NCLB Recommendation #38
SUBJECT
Implementation of Sanctions:
Conditions Beyond the Control of Schools and School Districts
P.L. 107-110 PROVISIONS
TITLE I PART A SUBPART 1 SEC. 1116(b)(7)(D) and SEC. 1116(c)(10)(F)
NSBA RECOMMENDATIONS
#38: Schools and school districts should be allowed to defer implementation of sanctions in such cases where they face hardships such as natural disasters or financial difficulties, or experience sudden changes in the enrollments of particular groups of students in the school or within identified groups.
RATIONALE
The proposed change acknowledges that there could be very unique circumstances facing a school or school district such as those receiving displaced students from the Gulf Coast hurricanes.
PROPOSED BILL LANGUAGE
Section 1116(b) (20 U.S.C. 6316(b)) is amended—
In paragraph (7) by amending subparagraph (D) to read as follows:
“(D) Delay.—Notwithstanding any other provisions of this paragraph, the local educational agency may delay, for a period of not to exceed 1 year, implementation of the requirements under paragraph (5), corrective action under this paragraph, or restructuring under paragraph (8) if the school makes adequate yearly progress for 1 year or if its failure to adequate yearly progress is due to—
“(i) exceptional or uncontrollable circumstances, such as a natural disaster;
“(ii) a precipitous and unforeseen decline in the financial resources of the local educational agency or school; or
“(iii) a sudden or significant increase in the number of percentage of students represented by a group described in section 1111(b)(2)(C)(v).
No such period shall be taken into account in determining the number of consecutive years of failure to make adequate yearly progress.”;
Section 1116(c)(10) (20 U.S.C. 6316 (c)(10)) is amended—
In subparagraph (F) to read as follows:
“(F) Delay.—Notwithstanding subparagraph (B)(ii), a State educational agency may delay, for a period not to exceed 1 year, implementation of corrective action under this paragraph if the
local educational agency makes adequate yearly progress for 1 year or its failure to make adequate yearly progress is due to—
“(i) exceptional or uncontrollable circumstances, such as a natural disaster;
“(ii) a precipitous and unforeseen decline in the financial resources of the local educational agency; or
“(iii) a sudden or significant increase in the number or percentage of students represented by any group described in section 1111(b)(2)(C)(v).”.
IMPACT OF CURRENT LAW
Current law does not provide flexibility for schools and school districts to delay sanctions for one year if they experience sudden and major changes in student enrollments due to special circumstances. The 2005 Gulf Coast hurricanes that displaced hundreds of thousands of students illustrate how schools and school districts can be impacted by a surge in enrollments. While the U.S. Department of Education did respond with temporary waivers, a federal policy is needed -- and should include circumstances when unusual sudden increases in enrollments in specific populations that can alter a school or school district, not solely broad-based natural disasters. Since whether a school or school district makes AYP carries serious consequences, NSBA’s recommendation should be incorporated in the law to respond to similar circumstances in the future.
NSBA CONTACT
Reggie Felton, director of federal relations, 703-838-6782 or rfelton@nsba.org.