Georgia's harder middle school math tests — created to match the state's tougher new math curriculum — will probably have the unintended consequence of leaving some middle schools behind.

State Superintendent of Schools Kathy Cox predicts more students will fail these harder exams and that will cause more middle schools to miss the testing goals required under federal law.

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Kathy Cox

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The No Child Left Behind Act punishes schools that repeatedly fail. Last year, 66 of the state's 450 middle schools missed testing goals solely because of math scores. Cox said last week she expects the number of failing schools to increase.

Her prediction is based on more than the curriculum that middle schools phased in over the past few years. This year, the state also requires a higher percentage of students pass the exams for schools to comply with the federal law. Students are taking the math tests this month.

"States that have increased rigor are getting penalized under this system," Cox said. "We made changes to make our schools better for our children. We did the right thing and we're getting punished for it. This is a problem with NCLB."

The law punishes schools that repeatedly fail and rewards those that make adequate yearly progress, commonly referred to as AYP.

Schools meet testing goals if a certain percentage of their students pass state exams. The law requires states to gradually increase their passing rate to the point that 100 percent of a school's students must pass state exams by 2014.

Georgia's passing rates, set in 2003 and approved by the federal government, required 58.3 percent of middle schoolers to pass the math test last year. Under those guidelines, it was scheduled to increase to 66.7 percent this year.

However, those rates were set before the state approved its new, harder math curriculum in 2005. The passing rates and the new curriculum don't match, so Cox asked for a waiver in February to change the math passing rate to 60 percent this year.

Cox said the federal government refused, citing a clause in the law that prevents such a change.

Cherokee County Superintendent Frank Petruzielo said he understands why the state wanted to change the passing rates.

"We're expecting more from our students and teachers, so why would we use the standards from the old curriculum?" Petruzielo said. "It sounds like the state is trying to prevent a situation where our kids may look dumber, when in effect they may be smarter. The fact the federal government said no reflects the same obstinate behavior we've come to expect from the people who thought No Child Left Behind was a good idea."

The U.S. Department of Education declined to comment, saying no formal decisions have been made.

"We are still considering Georgia's requests and cannot comment while the department is considering any state's requests," said Jo Ann Webb, a spokeswoman with the U.S. Department of Education.

The mammoth education law is President Bush's signature domestic initiative. Signed into law in 2002, the act seeks giant gains in student achievement and holds schools accountable for reaching these goals. Schools that fail face increasingly severe sanctions, up to a possible takeover by the state.

Georgia overhauled its curriculum in response to years of criticism from teachers and education experts who said the standards were too weak. The biggest changes focus on math. Middle school math classes cover more new material and less review than before.

The state's concerns focus on middle schools because elementary school students historically test well in math and high schools have yet to teach the new math standards. Also, students' math test scores typically begin dropping in middle school because the material becomes more difficult.

Congress could have solved Georgia's problem by reauthorizing the law this year, but lawmakers can't agree on all the details. So the law remains unchanged.

Georgia isn't the only state frustrated by the law's one-size-fits-all approach, said Jack Jennings, president and CEO of the nonpartisan Center on Education Policy. The Washington-based group tracks the law's implementation.

Jennings said Georgia was right to improve its curriculum, but the state will likely suffer because of it.

"If the state had kept the weaker standards, it wouldn't be in this situation," Jennings said. "This is a conflict of good goals. The U.S. Department of Education is being a stickler on its goal."