Locking Schools into more than they Bargained for: The Effects of the No Child Left Behind upon our Schools Ability to Control their own Education

Jake S. Phillips, Albany Law School

Abstract

This article finds the No Child Left Behind Act (NCLBA) has failed to provide states with the federal funding their schools were promised to receive, when they first accepted the mandated terms. Under the NCLBA, every state established accountability plans for their schools; and if they failed to meet required “adequate yearly progress” they would suffer penalties including a reduction in funding. Since federal funding has never been provided fully, schools have struggled to meet their established accountability plans. As a result, states would like to opt out of the NCLBA and regain their own control, but they can not afford to forgo the promised federal funding. As part of its conclusion, this article identifies six modifications to the NCLBA that would allow states to regain control and receive adequate funding to provide improved education for all students.