Loophole in No Child Left Behind leaves some minorities behind

This an AP story and is appearring everywhere. Just a few variations are here, here, here, here and 574 related articles here.

This story is totally bogus!
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The AP found that states are helping public schools escape potential penalties by skirting that requirement. And minorities _ who historically haven't fared as well as whites in testing _ make up the vast majority of students whose scores are excluded.
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There's lots of negative talk and further down in the Washinton Post article they finally state:
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Suppose, for example, that a school has 2,000 white students and nine Hispanics. In nearly every state, the Hispanic scores wouldn't be counted because there aren't enough to provide meaningful information and because officials want to protect students' privacy.

State educators decide when a group is too small to count. And they've been asking the government for exemptions to exclude larger numbers of students in racial categories. Nearly two dozen states have successfully petitioned the government for such changes in the past two years. As a result, schools can now ignore racial breakdowns even when they have 30, 40 or even 50 students of a given race in the testing population.

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Which indeed could be seen as defect in the law, but what is statically significant? Doesn't that depend on the size of the school versus the size of the targeted population? And they are left out of what? The count toward the school failing to make AYP? So that the school can eventually be privatized? This is the kind of propaganda that we all need to be speaking out against! Please join me. Write leters to your paper. Denounce this nasty propaganda piece.
anti nclb