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No Child Left Behind

The issue: The No Child Left Behind Act of 2001 has several provisions that contain the phrase “scientifically-based research” in reference to classroom materials. Neither a clear definition nor the scope of the requirement were given.

Our position: While AEP understood that the government was moving towards a new standard for educational materials, we felt that our members needed clarification in order for them to comply with the intent of the law.

Specifically:

• First, does “scientifically based research,” at any level, apply to supplemental materials?
• If so, is secondary research adequate? (Secondary research means finding existing published research that matches the educational foundations of one’s product and using that as a justification to meet the requirement.)
• If primary level research is required, what are the criteria? Will there be any requirements by the Department of Education for school district participation, so that publishers will have access to reliable user groups for the studies? Are there any provisions in the Act to assist publishers with funding the research process?
• Several of our companies’ products reflect core pieces of the curriculum, such as spelling—a curricular area researched with thousands of students over 100 years. Must they conduct new tests to show students need to learn lists of words and subsequently be tested on them?
• How will the research requirements affect materials for English Language learners?
• If a company uses outside materials in its lesson, does it need to test those too?

Actions Taken:

• AEP wrote a letter to Dr. Susan Neuman, who was Assistant Secretary for Elementary and Secondary Education.
• January 2003: AEP arranged for a meeting between key members of the U.S. Dept. of Ed. and educational publishing executives. (Read the meeting agenda, policy backgrounder, and AEP Online article.)

Outcome: The government is moving towards the gold standard requirement for research, but it understands that in many subject areas, it will take a while to get there. In the meantime, secondary research is acceptable. Publishers need to have someone on their team who really understands the literature on instructional design. Showing alignment with good instructional design principles is a strong form of secondary evidence for academic areas in which no pool of SBR currently exists.

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