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 Accountability
/ Adequate Yearly Progress"No Child Left Behind" Resources for NYSUT Local Leaders FACT SHEET 2 STATUTORY SUMMARY Section 1111, Part A, of Title I requires each state to demonstrate that it has adopted challenging academic content standards and student academic achievement standards for all public elementary school and secondary school children. The content standards must be in areas of mathematics, reading or language arts by 2005-2006 and in science beginning on the 2007-2008 school year. Each state must implement a single statewide accountability system based on required standards and assessments and other indicators that would be effective in ensuring that all public elementary and secondary schools make adequate yearly progress. Schools not making adequate yearly progress for two consecutive years will be designated a school in need of improvement. In New York State, this means that the school does not meet state performance standards on the elementary, intermediate and commencement levels in English Language Arts and mathematics assessments. Performance standards apply to the school as a whole, as well as each identified subgroup (see below) within the school. Beginning in 2005-2006, states are required to administer annual mathematics and reading or language arts assessments in grades three through eight. Beginning in the 2007-2008 school year, states must measure the proficiency of all students in science at least one time during:
These assessments must be aligned with the state's academic standards and must be valid and viable; must yield individual student scores; and "itemized score analyses" that allow educators and parents to use them for diagnostic purposes. The goal of this process is to have all students meeting the "proficient" level on these assessments within 12 years. Assessment results must be disaggregated within each state, school district and school by gender, each racial and ethnic group, by English proficiency status, by migrant status, by disability and by economically disadvantaged students. Disaggregation is not required if the number of students in a category is insufficient to yield statistically reliable information or the results would yield personally identifiable information about an individual student. Federal funding is specifically authorized for developing and administering the state assessment requirements. However, states may suspend the administration, but not development of the newly required tests, for one year for each year that the appropriated funds do not reach the set levels. FREQUENTLY ASKED QUESTIONS 1. Question: What must the school do once it is identified for school improvement? Answer: Within three months, the school must develop or revise a two-year plan to improve the school with the input of staff, parents, the district, and outside experts. The plan must address how the school will improve academics, involve parents, use 10 percent of its Title I funds for professional development, notify parents, institute a teacher mentoring program, and incorporate activities outside the regular school day. The plan must incorporate strategies based on scientifically-based research and may involve implementing comprehensive school reform. 2. Question: How does public school choice work? Answer: The district must give students at a school identified for school improvement the option to transfer to another higher-performing public school within the district, including a public charter school. School districts need not set aside entrance requirements for magnet schools. Priority must be given to the lowest-achieving students from low-income families. If all the schools in the district have been identified for school improvement, corrective action, or restructuring, then the district should try to come to an agreement with a nearby district. The district is responsible for transportation to the other public schools, and must spend 5 percent of its Title I allocation on it. 3. Question: What happens if a school fails to make adequate yearly progress for three consecutive years? Answer: If a school fails to make adequate yearly progress after the first full school year under school improvement, the district must continue to provide public school choice and technical assistance. In addition, the district must provide supplemental educational services to low-income students who choose to remain in the school. If the school makes adequately yearly progress for two years, the school improvement designation is removed. 4. Question: What happens if a school fails to make adequate yearly progress for four consecutive years? Answer: If a school fails to make adequate yearly progress for four consecutive years, the school is designated for corrective action. In addition to all of the measures taken up to this point, under corrective action the district must do at least one of the following:
5. Question: What happens if a school does not make adequate yearly progress for five consecutive years? Answer: If after one year of corrective action, a school failing to make adequate yearly progress moves into restructuring. The school must continue all of the corrective actions taken up to this point. In addition, the district must do one of the following:
6. Question: What in the law supports collective bargaining? Answer: Section 1116. (d) of Title I states "Nothing in this section shall be construed to alter or otherwise affect the rights, remedies and procedures afforded schools or school district employees under Federal, State or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers." However, NYSUT continues to look for answers to how actions required by this law may affect future collective bargaining provisions. ADVICE TO LOCAL LEADERS 1. Have someone in your local monitor assessment results to be sure schools in your district are meeting state standards for achievement and adequate yearly progress. Be sure to look at results as a whole as well as results for the defined subgroups. 2. For schools not achieving state standards or making adequate yearly progress, calculate the performance gap and talk with members in the school about how to close that gap. 3. For schools not meeting State standards, have teachers been involved in developing local assistance plans or school improvement plans designed to improve student performance. Such plans should be developed in a manner consistent with Section 100.11 of the Regulations (school-based planning and shared decision making). 4. In lieu of local assistance plans, some school districts use comprehensive district education plans. Local should work with school administrators to ensure that teachers are meaningfully involved in this planning and implementation process. 5. Examine your collective bargaining agreements with respect to exclusivity, transfer provisions, class size, and flextime in providing after school instruction such as SES. 6. Be involved in developing a School Improvement Plan and make sure the focus of the plan minimizes the need for consequences such as public school choice. 7. Work with school administration to define "capacity" as program capacity rather than building capacity with respect to school choice. 8. Monitor your local educational agency plan and funds. 37965 6/23/03 - THIS REFLECTS THE LASTEST AVAILABLE INFORMATION AND MAY BE SUBJECT TO CHANGE. |
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