NCLB Recommendation #37
SUBJECT
Implementation of Restructuring Sanctions:
Percentage of Students Failing to Meet AYP
P.L. 107-110 PROVISIONS
TITLE I PART A SUBPART 1 SEC. 1116(b)(8)(A) and SEC. 1116(c)(10)(B)(ii)
NSBA RECOMMENDATION
#37: Restructuring should be implemented only when the total number of students in the groups not scoring proficient or above exceeds 35 percent of that school or school district’s enrollment in the grade levels tested for AYP.
RATIONALE
The current restructuring provision does not strategically respond to the specific needs schools and school districts have when only a small percentage of their students are unable to score proficient. Why restructure a whole school rather than intensifying interventions under these circumstances?
PROPOSED BILL LANGUAGE
Section 1116(b) (20 U.S.C. 6316(c)) is amended—
In paragraph (8)(A) by inserting after “adequate yearly progress” the following: “in the same subject for the same group of students and the total number of students who did not meet or exceed the proficient level of academic achievement (who are members of a group described in section 1111(b)(2)(C)(v) that did not make adequate yearly progress exceed 35 percent of all students enrolled in such school who tool the assessment in such subject”;
Section 1116(c)(10) (20 U.S.C. 6316(c)(10)) is amended—
In subparagraph (B) by amending clause (ii) to read as follows:
“(ii) shall take corrective action with respect to a local educational agency—
*“(II) whose total number of students (who are numbers of a group described in section 1111(b)(2)(C)(v) that did not meet or exceed the proficient level of academic achievement exceed 35 percent of all students enrolled in a school in such agency who took the assessment in such subject and averaged across all grades;
*Note: (ii)(II) is a newly proposed clause, its number may vary in the final bill.
IMPACT OF CURRENT LAW
Under current law an entire school or school district can be identified for restructuring and face serious consequences such as state or private management takeover or replacement of all the staff. This sanction can be triggered by the performance of 30 students if the N-size is set at 30 – regardless of the performance of the majority of students in the school or school district. That means a school or school district can be in restructuring and subject to major operational changes even if the number of students who are unable to score proficient is relatively small, and the rest of the school is successful. Why reconstitute the entire school or school district because of that? This type of drastic action does not target the needs of the schools or students that need extra help to be successful. Besides, schools and school districts currently only have one year to implement improvement strategies after they are identified under “corrective action.” NSBA’s recommendation will allow schools and districts that are not systemically failing more time to target interventions on specific low-performing students or groups and limit major restructuring to those with more than 35 percent of their students scoring non-proficient.
NSBA CONTACT
Reggie Felton, director of federal relations, 703-838-6782 or rfelton@nsba.org.