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The introduction to this legislation states that "In America, no child should be left behind. Every child should be educated to his or her full potential." Mandating standards and tests in and of itself cannot erase the fact that children from homes where parents have little education and minimal resources have many strikes against them.

Evidence indicates that the "digital divide" gets larger each day. Children in homes with computers have huge advantages over those without such technology. While neurologists have extolled the virtues of high-protein diets for brain growth and development of young children, the economically disadvantaged continue to be plagued with high-carbohydrate diets, even in Head Start and public-school food service programs. Evidence indicates that more time on task helps to advance learning. The few efforts to increase the school year have mainly focused on poorly structured remedial summer programs doomed from their inception with the "punishment brand."

Empirical research does not support the belief that all children can learn the same curriculum, in the same amount of time, and at the same level. The problem with such an unsubstantiated belief is that it may be used to deny differential financial support for those who come to school with environmental disadvantages. Not all children have high-quality nutrition, stimulating homes, and extensive learning opportunities prior to entering school.