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I think comparative bad test results among kids who started at the same place and with similar level of home support IS probably indicative of a problem with the teacher or with the school. And I think that after five years of the same problem, dismantling a school might be the way to go.
But I don't think that's what has happened with NCLB. I think that we've been seeing similar results for kids with similar achievement levels and demographics at most schools we've tested (relative to the particular state's test), and we've just been labeling more and more schools as the proficiency standard goes up.
I do think that we've seen actual gains in student achievement over the years as measured by NAEP (even though the gains weren't as great as the gains on the tests the states were pushing), so I think NCLB did actually do good things, especially for subgroup kids.
But I think it's particularly revealing that just as the traditionally "good" schools will start having trouble with AYP since the proficiency standards are really high, politicians are suddenly concerned with amending the law*. I guess it was okay to label all the poor, majority minority schools failing, but it's a travesty to do it to the suburban stars.
*The only way it was ever realistic to have everyone at grade level was if your standard for grade level was really, really low.
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