Major NCLB rule changes proposed
With little chance that Congress will be able to reauthorize the No Child Left Behind Act this year, the U.S. Education Department has published a comprehensive series of proposed regulations.
The new rules would greatly increase school districts’ reporting requirements, set a uniform definition of the graduation rate, and strengthen the requirements for restructuring for schools that fail to make adequate yearly progress (AYP).
NSBA Executive Director Anne L. Bryant said the rules would impose “too much in terms of additional administrative requirements and too little in offering relief to schools and school districts in addressing the broad range of unintended consequences of the federal law, especially under the current level of federal funding.”
NSBA believes local school boards now must look to Congress, not the Education Department, to correct the shortcomings in NCLB.
Here are some of the major rules changes proposed by the department:
• Uniform graduation rates -- NCLB requires states and high schools to report graduation rates but states are allowed to set their own definitions, making comparisons difficult.
The proposed rules would define the graduation rate as the number of students who graduate in four years with a regular high school diploma divided by the number of students who form the adjusted cohort for that graduating class. That is the definition agreed to by the National Governors Association.
States would be allowed to propose an alternative definition for limited categories of students who take longer than four years to graduate, such as certain students with disabilities and students in “early college high school” who earn an associate’s degree along with a high school diploma.
Districts and states also must report disaggregate graduation data by subgroup.
• NAEP data -- The department proposes requiring states and school districts to include the most recent results from the National Assessment of Educational Progress in reading and math on the same report card to the public on student achievement on state tests. The idea is to provide “greater transparency” about state standards and assessments.
• Subgroups -- The Education Department believes there are too many students whose test scores are excluded from the determination of AYP at the school level because of the way states have set up their accountability plans.
The proposed rule attempts to correct this problem by requiring states to explain how their subgroup size, confidence intervals, indexes, and definition of full academic year provide statistically reliable information while ensuring the maximum inclusion of subgroups, particularly at the school level.
• Restructuring -- Under the proposed rules, restructuring interventions “must be significantly more rigorous and comprehensive” than actions taken to implement corrective action plans. Merely replacing a principal would not be sufficient to constitute a school’s restructuring plan.
NSBA believes it would be more effective to significantly increase the level of technical assistance to help struggling schools improve rather than simply impose greater penalties.
• Choice and SES -- Several proposed changes are aimed at encouraging more parents to take advantage of school choice and supplemental educational services.
Districts would be required to notify parents of eligible children as far in advance as possible but no later than 14 days before the start of the school year and must clearly highlight the benefits of SES.
Districts would be required to post on their websites the number of students eligible for and participate in SES or choice, a list of SES providers, and a list of schools open to students eligible for school choice.
Currently, districts may allocate up to 20 percent of their Title I funds for SES and public school choice activities, including transportation and parent outreach. Any leftover funds can be reallocated for other Title I purposes.
The proposed rule requires districts to document that they have taken sufficient efforts to promote SES and choice before they can reallocate these funds.
Reproduced with permission from School Board News. Copyright © 2008, National School Boards Association. Opinions expressed in this newspaper do not necessarily reflect positions of NSBA. This article may be printed out and photocopied for individual or educational use, provided this copyright notice appears on each copy. This article may not be otherwise transmitted or reproduced in print or electronic form without the consent of the Publisher. For more information, call (703) 838-6789.