Critics give the failing schools report an "F" in fairness. (Notebook: educations information from schools, business, research and professional organizations).

Ready or not, here it comes. Most districts feel anything but ready for the new federal mandate that gives students in "failing schools" a transfer option. "The timeline is very, very short," says Jim Murphy, executive director of the New Jersey Association of School Administrators.

Released in July, the list includes schools that failed to meet state-defined standards at least two years in a row. While Congress increased school aid funding from $18.6 to $22.1 billion to help with associated costs, it's not likely enough. The transfers cause other issues, too, such as how crowded schools can fit more students. "It sounds good on paper, but there [are] a number of logistical and academic issues that have to be worked out," says Brett McFadden, legislative advocate for the Association of California School Administrators.

The U.S. Department of Education concedes that state comparisons are not valid because states define school progress differently. However, states with higher standards and established accountability systems are questioning the validity of the list itself.

"Just because somebody produces a list, doesn't mean the list is accurate. None of our schools are failing schools. It's as simple as that," says Carl Barbed, assistant superintendent at Greenville (Mich.) Public School District, where all four elementary schools made the list. Michigan's accountability system was meant to help schools with areas that need attention, not identify failing schools, he says. Schools that don't improve in even one of four content areas were labeled as failing on the federal list.

Data from Kentucky has also been used out of context, educators say. Kentucky Department of Education spokeswoman Lisa Gross says, "We're not punitive, like the federal system is. We provide assistance." But she's most upset that the list is based on 1998-2000 data. The state got permission to issue a new list in mid-September with the new 2002 data--but Gross doesn't know if the transfer option will still have to be implemented now. "The responses I've seen ... raise more questions," she says.

Some states are trying to help with legislation of their own. In Illinois, for example, districts are exempt from having to transfer students into crowded schools, and transfers that disrupt court-issued desegregation orders are also exempt.

Meanwhile, districts everywhere are notifying parents of their options, plus explaining why they feel certain schools should not be on the list. Leestown Middle School in Fayette County, Ky., for example, is hosting three meetings to share how the school has been boosting achievement, says Middle School Director Diane Woods. Despite the negative press, parents probably already know if their children's schools are good ones, Barberi says. "The only response that I've received [from parents] is a response of support."

Adding to the confusion, USA Today reported that at least 19 schools that received the federal government's highest honor in the last five years were classified as failing in 2002.

The newspaper compared Blue Ribbon schools from 10 states, a total of 1,154, to the list of 8,652 "failing" schools list At least seven schools were ranked as winners and "failing" in the same year, while three more had received the Blue Ribbon prize just a month before the "failing" list was released. www.ed.gov

Title I Schools Identified for Improvement

Alabama                   57
Alaska                    11
Arizona                  344
Arkansas                   0
California             1,009
Colorado                 154
Connecticut               28
Delaware                  20
District of Columbia      12
Florida                  246
Georgia                  625
Hawaii                    85
Idaho                     88
Illinois                 435
Indiana                   97
Iowa                      26
Kansas                   118
Kentucky                 107
Louisiana                 24
Maine                     19
Maryland                 118
Massachusetts            259
Michigan               1,513
Minnesota                 79
Mississippi              122
Missouri                  63
Montana                   68
Nebraska                 105
Nevada                    19
New Hampshire              4
New Jersey               274
New Mexico                63
New York                 529
North Carolina            17
North Dakota              20
Ohio                     760
Oklahoma                  33
Oregon                     9
Pennsylvania             256
Puerto Rico              234
Rhode Island              34
South Carolina            31
South Dakota              13
Tennessee                132
Texas                    121
Utah                      22
Vermont                   28
Virginia                  35
Washington                60
West Virginia             13
Wisconsin                113
Wyoming                    0
TOTAL                  8,652

Source. U.S. DOE