Transcript STUDENT CLASSIFICATION

No Child Left
Behind
Overview
Scott F. Johnson, Esq.
NHEdLaw, LLC
www.nhedlaw.com
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About me
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Franklin Pierce Law Center and Concord University
School of Law.
New Hampshire Education Law (NHEdLaw, LLC)
www.nhedlaw.com. Website has resources and the book
New Hampshire Special Education Law Manual: A Guide for
Parents, Educators, & Professionals.
Education Law Resource Center, www.edlawrc.com.
Website has resources mostly on restraints so far and the
book Preventing Physical Restraints in Schools: A Guide for
Parents Educators & Professionals.
Claremont Lawsuit
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Origins
Started in 1965 with Title I
 Elementary and Secondary Education Act
 Authorized grants for elementary and secondary
school programs for children of low-income
families
 Then Goals 2000: Educate America Act of 1994
 Then prior reauthorization of Title I under
Clinton

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Lots of stuff
Standards and assessments
 Highly qualified teachers and paraprofessionals
 Technology
 Boy Scouts & Little League
 Prayer
 Sex education
 Military recruitment
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Legislative purpose
§ 6301. Statement of purpose
“to ensure that all children
have a fair, equal, and
significant opportunity to
obtain a high-quality
education and reach, at a
minimum, proficiency on
challenging State academic
achievement standards and
state academic assessments”
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Legislative purpose
•
This purpose can be
accomplished by--
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Increased TESTING
Attention to LOW
ACHIEVING STUDENTS
Increased
ACCOUNTABILITY
Improved PROGRAM
AND TEACHING
QUALITY
SCHOOL CHOICE
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•
•
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Legislative purpose
This purpose can be accomplished by-(1) ensuring high-quality academic assessments, accountability systems,
teacher preparation, curriculum, and instructional materials are
aligned with challenging State academic standards
(2) so that students, teachers, parents, and administrators can measure
progress against common expectations for student academic
achievement;
(3) meeting the educational needs of low-achieving children in our
Nation's highest-poverty schools, limited English proficient children,
migratory children, children with disabilities, and young children in
need of reading assistance;
(4) closing the achievement gap between high- and low-performing
children, especially the achievement gaps between minority and
nonminority students, and between disadvantaged children and their
more advantaged peers;
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Legislative purpose
This purpose can be accomplished by-ACCOUNTABILITY

holding schools, local educational agencies,
and States accountable for improving the
academic achievement of all students, and
identifying and turning around lowperforming schools while providing
alternatives to students in such schools to
enable the students to receive a high-quality
education;
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Accountability
One
statewide system that
applies to all public schools
and all publicly educated
students.
Testing
Report Cards
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Accountability – Standards &
Assessments
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Must include high standards for students should
know & learn.
Must measure student progress & achievement
towards meeting those goals with tests that are
aligned with the standards and that are valid
and reliable.
ALL students are proficient in language arts or
reading and math within 12 years.
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Standards & Achievement
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describe two levels of high achievement: proficient and
advanced.
achievement levels determine how well children are
mastering the material in the state academic content
standards.
third level of achievement called “basic” is required to
provide complete information about the progress of
students towards meeting the proficient or advanced
levels
NH had curriculum frameworks and NHEIAP.
Now use grade level equivalencies and grade span
expectations in Reading, Writing and Math and the
NECAP.
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Assessment
Enable results to be disaggregated within each state, local
educational agency and school by:
 gender,
 major racial and ethnic group,
 English proficiency status,
 disability status under the IDEA, and
 economically disadvantaged students as compared
to students who are not economically disadvantaged.
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Testing requirements & timelines
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2002-2003: mandatory
participation by state in NAEP
every other year in grades 4 & 8
2005-2006: Reading or
Language Arts & Math in
grades 3-8 every year & once in
grades 10-12
2007-2008: Science once in
grade span 3-5, 6-8, and 10-12
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Testing & accountability - tests
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Report cards
STATE ACCOUNTABILITY ALSO
includes State and local district
report cards
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Concise
Understandable
In a language parents can
understand
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Report cards
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State and local
Report student
achievement on
assessment tests by subgroup
Non-title I schools must
be included
Report students at each
level (basic, proficient,
advanced)
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Report Cards
Shall include:
 Graduation rates
 Names of schools identified for improvement
 Compare achievement levels for groups based
on objectives
 Student achievement each subject, each level,
disaggregated
 Qualifications of teachers including % not highly
qualified
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AYP
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Adequate yearly progress
Schools must demonstrate that their students are improving
at steady and consistent increments each year towards
meeting the requirement of 100 percent of students being at
proficient or advanced levels by 2013-2014
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AYP
ANNUAL YEARLY PROGRESS
 2001-02 starting point
 State defines some flexibility but
must be based primarily on
academic assessment tests
 Must also include graduation rates
for public secondary students and
at least one other academic
indicator as determined by the state
for all public elementary school
students - generally attendance
rates
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AYP
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EVERYONE must make annual %
increase
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EACH subgroup
Racial/Ethnic Groups
Economically disadvantaged
Limited English Proficiency
Students with disabilities
EACH grade
EACH subject
Failure of ANY subgroup
to meet % increase for 2 years in same
content area results in “school
improvement” process
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AYP
95 percent participation rate in each subgroup
factored into AYP
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AYP - Safe Harbor
A
"safe harbor" will be provided for schools that
demonstrate that students in a particular subgroup
are making significant progress toward
proficiency, but have not technically made AYP
10% rule – the percent of students not meeting
proficiency expectations be reduced by 10 percent
If meet the 10 % rule must also meet the other
academic criteria – attendance or graduation rate
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School in need of improvement
1.
2.
Persistently dangerous schools
Fail to make AYP in same content area for any
sub-group for two consecutive years
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Persistently dangerous schools
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Done by NH defined in RSA 193-G
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Only if 3 qualifying incidents occur in 3 consecutive
years:
Homicide
First or second degree assault
Aggravated felonious sexual assault
Arson or robbery
Sale/possession of a firearm or dangerous weapon
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Persistently dangerous
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If designated must offer school choice to all
students to safe public school at the same grade
level in within the local educational agency.
Designation lasts until two consecutive years of
not meeting the three criteria listed.
Must notify parents of the right to transfer
Must provide transportation
Students may stay at safe school until the end of
the last grade level offered at the school from
which they transferred.
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Timeline
Year 1
2001-02
Baseline
Year 2
2002-03
Fail to make AYP
Year 3
2003-04
Fail to make AYP
Year 3
2004-05
1st year improvement
improvement plan,
school choice
Year 4
2005-06
2nd year improvement
Above +
supplemental
services
Year 5
2006-07
Corrective Action
Above + more
Year 6
2007-08
Restructuring
Above + more
and more
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School In Need of Improvement
• Applies only to
schools/districts receiving
Title I, Part A funds.
• School districts identify
the schools that have not
made AYP.
• State identifies districts
that have not made AYP.
• Once identified must:
– notify parents of the
school’s status and options.
– prepare a 2-year school
improvement plan.
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Improvement Plans - details
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Must address how the school/district will make
adequate yearly progress by specifically addressing the
issues that prevented it from doing so in the past.
Must address core academic subjects and the strategies
to teach them.
Must set measurable goals and adopt strategies that
have the greatest likelihood of achieving goals.
Specify implementation responsibilities of school,
district and state.
Specify how funds will be used to remove the school
from improvement status
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Professional Development
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Must set aside ten percent (10%) of Title I funds
for professional development.
Must be provided in a manner that affords
increased opportunity for teachers to participate,
and must incorporate teacher mentoring
activities or programs.
Must be “high-quality,” sustained and
classroom-focused.
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School choice
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Fail to make AYP for 2
consecutive years then
must offer school choice
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School Choice
• Local school district must offer all
students in schools in need of
improvement, corrective action, or
restructuring the opportunity to
transfer to another public school
in the school district.
• priority to low income,
low achieving students
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School Choice
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May go to any public school in the district that is not
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In need of improvement
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Persistently dangerous
Can include specialty and charter schools
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But need not ignore admissions requirements
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District has some discretion in deciding which schools if
more than one option.
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Must consider parental preferences, but do not have to
guarantee or provide first parental choice.
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School choice
May not refuse to
send due to lack of
capacity, i.e.
overcrowding or room,
but do not have to
violate health and
safety codes or preexisting class size
limits.
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School Choice – If no choices
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Must, to the extent practicable, enter cooperative
agreements with schools outside district.
If no options available must tell parents they are
entitled to transfer but can’t.
Supplemental services if eligible. Encouraged to
offer in first year of improvement if no choice,
but not required.
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School choice – How long
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Student permitted to stay at the new school
through highest grade in the school.
Obligation to provide transportation ends when
sending school is no longer in need of
improvement.
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Transportation - Choice
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District must provide as long as in need of
improvement up to funding limits.
Must allocate 20 percent of Title I funds for
choice transportation and supplemental services
Within the 20 percent, 5 percent must go to
transportation.
Another 5 goes to supplemental
The remaining 10 percent can be used on either
or both.
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Transportation - Choice
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If funds insufficient give priority to lowestachieving eligible students from low-income
families.
Must still offer the opportunity to transfer to all
students.
Some other federal funds and state funds can be
used for transportation but don’t have to be.
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Supplemental Services
• Extra academic assistance for eligible
students - low-income students who are
attending Title I schools in need of
improvement
• Available services include
• Tutoring
• Remediation
• Academic intervention
• Specifically designed to increase student
achievement.
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Supplemental Services
• Instruction must take place outside the
regular school day.
• Include providers to work with Limited
English Proficient students and students
with disabilities
• May provide transportation, but don’t have
to.
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Supplemental Services
• The parents choose the supplemental service
provider from a State approved list.
• Providers must be capable of providing
supplemental education services consistent with
the instructional program of the district’s and
state’s academic standards.
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Supplemental services
A provider may be a:
• School entity (public or private)
• Institution of higher education (public or
private)
• Nonprofit or for-profit organization
• Faith based service organization
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Limits
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Continue until no longer in need of improvement.
Up to funding cap in statute for school choice
transportation and supplemental services.
Per child expenditures lesser of:
1) Title I funding per low-income child or
2) cost of services
When more request services than district can fund
must prioritize based on lowest achieving students.
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Corrective Action
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Continue choice and/or
supplemental services
Implement new curriculum
Bring in outside experts
Extend the school day or
school year
Replace staff in areas where
not making AYP
Restructure internal
organization
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Restructuring
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Continue choice &
supplemental services
Replace principal and other
staff
Reopen as charter school
Turn over school to private
company
Turn over school to State
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Two Years
School improvement
status goes away after two
years of AYP.
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Delay
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If school makes AYP for
one year after becoming
school in need of
improvement it delay’s
the status of moving to
the next step of sanctions
on the timeline.
If make AYP the next
year, no longer in need of
improvement.
If don’t make AYP next
year, the next level of
sanctions kick in.
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Timeline
Year 1
2001-02
Baseline
Year 2
2002-03
Fail to make AYP
Year 3
2003-04
Fail to make AYP
Year 3
2004-05
1st year improvement
improvement plan,
school choice
Year 4
2005-06
2nd year improvement
Above +
supplemental
services
Year 5
2006-07
Corrective Action
Above + more
Year 6
2007-08
Restructuring
Above + more
and more
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New Hampshire’s
Accountability Law
RSA 193-H
Applies to all schools.
Title I and non-Title I
Requires only the
improvement plan
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Acronym Game
NCLB
No Child Left Behind
AYP
Adequate Yearly Progress
LEP
Limited English Proficiency
SINI
School In Need of Improvement
SES
Supplemental Educational Services
FBSO
Faith Based Service Organization
PJBSPBDSJM
Pray, join the boy scouts,
play baseball, don’t have
sex, join the military.
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The End
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PowerPoint up on www.nhedlaw.com in the
NCLB for New Hampshire section.
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RSA 193-H:4
This Applies To
To all public elementary and secondary schools in the state (Title I and non-Title I).
Performance
Targets
§ On or before 2013-2014 school year, schools shall ensure that all pupils
are performing at the basic level or above on the statewide assessment.
§ Schools shall meet statewide performance targets relative to state
assessments, attendance rates and percentage of pupils who graduate with a regular diploma
from an approved high school.
Opportunity to
Review and Present
Evidence
Before identifying a school for improvement, the school district shall provide the school with an
opportunity to review the school-level data on which the proposed identification is based. If the
school feels the identification is in error for statistical or other substantive reasons then the
school must provide supporting evidence before a final decision has been made. This decision
must be made not later than 30 days after the school was identified. If the district approves the
school’s appeal, they must submit this appeal to the NHDOE for approval. If the Commissioner l
approves the LEA’s designation that the school has made AYP then the school is no longer
designated as a School in Need of Improvement. If the Commissioner rejects the LEA’s
designation, the LEA may appeal the final decision to the NH State Board of Education. Appeals
to the State Board must be filed within 30 days.
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RSA 193-H:4
The improvement plan must identify and describe:
1.
2.
3.
4.
the areas that caused the school to be identified
the research-based strategies that will improve the identified areas
how district resources, including the district budget, will support the identified school’ in carrying out its plan; and
strategies for parent and family involvement that will increase the likelihood that improvement efforts are successful and
sustained.
In addition, each plan may include the following elements:
a)
the school curriculum, including curricula priorities and instructional materials;
b) instructional models that incorporate researched based practices that have been proven to be effective in improving student
achievement;
c)
formal and informal opportunities to assess and monitor each child’s progress;
d) evidence of data-based decisions;
e)
structural reform strategies that may include schedule, organization, support mechanism, and resources;
f)
shared leadership structure to support school improvement;
g)
professional development that is aligned with school improvement goals;
h) external support and resources based on their effectiveness and alignment with the school improvement plan; and
i)
extended learning activities for students.
State law requires the development of an improvement plan within 90 days of the date the school or district was identified as in need
of improvement
Duration of the plan is two years
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RSA 193-H:4
Sanctions
Annual Progress Review –
NH Law states:” on or before the one-year anniversary of being designated as a school or
district in need of improvement, the commissioner shall designate a progress review team to
evaluate the implementation of the improvement plans and the progress towards state
performance targets. The progress review team shall deliver a report to the state board…” The
progress review team will use the school’s approved improvement plan as the basis for its
review.
If the school is not making satisfactory progress in implementing its plan, the Commissioner
shall issue a notice to the school and shall initiate a process for providing assistance.
Upon the State Board’s review of the progress review team’s recommendation, Commissioner
shall work with the school to review its plan.
If the School Board does not revise the improvement within 60 days or if the State Board does
not improve the revised plan then the Commissioner shall submit to the State Board, in a timely
manner, an improvement plan including methods for implementing. The State Board shall direct
the school board to implement the plan.
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