updated 4/22/2008 12:23:43 AM ET 2008-04-22T04:23:43

Unable to push education fixes through Congress, the Bush administration is taking its own pen to the No Child Left Behind law.

The Education Department plans to make a host of changes to the education law through regulations being unveiled Tuesday, according to administration sources who spoke on condition of anonymity because the new rules had not yet been published.

Among the biggest changes will be a requirement that by the 2012-13 school year, all states must calculate their high school graduation rates in a uniform way.

States currently use all kinds of methods to determine their graduation rates, many of which are based on unreliable information about school dropouts, leading to overestimates.

States will be told to count graduates, in most cases, as students who leave on time and with a regular degree. Research indicates students who take extra time or get alternatives to diplomas, such as a GED, generally don't do as well in college or the work force.

States can still set own goals
While states will no longer be able to use their own methods for calculating grad rates, they will still be able set their own goals for getting more students to graduate. Critics say that allows states to set weak improvement goals.

The six-year-old education law is President Bush's signature domestic policy initiative. The law requires testing in reading and math in grades three through eight and once in high school. The stated goal is to get all kids working at grade level by 2013-14.

Lawmakers recently tried but were unable to pass an updated version of the law due to disagreements over how to judge schools and teachers, among other things. Without a renewal, the existing law stands.

Education Secretary Margaret Spellings has been taking steps in recent months to make changes from her perch. However, the proposed regulations amount to the most comprehensive set of administrative changes she has sought so far.

The regulations call for a federal review of state policies regarding the exclusion of test scores of students in racial groups deemed too small to be statistically significant or so small that student privacy could be jeopardized. Critics say too many kids' scores are being left aside under these policies.

Few students receive available tutoring
The regulations also call for school districts to demonstrate that they are doing all they can to notify parents of low-income students in struggling schools that free tutoring is available. If the districts fail to do that, their ability to spend federal funds could be limited under the proposal. The department estimates only 14 percent of eligible students receive tutoring available to them.

An even smaller percentage of kids who are allowed to transfer to higher-performing schools make that switch, in part because they aren't always informed of vacancies on time. The regulations require schools to publicize open spots at least 14 days before school starts.

The administration's proposal also would tighten the rules around the corrective steps schools must take once they've failed to hit progress goals for many consecutive years.

The administration is seeking public comments before finalizing the regulations in the fall.

Copyright 2008 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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