Are the law’s “remedy” provisions—including public school choice and supplemental educational services—working?
DR: The remedies the law prescribes—choice and tutoring—have proven to be ineffective. Less than 5 percent (and by some estimates, as low as 1 percent) of eligible students choose to leave their “failing” school to transfer to a school that made AYP. Some say it is because the students and families did not get adequate notice, but more likely students are not choosing to leave for other reasons. In many suburban and rural school districts, there may be no other school to transfer to. But perhaps more important, most students will not leave their school even if there is another school that is presumably better, by NCLB’s definition, and that is accessible. That is because most students are not in the group that is failing to make progress, and if they like their school, they don’t want to be separated from their friends. The law assumes that the schools are bubbling over with discontented kids who are eager to escape, but that assumption is probably wrong. Or at least there is no eviden