At the Intersection of Law and Psychometrics: Explaining the Validity Clause of No Child Left Behind

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I. INTRODUCTION

On January 8, 2002, President George W. Bush signed No Child Left Behind (NCLB), a law reauthorizing the Elementary and secondary Education Act (ESEA). NCLB represents one of the greatest intrusions of the federal government into education policy, an area traditionally reserved to states. Responding to the well-publicized shortcomings of education in the United States, NCLB mandates education reform on a national scale.1 In particular, NCLB requires states to develop and use standardized tests in sweeping and unprecedented ways.

Previous to NCLB, states had been using standardized tests for their own purposes. For example, many states had already instituted …