NCLB rules provide little flexibility on AYP
12/10/02 - Final regulations on the No Child Left Behind Act released by the U.S. Education Department Nov. 26 do not offer as much flexibility on adequate yearly progress (AYP) as local school districts had hoped.
As states begin to develop their state plans for achieving AYP, it remains to be seen how the department will react to these plans within the framework of the regulations.
NCLB requires each state to implement a single, statewide accountability system beginning with the 2002-03 school year. "The secretary realizes that the accountability systems currently in place in many states may not fully meet the statutory and regulatory requirements," the document states. Therefore, it says, "states may continue to use their current accountability systems, consistent with the secretary's July 24 'Dear Colleague' letter."
The final rules clarify that 95 percent of a school's students must take the state's academic assessment for the school to make AYP. The 95 percent includes children whose parents don't want their child to take the assessments. And school officials can't systematically exclude students from being tested.
The proposed rules would have allowed the use of alternate achievement standards for students with the most significant cognitive disabilities for determining the AYP of states and districts, provided that use did not exceed 0.5 percent of all students. The final rules say this provision needs further clarification and the department will issue a new rule to "propose an exception to this policy for a small group of students with disabilities."
A school or district makes AYP if each group of students - based on such factors as race, ethnicity, and socioeconomic status - meets or exceeds the state's annual measurable objectives and meets or exceeds the state's other academic indicators. NCLB requires all students in grades 3-8 to attain proficiency in math and English in 12 years.
Adequate yearly progress
In addition to test scores, the rules require each state to use in determining AYP the high school graduation rate and at least one academic indicator for elementary schools and at least one for middle schools, which can include such factors as retention rates, attendance rates, or the percentage of students in advanced courses.
The final rules clarify that states must measure the graduation rate from the beginning of high school in order to capture students who drop out before reaching 12th grade.
And the rules say, students who drop out should not be counted as transferring to another school, noting, "It is critically important that schools do not make AYP simply because students have dropped out of school."
For a group to be included in the determination of AYP, "the number of students in the group must be sufficient to yield statistically reliable information."
If students in any group in a school or district do not meet the state's annual measurable objectives, the school or district makes AYP if "the percentage of students in that group below the state's proficient achievement level decreased by at least 10 percent from the preceding year; and that group made progress on one or more of the state's academic indicators."
For the purpose of determining whether a school or district has made AYP, a state may average data from the school year for which the determination is made with data from one or two school years immediately preceding that school year.
In determining the AYP of a district, a state must include all students who were enrolled in schools in the district for a full academic year, as defined by the state.
Districts must identify for school improvement any elementary or secondary school that fails to make AYP for two consecutive years.
The rules permit a district to delay for up to one year the implementation of requirements under the second year of school improvement, under corrective action, or under restructuring if the school makes AYP for one year "or the school's failure to make AYP is due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the financial resources" of the district or school.
Public school choice
If a district identifies a school as in need of improvement, it must provide all students enrolled in that school with the option to transfer to another public school and ensure that the school receives technical assistance.
Districts must pay for the transportation of students electing to transfer to schools under the choice school provision. In providing choice, districts must give priority to the lowest-achieving students from low-income families.
The schools to which students may transfer may not include schools that have been identified for improvement, corrective action, or restructuring; or have been identified by the state as "persistently dangerous."
Districts must give parents of students eligible to transfer a choice of more than one such school.
The final rules specify that a district "may not use lack of capacity to deny an eligible student the opportunity to transfer to another school."
If a student exercises the choice option, the district must permit the student to remain in that school until the student has completed the highest grade in the school.
If there are no eligible schools within a district, the district must establish a cooperative agreement for a transfer with one or more other districts in the area.
A district subject to a desegregation plan, whether voluntary or court-ordered, is not exempt from the choice requirement.
Supplemental services
If a school still fails to make AYP by the end of the first full school year after the district has identified it for improvement, the district must make supplemental educational services or public school choice available to all students.
A new provision, not in the proposed rules, clarifies that students with limited English proficiency and students with disabilities must receive appropriate supplemental services - which includes language assistance and accommodations.
State education agencies must maintain an updated list of approved providers, including any technology-based or distance-learning providers, from which parents may select.
They also must develop, implement, and publicly report on standards and techniques for monitoring the quality and effectiveness of the services offered by each approved provider and withdrawing approval from a provider that fails, for two consecutive years, to contribute to increasing the academic proficiency of students receiving supplemental services.
The regulations permit these services to be provided by non-profit entities, for-profit entities, local school districts, educational service agencies, public schools, including public charter schools, and private schools. However, schools identified as in need of improvement may not offer supplemental services.
Providers must have a demonstrated record of effectiveness in increasing the academic achievement of students in subjects relevant to meeting the state's academic content and achievement standards.
The final regulations remove a provision in the proposed rules that prohibited states from requiring supplemental services providers to use instructional strategies based on scientifically based research. The supplemental programs, however, must be "research based."
Corrective action
Continuing identification of a school as in need of improvement will lead to "corrective" action, then to "restructuring." The rules define "corrective action" as actions by the district in response to the "consistent academic failure" and "any underlying staffing, curriculum, or other problems in the school."
At that point, the district must either replace the school staff; fully implement a new research-based curriculum; significantly decrease management authority at the school level; appoint one or more outside experts to advise the school on its improvement plan; extend the length of the school year or school day; or restructure the internal organization of the school. It also must continue to provide choice and supplemental services.
If a district identifies a school for restructuring, it must prepare a plan to carry out one of these alternative governance arrangements:
• reopen the school as a public charter school;
• replace all or most of the school staff;
• enter into a contract with an entity, such as a private management company, to operate the school as a public school;
• turn the operation of the school over to the state;
• or carry out other major governance restructuring.
Qualifications of teachers
School districts must ensure that all teachers in Title I programs hired after the first day of the 2002-03 school year who teach core academic subjects are "highly qualified." This includes teachers hired by districts to serve Title I students in private schools.
By the end of the 2005-06 school year, all teachers of core academic subjects must be "highly qualified."
The term "core academic subjects" means English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography. The rule does not apply to vocational education teachers, unless they also teach a core subject.
To be considered "highly qualified," a new teacher must have obtained full state certification, which may include certification obtained through alternative routes, or have passed the state teacher licensing examination and hold a license to teach in the state.
At the secondary school levels, new teachers must demonstrate a high level of competency by having a college degree or passing a rigorous state test in each academic subject he or she teachers.
Districts also must ensure that minority students and students from low-income families are not taught at higher rates than other students by unqualified, out-of-field, or inexperienced teachers.
Paraprofessionals
All paraprofessionals must have earned a secondary school diploma or its recognized equivalent.
"New paraprofessionals" - which refers to those hired after Jan. 8, 2002, must have:
• completed at least two years of study at an institution of higher education; or
• obtained an associate's or higher degree; or
• met a rigorous standard of quality, and can demonstrate - through a formal state or local academic assessment - knowledge of, and the ability to assist in, instructing reading, writing, and mathematics or readiness in those subjects.
Paraprofessionals hired before Jan. 8, 2002, have until Jan. 8, 2006, to meet the new requirements.
Aides who provide only non-instructional duties (such as providing technical support for computers, providing personal care services, or performing clerical duties) do not have to meet these requirements. Aides who work solely as translators or parent liaisons also do not need to meet these new requirements.
According to the regulations, "a paraprofessional may not provide instructional support to a student unless the paraprofessional is working under the direct supervision of a teacher."
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| Reproduced with permission from the Dec. 10, 2002, issue of School Board News. Copyright © 2002, 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. |