Transcript Elementary and Secondary Education Act No Child Left Behind

Elementary and Secondary
Education Act
No Child Left Behind
October – 2008
Rule Changes
April 1, 2009 - Policy Letter
Summary
The majority of the rules remain as written
April 1, 2009 - Policy Letter
Proposed Changes:
1. Repeal Accountability
Workbook Revision for
Peer Review
Exceptions:
1. Peer Review of State’s
Graduation Rate
2. 14-Public School Notice to
Parents
2. On-year Waiver
3. December, 2002 SES Rule
Prohibiting
Schools/Districts in
Improvement from
Becoming an SES Provider
3. Contingent Upon Waiver
Approval
Accountability Workbook Review
Further
Rulemaking
Requires each state to submit for peer review a
revised Accountability Workbook that reflects
requirements in rules regarding AYP definitions
(e.g.,n-size, inclusion, graduation rate).
[34 CFR 200.7(a)(2)(ii),(iii)]
Approval of SES Providers
Further
Rulemaking
Prohibits a state from approving as an SES
provider a school identified for improvement,
corrective action, or restructuring, or a district
identified for improvement or corrective
action.
[34 CFR 200.47(b)(1)(iv)(A) ]
Multiple Measures
Clarifies the requirement that State
assessments involve multiple measures of
student achievement.
[34CFR 200.2(b)(7) ]
AYP Definition
Requires a State’s subgroup size to yield
statistically reliable information while ensuring
maximum inclusion o student subgroups.
[CFR 34 200.7(a)(2)(i)]
NAEP Data – State and District Report
Cards
Requires each State and District to include on
its respective report card the most recent
NAEP reading and math results for the State
(data must be disaggregated by student
subgroup on the State report card).
[34 CFR 200.11(c)]
Graduation Rate: Definition
• Requires each State to report a four-year
adjusted cohort graduation rate and use it for
AYP purposes in the aggregate and
disaggregate by subgroup.
• Allows a State to establish an extended-year
adjusted cohort graduation rate.
[CFR 200.19(b)(1)]
Graduation Rate: Goals and Targets
Requires the State to set a single graduation
rate goal that represents the rate the State
expects all high schools in the State to meet
and annual graduation rate targets that reflect
continuous and substantial improvement from
the prior year toward meeting or exceeding
the graduation rate goal.
[34CFR 200.19(b)(3)]
Peer Review of Graduation Rate
Information
Requires a State to submit its Accountability
Workbook for peer review of certain
information about its graduation rate.
[34CFR 200.19(b)(6)]
Growth in AYP
Permits a State to propose to ED the inclusion
of measures of individual student growth in its
definition of AYP.
[34CFR 200(h)]
National Technical Advisory
Committee
Established the NTAC to advise the Secretary
on technical issues related to State standards,
assessment, accountability systems.
[34CFR 200.22]
Same Subject Identification
• Permits a district to identify a school or a State to
identify a district for improvement if the school or
district does not meet the annual measurable objective
in the same subject for two consecutive years.
• Prohibits a district or State from limiting identification
for improvement to schools or districts that miss AYP in
the same subject and the same subgroup for two
consecutive years.
[34CFR 200.32 and 200.50]
Public School Choice Notice to Parents
Requires a district’s notice to parents of
eligible students of the availability of public
school choice to be provided at least 14 days
before the start of the school year.
[34CFR 200.37(b)(4)(iv)]
Supplemental Educational Services
Notice to Parents
• Requires a District to notify parents of eligible
students of the availability of SES in a manner
that is clear and concise, as well as clearly
distinguishable from other school improvement
information that parents receive.
• Requires a District to notify parents of the
benefits of receiving SES.
• Requires a District to indicate those providers
who are able to serve students with disabilities or
limited English proficient students.
[34CFR 200.37(b)(5)]
Posting Public School and
SES Information
Requires a district to post on its Website
certain information on its implementation of
public school choice and SES.
• The amount of funds available for choice-related
transportation and SES.
• The per-pupil amount for SES.
[34CFR 200.39(c)
Restructuring
Clarifies the actions a District must take when
schools are in restructuring.
[34CFR 200.43]
Public School Choice
Conforms when notice of public school choice
is required with change in CFR
34.200.37(b)(4)(iv).
[34CFR 200.44]
State Responsibilities for SES
Requires a State to post on its website, for
each District, the amount the District must
spend for SES and choice-related
transportation (20 percent obligation) and
data on the District’s per-pupil allocation.
[34CFR 200.47(a)(1)(ii)(B)]
State Responsibilities for SES
Requires a State to indicate on its list of
approval providers which providers are able to
serve students with disabilities or limited
English proficient students.
[200.47(a)(3)(ii)]
State Responsibilities for SES
Requires a State to develop, implement, and
publicly report on standards and techniques
for monitoring District’s implementation of
the SES requirements.
[34CFR 200.47(a)(4)(iii)]
State Responsibilities for SES
Requires a State to approve and monitor SES
providers using certain specified criteria.
[34CFR 200.47(b),(c)]
Costs for Parent Outreach for Choice
and SES
Allows a District to count costs for parent
outreach and assistance toward meeting its 20%
obligation for public school choice related
transportation and SES funding (up to an amount
equal to 0.2 percent of its Title I, Part A
allocation.
[34CFR 200.48(a)]
20 Percent Obligation
• Requires an District that does not meet its 20% obligation
for choice-relate transportation and SES to spend the
unexpended amount in the following school year unless it
meets certain criteria.
• Allows a District that meets these criteria to use funds it
would otherwise use to meet its 20% obligation on other
allowable Title I costs.
• Requires a State to review certain Districts and to complete
each such review by the beginning of the next school year.
[continued on next slide]
20 Percent Obligation
• Requires a District that the State determines
has failed to meet these criteria to:
– Spend an amount equal to its unspent funds in
the subsequent school year, in addition to the 20%
obligation for the subsequent year; or
– Meet the criteria and obtain permission from the
State before spending less in the subsequent year
than it is required to spend.
[34CFR 200.48(d)
Fall 2008 - Title I Rules
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The U.S. Department of Education has new
regulations for Title I of the ESEA with the
intent of building on the advancements of
state assessment and accountability systems,
as well as strengthening the public school
choice and supplemental educational services
(SES) provisions of the No Child Left Behind
Act of 2001.
Fall 2008 - Title I Rules
1. Read through the rule given to you.
2. What impact will instituting this rule have on
our schools? Districts?
3. Share your rule and conclusions with those
sitting near you.
4. Pick one rule from your group to share with
the workshop participants.
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Fall 2008 - Title I Rules
 Final regulation 200.11 requires that States and districts
include on its report card the most recent available
academic achievement results in grades four and eight of
the State’s National Assessment of Education Progress
(NAEP) in reading and mathematics. Districts will have to
report the aggregate results and the States will have to
report disaggregated data, including the participation rates
for students with disabilities and limited English proficient
students. How LEAs and SEAs convey the State assessment
results with the State’s NAEP to parents without causing
confusion will be a challenge, especially since policy
insiders have a hard time with this. Yet, ED intends to
provide guidance to States on how to best convey this
information to parents and the public in “clear and simple
terms.”
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Fall 2008 - Title I Rules
 Final regulation 200.19 establishes the new uniform high school
graduation rate requirements. The regulation provides a detailed
discussion on how to remove students from the cohort of the new
required four-year graduation rate and the optional extended-year
graduation rate. For each cohort (the four and extended-year) a student
may only be removed from the denominator if that student falls into one
of three categories: transfer out, emigrate, or die during one of the four
or more years calculated for the particular cohort. Official documentation
is required for students to transfer out. Official documentation is not
required for students who are deceased or who have emigrated to
another country. LEAs must confirm this fact in writing, but it need not be
official documentation. What qualifies for official and non-official
documentation, however, is a gray area.
 Accordingly, ED plans to provide non-regulatory guidance to States on
how to obtain official written documentation of a student’s transfer and
what will qualify for non-official documents. (Hint: it needs to be
verifiable during an audit). ED also states that it will provide guidance to
States on ways to count students who enter or exit a subgroup during
high school.
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Fall 2008 - Title I Rules
 The new 200.19 graduation rate requirements also affect
how States will calculate their adequate yearly progress
(AYP). All states will have to use a four-year adjusted
cohort analysis. In order to provide flexibility for students
that, for whatever reason, are unable to graduate within
four years, the State may use an extended-year rate. This
begs the question: how will a State determine AYP if it is
calculating a four-year rate and an extended-year(s) rate?
ED plans to issue non-regulatory guidance providing more
specific examples of how a State might use its four-year
rate and extended-year rate in AYP calculations.
Regardless of the methodology, the regulations make it
clear that a State must report its four-year rate separately
from any extended-year rate.
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Fall 2008 - Title I Rules
 Final regulation 200.37(b)(5) creates new LEA requirements
regarding annual supplemental educational services (SES) notice.
The new regulation requires that the district's annual notice to
parents of the availability of SES include an explanation of the
benefits of receiving SES and require that the notice be “clear and
concise” and “clearly distinguishable” from other school
improvement information sent to parents. The manner of
compliance is subject to interpretation. Will it be multiple mailings?
(ED has clarified that multiple mailings are not required). Will the
"clearly distinguishable" notice draw attention away from other
information? And must the LEA describe the benefits of SES if
those benefits are uncertain or only potential benefits? To help
clarify the matter, ED stated that it will provide non-regulatory
guidance containing one or more sample notification letters that
include the elements required in the regulations.
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Fall 2008 - Title I Rules
 Final regulation 200.22 creates a National Technical
Advisory Council (NTAC) and establishes the purposes of
the NTAC. The NTAC will consider and advise ED on
complex technical assessment and accountability issues
that affect all States. The NTAC will consist of experts in
the field of educational standards, assessments,
accountability, statistics, and psychometrics. According to
the regulations, ED intends to use the advice from the
NTAC to inform the peer review process and provide nonregulatory guidance to States. As such, it is likely that the
broad advisory role of the NTAC will make its way into the
non-regulatory guidance that ED issues on the assessment
and accountability issues.
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