Can Irrational Become Unconstitutional? NCLB's 100% Presuppositions

Kevin G. Welner

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Legal Issues in Education School Choice and Performance Educational Assessment and Improvement

Abstract

This article identifies two presuppositions underlying No Child Left Behind's (NCLB) system of adequate yearly progress. The first is that each state must bring 100% of its students up to proficiency on state tests by the 2013–14 school year. The second is that each student's test score must effectively be treated by the state as if his or her school were 100% responsible for that score. The article demonstrates that these two 100% presuppositions are unsupportable and then explores the NCLB rules in the context of the Fourteenth Amendment's Due Process Clause, which prohibits the government from arbitrary exercises of power.

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References

1968EQUALITY OF EDUCATIONAL OPPORTUNITY 2010No Child Left Behind Act of 2001 1989The Impact of Differential Expenditures on School Performance 2000Assessments and Accountability 2002Accountability Systems: Implications of Requirements of the No Child Left Behind Act of 2001 2001Raising Standards or Raising Barriers?: Inequality and High Stakes Testing in Public Education 2003Accountability: Responsibility and Reasonable Expectations 2000Beyond Fourth-Grade Science: Why Do U.S. and Japanese Students Diverge?

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2017Is the Common Core racing America to the top? Tracking changes in state standards, school practices, and student achievement 2010Education Rights and Classroom-Based Litigation: Shifting the Boundaries of Evidence 2012Misuse of High-Stakes Test Scores for Evaluative Purposes: Neglecting the Reality of Schools and Students

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