The NAEP scores they focus on do not correspond in most
of the cases to the relevant years in which the court orders were actually implemented; they ignore the fact that, as in Kentucky,
initial increases in funding are sometimes followed by substantial decreases in later years; and their use
of NAEP scores makes no sense in a state like New Jersey, where the court orders covered only a
subset of the state's students (i.e., students in 31 poor urban school districts) and not the full statewide
populations represented by NAEP scores.