"As states faced NCLB's 100 percent proficiency rate requirement, they just lowered the bar for what test score would indicate proficiency," Fuller explained.
NCLB's measurement of proficiency, or "Adequate Yearly Progress" (AYP), has largely been discredited due to its inability to measure growth and account for increasing performance targets. Still, NCLB provided, at the very least, some basis of comparison between state proficiency levels, especially once state standards were calibrated to federal standards measured by the National Assessment of Educational Progress (NAEP) tests.
But as recently as Monday, Duncan appeared ready to ditch some of AYP's strictures. After Montana announced it would freeze its performance targets -- an action that would appear to violate NCLB -- Duncan's office chose not to strictly enforce the law and rescind the state's federal education funding. Instead, Montana education officials worked with Duncan's office and found a loophole in NCLB that allowed the state to reset its proficiency …show more content…
But that's not entirely true. Rep. John Kline (R-Minn.), chairman of the House Education and the Workforce Committee, has introduced a spate of bills to his committee as part of a piecemeal approach to tackling the law in the House.
Kline's latest bill, which would remove strings from Title I funds that are reserved for disadvantaged students, brought fierce criticism. The bill's introduction largely ended what had been, until then, a bipartisan process, with Rep. George Miller (D-Calif) calling it a "complete betrayal of education equality" and "a knife in the back to the bipartisan process."
Fuller attributes the legislative breakdown to Republican strategizing. He says conservatives never liked the bipartisan nature of NCLB to begin with, and Republicans not wish to give Obama a perceived win on education policy as the 2012 election looms.
"They would like to see NCLB implode and suffer from a slow death," Fuller said. "Then we're back to a totally federalist system of education," he added, noting that prior to NCLB, education policy was, for the most part, the sole dominion of