A perfect example would be the high school that I attended. This is a school in a small community (40k people when I attended, maybe 60k now) with a significant amount of wealth. The high school specifically has received massive amounts of donations for both academics and sports. Since the inception of NCLB the school has routinely made AYP however in 2008-2009 the school did not. The reason the school didn't is entirely due to students receiving "Individualized Education Plans" (IEP). With the mainstreaming of special needs and special education students this means that an entire school is being placed on the needs improvement list due to a small subset of the population receiving special education services.
I fully expect that in the next three to five years the vast majority of schools that have routinely made AYP will no longer be able to show adequate growth. When the children of upper middle class families start attending "failing" schools you'll start to hear a lot of complaints about NCLB.
Evidence for this empirical statement?
I will say that the statement relies on the assumption that honest folks cannot get a perfect score consistently. Although, even then, if one person always gets a perfect and the other person goofs up rarely and the business has to lay one of the two off, guess what usually happens?
(There is some idea what an average child can learn in our current system but that's such a small part of the possible state space of educational systems I don't pay much attention to it.)
For good information about what is possible for young learners around the world, see
and
For thoughts on how to improve teaching in United States schools, see (among many other sources)
http://www.ams.org/notices/200502/fea-kenschaft.pdf
or
The obvious difference is that in the case of steroids in sports, it's an arbitrary system designed primarily to entertain people and make money; the outcomes are completely irrelevant to the success of the enterprise as such. In the case of child education, if everyone cheats, no one learns, and we've just raised a generation of dishonest, ignorant children.
If you raise your standards high enough, those who were formerly honest will be forced into cheating while those who remain honest are forced out. If you raise standards high enough, you end up with only cheaters, because past some threshold, it's no longer possible to meet expectations honestly.