.

NCLB includes spending goals for each year. But in its first two years, Congress provided less than the law called for-$6 billion less the first year and $8 billion less the second.

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Questions parents should ask

NCLB aims to give parents and communities information about student achievement so they can hold schools accountable. Parents should ask:

• Did this school meet its Adequate Yearly Progress goals?

• What were the average scores of students in each subgroup?

• What plans does the school have for improving the achievement of under-achieving groups?

• What plans has the school made for increasing parent involvement?

• Were parents involved in making those plans?

• Does the school provide information to parents in languages they can understand?

• Does the school's "report card" include information in addition to test scores, such as attendance rate, dropout rate, teacher qualifications, and class size?

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Viewpoints

Healthy tension: "For many years, school districts essentially hid the reality of low-performing schools. But the question gets down to how you go about changing it. There's the test mania, and the feeling that schools have to make enormous changes and are not getting the resources. Schools in low-income areas have a hard time. But it's a healthy tension. Parents want to know."
-Jim Keddy, executive director, Pacific Institute for Community Organization

Sense of crisis: "For too long parents have been going to parent conferences and being told, 'your kid's doing great,' when they were really below grade level-because most of the kids in that school were below grade level. This act creates a sense of crisis, which there should be! But if you don't come in with some resources, some solutions, it becomes very discouraging."
-Liz Sullivan, Oakland Community Organization

Lack of funding: "The act is an important step in drawing attention to the needs of low-income, minority, limited English proficient, and disabled children. Our major concern thus far is that the funding hasn't been there for investment in the real reforms-class size reduction, teacher quality, after-school programs, an expanded curriculum-things that create a rich learning environment for kids."
-Jill Morningstar, co-director of education and youth development, Children's Defense Fund

Set up to fail: "[NCLB] is setting up public schools to fail. It will pave the way for privatization and voucher proponents."
-Reg Weaver, president, National Education Association

Rigid testing: "The one-size-fits-all [testing] requirements...are rigid, harmful, and...unworkable. They will promote bad educational practices...[so] they will lower, not raise, standards for most students."
-Monty Neill, executive director of FairTest

English learners: "California has 1.6 million English learners, yet their educational progress is measured by English-only tests, which means you don't get an accurate indicator of what the child knows. California needs to catch up with other states like New Mexico and Texas that use tests in the child's language."
-Maria Cesada, executive director, California Association for Bilingual Education

Not delivering: "Some of the central parental rights under the law aren't really helping very many parents. In the L.A. school district, 200,000 children are eligible for transfers, but given the overcrowding here, there's no place to go! And 100,000 children are eligible for tutoring, but only 4,000 signed up. There's a serious disconnect there."
-Hector Villagra, staff attorney, Mexican American Legal Defense and Education Fund

Work with the school: "It doesn't make sense to spend so much Title 1 money on transportation. Trying to work with the school community to improve the school should be the first thing. In a few years, if the school was still in trouble, then maybe offer transfers."
-Judy Goddess, president-elect, California Association for Compensatory Education

Basic human needs: "Elected representatives should listen to educators and parents to determine the real needs of schools. Congress should work with the states to ensure that all schools are adequately funded and that all children have adequate food, housing, medical care, and other basic human needs to enable their success in school."
-statement by FairTest

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For more information:

• Using NCLB to Improve Student Achievement, free from Public Education Network, 202-628-7460, www.publiceducation.org
• California Parent Center, 619-594-4756

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