NCLB Recommendation #36
SUBJECT
Implementation of Sanctions on School Districts:
Grade Span Performance
P.L. 107-110 PROVISIONS
TITLE I PART A SUBPART 1 SEC. 1116(c)(10)(B)(ii)
NSBA RECOMMENDATIONS
#36: The application of corrective action sanctions to restructure an entire school district should occur only when it fails to make AYP in the same subject in each of the grade spans or as averaged across all grades.
RATIONALE
This recommendation provides a reasonable approach for determining whether a school district as a composite of grade spans or grade levels is making AYP.
PROPOSED BILL LANGUAGE
Section 1116(c)(10) (20 U.S.C. 6316(c)(10)) is amended—
In subparagraph (B) by amending clause (ii) to read as follow:
“(ii) shall take corrective action with respect to a local educational agency—
“(I) that fails to make adequate yearly progress, as defined by the State, in the same subject, in either (at the option of the State) each grade span (as determined by the State) or averaged across all grades, for a group described in section 1111(b)(2)(C)(v) by the end of the second full school year after the identification of such agency under paragraph (3);
IMPACT OF CURRENT LAW
NSBA’s recommendation will incorporate in the law the U.S. Department of Education’s current policy on identification of school districts for improvement by grade spans, as outlined in a March 2006 guidance letter to states. ED has allowed states to identify school districts for improvement based on failing to make AYP in the same subject in all grade spans for two consecutive years. Many states have requested amendments to be able to implement this practice. Identification of a school district as not making AYP because one grade or one grade span misses AYP when the district as a whole is not failing AYP over-represents the need for sanctions in the district.
NSBA CONTACT
Reggie Felton, director of federal relations, 703-838-6782 or rfelton@nsba.org.