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For a crash course in the strengths and failings of the No Child Left Behind law, a good place to start is with Washington Middle School Principal Cynthia Challberg-Hale.

That's what a national commission studying possible changes in the controversial law did recently, making Washington one of four schools nationwide it profiled in-depth.

"For once, they were listening to people who know kids and what they need," Challberg-Hale said.

Why Washington? In the language of No Child Left Behind, the Downtown school has been labeled as failing since 1999, based primarily on bench marks of student performance on state standardized tests.

Challberg-Hale and the commission, on the other hand, see real progress at Washington that those bench marks overlook.

The report was to be available on Aug. 1, but is delayed because of computer problems. State officials must release the annual report card on public schools, a requirement of the federal law.

Of the 800 New Mexico schools reported in 2006, 433 were rated as not making "adequate yearly progress," the mark of failure under No Child Left Behind.

In Albuquerque, 83 schools did not make progress in the previous year, the state reported.

As Congress considers changes to the law this fall, many educators hope to change that label to something less black-and-white. But in the meantime, many schools are simply hoping to change their designation.

As much as any school, Washington has felt the sting of No Child Left Behind.

Under the act, children in the lowest-performing schools qualify for free transportation to a higher-performing school. At one point a few years ago, Washington lost 200 students who had transferred to schools with higher test scores, Challberg-Hale said.

Since then, Washington has grown to 581 students, up from its low of 500 two years ago.

"We're getting our neighborhood kids back," Challberg-Hale said.

That turnaround caught the attention of the Commission on No Child Left Behind, a bipartisan group recommending changes to improve the law, Challberg-Hale said.

The commission also noted academic gains at Washington not recognized under the "adequate yearly progress" label. For instance, Washington's reading scores climbed from 31.6 percent proficient in 2005 to 36.2 percent in 2006. That's significant, but not enough to count as adequate under the law, Challberg-Hale said.

"We're not a failing school," she said. "That label is hurtful."

The commission's profile also recognized Washington's enrichment programs, family groups and dual-language efforts.

Its recommended changes stress fairness in how states assess student achievement, measuring teacher effectiveness and setting high standards for students.

"The recommendations are what I've been hoping and wishing for," Challberg-Hale said.

Across the state and nation, leaders are endorsing changes to make the law more palatable to educators.

Gov. Bill Richardson has taken a more drastic approach, calling for a new national school improvement plan.

In a recent televised debate with his fellow Democratic presidential hopefuls, Richardson said he'd scrap No Child Left Behind because "it doesn't work."

Richardson said the worst thing about the law is it doesn't provide enough funding to help schools and penalizes those not doing well.

In a month or so, Richardson will release details of his plan that would eliminate the pass/fail model for adequate yearly progress, increase school funding and set a national minimum wage for teachers at $40,000 annually, said Pahl Shipley, Richardson for President communications director.

New Mexico education leaders have joined the call for change at the federal level.

State Secretary of Education Veronica Garcia has endorsed more funding for the neediest schools, and fairness and flexibility in the law.

Albuquerque Public Schools Superintendent Beth Everitt has urged schools be recognized for academic growth when student achievement improves, as demonstrated at Washington.

Washington has carried the "failing school" label since 2002, the first year New Mexico ranked its schools based on test scores and other factors, such as attendance.

The national commission's profile of Washington recognizes that a strong school leader and 32 highly qualified teachers can improve learning at a school with a high rate of students in poverty.

The commission concluded:

• Washington is on an upswing;

• Test scores are improving;

• Teachers are collaborating more than ever;

• Teacher training has improved; and

• Fewer Washington students are choosing to leave the school.

"The commission was interested in Washington because of the innovation here, our emphasis on enrichment, rather than remedial work," Challberg-Hale said.

"They were looking at what is effective and how we work with poor students and give them what they need."

She said effective teachers, not just "highly qualified" on paper as required by the law, are the key to achievement in every classroom.

"If you have teachers that only teach to the very top of the class, you don't have an effective teacher," she is quoted in the commission's profile.

Challberg-Hale also said the federal law needs a provision that would help principals remove ineffective teachers from a school.

During the five years of No Child Left Behind, only principals and vice principals have been removed from failing New Mexico schools and replaced with new leaders.

Currently, the law allows reconstitution of the staff, which means all teachers must reapply for their jobs. But that extreme measure has not been used in any New Mexico schools, state officials said.

"We need a better process for moving people without demoralizing the whole staff," Challberg-Hale said. "Some of our most effective teachers may not want to reapply. That would be a loss."