Dear Colleague:
I would like to thank you for the work you are doing to improve the achievement of all students. The No Child Left Behind Act (NCLBA) significantly raises expectations for States, local educational agencies and schools in that all students are expected to meet or exceed State standards in reading and in math within 12 years. It also provides a significant increase in resources to assist States in meeting these new expectations. This bipartisan Act is intended to build upon and enhance accountability systems that States have been developing since, or prior to, the 1994 reauthorization of the Elementary and Secondary Education Act (ESEA). I would like to applaud the efforts States have made to develop and implement high quality accountability systems based on challenging standards and assessments and high expectations for students. Working together, we can ensure that all students succeed and that the achievement gap is closed, once and for all.
Accountability is central to the success of the No Child Left Behind Act: States need to set high standards for improving academic achievement in order to improve the quality of education for all students. Under the NCLBA, each State establishes a definition of "adequate yearly progress" (AYP) to use each year to determine the achievement of each school district and school. The new definition of AYP is diagnostic in nature, and intended to highlight where schools need improvement and should focus their resources. The statute gives States and local educational agencies significant flexibility in how they direct resources and tailor interventions to the needs of individual schools identified for improvement. Under the NCLBA, schools are held accountable for the achievement of all students, not just average student performance. Ensuring that schools are held accountable for all students' meeting State standards represents the core of the bipartisan Act's goal of ensuring that no child is left behind.
The purpose of the statute, for both assessments and accountability, is to build on high quality accountability systems that States already have in place, not to require every State to start from scratch. Therefore, I want to assure you that the Department will work with States so that they have the tools they need to implement definitions of AYP that meet the requirements of the statute and maintain high standards.
States are to identify for improvement any Title I school that does not meet the State's definition of adequate yearly progress for two consecutive years. However, it is important to underscore the flexibility granted by the statute to State and local educational agencies to direct resources and tailor interventions to the needs of individual schools. For example, the statute gives States and LEAs flexibility in how they can direct Title I school improvement funds to schools that need the most improvement. It also provides a list of consequences under "school improvement," "corrective action" and "restructuring" that allow States to take a range of actions. For example, under "corrective action" the options range from more limited consequences such as hiring an outside expert to advise a school on how to make adequate yearly progress, to more significant measures such as replacing school staff or restructuring the internal organization of a school (see attached chart).
States are free to build on the statutory requirements and to develop differentiated responses based on the degree to which a school has not made AYP. The law does not prescribe how States must officially designate schools that do not meet AYP requirements.
For example, a State could develop categories based on the number of subgroups that make AYP:
AYP should be used to target the unique needs of schools to improve student achievement. It does not necessitate a "one size fits all" response without regard to how well a school is doing overall. However, any Title I school in which any group of students fails to meet the AYP goal must be identified as in need of improvement, and all such schools that are identified are subject to the timeline for improvement required under Section 1116. Regardless of the degree to which a school is not making AYP, an LEA must take actions to address the needs of the school and improve achievement, provide public school choice for all students in any school that is identified for improvement, and provide supplemental education services for eligible students in schools that continue to not make AYP, as required under Section 1116.
It should be noted that the statute permits schools that do not meet a statewide proficiency goal to also make AYP if, in the subgroup that does not meet this bar, there was at least a ten percent reduction from the previous year in the percentage of students who are not proficient and that subgroup made progress on the other state-designated academic indicator. For example, if the percentage of disadvantaged students not proficient in reading decreases from 70 percent to 63 percent the following year, that group has made sufficient progress.
The Department will issue proposed regulations that address in detail the requirements for State accountability systems. The purpose of this letter is to clarify the process for reviewing and approving State definitions of AYP and to provide you with additional guidance by highlighting criteria that will be used in this process.
GUIDANCE ON AYP CRITERIA AND THE PEER REVIEW PROCESS
States will be required to submit their definitions of AYP for review at the beginning of 2003, although those States applying for State Flex 1 will have to submit definitions for approval this fall. In order to ensure that States can move expeditiously to implement their new definitions of AYP, States can submit the plans for review this fall even if they are not applying for State Flex. The Department will provide additional AYP guidance and more details about the requirements of the review process. All definitions will be peer reviewed, as required by the statute, by a panel that includes representatives of parents, teachers, State educational agencies and local educational agencies. Peer review panelists will make recommendations as to how well each proposed definition meets the requirements of the statute. Approaches to meeting the statutory requirements that are at least as rigorous as the requirements of the statute and the regulations will be considered, provided that a State demonstrates that its system meets the following criteria:
A single statewide accountability system applied to all public schools and LEAs. 2
All public school students are included in the State accountability system. 4
A State's definition of AYP is based on expectations for growth in student achievement that is continuous and substantial, such that all students are proficient in reading and math no later than 2013-2014. 5
A State makes annual decisions about the achievement of all public schools and LEAs. 6
All public schools and LEAs are held accountable for the achievement of individual subgroups. 7
A State's definition of AYP is based primarily on the State's academic assessments. 8
A State's definition of AYP includes graduation rates for high schools and an additional indicator selected by the State for middle and elementary schools (such as attendance rates). 9
AYP is based on separate reading/language arts and math achievement objectives. 10
A State's accountability system is statistically valid and reliable. 11
In order for a school to make AYP, a State ensures that it assessed at least 95% of students in each subgroup enrolled. 12
In general, the NCLBA sets the minimum requirements for statewide accountability systems. States should use these requirements to enhance their current systems. This letter is intended to amplify our proposed regulations and provide States with information necessary to be successful in the upcoming State accountability system peer review process. I encourage you to review and comment on our proposed regulations. Please know that my staff and I are available to work with you as we move forward. I look forward to our collaboration on implementing this most fundamental aspect of the NCLBA.
Sincerely,
/s/
Rod Paige
Enclosure
1 The NCLBA enacted significant new flexibility options for State and local school districts. The State Flexibility Demonstration Program allows States to receive additional flexibility in exchange for increased accountability for achievement. For more information about the flexibility options in the NCLBA, please go to our web site at http://www.ed.gov/nclb/freedom/local/flexibility/.
2 Sections 1111(b)(2)(A) and 1111(b)(2)(C)(i).
3 Requirements for school improvement, corrective action and restructuring under Section 1116 only apply to schools receiving Title I funds.
4 Sections 1111(b)(2)(A), 1111(b)(3)(C)(xi), 1111(b)(3)(C)(xi), and 1111(b)(3)(C)(xiii).
5 Sections 1111(b)(2)(C)(iii), 1111(b)(2)(F), and 1111(b)(2)(H).
6 Section 1111(b)(2)(J).
7 Sections 1111(b)(2)(C)(v), 1111(b)(2)(C)(v), and 1111(b)(2)(C)(v)(II).
8 Section 1111(b)(2)(C)(iv).
9 Section 1111(b)(2)(c)(vi).
10 Section 1111(b)(2)(G)(i)
11 Section 1111(b)(2)(C)(ii)
12 Section 1111(b)(2)(I)(ii).
SCHOOL IMPROVEMENT OPTIONS |
A school is identified for school improvement after it has not made AYP for two consecutive school years. A school moves to the next "step" or "year" in this chart if it continues to not make AYP. | |
School Improvement (Year One) |
In general, schools identified for improvement must receive technical assistance that enables them to specifically address the academic achievement problem that caused the school to be identified for improvement. The LEA is required to provide technical assistance as the school develops and implements the plan, including specific assistance in analyzing assessment data, improving professional development, and improving resource allocation. In addition, the following must take place:
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School Improvement, (Year Two) |
In addition, the LEA continues to offer technical assistance to implement the new plan, and offer public school choice. |
Corrective Action (Year Three) |
Corrective Action requires an LEA to take actions likely to bring about meaningful change at the school. To accomplish this goal, LEAs are required to take at least one of the following corrective actions, depending on the needs of the individual school:
In addition, the LEA continues to offer technical assistance, public school choice and supplemental educational services. |
Restructuring (Year Four) |
During the first year of restructuring, the LEA is required to prepare a plan and make necessary arrangements to carry out one of the following options:
In addition, the LEA continues to offer public school choice and supplemental educational services. |
Implementation of Restructuring (Year Five) |
Implement alternative governance plan no later than first day of school year following year four described above. |
Last Modified: 09/11/2003
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