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Report: 'No Child Left Behind' Gets an 'F'

By Jeralyn, Section Constitution
Posted on Thu Feb 24, 2005 at 05:03:49 PM EST
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A report scheduled for release Friday blasts President Bush's "No Child Left Behind Act" and argues it is unconstitutional. In a 77 page report by the National Conference on State Legislatures,

....a bipartisan panel of lawmakers drawn from many states yesterday pronounced it a flawed, convoluted and unconstitutional education reform initiative that had usurped state and local control of public schools.

Among the findings:

It said the law's accountability system, which punishes schools whose students fail to improve steadily on standardized tests, undermined school improvement efforts already under way in many states and relied on the wrong indicators. The report said that the law's rules for educating disabled students conflicted with another federal law, and that it presented bureaucratic requirements that failed to recognize the tapestry of educational challenges faced by teachers in the nation's 15,000 school districts.

Here's how the report argues that the Act is unconstitutional:

One chapter of the report says that the Constitution does not delegate powers to educate the nation's citizens to the federal government, thereby leaving education under state control. The report contends that No Child Left Behind has greatly expanded federal powers to a degree that is unconstitutional.

"This assertion of federal authority into an area historically reserved to the states has had the effect of curtailing additional state innovations and undermining many that had occurred during the past three decades," the report said.

The report also criticizes the Act's provisions relating to the disabled:

The report also examined what the task force called conflicts between the federal law and the disabilities act. Under No Child Left Behind, a disabled eighth grader whom educators deem to be working at a sixth grade level must take examinations for eighth graders. The report said the requirement contradicted provisions in the disabilities act requiring school authorities to devise a unique program suited to the needs and abilities of each disabled child.

"N.C.L.B. requires students with disabilities to be tested by grade level, while IDEA mandates that students be taught according to ability," the report said.

In compiling the report,

The task force worked for 10 months and held public hearings in Washington; Chicago; Salt Lake City; New York; Santa Fe, N.M.; and Portland, Ore. It also held deliberations in Savannah, Ga.

The Act will come up for reauthorization in 2007. Sounds like it's time to leave it behind.

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    Report: 'No Child Left Behind' Gets an 'F' | 21 comments (21 topical)
    Re: Report: 'No Child Left Behind' Gets an 'F' (none / 0) (#1)
    by roy on Thu Feb 24, 2005 at 05:21:57 PM EST
    NCLB has served it's purpose. During his campaigns, Bush got to say he was going to help education. Hopefully now people will be scared of giving education-related authority to fedgov.

    Re: Report: 'No Child Left Behind' Gets an 'F' (none / 0) (#2)
    by Quaker in a Basement on Thu Feb 24, 2005 at 05:23:31 PM EST
    One chapter of the report says that the Constitution does not delegate powers to educate the nation's citizens to the federal government, thereby leaving education under state control. A Tenth Amendment argument? I'm not sure that's a good path to take.

    Re: Report: 'No Child Left Behind' Gets an 'F' (none / 0) (#3)
    by roy on Thu Feb 24, 2005 at 06:17:59 PM EST
    A Tenth Amendment argument? I'm not sure that's a good path to take.
    That should be the very first path to take with any federal law. Does the Consitution say you can do such-and-such? No? Then sit down and let the states or people handle it.

    Re: Report: 'No Child Left Behind' Gets an 'F' (none / 0) (#5)
    by Talkleft Visitor on Thu Feb 24, 2005 at 11:31:09 PM EST
    NO BU$H LEFT BEHIND Bush brother makes $60 million on No Child Left Behind You do know that Bush's brother, Neil, is making millions (over $60 million in Florida alone) selling school districts software so that their students can pass the test mandated by the No Child Left Behind Act. The districts are buying the software because they are afraid that if their students fail then they will lose federal education grants and get put on a probationary list. It caused kind of a stink in Florida because people questioned whether it was ethical for Neil to make $60 million dollars on a deal mandated by both his brothers, i.e., President Bush and Governor of Florida, Jeb Bush. After his success in Florida, Neil went nationwide and he'll probably pull in a cool half a billion dollars. Of course after an obligatory couple of days of covering this the MSM in Florida is ignoring it and the national MSM has totally ignored it. Bloggers should jump on this one because it stinks. When this is all over the Bush family stands to gain close to half a billion dollars from no child left behind. They should rename the bill No Bush Left Behind.

    Re: Report: 'No Child Left Behind' Gets an 'F' (none / 0) (#6)
    by Talkleft Visitor on Fri Feb 25, 2005 at 02:43:54 AM EST
    The original intent of the Constitution was not to tell the population what they could do, Roy, but set the limits of the federal gov't. I favor getting rid of most if not all federal programs and departments that are not spelled out in the constitution.

    Re: Report: 'No Child Left Behind' Gets an 'F' (none / 0) (#8)
    by soccerdad on Fri Feb 25, 2005 at 06:06:56 AM EST
    Dagma has the perfunctory blame everything on the leftist bureacrats, as if all of them are leftists, which they're not but its the standard attack strategy. The first sign that NCLB was a fraud was that less than 3 weeks after appearing with Kennedy to promote this effort, Bush cut the funding. The basic intent, like most ed reform that I've seen, is to be punative in nature. NCLB is aimed at identifying bad systems labelling them as such and doing little to help them get better. The example of the disabled students cited in the article speeks to that point, since testing them at grade level assures more failures and more schools labeeled as deficient, and as noted is against other federal legislation. The purpose of the NCLB is to increase crticism of public education so as to weaken its support which would eventually allow its destruction, to be replace by privately run schools, some by churches others by businesses. As far as I know there is no industrialized civiliazed country that competes globally that does not have state funded education. There is no doubt that education can be improved in this country, but throwing the baby out with the bath water isn't the answer.

    Re: Report: 'No Child Left Behind' Gets an 'F' (none / 0) (#9)
    by Talkleft Visitor on Fri Feb 25, 2005 at 07:26:40 AM EST
    I beg to differ, Dagma; the left left has succeeded spectacularly in their control of public education. They have bred it into a juicy porker from which they feed voraciously. Just try and mess with it and see what happens to YOU. It's bloated, corrupt, ineffective and rotten to the core? The perps who run it don't give a damn if it fails (pun intended) every kid in the system? How you complain!

    Re: Report: 'No Child Left Behind' Gets an 'F' (none / 0) (#10)
    by Che's Lounge on Fri Feb 25, 2005 at 07:31:07 AM EST
    No worries. Once Dagma is reminded that our current Govt. is managed by the conservatives, and not leftists (only for the last 15 years), he will simply shift the blame to the teacher's unions. I hate unions. I want to work EVERY weekend!

    Re: Report: 'No Child Left Behind' Gets an 'F' (none / 0) (#4)
    by Talkleft Visitor on Fri Feb 25, 2005 at 07:50:28 AM EST
    Using 10th amendment could allow for the dismantling of a lot of federal programs if NCLB is overturned because of it, couldn't it?

    Re: Report: 'No Child Left Behind' Gets an 'F' (none / 0) (#11)
    by Talkleft Visitor on Fri Feb 25, 2005 at 08:06:00 AM EST
    "Using 10th amendment could allow for the dismantling of a lot of federal programs if NCLB is overturned because of it, couldn't it?" The federal government's spending powers ("to . . . provide for . . . the general welfare")are broader than its regulatory powers. Can a pervasive regulatory scheme like NCLB really be justified as an exercise of the spending power?

    Re: Report: 'No Child Left Behind' Gets an 'F' (none / 0) (#12)
    by Talkleft Visitor on Fri Feb 25, 2005 at 08:06:46 AM EST
    Yep, get rid of NCLB and also close down the Dept. of Education. Federal gov't has no place in the classrooms of the states.

    Re: Report: 'No Child Left Behind' Gets an 'F' (none / 0) (#13)
    by soccerdad on Fri Feb 25, 2005 at 08:13:40 AM EST
    Dr. Ace please supply proof. The Feds need to be involved to the point of trying to have uniform standards of achievement, and possibly some minimum standards of teacher qualifications. The Feds are also of key importance is setting regulations concerning access to education for the handicapped etc. I would prefer that they not micromanage how education is delivered, so the idea of block grants can be appealing in certain cases.. I know of no industrialized nation that does not have state involvement in education. Some members of the far right wants to get rid of public education all together since they have been unable to get their creationism or intelligent design courses incorporated.

    Re: Report: 'No Child Left Behind' Gets an 'F' (none / 0) (#14)
    by pigwiggle on Fri Feb 25, 2005 at 08:32:36 AM EST
    “A Tenth Amendment argument? I'm not sure that's a good path to take.” The FDR legacy; the constitution is more of a suggestion, to be followed, or not, at will. “Using 10th amendment could allow for the dismantling of a lot of federal programs if NCLB is overturned because of it, couldn't it?” Don’t tease me. “As far as I know there is no industrialized civiliazed country that competes globally that does not have state funded education.” US higher education stands as a counter; some of the best schools are private and further draw a substantial portion of their talent from overseas. I’m ready to be convinced, show me a post-industrialized country that tried private education and failed. Most industrial countries don’t have a constitutional guarantee of assembly, free speech, and means of self-defense; you don’t want to go there too, do you? “"to . . . provide for . . . the general welfare"” Once again, the ghost of FDR. “Some members of the far right wants to get rid of public education all together since they have been unable to get their creationism or intelligent design courses incorporated.” It sits just fine when it is your brand of ideology that is taught.

    Re: Report: 'No Child Left Behind' Gets an 'F' (none / 0) (#15)
    by Talkleft Visitor on Fri Feb 25, 2005 at 10:42:17 AM EST
    Soccerdad, What Bush is demanding is not called punitive reform, its called demanding what your paying for. And rightfully so, the feds have been feeding the states education budgets like you'd feed a hungry wild boar. Throw the money in the pen and run like hell. Its about time somebody demanded a little more for our money.

    Re: Report: 'No Child Left Behind' Gets an 'F' (none / 0) (#16)
    by soccerdad on Fri Feb 25, 2005 at 10:49:33 AM EST
    Dagma - when demnds are made and the funding to help comply with those demands is cut, the demands become punative. There is nothing wrong with demanding better performance, but help has to be provided as most school dsitricts are not swiming in money. I see it as out of balance and therefore punative.

    Re: Report: 'No Child Left Behind' Gets an 'F' (none / 0) (#17)
    by soccerdad on Fri Feb 25, 2005 at 11:01:29 AM EST
    US higher education stands as a counter; some of the best schools are private and further draw a substantial portion of their talent from overseas.
    In this thread we are talking primarily about Grammer schools and grade schools since that is what NCLB is aimed at. We've had this discussion before what do you mean by substantial and it varies across disciples.
    I’m ready to be convinced,
    Based on previous discussions I doubt it.
    show me a post-industrialized country that tried private education and failed.
    Don't know of one. I don't think we should be the first. Do you know of a country that succeded with private education?
    Most industrial countries don’t have a constitutional guarantee of assembly, free speech, and means of self-defense;
    Like who? Europe does, Japan does Its a straw man, gee what a surprise. I believe that getting the Feds completely out of education would produce, at the very least, underfunded education, a return to restricted access for thee handicapped, more unequal standards of education.

    Re: Report: 'No Child Left Behind' Gets an 'F' (none / 0) (#18)
    by roy on Fri Feb 25, 2005 at 01:04:58 PM EST
    I believe that getting the Feds completely out of education would produce, at the very least, underfunded education, a return to restricted access for thee handicapped, more unequal standards of education.
    I believe it would reduce funding, but promote efficiency, for a net improvement. I believe the ADA and most people's touchy-feeliness will be adequate to protect handicapped access. I believe that more unequal standards would be a good thing. Right now standards are pretty equal, but we don't attain the standards. Equal standards at a federal level is a one-size-fits-all approach. Unequal standards allow for fitting the standards to the various situations.

    Re: Report: 'No Child Left Behind' Gets an 'F' (none / 0) (#19)
    by soccerdad on Fri Feb 25, 2005 at 01:14:52 PM EST
    I believe it would reduce funding, but promote efficiency, for a net improvement.
    Nice concept, easy to say, but where I live there is no great net efficiency to be gained much of the admin has been slashed to the bone, and money is very tight.
    I believe the ADA and most people's touchy-feeliness will be adequate to protect handicapped access.
    i can assure you from experience that people's touchy-feeliness won't help, and in some cases doesn't exist.
    I believe that more unequal standards would be a good thing.Right now standards are pretty equal, but we don't attain the standards. Equal standards at a federal level is a one-size-fits-all approach
    In the first place they should be seen as a minimum set of standards. There is no reason they can't be exceeded. For example, many HS have honors programs and the students are far beyond the standards. The risk with passing it back to cash starved states is that they will simply lower the standards for the bottom. I believe the Feds should be setting the overall direction and emphasis, supply some money, but not micromanaging.

    Re: Report: 'No Child Left Behind' Gets an 'F' (none / 0) (#20)
    by pigwiggle on Fri Feb 25, 2005 at 02:07:39 PM EST
    “Like who? Europe does, Japan does … Its a straw man, gee what a surprise.” First, it is not a straw man. You noted that all industrialized countries had public education without indicating why this was relevant. The natural assumption is, since they all have it then it is a good thing, and further it is in some measure responsible for their prosperity. I was trying to point out that they also have several things in common that we can both agree are not good. You need to do more than point out they all have it; you need to further demonstrate how it relates to their success. Europe, as in the EU, has constitutional provisions ensuring against free speech. The problem is making crime statutes uniform across all of Europe. Most notable for their lack of protection is France and Germany; both have sought to bar companies like Google and Ebay from providing services that conflict with their speech regulations. The UK has protections for speech in law but no constitutional guarantee. The Dutch do have a constitutional guarantee of free speech, a source of conflict in their adoption of the draft EU constitution. None that I am aware of have a constitutional provision for the right to bear arms. “Do you know of a country that succeded with private education?” Like you I am unaware of any that have tried, exclusively. I do know there is a growing trend toward privatization here and worldwide. The World Bank has documented a doubling of private schools in the past 40 years worldwide. Interestingly, in poorer countries the growth has been even more dramatic.

    Re: Report: 'No Child Left Behind' Gets an 'F' (none / 0) (#21)
    by soccerdad on Fri Feb 25, 2005 at 02:31:37 PM EST
    since they all have it then it is a good thing, and further it is in some measure responsible for their prosperity
    Fair enough, but I don't want to be the first country that bucks the trend. Since there are zero industrialized countries with private education I would be very cautious. I don't understand what the rest has to do with education, i.e. Europe.
    The World Bank has documented a doubling of private schools in the past 40 years worldwide. Interestingly, in poorer countries the growth has been even more dramatic.
    This doesn't tell me much. If a poor coutry had 1 then it had 2 it doubled it but so what. In addition you have to partition out whether the increase is due to increases in religious schools, support by the upper class only, etc.

    Re: Report: 'No Child Left Behind' Gets an 'F' (none / 0) (#22)
    by Talkleft Visitor on Sat Feb 26, 2005 at 04:47:07 PM EST
    Otherwise known as 'No Child Left.' People who don't believe in education, pretending to, while creating massive unfunded mandates, bankrupting good schools, and STILL screwing the poor at every turn.

    Report: 'No Child Left Behind' Gets an 'F' | 21 comments (21 topical)