Under No Child Left Behind, schools where even one group of students falls behind are considered out of compliance and subject to interventions. The law has been championed for helping shed light on education inequalities, but most now agree it is due for change.
Indiana’s proposal to opt out of the federal law’s strictest requirements was criticized by the Education Department for its “inattention’’ to certain groups, like students still learning the English language. New Mexico’s plan, a panel of peer reviewers noted, did not include accountability and interventions for student subgroups based on factors like achievement and graduation rates. In Florida, the department expressed concern that the performance of some groups of students could go overlooked.
The concerns were outlined in letters sent last December by the administration to the 11 states that have applied for a waiver. Since then, state and federal officials have been talking about how to address the concerns; some states have already agreed to changes.
The letters were obtained by The Associated Press for all of the states except Tennessee and Kentucky, which declined to provide them until an announcement is made on whether a waiver is granted. The Education Department has previously said it expected to notify states by mid-January.
“Our priority is protecting children and maintaining a high bar even as we give states more flexibility to get more resources to the children most in need, even if that means the process takes a little longer than we anticipated,’’ said Daren Briscoe, a department spokesman.
Jack Jennings, president of the Center on Education Policy, said federal officials are in a challenging spot.
“The current law means that each group of kids, whether they are children with a disability, or African-American, or poor kids, have attention paid to them, because the schools are accountable for each and every group,’’ said Jennings. “But what the states are asking is that they all be lumped together.’’