NCLB Recommendations #27 and #28
SUBJECT
Public School Choice: Transfer Options and Special Conditions
P.L. 107-110 PROVISIONS
TITLE I PART A SUBPART 1 SEC. 1116(b)(1)(E)(i); SEC. 1116(b)(1)(E) and SEC. 1116(b)(7)(C)(i) and SEC. 1116(b)(8)(A)(i)
NSBA RECOMMENDATIONS
#27: Districts need to only offer a student the option to transfer to one other school.
#28: A school should not have to receive a student under the choice option if doing so would violate local health, safety or class size policies, cause overcrowding, require new construction and substantial amounts of travel among other conditions.
RATIONALE
The current school choice provision does not take into account specific situations relating to students’ health, safety and learning environment that can prevent school districts from offering transfer options to students. As more schools are moving forward on the NCLB sanctions trail, more schools are required to offer school choice in schools identified as needing improvement. In some cases, the choices of schools available within a district to receive transferred students are limited due to the number of schools in improvement. Under those circumstances the law’s intent would be met and made administratively more workable if students have one transfer option.
PROPOSED BILL LANGUAGE
Section 1116(b) (20 U.S.C. 6316(b)) is amended—
In paragraph (1)(E)(i)—
By striking “another public school” and inserting “one other public school identified and”;
In paragraph (1)(E) by adding the end the following:
“(iii) Special Conditions.—A local educational agency shall not be required to implement the transfer of a student to a school under this subparagraph if doing so would—
“(I) violate a State of local law or policy relating to health, safety, or class size;
“(II) result in overcrowding, the installation of mobile classrooms, construction of classrooms, or other significant capital improvements in that school; or
“(III) be impractical due to distance, geographical barrier or hazards, time or travel, or unusually high cost of travel.”;
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”;
IMPACT OF CURRENT LAW
A school designated under public school choice may be forced to enroll additional students even if the additional students result in overcrowding, create additional challenges in terms of health and safety, or adversely impact teacher and student ratios. Current law does not consider these various factors that can prevent a school from receiving students under the choice option.
NSBA CONTACT
Reggie Felton, director of federal relations, 703-838-6782 or rfelton@nsba.org.