Taking Note
May 2012
Examining Key Education Reform Ideas in Tennessee
Tennessee’s No Child Left Behind Waiver :
A State-Specific Approach to Accountability
In February 2012, the U.S. Department of Education granted Tennessee
and 10 other applicant states a waiver that provides flexibility under
the version of the Elementary and Secondary Education Act known as
No Child Left Behind. Along with the other waiver states,i Tennessee
developed a plan to promote accountability and student achievement
that replaces the 100 percent proficiency standard set by No Child
Left Behind for all schools to meet by 2014. This brief presents the
rationale for Tennessee pursuing a waiver, discusses how the state will
ensure accountability under the waiver, and places the waiver in the
context of Tennessee’s ongoing public education reform efforts. The
waiver represents an important step in Tennessee’s ongoing efforts to
improve its lowest performing schools, recognize and reward schools
demonstrating success, and enhance the quality of its teachers and
rigor of its standards.
What is No Child Left Behind?
Congress passed the No Child Left Behind Act of 2001 (NCLB) to
reauthorize the Elementary and Secondary Education Act of 1965
(ESEA), which established the federal government’s role in supporting
educational opportunity for historically underserved students, including
those from racial and ethnic minority backgrounds and those who
are economically disadvantaged. This version of the ESEA requires
states receiving federal funds to administer statewide assessments
and to demonstrate “adequate yearly progress” (AYP) across identified
subgroups of students, including students with disabilities, toward the
ultimate goal of 100 percent proficiency in reading and mathematics by
2014. Each state developed its own assessments to administer for the
purposes of demonstrating AYP in reading and math, leading to a broad
range of assessment rigor across the country. Under NCLB, schools
failing to meet their AYP targets for consecutive years must provide
supplementary services to struggling students or enable students to
enroll in a higher performing school.
Why did the Education Department allow
waivers from No Child Left Behind?
Although the current version of ESEA was due for reauthorization
in 2007, Congress has yet to make significant progress on a new
approach to educational accountability at the federal level. As 2014
nears, many states have made progress through their work to narrow
achievement gaps and promote higher levels of student proficiency.
NCLB’s requirement that all schools demonstrate 100 percent
proficiency across all student subgroups by 2014, however, has
proven burdensome for states and requires penalties for schools not
meeting the 100 percent level, even when schools may be making
significant progress toward this goal. Upon announcing the 10 initial
state waivers, President Barack Obama stated, “…my administration
is giving states the opportunity to set higher, more honest standards in
exchange for more flexibility.”ii The option for states to pursue a waiver
enables them to propose accountability structures that allow targeted
intervention in schools with persistent and wide achievement gaps
and distinguish low performing schools from those raising levels of
achievement for all students.
Under NCLB, schools could be penalized in states, like Tennessee,
that raised their academic standards to better prepare students for the
future. Increasing academic standards has typically led to decreased
proficiency results as students and teachers adjust to the increased
rigor. Lower test scores then lead to “failure” designations for school
communities engaged in the hard work of better preparing students
for college and careers. In 2009-10, for example, Tennessee tested
students based on the increased rigor of Tennessee Diploma Project
standards. As a result, rates of students scoring in “advanced” and
“proficient” ranges in math fell from 90 percent the previous year to 34
percent. These rates declined in reading from 91 to 51 percent. By
establishing a waiver process, the Education Department can enable
states to pursue stronger accountability standards without sanctioning
schools that are making improvement gains but have yet to reach 100
percent proficiency for all students.
Without the NCLB waiver,
approximately 80 percent of schools
and 40 percent of districts could be
designated as “failing” in Tennessee in
2011-12. Under the waiver, the state
can better identify schools in need of
support and those making gains in
achievement and narrowing gaps.
1207 18th Avenue South, Suite 326, Nashville, TN 37212 — tel 615.727.1545 — fax 615.727.1569 — www.tnscore.org