D.  No Child Left Behind (NCLB) Overview



No Child Left Behind (NCLB), codified in Title 20 and Title 25 of the United States Code, is a lengthy, complicated Act. The following is an abbreviated discussion of certain provisions that impact children and youth, particularly those who have disabilities and special needs, in the juvenile justice system or child welfare system, or who are involved with school attendance/truancy issues.



20 U.S.C. §§ 6301 through 6578.
1. Statement of Purpose in Title I

Title I of NCLB is “Improving the Academic Achievement of the Disadvantaged.”

20 U.S.C. § 6301 (2002).
The Statement of Purpose provides, in part, that the Act should “ensure that all children have a fair, equal, and significant opportunity to obtain a high-quality education.”



20 U.S.C. § 6301(2)
The purpose is to be accomplished, in part, by:
Meeting the educational needs of low-achieving children in our Nation’s highest-poverty schools, limited English proficient children, migratory children, children with disabilities, Indian children, neglected or delinquent children, and young children in need of reading assistance . . .
20 U.S.C. § 6368 (2002).
NCLB defines the meaning of reading, essential components of reading instruction, diagnostic reading assessments, and scientifically based reading research.



Peter W. D. Wright,  Pamela Darr Wright and Suzanne Whitney Heath, No Child Left Behind, 77 (Harbor House Law Press Inc. 2007); 20 U.S.C. § 6311(b)(2)(B).

2. Requirements for Schools

Schools that accept Title 1 funds are required to achieve “Adequate Yearly Progress,” which is tested objectively.


20 U.S.C. § 6311(b)(2)(C) (2006)
Measurable objectives must include the achievement of economically disadvantaged students, students with disabilities, and students with limited English proficiency.

20 U.S.C. § 6311(h)(2)(B)(i).
The number and percentage of schools identified for school improvement and for how long the schools have been so identified must be released in an annual local educational agency report card.

20 U.S.C. § 6312(b)(1)(E)(ii) (2007).
Local educational agency plans for serving students with limited English proficiency, disabilities, or who are neglected or delinquent must be filed with the state educational agency.

20 U.S.C. § 6312(b)(1)(I).
They must describe educational services for neglected or delinquent children, both those living in local institutions and in community day school programs.

20 U.S.C. § 6313(c)(3) (2002).
Funds must be reserved to serve both homeless children and neglected or delinquent children.

20 U.S.C. § 6315 (b)(2) (2002).
Schools may receive Title 1 funds to provide targeted assistance to children identified as failing or at risk of failing, including children who are economically disadvantaged, children with disabilities, children who have limited English proficiency, neglected or delinquent children, and homeless children. 

20 U.S.C. § 6315(c)(1).
Children with truancy issues may fall into one of these categories. The components of a targeted assistance program are defined to assure quality and scope of educational opportunities. Wright and Heath, supra  note 34 at 165; 20 U.S.C. § 6312)(g)(1)(A).

Wright and Heath, supra  note 35 at 165;
20 U.S.C. §6312)(g)(1)(A) (vii )
The school must advise the parents of a child who is limited English proficient and who has disabilities how a language instruction program meets the child’s IEP goals and objectives.



20 U.S.C. § 6316(b)(1)(A) (2002).
3. Options for Students When the Schools Fail

If a school fails to make adequate yearly progress for two consecutive years, it must be identified for school improvement.

20 U.S.C. § 6316(b)(1)(E).
Students must then have the option to transfer to another public school, with priority given to the lowest achieving children from low-income families.

20 U.S.C. § 7912(a) (2002).
Also, if the school is identified as persistently dangerous, and cannot protect the child, a child may transfer to a new school.

20 U.S.C. § 6316(b)(9).
The local educational agency must pay for transportation.

20 U.S.C. § 6316(b)(6)(F).
In the alternative, the child must be given supplemental educational services.



20 U.S.C. § 6316(e).
These services may be selected by the parents, but the provider must be approved for that purpose by the State educational agency. After the parent selects the provider, the local educational agency enters into an agreement with the provider.



20 U.S.C. § 6316(e)(3).
In the case of a student with disabilities, this agreement must be consistent with the student’s IEP.













20 U.S.C. §§ 6421 through 6422 (2002); Wright and Heath, supra note 35 at 29.
4. At-Risk Children and Youth

Part D of Title 1, “Prevention and Intervention Programs for Children and Youth who are Neglected, Delinquent, or At-Risk,” has the following purposes: 

  • Improve educational services for neglected or delinquent children and youth in institutions;
  • Provide transition services so neglected or delinquent children can attend school or secure employment;
  • Prevent at-risk youth from dropping out of school; and
  • Provide a support system to dropouts and juveniles who return from correctional facilities so they can continue their education.





The purpose of this section, therefore, is to serve children and youth who are institutionalized, either because of dependency or neglect, or because of incarceration.  A state educational agency receiving funds under this subpart must submit an application that addresses the needs of institutionalized children.

20 U.S.C. §6434(c)(11) (2002)
Under the Act, the state agency must designate: “an individual in each affected correctional facility or institution for neglected or delinquent children and youth to be responsible for issues relating to the transition of children and youth from such facility or institution to locally operated programs.”

20 U.S.C. § 6434(c)(15);
20 U.S.C. § 6455(2) (2008)
The state agency works with institutionalized children and youth with disabilities to meet existing IEPs and notifies the local school if a student is identified as in need of special education services and intends to return to the local school.

20 U.S.C. § 6434(c)(16);
20 U.S.C. § 6455(4)..
If the child or youth has dropped out of school before entering the institution, the agency encourages him or her to reenter school or provides the skills necessary to gain employment or continue education.

20 U.S.C. § 6434(c)(17);
20 U.S.C. § 6455(5).
Teachers and other qualified staff in the institution must be trained to work with students with disabilities and special needs.



Wright and Heath, supra note 34 at 73.
5.  Reading Skills Under NCLB

There is a high correlation among poor reading skills, learning disabilities, and juvenile delinquency.  


Id. at 243.
NCLB provides for coordination of reading programs from early childhood through adulthood. In Early Reading First, NCLB focuses on early identification of reading problems and early intervention through methods founded on scientifically based reading research.

20 U.S.C. § 6371(a)(1) (2002).
The section targets preschool children, particularly those from low-income families.

20 U.S.C. § 6361(1) (2002).
NCLB authorizes funds:

To provide assistance to State educational agencies and local educational agencies in establishing reading programs for students in kindergarten through grade 3 that are based on scientifically based reading research, to ensure that every student can read at grade level or above not later than the end of grade 3.

20 U.S.C. 6381g(a)(1)(B) (2002).
Moreover, NCLB supports and provides funds for family-based literacy programs for families with need-related indicators such as poverty, illiteracy, unemployment, limited English proficiency, and domestic violence. 

20 U.S.C. § 6381(1) and § 6381c(a) (2002).
These programs, called “Even Start,” combine early childhood education, adult literacy or basic education, and parenting education.

20 U.S.C. § 6381d(2) (2002).
Even Start programs must provide screening and preparation of parents (including teenage parents) and children. Components of screening and preparation include “testing, referral to necessary counseling, other developmental and support services, and related services.”

20 U.S.C. § 6381d(4).
Among other requirements, programs must “include high-quality, intensive instructional programs that promote adult literacy and empower parents to support the educational growth of their children, developmentally appropriate early childhood educational services, and preparation of children for success in regular school programs.”