N.J. asks to adjust school reform rules

No Child Left Behind compliance at issue
Friday, April 28, 2006 • By JOHN MOONEY• Star-Ledger Staff

New Jersey public schools could soon see some small but significant changes in how they are measured under the edicts of the federal No Child Left Behind Act.

Acting Education Commis sioner Lucille Davy has asked the federal government for several amendments in the state's regulations as they pertain to the law, seeking to loosen some require ments and tighten others.

In all, the state's requests are consistent with those already approved in many other states, officials and others said, as both Washington and states continue to fiddle with the countless details that drive the controversial school reform measure.

"There is no pullback in this in terms of accountability," Davy said recently of the state's requests. "It is just a matter of fairness."

The state's requests are largely in the fine print of how the law is applied in New Jersey, where last year a third of all its schools fell short on one mark or another.

Overall, the federal law requires that schools show that students in all categories -- black, white, Hispanic or special education -- gain proficiency in math and reading, ending with 100 percent proficiency by 2014.

Any school that falls short in any one category can face escalat ing sanctions, from the transfer of students to eventually the possible closing the school altogether.

But within that broad mandate, states set the achievement levels needed each year on the way to 100 percent, and the regulations for how the schools are measured.

New Jersey's latest request would mostly give schools a little more leeway. For instance, Davy has asked the federal government to double the number of disabled students allowed to take less-rigorous alternative state exams and still be counted toward the total achievement of a school.

And for those still taking the state's standard exam, Davy would also adjust the number of students in a racial or other category needed for the school to be held accountable for those results.

The state now sets the minimum at 20 students needed in a given racial category and 35 in special education. Davy's proposal would put the number at 30 stu dents for all the categories, in up to three grades, depending on the test.

In addition, the state has asked to use a so-called "confidence interval" to measure overall scores, essentially giving schools a margin of error if they are just one or two children off the required proficiency levels, officials said.

The federal Department of Education is expected to act on the proposal in the next couple of months, in time for the state's announcement next fall of how schools fare after this spring's tests.

Virtually every state is doing some tinkering with how it applies the federal law, and U.S. Education Secretary Margaret Spellings has been more flexible in some of the law's harshest edicts.

"States are grappling with a very difficult and complicated law, and since they can't change the law itself, they are tweaking its proce dures," said John Jennings, direc tor of the Center on Education Policy, a Washington think-tank.

"New Jersey's sounds like a reasonable approach," he said. "It is certainly a modest approach and doesn't seem to be trying to avoid the accountability."


© 2006 The Star-Ledger. Used by NJ.com with permission.

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