NCLB Recommendation #25
SUBJECT
Public School Choice: Student Eligibility
P.L. 107-110 PROVISIONS
TITLE I PART A SUBPART 1 SEC. 1116(b)(1)(E)(i); SEC. 1116(b)(7)(C)(i) and SEC. 1116(b)(8)(A)(i)
NSBA RECOMMENDATIONS
#25: Transfer options should be available only to low-achieving students within the subgroups that did not make AYP, not all students in a school.
RATIONALE
The current policy does not target students who are low performing. It has resulted in an unintended consequence that higher performing, more affluent students opt for the transfer out of a school identified for improvement, leaving the school less likely to improve its performance in subsequent years.
PROPOSED BILL LANGUAGE
Section 1116(b) (20 U.S.C. 6316(b)) is amended—
In paragraph (1)(E)(i)—
By striking “In the case” and inserting “Consistent with subparagraph (G)*, in the case”;
By striking “all students enrolled in the school” and inserting “students who failed to meet the proficient level of achievement on the assessments described under section 1111(b)(3) and are in the group whose academic performance caused the identification under this paragraph”; and
In paragraph (7)(C)(i)—
By striking “all”; and
By striking “another” and inserting “an other”;
In paragraph (8)(A)(i)—
By striking “all”; and
By striking “another” and inserting “an other”;
*Note: (G) is a newly proposed subparagraph, its letter may vary in the final bill.
IMPACT OF CURRENT LAW
NCLB allows all students attending a school identified as needing improvement to transfer to a different school. This policy does not target students who are most at risk and has resulted in higher performing students opting to transfer. The administrative burden of notifying parents of all the students and making sure they are aware of the option causes many school districts to shift funds from other programs serving Title I students. NSBA’s recommendation will allow school districts to strategically spend the required 20 percent set-aside in Title I allocations for students who are the lowest performing.
NSBA CONTACT
Reggie Felton, director of federal relations, 703-838-6782 or rfelton@nsba.org.