Ten years ago, on Jan. 8, 2002, President George W. Bush signed the No Child Left Behind Act. The law has improved American education in some ways, but it also still has flaws that need to be fixed.

No Child Left Behind (NCLB) for the first time exposed achievement gaps and created a conversation about how to close them. The law has held schools accountable for the performance of all students no matter their race, income level, English-proficiency or disability. Schools can no longer point to average scores while hiding an achievement gap that is morally unacceptable and economically unsustainable.

The law, however, has significant flaws. It created an artificial goal of proficiency that encouraged states to set low standards to make it easier for students to meet the goal. The act’s emphasis on test scores as the primary measure of school performance has narrowed the curriculum, and the one-size-fits-all accountability system has mislabeled schools as failures even if their students are demonstrating real academic growth.

The law is overly prescriptive and doesn’t allow districts to create improvement plans based on their unique needs. It also has not supported states as they create teacher evaluation systems that use multiple measures to identify highly effective teachers and support the instructional improvement of all teachers.

The question today is how to build on NCLB’s success and fix its problems. Fortunately, states are leading the way. In Washington, we need to do everything we can to support their work.

Over the past two years, 45 states and the District of Columbia have shown tremendous courage by raising their academic standards to measure whether students are truly prepared for success in college and careers. To measure students’ progress toward those standards, 44 states and the District are working together to create assessments based on the common set of standards developed by educators, governors and state education chiefs.

What’s more, states and school districts have adopted bold and comprehensive reforms to support academic achievement for all students. These reforms are improving teacher and principal evaluation and support, as well as turning around low-performing schools and expanding access to high-quality schools.

Unfortunately, the law unintentionally creates barriers for these reforms. States that have chosen to raise standards will soon need to explain why student scores are dropping. Instead, they should be able to highlight students’ academic growth.

School districts are stuck using NCLB’s definition of a highly qualified teacher based solely on paper credentials, without taking into account the teacher’s ability to improve student learning. And the law continues to encourage schools to narrow curriculum at the expense of important subjects such as history, civics, science, the arts and physical education. After 10 years of these flawed policies, our nation’s teachers and students deserve better.

President Barack Obama is offering states flexibility from NCLB in exchange for comprehensive plans to raise standards; to create fair, flexible and focused accountability systems; and to improve systems for teacher and principal evaluation and support. This flexibility will not give states a pass on accountability. It will demand real reform.

So far, 39 states, the District of Columbia and Puerto Rico have expressed interest in this flexibility. The Education Department is working with the first group of applicants.

Although Congress has begun the process of reauthorizing NCLB, we can’t wait for the extended legislative process to be completed. States and school districts need relief from NCLB right now.

Congress has yet to act even though No Child Left Behind is four years overdue for renewal. Education reform requires elected officials from both sides of the aisle to come together. We can’t let partisan politics stand in the way.

One way or another, NCLB needs significant changes.

Our states and schools deserve flexibility from its teach-to-the-test culture and one-size-fits-all accountability system.

Even as we work with states to offer flexibility from existing law, the Obama administration will support a bipartisan effort by Congress to create a law that supports a well-rounded education while holding schools, districts and states accountable for results.

We all need to work together so that 10 years from now, America’s children will have the sort of federal education law they so richly deserve — one that challenges them to achieve to high standards, and provides them with the highly effective teachers and principals who can prepare them for success in college and the workforce.

Arne Duncan is U.S. secretary of education. This column was distributed by The Washington Post, where it first appeared.

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