Back in November, I praised the Obama Administration’s Every Student Succeeds Act accountability regulations for permitting states to use performance indices in lieu of simple, problematic proficiency rates. Such applause is, of course, water under the bridge after congressional Republicans and President Trump repealed those rules and, instead of replacing them, will rely on promises, “Dear Colleague” letters, and other means that fall short of formal regulation.

Yet new praise is in order for Secretary DeVos et al.’s recently released “State Plan Peer Review Criteria,” which explains the process through which state ESSA plans will gain approval or rejection. It, like the regulations that came and went before it, expressly permits accountability systems that measure student achievement at multiple levels—not just “proficient”—using a performance index.

This is an important—even essential—innovation. Despite the good intentions of No Child Left Behind, which ESSA replaced a year ago, it erred by encouraging states to focus almost exclusively on helping low-performing students achieve proficiency and graduate from high school. Consequently, many schools ignored pupils who would easily pass state reading and math tests and earn diplomas regardless of what happened in the classroom—a particularly pernicious problem for high-achieving poor and minority children, whose schools generally serve many struggling students. This may be why the United States has seen significant achievement growth and improved graduation rates for its lowest performers over the last twenty years but lesser gains for its middling and top students.

The Every Student Succeeds Act requires the use of an academic achievement indicator that “measures proficiency on the statewide assessments in reading/language arts and mathematics.” There are, however, multiple ways to interpret this. And earlier versions of Department of Education regulations, under President Obama and Secretary King, seemed to expect states to use proficiency rates alone to fulfill this requirement and gauge school performance. Such a mistake would have merely extended NCLB’s aforementioned flaw.

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