Gifted students NCLB pressured schools to guarantee that nearly all students meet the minimum skill levels (set by each state) in reading, writing, and arithmetic—but required nothing beyond these minima. It provided no incentives to improve student achievement beyond the bare minimum. Programs not essential for achieving mandated minimum skills were neglected or canceled by those districts. In particular, NCLB did not require any programs for gifted, talented, and other high-performing students. Federal funding of
gifted education decreased by a third over the law's first five years. While NCLB did not address the education of academically gifted students, some states (such as
Arizona,
California,
Virginia, and
Pennsylvania) required schools to identify gifted students and provide them with an appropriate education, including grade advancement. In other states, such as
Michigan, state funding for gifted and talented programs was cut by up to 90% in the year after the Act became law.
Unrealistic goals "There's a fallacy in the law and everybody knows it," said Alabama State Superintendent Joe Morton in August 2010. According to the No Child Left Behind Act, every child was supposed to test on grade level in reading and math by 2014. "That can't happen," said Morton. "You have too many variables and you have too many scenarios, and everybody knows that would never happen."
Alabama State Board Member Mary Jane Caylor said, "I don't think that No Child Left Behind has benefited this state." She argued the goal of 100% proficiency is unattainable.
Charles Murray wrote of the law: "The United States Congress, acting with large bipartisan majorities, at the urging of the President, enacted as the law of the land that all children are to be above average."
Gaming the system The system of incentives and penalties set up a strong motivation for schools, districts, and states to manipulate test results. For example, schools were shown to employ "creative reclassification" of
high school dropouts (to reduce unfavorable statistics). For example, at
Sharpstown High School in
Houston,
Texas, more than 1,000 students began high school as freshmen, and four years later, fewer than 300 students were enrolled in the senior class. However, none of these "missing" students from Sharpstown High were reported as dropouts.
Variability in student potential and 100% compliance The act was promoted as requiring 100% of students (including disadvantaged and
special education students) within a school to reach the same state standards in reading and mathematics by 2014; detractors charge that a 100% goal is unattainable, and critics of the NCLB requirement for "one high, challenging standard" claimed that some students were simply unable to perform at the given level for their age, no matter how effective the teacher is. While statewide standards reduced the
educational inequality between privileged and underprivileged districts in a state, they still imposed a "one size fits all" standard on individual students. Particularly in states with high standards, schools could be punished for not being able to dramatically raise the achievement of students that may have below-average capabilities. The term "all" in NCLB ended up meaning less than 100% of students, because by the time the 100% requirement was to take effect in 2015, no state had reached the goal of having 100% of students pass the proficiency bar. Simply being classified as having
special education needs did not automatically exempt students from assessment. Most students with mild disabilities or physical disabilities took the same test as non-disabled students. Students who had an
Individual Education Plan (IEP) and who were assessed had to receive the accommodations specified in the IEP during assessment; if these accommodations did not change the nature of the
assessment, then these students' scores were counted the same as any other student's score. Common acceptable changes included extended test time, testing in a quieter room or one-on-one with a proctor, translation of math problems into the student's native language, receiving large print, or allowing a student to type answers (often on a plain-text editor on a locked-down computer without spell-check, dictionaries, and access to the internet) instead of writing them by hand. In addition to not requiring 5% of students to be assessed at all, regulations let schools use alternate assessments to declare up to 1% of all students proficient for the purposes of the Act. States were given broad discretion in selecting alternate assessments. For example, a school could accept an
Advanced Placement test for English in lieu of the English test written by the state and simplified tests for students with significant cognitive disabilities. The Virginia Alternate Assessment Program (VAAP) and Virginia Grade Level Alternative (VGLA) options, for example, were considered
portfolio assessments. Organizations that supported NCLB assessment of disabled or limited English proficient (LEP) students said that
inclusion ensures that deficiencies in the education of these disadvantaged students were identified and addressed. Opponents said that testing students with disabilities violates the
Individuals with Disabilities Education Act (IDEA) by making students with disabilities learn the same material as non-disabled students.
Children with disabilities NCLB included incentives to reward schools showing progress for students with disabilities and other measures to fix or provide students with alternative options than schools not meeting the needs of the disabled population. The law was written so that the scores of students with IEPs (Individualized Education Plans) and 504 plans were counted just as other students' scores are counted. Some schools argued against having disabled populations involved in their AYP measurements because they claim that there are too many variables involved.
Aligning the Individuals with Disabilities Education Act Stemming from the
Education for All Handicapped Children Act (EAHCA) of 1975, the
Individuals with Disabilities Education Act (IDEA) was enacted in its first form in 1991, and then reenacted with new education aspects in 2006 (although still referred to as
IDEA 2004). It kept the EAHCA requirements of free and accessible education for all children. The 2004 IDEA authorized formula gives discretionary grants to states for research, technology, and training. It also required schools to use research-based interventions to assist students with disabilities. The amount of funding each school would receive from its "Local Education Agency" for each year would be divided by the number of children with disabilities and multiplied by the number of students with disabilities participating in the schoolwide programs. Particularly since 2004, policymakers sought to align IDEA with NCLB. The most obvious points of alignment include the shared requirements for
Highly Qualified Teachers, for establishment of goals for students with special needs, and for assessment levels for these students. In 2004, President Bush signed provisions that would define for both of these acts what was considered a "highly qualified teacher."
Positive effects for students with disabilities The
National Council on Disability (NCD) looked at how NCLB and IDEA are improving outcomes for students with
Down syndrome. The effects they investigated included reducing the number of students who drop out, increasing graduation rates, and effective strategies to transition students to post-secondary education. Their studies have reported that NCLB and IDEA changed the attitudes and expectations for students with disabilities. They were pleased that students were finally included in state assessment and accountability systems. NCLB made assessments be taken "seriously," they found, as assessments and accommodations were then under review by administrators. Another organization that found positive correlations between NCLB and IDEA was the National Center on Educational Outcomes. It published a brochure for parents of students with disabilities about how the two (NCLB & IDEA) work well together because they "provide both individualized instruction and school accountability for students and disabilities." They specifically highlighted the new focus on "shared responsibility of general and special education teachers," forcing schools to have disabled students more on their radar." They did acknowledge that for each student to "participate in the general curriculum [of high standards for all students] and make progress toward proficiency," additional time and effort for coordination were needed. The National Center on Educational Outcomes reported that disabled students would now receive "...the academic attention and resources they deserved." Research was done on how the laws would impact students who are deaf or hard of hearing. First, the legislation makes schools responsible for how students with disabilities score, emphasizing "...student outcomes instead of placement." It also puts the public eye on how outside programs can be utilized to improve outcomes for this underserved population, and has thus prompted more research on the effectiveness of certain in- and out-of-school interventions. For example, NCLB requirements made researchers study the effects of read aloud or interpreters on both reading and mathematics assessments, and on having students sign responses that are then recorded by a scribe. Still, research thus far on the positive effects of NCLB/IDEA is limited. It has been aimed at young students in an attempt to find strategies to help them learn to read. Evaluations also have included a limited number of students, which make it very difficult to draw conclusions to a broader group. Evaluations also focus only on one type of disabilities.
Negative effects for students with disabilities The National Council for Disabilities had reservations about how the regulations of NCLB fit with those of IDEA. One concern was how schools could effectively intervene and develop strategies when NCLB calls for group accountability rather than individual student attention. The "individual" nature of IDEA is "inconsistent with the group nature of NCLB." They worried that NCLB focused too much on standardized testing and not enough on the work-based experience necessary for obtaining jobs in the future. Also, NCLB was measured essentially by a single test score, while IDEA calls for various measures of student success. IDEA's focus on various measures stems from its foundation in Individualized Education Plans for students with disabilities (IEP). An IEP is designed to give students with disabilities individual goals that are often not on their grade level. An IEP is intended for "developing goals and objectives that correspond to the needs of the student, and ultimately choosing a placement in the least restrictive environment possible for the student." Under the IEP, students could be able to legally have lowered success criteria for academic success. A 2006 report by the Center for Evaluation and Education Policy (CEEP) and the Indiana Institute on Disability and Community indicated that most states were not making AYP because of special education subgroups even though progress had been made toward that end. This was in effect pushing schools to cancel the inclusion model and keep special education students separate. "IDEA calls for individualized curriculum and assessments that determine success based on growth and improvement each year. NCLB, in contrast, measured all students by the same markers, which are based not on individual improvement but by proficiency in math and reading," the study states. When interviewed with the Indiana University Newsroom, author of the CEEP report Sandi Cole said, "The system needs to make sense. Don't we want to know how much a child is progressing towards the standards? ... We need a system that values learning and growth over time, in addition to helping students reach high standards." Cole found in her survey that NCLB encouraged teachers to teach to the test, limiting curriculum choices/options, and to use the special education students as a "scapegoat" for their school not making AYP. In addition, Indiana administrators who responded to the survey indicated that NCLB testing led to higher numbers of students with disabilities dropping out of school. Legal journals also commented on the incompatibility of IDEA and NCLB; some said the acts may never be reconciled with one another. They point out that an IEP is designed specifically for individual student achievement, which gives the rights to parents to ensure that the schools are following the necessary protocols of Free Appropriate Public Education (FAPE). They worry that not enough emphasis is being placed on the child's IEP with this setup. In Board of Education for Ottawa Township High School District 140 v. Spelling, two Illinois school districts and parents of disabled students challenged the legality of NCLB's testing requirements in light of IDEA's mandate to provide students with individualized education. Although students there were aligned with "proficiency" to state standards, students did not meet requirements of their IEP. Their parents feared that students were not given right to FAPE. The case questioned which better indicated progress: standardized test measures, or IEP measures? It concluded that since some students may never test on grade level, all students with disabilities should be given more options and accommodations with standardized testing than they currently receive. ==Effects on racial and ethnic minority students==