The Education Commission of the States, a Denver nonprofit education research group, examined state progress and found that most states have made gains in developing policies to comply with the law. The law requires that schools make annual progress toward having all students proficient in core subjects by 2014, which has proven a challenge in Hawai'i and across the nation.

Sixty percent of Hawai'i schools failed to make their targets in the 2002-2003 school year and 25 schools are working with intervention teams to avoid sanctions after several years of poor performance. U.S. Rep. Ed Case, D-Hawai'i, was so concerned about the state's record that he asked for help from the U.S. Department of Education.

The report released today looked at 40 key requirements under the law, from developing math and reading standards to policies that measure school improvement and teacher quality. In Hawai'i, according to the report, the state Department of Education has met or was on track toward meeting most of the requirements.

But researchers said Hawai'i needs to provide professional development for teachers to meet the law's requirement that teachers in core classes be highly qualified. Hawai'i was among 38 states and the District of Columbia that needed to do more in professional development. The report also found that Hawai'i was among 11 states and the District of Columbia that need to develop policies to restructure failing schools. The DOE has outlined the possible sanctions for schools that persistently fall behind, including the replacement of school staff, but no school has reached that threshold.

Nationwide, the report found that all states had met or were closer to meeting at least half of of the 40 key requirements of the law.

Clayton Fujie, the deputy superintendent of the DOE, said schools are making an intense effort to comply. "We're spending a lot of time trying to meet all of the criteria," he said.

In broader findings, the report, developed through a $2 million grant from the federal education department, urged states to embrace the law as a civil-rights issue that could help low-income and minority students who have struggled in public schools. The report also recommended that schools target academic growth by all students, not just low performing students.

The report urged Congress to reassess how annual school progress is determined, perhaps by following students over time, which could provide a more accurate picture of student performance.

State Rep. K. Mark Takai, D-34th (Pearl City, Newtown, Royal Summit), who has called for alternative ways to measure school progress, said low-income, special education and second-language students do not always learn at the same pace as other students yet are held to the same targets under the law.

"It's basically setting up schools for failure," said Takai, who was attending an Education Commission of the States conference in Orlando, Fla., where the report was released.