Many of us have heard about the No Child Left Behind Act (NCLB), a reauthorization of the 1965 Elementary and Secondary Education Act, but as adult educators, we may not have thought about its relevance to our work and our students' lives. However, an understanding of this complex act can indeed help us in our teaching by supporting students in becoming more aware of their rights as parents with school aged kids. Further, because the act has provisions for Even Start programs and provides a formal policy definition of "reading," and because it contains stipulations for teacher preparation and certification, it holds additional implications for adult literacy educators.

The stated purpose of the No Child Left Behind Act is as follows:

The purpose of this title is to ensure that all children have a fair, equal, and significant opportunity to obtain a high quality education and reach, at minimum, proficiency on challenging state academic achievement standards and state academic assessments.

Almost all public schools fall under the ambit of NCLB. The overall objectives of NCLB are to teach all children to be proficient in reading, math, and science by 2014. To ensure that schools are meeting the requirements of NCLB, all schools and all school districts must set annual progress targets called "adequate yearly progress," where 95 percent of students are tested to determine whether the students have achieved academic progress.

Highly Qualified Teachers
An integral part of NCLB is the new definition of what constitutes a "highly qualified teacher." Through-out the legislation, reference to "highly qualified teachers" appears with frequency. The minimum educational requirements to become a highly qualified teacher are as follows:

• Be certified by your state.
• Pass your state's teacher examination.
• Have a bachelor's degree with training in your subject area.
• Hold a license to teach in your state.

NLCB requires highly qualified teachers in all Title 1 classrooms by the end of 2005-2006 school year. The highly qualified teacher requirements apply to elementary, middle, and high school teachers who teach core subjects. Core subjects include "English, reading, language arts, mathematics, science, foreign language, civics and government economics, arts, history and geography." Teaching in more than one core subject area requires competence in each specific core subject.

Many schools have granted emergency or provisional waivers for teachers, especially if the teacher holds expertise or demonstrates that certification procedures have been initiated. However, under NCLB, teachers can no longer work under a provisional status.

Newly Hired and Veteran Teachers: Differences
The act does distinguish between newly hired and veteran teachers. Newly hired elementary school teachers must have a bachelor's degree and have passed a state test demonstrating knowledge in reading, writing, and mathematics. In middle or high school, a newly-hired teacher must also have a bachelor's degree, have majored in or have an advanced degree in the core subject taught, and have passed a test in the academic area taught. For veteran teachers, it appears that they must meet the requirements of a highly qualified teacher prior to the end of the 2005-2006 school year.

"Reading First"
The cornerstone of NCLB is teaching children to read using "scientifically based reading research" and using "diagnostic reading assessments."(More about these two areas later in the article.) The act further provides funds for early reading for pre-school children and for parents under Even Start Family Literacy Programs. For preschool children, NCLB identifies preschool lan-guage skills that must include the following:

• recognizing letters of the alphabet;
• knowing letter sounds, sounds blends, using increasingly complex vocabulary;
• knowing that written language is comprised of phonemes and letters, syllables, words and sentences;
• having a level of spoken language, vocabulary, and oral comprehension; and
• knowing the purpose and conventions of print.

Under the Even Start program, funds are provided to help parents help their children by teaching the parents to read, and by providing support services such as testing and counseling. If a program receives "Even Start" funds, the law mandates an "independent evaluation of the program." Some independent evaluators may not consider whole language based on "scientifically based research".

Legally Sanctioned Definition of Reading
NCLB provides a legally sanctioned definition of reading. Reading is now defined as "a complex system of deriving meaning from print" that requires all of the following:

• the skills and knowledge to understand how phonemes, or speech sounds, are connected to print;
• the ability to decode unfamiliar words;
• the ability to read fluently;
• sufficient background information and vocabulary to foster reading comprehension;
• the development of appropriate active strategies to construct meaning from print; and
• the development and maintenance of a motivation to read.

The statute also lists what is considered to be the "five essential components" of reading:

• phonemic awareness;
• phonics;
• vocabulary development;
• reading fluency, including oral reading skills; and
• reading comprehension stratgies.

Strikingly absent from the list of essential components is any mention of reading within or for "context," or the premise that "context" is a critical component of reading comprehension. It would appear that any reading program that did not incorporate the "five essential components" of reading into their reading programs would be in violation of NCLB.

Scientifically Based Reading Research
The act also mandates how students are to be measured using diagnostic reading assessments based on scientifically based reading research. Assessments must consist of a "screening reading assessment" to identify children at risk for delayed development, a "diagnostic reading assessment" to identify a child's strengths and weaknesses, and a "classroom based instructional reading assessment" where the child is observed performing academic tasks.

A failure to utilize reading programs that meet the "scientifically based reading" standard could result in the loss of federal funding for any "Reading First" initiative.

By implication, scientifically based reading research places a burden on colleges and universities preparing students to teach to utilize programs that are scientifically-based. In addition to a definition of scientifically based reading research, NCLB has a definition for what constitutes scientifically based research. The definition is quite long and very complicated and for the sake of brevity will not be repeated, but it should be noted that the technical definition of what constitutes "scientifically based research" appears almost 80 times in full text of the legislation.

Parental Rights
The bill also provides extensive rights for parents of children in Title 1 schools.

At both schoolwide programs and target assistance programs, parents of children in Title 1 schools have the right to know if the teacher is state-certified, the name of the teacher's college, and her major area of study. Under the act, schools are obligated to provide annual report cards on their schools and annual yearly progress reports. In certain circumstances, schools must provide students with a variety of school choice options.

The consequences for failure to make adequate yearly progress can be dramatic and expensive for a school system. A school that fails to make adequate progress for four consecutive years can result in the replacement of the entire school staff-from principal to all teachers.

A failure to make progress for two consecutive years allows any student to move from the failing school to a non-failing school. However, if all schools in a district fall into the failing category, the child has right to attend a non-failing school with transportation provided by the failing school district. Thus, if all schools in Springfield, for example, were in the failing category, the student could arguably request to be sent to private school, although such an issue would need to be resolved in court.

If a school fails to make progress for three consecutive years, the school district must provide supplemental educational services (SES). The service can range from private tutors to after-school programs to summer school all at no cost to the parents. Inter-estingly, the tutorial services can be provided by for profit corporations as long as the corporation has met state requirements, again at the school district's expense.

Additional Parental and Student Rights
Under NCLB, A "child in need of services" will receive "the reasonable adaptations and accommodations for students with disabilities." "Reasonable" applies to children who already have Individual Education Plans (I.E.P.). Parents also have the right to transfer their child from a school deemed unsafe, and they have the right to see the school's annual report card.

ESOL
Parents of English language learners also have extensive rights to ensure that their child is receiving proper instruction in English using "research-based language instruction curricula for English language learners that are effective with this population." The school must also notify the parents of the child's yearly progress in English. Moreover, the child's teacher must be fluent in both written and oral communications skills in English.

Even Start
Family literacy, including ABE, receives extensive consideration under NCLB. The overall purpose of the family literacy section of NCLB is to provide intensive instructional assistance to adult literacy programs. By helping parents achieve some increased level of literacy, it is anticipated that there will concurrent increased educational growth in their children. NCLB provides that any program receiving funds under Even Start actively identify and recruit adults with "low levels of income" and a "low level of adult literacy." The adult learner, including teenage parents, can receive counseling, testing and other support services (e.g. transportation, day care) under the Even Start provisions of NCLB.  

Literacy and support programs must be designed to accommodate participant's work schedule and should include "high-quality, intensive instructional programs." After December 2004, any staff that provides academic instruction under NCLB's Even Start sections "shall have obtained an associate's, bachelor's, or graduate degree in a field related to early childhood education, elementary school, or adult education; and shall meet qualifications established by the [respective] State. ." For new personnel hired after December 2004 who provide academic instruction, there is also the same requirements of having obtained an associate's, bachelor's or graduate degree and meeting the qualifications for elementary school or secondary school education or adult education provided "as a part of an Even Start program or another family literacy program."Even Start programs under NCLB are also required to operate on a year round basis and "use instructional programs based upon scientifically based reading research for children and adults, to the extent that research is available". NCLB also provides for independent evaluation of Even Start programs. 

The ramifications of NCLB extend beyond the K-12 system. Of course, if the mandates of NCLB remain unfunded or under funded, then our children will inevitably be "left behind."

Daniel E. O'Malley is the education reintegration counselor and college coordinator at the Hampden County House of Correction. He can be reached at Dan.Omalley@sdh.state.us. For a longer version of this article, submitted in partial fulfillment of a doctoral degree, contact the author.