NCLB Recommendations #19 and #20
SUBJECT
AYP Determinations: Multiple Assessments
P.L. 107-110 PROVISIONS
TITLE I PART A SUBPART 1 SEC. 1111(b)(3)(C)
NSBA RECOMMENDATIONS
#19: The higher score achieved by a student who is assessed more than once on the same subject prior to the beginning of the next school year should be used as the sole score for that students for the purposes of determining AYP.
#20: If a student scores proficient or above on an assessment taken prior to the academic year in which that assessment is normally offered, that student’s score can be counted for the purpose of determining whether AYP was met. However, if that student fails to score at the proficient level, that student’s score will not be counted for determining AYP.
RATIONALE
If a student scores proficient or above after the official test dates but before the beginning of the next school year, treating that student and possibly the subgroup as not meeting AYP is not an accurate representation of the school’s performance. In addition, allowing states and school districts to “bank” a student’s proficient score on a test that is normally given in the following year is both reasonable and consistent with several state plan approvals by the U.S. Department of Education.
PROPOSED BILL LANGUAGE
Section 1111(b)(3)(C) (20 U.S.C. 6311(b)(3)(C)) is amended—
In clause (xiv) by striking “and” at the end;
By redesigning clause (xv) as clause (xvii); and
By inserting after clause (xiv) the following:
“(xv) at the option of the local educational agency, be administered multiple times to any such student during the school year, or (at the option of the State) a subsequent date prior to the beginning of the next school year, provided that the local educational agency shall determine which score of any such administration be used for determining adequate yearly progress;
“(xvi) at the option of the school district, measure the achievement of student as if such student were in the grade level proceeding the grade level of such student, provided that—
“(I) if such student meets the proficient level of achievement for such proceeding grade level, such score shall be used to determine adequate yearly progress for such proceeding grade level; and
“(II) if such student does not meet the proficient level of achievement for such proceeding grade level, such score is not used for the purposes of determining adequate yearly progress; and”.
IMPACT OF CURRENT LAW
The U.S. Department of Education does not allow all states to count toward AYP the proficient scores from tests that are taken after the official testing date. If a student fails the test the first time during the official spring administration but, after remediation, scores proficient in a subsequent test on the same subject, that proficient score cannot be counted for AYP that year. This practice is particularly troubling in states where students are given multiple opportunities to pass a test on the same subject. NSBA’s recommendation will allow a school or school district to revise its AYP data based on the scores from retests that take place after the official testing period but prior to the next school year.
NSBA CONTACT
Reggie Felton, director of federal relations, 703-838-6782 or rfelton@nsba.org.