No Child Left Behind: Reading Requirement

President George W. Bush signed a very important law called the No Child Left Behind Act of 2001 (NCLB) in 2001. The NCLB Act was about ensuring every student could do well in public school, even those of low income.

The NCLB set up a system called Adequate Yearly Progress (AYP). AYP checked if schools were helping disadvantaged or low-income students learn more each year in English and other subjects. Schools had to ensure students were getting better at reading and math. And they had to do annual testing of students every year to prove it. If schools didn't show that their students were making progress, they could get into trouble. This was the government's way of ensuring schools were doing their jobs.

The NCLB was the reauthorization of a 1965 law called the Elementary and Secondary Education Act (ESEA). The ESEA was about giving money to schools, especially those with kids needing extra student performance help. Schools now had to follow state standards and ensure teacher quality. The idea was to make sure every student gets a high-quality education.

The Every Student Succeeds Act replaced the NCLB. This article explores how ESSA measures adequate yearly progress compared with NCLB.

The Transition to the Every Student Succeeds Act

After many years, people started to see that AYP and NCLB were causing problems. Not all schools could meet the high standards set by the federal government. Some schools that needed help were being punished instead of supported. So, in 2015, President Barack Obama's administration worked with Congress to make a new law based on, among other things, scientifically based research. This law is the Every Student Succeeds Act (ESSA). This new law replaced NCLB and changed how schools had to show student progress.

ESSA gave more power back to the states to decide how to take corrective action on academic standards. It also allowed them to give supplemental educational services in core academic subjects and ensure schools were doing well. States could now create their own accountability systems, reading programs, and professional development. They also could create school programs for using paraprofessionals and decide what to do with schools in need of improvement. This meant states could look at more than test scores when deciding how well a school was doing. They could also review things like how happy students were and how many students graduated. They could track whether students were ready for college or a career.

The Role of the National Assessment of Educational Progress

In the middle of all these changes, there's been one constant. This constant has been the National Assessment of Educational Progress, or NAEP, the Nation's Report Card. NAEP is a big test that's been around since the 1960s. It doesn't test every student, but it gives a good idea of how students across the U.S. are doing in subjects like reading, math, science, and writing. NAEP is important because it helps everyone understand if the education system works well. It's like a check-up for the nation's school performance.

The Impact of ESSA on Schools

Under ESSA, schools still must test students in reading and math every year. They must test students during their third- to eighth-grade years and once in high school. But now, states have more say in how to help low-performing schools. States can take different approaches to close achievement gaps.

They can mandate more support for teachers or special education programs for students with disabilities.

Evaluating Options: Considerations for Students at Underperforming Schools

Schools that consistently fail to make AYP as outlined by ESSA can face various consequences. These consequences can include interventions mandated by the state or federal government. This can include improvement plans or redirection of federal funding to support improvement efforts. It can also include restructuring the school's administration or governance. Schools must promptly address underlying issues to ensure all students get a quality education.

Some parents may choose to take matters into their own hands. When considering whether to transfer your child from a failing school, look at several factors:

1. Consider the overall school performance. Check the overall performance of the school compared with other schools statewide. Look at standardized state test scores and graduation rates. A decline in performance may show systemic issues that could affect your child's education.
2. Assess your child's academic progress. If they are thriving, transferring may not be necessary. If your child is struggling, they may not be getting adequate support. Transferring to a school with better resources may help students needing improvement.
3. Look at your available resources and support. Determine if the school is working to address the performance issues and if there are opportunities for improvement. This could include interventions for struggling groups of students. It could also include extra tutoring services or teacher training programs.
4. Consider your community and extracurricular activities. A supportive community and engagement in extracurricular activities can be vital. They can help student achievement, child development, and well-being.

You should do a comprehensive assessment before deciding to transfer your child. Consider your child's needs and the school's capacity to support their academic group. Assess their environment and the prospects of the school. Learn more about low-performing schools on FindLaw's Parent Trigger Laws: Overview article.

Looking Ahead in Education Reform

Education laws like NCLB and ESSA ensure schools help students learn and grow. Over the years, the U.S. has learned much about what works and what doesn't in education. State and federal laws change because people want to make the education system better for everyone. With ESSA, the hope is to give schools and states more freedom to meet their students' needs. They can make education policies that help meet their academic achievement goals. It's all about balancing rules with the freedom to try new things and ensuring every student can reach their full potential.

Getting Legal Help With ESSA

Getting legal help with ESSA can be beneficial. This is true if you believe your child's school is not meeting its obligations under this federal law. ESSA offers guidelines for accountability and assessment. It also provides an avenue for support for schools to ensure all students get a quality education. If you suspect your child's school is not complying, seek legal help.

Consult with an education law attorney about your case today.