NCLBA-- Title I -- IMPROVING THE ACADEMIC
ACHIEVEMENT OF THE DISADVANTAGED
SEC. 1116 ACADEMIC ASSESSMENT AND LOCAL EDUCATIONAL
AGENCY AND SCHOOL IMPROVEMENT.
(a) LOCAL REVIEW.--
(1) IN GENERAL.—Each local educational agency receiving
funds under this part shall--
(A) use the State academic assessments and other
indicators described in the State plan to review annually
the progress of each school served under this part to determine
whether the school is making adequate yearly
progress as defined in section 1111(b)(2);
(B) at the local educational agency's discretion, use
any academic assessments or any other academic indicators
described in the local educational agency's plan under section
1112(b)(1)(A) and (B) to review annually the progress
of each school served under this part to determine whether
the school is making adequate yearly progress as defined
in section 1111(b)(2), except that the local educational
agency may not use such indicators (other than as provided
for in section 1111(b)(2)(I)) if the indicators reduce the
number or change the schools that would otherwise be
subject to school improvement, corrective action, or restructuring
under section 1116 if such additional indicators
were not used, but may identify additional schools for
school improvement or in need of corrective action or
restructuring;
(C) publicize and disseminate the results of the local
annual review described in paragraph (1) to parents,
teachers, principals, schools, and the community so that
the teachers, principals, other staff, and schools can continually
refine, in an instructionally useful manner, the program
of instruction to help all children served under this
part meet the challenging State student academic achievement
standards established under section 1111(b)(1); and
(D) review the effectiveness of the actions and activities
the schools are carrying out under this part with
respect to parental involvement, professional development,
and other activities assisted under this part.
(2) AVAILABLE RESULTS. The State educational agency
shall ensure that the results of State academic assessments
administered in that school year are available to the local
educational agency before the beginning of the next school
year.
(b) SCHOOL IMPROVEMENT.--
(1) GENERAL REQUIREMENTS.--
(A) IDENTIFICATION. Subject to subparagraph (C), a
local educational agency shall identify for school improvement
any elementary school or secondary school served
under this part that fails, for 2 consecutive years, to make
adequate yearly progress as defined in the State's plan
under section 1111(b)(2).
(B) DEADLINE. The identification described in
subparagraph (A) shall take place before the beginning
of the school year following such failure to make adequate
yearly progress.
(C) APPLICATION. Subparagraph (A) shall not apply
to a school if almost every student in each group specified
in section 1111(b)(2)(C)(v) enrolled in such school is meeting
or exceeding the State's proficient level of academic achievement.
(D) TARGETED ASSISTANCE SCHOOLS. To determine if
an elementary school or a secondary school that is conducting
a targeted assistance program under section 1115
should be identified for school improvement, corrective
action, or restructuring under this section, a local educational
agency may choose to review the progress of only
the students in the school who are served, or are eligible
for services, under this part.
(E) PUBLIC SCHOOL CHOICE.--
(i) IN GENERAL. In the case of a school identified
for school improvement under this paragraph, the local
educational agency shall, not later than the first day
of the school year following such identification, provide
all students enrolled in the school with the option
to transfer to another public school served by the local
educational agency, which may include a public charter
school, that has not been identified for school improvement
under this paragraph, unless such an option
is prohibited by State law.
(ii) RULE. In providing students the option to
transfer to another public school, the local educational
agency shall give priority to the lowest achieving children
from low-income families, as determined by the
local educational agency for purposes of allocating
funds to schools under section 1113(c)(1).
(F) TRANSFER. Students who use the option to
transfer under subparagraph (E) and paragraph (5)(A),
(7)(C)(i), or (8)(A)(i) or subsection (c)(10)(C)(vii) shall be
enrolled in classes and other activities in the public school
to which the students transfer in the same manner as
all other children at the public school.
(2) OPPORTUNITY TO REVIEW AND PRESENT EVIDENCE; TIME
LIMIT.
(A) IDENTIFICATION. Before identifying an
elementary school or a secondary school for school improvement
under paragraphs (1) or (5)(A), for corrective action
under paragraph (7), or for restructuring under paragraph
(8), the local educational agency shall provide the school
with an opportunity to review the school-level data,
including academic assessment data, on which the proposed
identification is based.
(B) EVIDENCE. If the principal of a school proposed
for identification under paragraph (1), (5)(A), (7), or (8)
believes, or a majority of the parents of the students
enrolled in such school believe, that the proposed identification
is in error for statistical or other substantive reasons,
the principal may provide supporting evidence to the local
educational agency, which shall consider that evidence
before making a final determination.
(C) FINAL DETERMINATION. Not later than 30 days
after a local educational agency provides the school with
the opportunity to review such school-level data, the local
educational agency shall make public a final determination
on the status of the school with respect to the identification.
(3) SCHOOL PLAN.
(A) REVISED PLAN. After the resolution of a review
under paragraph (2), each school identified under paragraph
(1) for school improvement shall, not later than
3 months after being so identified, develop or revise a
school plan, in consultation with parents, school staff, the
local educational agency serving the school, and outside
experts, for approval by such local educational agency.
The school plan shall cover a 2-year period and
(i) incorporate strategies based on scientifically
based research that will strengthen the core academic
subjects in the school and address the specific academic
issues that caused the school to be identified for school
improvement, and may include a strategy for the
implementation of a comprehensive school reform
model that includes each of the components described
in part F;
(ii) adopt policies and practices concerning the
school's core academic subjects that have the greatest
likelihood of ensuring that all groups of students specified
in section 1111(b)(2)(C)(v) and enrolled in the
school will meet the State's proficient level of achievement
on the State academic assessment described in
section 1111(b)(3) not later than 12 years after the
end of the 2001-2002 school year;
(iii) provide an assurance that the school will
spend not less than 10 percent of the funds made
available to the school under section 1113 for each
fiscal year that the school is in school improvement
status, for the purpose of providing to the school's
teachers and principal high-quality professional
development that
(I) directly addresses the academic achievement
problem that caused the school to be identified
for school improvement;
(II) meets the requirements for professional
development activities under section 1119; and
(III) is provided in a manner that affords
increased opportunity for participating in that
professional development;
(iv) specify how the funds described in clause
(iii) will be used to remove the school from school
improvement status;
(v) establish specific annual, measurable objectives
for continuous and substantial progress by each
group of students specified in section 1111(b)(2)(C)(v)
and enrolled in the school that will ensure that all
such groups of students will, in accordance with adequate
yearly progress as defined in section 1111(b)(2),
meet the State's proficient level of achievement on
the State academic assessment described in section
1111(b)(3) not later than 12 years after the end of
the 2001-2002 school year;
(vi) describe how the school will provide written
notice about the identification to parents of each student
enrolled in such school, in a format and, to the
extent practicable, in a language that the parents can
understand;
(vii) specify the responsibilities of the school, the
local educational agency, and the State educational
agency serving the school under the plan, including
the technical assistance to be provided by the local
educational agency under paragraph (4) and the local
educational agency's responsibilities under section
1120A;
(viii) include strategies to promote effective
parental involvement in the school;
(ix) incorporate, as appropriate, activities before
school, after school, during the summer, and during
any extension of the school year; and
(x) incorporate a teacher mentoring program.
(B) CONDITIONAL APPROVAL. The local educational
agency may condition approval of a school plan under this
paragraph on
(i) inclusion of one or more of the corrective
actions specified in paragraph (7)(C)(iv); or
(ii) feedback on the school improvement plan from
parents and community leaders.
(C) PLAN IMPLEMENTATION. Except as provided in
subparagraph (D), a school shall implement the school plan
(including a revised plan) expeditiously, but not later than
the beginning of the next full school year following the
identification under paragraph (1).
(D) PLAN APPROVED DURING SCHOOL YEAR.—Notwithstanding
subparagraph (C), if a plan is not approved prior
to the beginning of a school year, such plan shall be implemented
immediately upon approval.
(E) LOCAL EDUCATIONAL AGENCY APPROVAL. The local
educational agency, within 45 days of receiving a school
plan, shall
(i) establish a peer review process to assist with
review of the school plan; and
(ii) promptly review the school plan, work with
the school as necessary, and approve the school plan
if the plan meets the requirements of this paragraph.
(4) TECHNICAL ASSISTANCE.
(A) IN GENERAL. For each school identified for school
improvement under paragraph (1), the local educational
agency serving the school shall ensure the provision of
technical assistance as the school develops and implements
the school plan under paragraph (3) throughout the plan's
duration.
(B) SPECIFIC ASSISTANCE. Such technical
assistance
(i) shall include assistance in analyzing data from
the assessments required under section 1111(b)(3), and
other examples of student work, to identify and address
problems in instruction, and problems if any, in implementing
the parental involvement requirements
described in section 1118, the professional development
requirements described in section 1119, and the
responsibilities of the school and local educational
agency under the school plan, and to identify and
address solutions to such problems;
(ii) shall include assistance in identifying and
implementing professional development, instructional
strategies, and methods of instruction that are based
on scientifically based research and that have proven
effective in addressing the specific instructional issues
that caused the school to be identified for school
improvement;
(iii) shall include assistance in analyzing and
revising the school's budget so that the school's
resources are more effectively allocated to the activities
most likely to increase student academic achievement
and to remove the school from school improvement
status; and
(iv) may be provided
(I) by the local educational agency, through
mechanisms authorized under section 1117; or
(II) by the State educational agency, an
institution of higher education (that is in full
compliance with all the reporting provisions of title
II of the Higher Education Act of 1965), a private
not-for-profit organization or for-profit organization,
an educational service agency, or another
entity with experience in helping schools improve
academic achievement.
(C) SCIENTIFICALLY BASED RESEARCH. Technical
assistance provided under this section by a local educational
agency or an entity approved by that agency shall
be based on scientifically based research.
(5) FAILURE TO MAKE ADEQUATE YEARLY PROGRESS AFTER
IDENTIFICATION. In the case of any school served under this
part that fails to make adequate yearly progress, as set out
in the State's plan under section 1111(b)(2), by the end of
the first full school year after identification under paragraph
(1), the local educational agency serving such school
(A) shall continue to provide all students enrolled
in the school with the option to transfer to another public
school served by the local educational agency in accordance
with subparagraphs (E) and (F);
(B) shall make supplemental educational services
available consistent with subsection (e)(1); and
(C) shall continue to provide technical assistance.
(6) NOTICE TO PARENTS. A local educational agency shall
promptly provide to a parent or parents (in an understandable
and uniform format and, to the extent practicable, in a language
the parents can understand) of each student enrolled in an
elementary school or a secondary school identified for school
improvement under paragraph (1), for corrective action under
paragraph (7), or for restructuring under paragraph (8)
(A) an explanation of what the identification means,
and how the school compares in terms of academic achievement
to other elementary schools or secondary schools
served by the local educational agency and the State educational
agency involved;
(B) the reasons for the identification;
(C) an explanation of what the school identified for
school improvement is doing to address the problem of
low achievement;
(D) an explanation of what the local educational
agency or State educational agency is doing to help the
school address the achievement problem;
(E) an explanation of how the parents can become
involved in addressing the academic issues that caused
the school to be identified for school improvement; and
(F) an explanation of the parents' option to transfer
their child to another public school under paragraphs (1)(E),
(5)(A), (7)(C)(i), (8)(A)(i), and subsection (c)(10)(C)(vii) (with
transportation provided by the agency when required by
paragraph (9)) or to obtain supplemental educational services
for the child, in accordance with subsection (e).
(7) CORRECTIVE ACTION.
(A) IN GENERAL. In this subsection, the term "corrective
action" means action, consistent with State law, that
(i) substantially and directly responds to
(I) the consistent academic failure of a school
that caused the local educational agency to take
such action; and
(II) any underlying staffing, curriculum, or
other problems in the school; and
(ii) is designed to increase substantially the likelihood
that each group of students described in
1111(b)(2)(C) enrolled in the school identified for corrective
action will meet or exceed the State's proficient
levels of achievement on the State academic assessments
described in section 1111(b)(3).
(B) SYSTEM. In order to help students served under
this part meet challenging State student academic achievement
standards, each local educational agency shall implement
a system of corrective action in accordance with subparagraphs
(C) through (E).
(C) ROLE OF LOCAL EDUCATIONAL AGENCY. In the
case of any school served by a local educational agency
under this part that fails to make adequate yearly progress,
as defined by the State under section 1111(b)(2), by the
end of the second full school year after the identification
under paragraph (1), the local educational agency shall
(i) continue to provide all students enrolled in
the school with the option to transfer to another public
school served by the local educational agency, in
accordance with paragraph (1)(E) and (F);
(ii) continue to provide technical assistance consistent
with paragraph (4) while instituting any corrective
action under clause (iv);
(iii) continue to make supplemental educational
services available, in accordance with subsection (e),
to children who remain in the school; and
(iv) identify the school for corrective action and
take at least one of the following corrective actions:
(I) Replace the school staff who are relevant
to the failure to make adequate yearly progress.
(II) Institute and fully implement a new curriculum,
including providing appropriate professional
development for all relevant staff, that is
based on scientifically based research and offers
substantial promise of improving educational
achievement for low-achieving students and
enabling the school to make adequate yearly
progress.
(III) Significantly decrease management
authority at the school level.
(IV) Appoint an outside expert to advise the
school on its progress toward making adequate
yearly progress, based on its school plan under
paragraph (3).
(V) Extend the school year or school day for
the school.
(VI) Restructure the internal organizational
structure of the school.
(D) DELAY. Notwithstanding any other provision of
this paragraph, the local educational agency may delay,
for a period 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 make adequate yearly progress is due to
exceptional or uncontrollable circumstances, such as a natural
disaster or a precipitous and unforeseen decline in
the financial resources of the local educational agency or
school. No such period shall be taken into account in determining
the number of consecutive years of failure to make
adequate yearly progress.
(E) PUBLICATION AND DISSEMINATION. The local educational
agency shall publish and disseminate information
regarding any corrective action the local educational agency
takes under this paragraph at a school
(i) to the public and to the parents of each student
enrolled in the school subject to corrective action;
(ii) in an understandable and uniform format and,
to the extent practicable, provided in a language that
the parents can understand; and
(iii) through such means as the Internet, the
media, and public agencies.
(8) RESTRUCTURING.
(A) FAILURE TO MAKE ADEQUATE YEARLY PROGRESS.
If, after 1 full school year of corrective action under paragraph
(7), a school subject to such corrective action continues
to fail to make adequate yearly progress, then the
local educational agency shall
(i) continue to provide all students enrolled in
the school with the option to transfer to another public
school served by the local educational agency, in
accordance with paragraph (1)(E) and (F);
(ii) continue to make supplemental educational
services available, in accordance with subsection (e),
to children who remain in the school; and
(iii) prepare a plan and make necessary arrangements
to carry out subparagraph (B).
(B) ALTERNATIVE GOVERNANCE. Not later than the
beginning of the school year following the year in which
the local educational agency implements subparagraph (A),
the local educational agency shall implement one of the
following alternative governance arrangements for the
school consistent with State law:
(i) Reopening the school as a public charter school.
(ii) Replacing all or most of the school staff (which
may include the principal) who are relevant to the
failure to make adequate yearly progress.
(iii) Entering into a contract with an entity, such
as a private management company, with a demonstrated
record of effectiveness, to operate the public
school.
(iv) Turning the operation of the school over to
the State educational agency, if permitted under State
law and agreed to by the State.
(v) Any other major restructuring of the school's
governance arrangement that makes fundamental
reforms, such as significant changes in the school's
staffing and governance, to improve student academic
achievement in the school and that has substantial
promise of enabling the school to make adequate yearly
progress as defined in the State plan under section
1111(b)(2). In the case of a rural local educational
agency with a total of less than 600 students in average
daily attendance at the schools that are served by
the agency and all of whose schools have a School
Locale Code of 7 or 8, as determined by the Secretary,
the Secretary shall, at such agency's request, provide
technical assistance to such agency for the purpose
of implementing this clause.
(C) PROMPT NOTICE. The local educational agency
shall
(i) provide prompt notice to teachers and parents
whenever subparagraph (A) or (B) applies; and
(ii) provide the teachers and parents with an adequate
opportunity to
(I) comment before taking any action under
those subparagraphs; and
(II) participate in developing any plan under
subparagraph (A)(iii).
(9) TRANSPORTATION. In any case described in paragraph
(1)(E) for schools described in paragraphs (1)(A), (5), (7)(C)(i),
and (8)(A), and subsection (c)(10)(C)(vii), the local educational
agency shall provide, or shall pay for the provision of, transportation
for the student to the public school the student attends.
(10) FUNDS FOR TRANSPORTATION AND SUPPLEMENTAL EDUCATIONAL
SERVICES.
(A) IN GENERAL. Unless a lesser amount is needed
to comply with paragraph (9) and to satisfy all requests
for supplemental educational services under subsection (e),
a local educational agency shall spend an amount equal
to 20 percent of its allocation under subpart 2, from which
the agency shall spend
(i) an amount equal to 5 percent of its allocation
under subpart 2 to provide, or pay for, transportation
under paragraph (9);
(ii) an amount equal to 5 percent of its allocation
under subpart 2 to provide supplemental educational
services under subsection (e); and
(iii) an amount equal to the remaining 10 percent
of its allocation under subpart 2 for transportation
under paragraph (9), supplemental educational services
under subsection (e), or both, as the agency determines.
(B) TOTAL AMOUNT. The total amount described in
subparagraph (A)(ii) is the maximum amount the local
educational agency shall be required to spend under this
part on supplemental educational services described in subsection
(e).
(C) INSUFFICIENT FUNDS. If the amount of funds
described in subparagraph (A)(ii) or (iii) and available to
provide services under this subsection is insufficient to
provide supplemental educational services to each child
whose parents request the services, the local educational
agency shall give priority to providing the services to the
lowest-achieving children.
(D) PROHIBITION. A local educational agency shall
not, as a result of the application of this paragraph, reduce
by more than 15 percent the total amount made available
under section 1113(c) to a school described in paragraph
(7)(C) or (8)(A) of subsection (b).
(11) COOPERATIVE AGREEMENT. In any case described in
paragraph (1)(E), (5)(A), (7)(C)(i), or (8)(A)(i), or subsection
(c)(10)(C)(vii) if all public schools served by the local educational
agency to which a child may transfer are identified for school
improvement, corrective action or restructuring, the agency
shall, to the extent practicable, establish a cooperative agreement
with other local educational agencies in the area for
a transfer.
(12) DURATION. If any school identified for school
improvement, corrective action, or restructuring makes adequate
yearly progress for two consecutive school years, the
local educational agency shall no longer subject the school
to the requirements of school improvement, corrective action,
or restructuring or identify the school for school improvement
for the succeeding school year.
(13) SPECIAL RULE. A local educational agency shall
permit a child who transferred to another school under this
subsection to remain in that school until the child has completed
the highest grade in that school. The obligation of the
local educational agency to provide, or to provide for, transportation
for the child ends at the end of a school year if the
local educational agency determines that the school from which
the child transferred is no longer identified for school improvement
or subject to corrective action or restructuring.
(14) STATE EDUCATIONAL AGENCY RESPONSIBILITIES. The
State educational agency shall
(A) make technical assistance under section 1117
available to schools identified for school improvement,
corrective action, or restructuring under this subsection
consistent with section 1117(a)(2);
(B) if the State educational agency determines that
a local educational agency failed to carry out its responsibilities
under this subsection, take such corrective actions
as the State educational agency determines to be appropriate
and in compliance with State law;
(C) ensure that academic assessment results under
this part are provided to schools before any identification
of a school may take place under this subsection; and
(D) for local educational agencies or schools identified
for improvement under this subsection, notify the Secretary
of major factors that were brought to the attention of
the State educational agency under section 1111(b)(9) that
have significantly affected student academic achievement.
(c) STATE REVIEW AND LOCAL EDUCATIONAL AGENCY IMPROVEMENT.
(1) IN GENERAL. A State shall
(A) annually review the progress of each local educational
agency receiving funds under this part to determine
whether schools receiving assistance under this part
are making adequate yearly progress as defined in section
1111(b)(2) toward meeting the State's student academic
achievement standards and to determine if each local educational
agency is carrying out its responsibilities under
this section and sections 1117, 1118, and 1119; and
(B) publicize and disseminate to local educational
agencies, teachers and other staff, parents, students, and
the community the results of the State review, including
statistically sound disaggregated results, as required by
section 1111(b)(2).
(2) REWARDS. In the case of a local educational agency
that, for 2 consecutive years, has exceeded adequate yearly
progress as defined in the State plan under section 1111(b)(2),
the State may make rewards of the kinds described under
section 1117 to the agency.
(3) IDENTIFICATION OF LOCAL EDUCATIONAL AGENCY FOR
IMPROVEMENT. A State shall identify for improvement any
local educational agency that, for 2 consecutive years, including
the period immediately prior to the date of enactment of the
No Child Left Behind Act of 2001, failed to make adequate
yearly progress as defined in the State's plan under section
1111(b)(2).
(4) TARGETED ASSISTANCE SCHOOLS. When reviewing targeted
assistance schools served by a local educational agency,
a State educational agency may choose to review the progress
of only the students in such schools who are served, or are
eligible for services, under this part.
(5) OPPORTUNITY TO REVIEW AND PRESENT EVIDENCE.
(A) REVIEW. Before identifying a local educational
agency for improvement under paragraph (3) or corrective
action under paragraph (10), a State educational agency
shall provide the local educational agency with an opportunity
to review the data, including academic assessment
data, on which the proposed identification is based.
(B) EVIDENCE. If the local educational agency
believes that the proposed identification is in error for
statistical or other substantive reasons, the agency may
provide supporting evidence to the State educational
agency, which shall consider the evidence before making
a final determination not later than 30 days after the
State educational agency provides the local educational
agency with the opportunity to review such data under
subparagraph (A).
(6) NOTIFICATION TO PARENTS. The State educational
agency shall promptly provide to the parents (in a format
and, to the extent practicable, in a language the parents can
understand) of each student enrolled in a school served by
a local educational agency identified for improvement, the
results of the review under paragraph (1) and, if the agency
is identified for improvement, the reasons for that identification
and how parents can participate in upgrading the quality of
the local educational agency.
(7) LOCAL EDUCATIONAL AGENCY REVISIONS.
(A) PLAN. Each local educational agency identified
under paragraph (3) shall, not later than 3 months after
being so identified, develop or revise a local educational
agency plan, in consultation with parents, school staff,
and others. Such plan shall
(i) incorporate scientifically based research strategies
that strengthen the core academic program in
schools served by the local educational agency;
(ii) identify actions that have the greatest likelihood
of improving the achievement of participating
children in meeting the State's student academic
achievement standards;
(iii) address the professional development needs
of the instructional staff serving the agency by committing
to spend not less than 10 percent of the funds
received by the local educational agency under subpart
2 for each fiscal year in which the agency is identified
for improvement for professional development
(including funds reserved for professional development
under subsection (b)(3)(A)(iii)), but excluding funds
reserved for professional development under section
1119;
(iv) include specific measurable achievement goals
and targets for each of the groups of students identified
in the disaggregated data pursuant to section
1111(b)(2)(C)(v), consistent with adequate yearly
progress as defined under section 1111(b)(2);
(v) address the fundamental teaching and
learning needs in the schools of that agency, and the
specific academic problems of low-achieving students,
including a determination of why the local educational
agency's prior plan failed to bring about increased student
academic achievement;
(vi) incorporate, as appropriate, activities before
school, after school, during the summer, and during
an extension of the school year;
(vii) specify the responsibilities of the State educational
agency and the local educational agency under
the plan, including specifying the technical assistance
to be provided by the State educational agency under
paragraph (9) and the local educational agency's
responsibilities under section 1120A; and
(viii) include strategies to promote effective
parental involvement in the school.
(B) IMPLEMENTATION. The local educational agency
shall implement the plan (including a revised plan) expeditiously,
but not later than the beginning of the next school
year after the school year in which the agency was identified
for improvement.
(9) STATE EDUCATIONAL AGENCY RESPONSIBILITY.
(A) TECHNICAL OR OTHER ASSISTANCE. For each local
educational agency identified under paragraph (3), the
State educational agency shall provide technical or other
assistance if requested, as authorized under section 1117,
to better enable the local educational agency to
(i) develop and implement the local educational
agency's plan; and
(ii) work with schools needing improvement.
(B) METHODS AND STRATEGIES. Technical assistance
provided under this section by the State educational agency
or an entity authorized by such agency shall be supported
by effective methods and instructional strategies based on
scientifically based research. Such technical assistance
shall address problems, if any, in implementing the
parental involvement activities described in section 1118
and the professional development activities described in
section 1119.
(10) CORRECTIVE ACTION. In order to help students served
under this part meet challenging State student academic
achievement standards, each State shall implement a system
of corrective action in accordance with the following:
(A) DEFINITION. As used in this paragraph, the term
"corrective action" means action, consistent with State law,
that
(i) substantially and directly responds to the consistent
academic failure that caused the State to take
such action and to any underlying staffing, curricular,
or other problems in the agency; and
(ii) is designed to meet the goal of having all
students served under this part achieve at the proficient
and advanced student academic achievement
levels.
(B) GENERAL REQUIREMENTS. After providing technical
assistance under paragraph (9) and subject to
subparagraph (E), the State
(i) may take corrective action at any time with
respect to a local educational agency that has been
identified under paragraph (3);
(ii) shall take corrective action with respect to
any local educational agency that fails to make adequate
yearly progress, as defined by the State, by
the end of the second full school year after the identification
of the agency under paragraph (3); and
(iii) shall continue to provide technical assistance
while instituting any corrective action under clause
(i) or (ii).
(C) CERTAIN CORRECTIVE ACTIONS REQUIRED. In the
case of a local educational agency identified for corrective
action, the State educational agency shall take at least
one of the following corrective actions:
(i) Deferring programmatic funds or reducing
administrative funds.
(ii) Instituting and fully implementing a new curriculum
that is based on State and local academic
content and achievement standards, including providing
appropriate professional development based on
scientifically based research for all relevant staff, that
offers substantial promise of improving educational
achievement for low-achieving students.
(iii) Replacing the local educational agency personnel
who are relevant to the failure to make adequate
yearly progress.
(iv) Removing particular schools from the jurisdiction
of the local educational agency and establishing
alternative arrangements for public governance and
supervision of such schools.
(v) Appointing, through the State educational
agency, a receiver or trustee to administer the affairs
of the local educational agency in place of the superintendent
and school board.
(vi) Abolishing or restructuring the local educational
agency.
(vii) Authorizing students to transfer from a
school operated by the local educational agency to a
higher-performing public school operated by another
local educational agency in accordance with subsections
(b)(1)(E) and (F), and providing to such students
transportation (or the costs of transportation) to such
schools consistent with subsection (b)(9), in conjunction
with carrying out not less than one additional action
described under this subparagraph.
(D) HEARING. Prior to implementing any corrective
action under this paragraph, the State educational agency
shall provide notice and a hearing to the affected local
educational agency, if State law provides for such notice
and hearing. The hearing shall take place not later than
45 days following the decision to implement corrective
action.
(E) NOTICE TO PARENTS. The State educational
agency shall publish, and disseminate to parents and the
public, information on any corrective action the State educational
agency takes under this paragraph through such
means as the Internet, the media, and public agencies.
(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 exceptional or uncontrollable
circumstances, such as a natural disaster or a precipitous
and unforeseen decline in the financial resources of
the local educational agency. No such period shall be taken
into account in determining the number of consecutive
years of failure to make adequate yearly progress.
(11) SPECIAL RULE. If a local educational agency makes
adequate yearly progress for two consecutive school years beginning
after the date of identification of the agency under paragraph
(3), the State educational agency need no longer identify
the local educational agency for improvement or subject the
local educational agency to corrective action for the succeeding
school year.
(d) CONSTRUCTION.
Nothing in this section shall be construed
to alter or otherwise affect the rights, remedies, and procedures
afforded school 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.
(e) SUPPLEMENTAL EDUCATIONAL SERVICES.
(1) SUPPLEMENTAL EDUCATIONAL SERVICES. In the case
of any school described in paragraph (5), (7), or (8) of subsection
(b), the local educational agency serving such school shall,
subject to this subsection, arrange for the provision of supplemental
educational services to eligible children in the school
from a provider with a demonstrated record of effectiveness,
that is selected by the parents and approved for that purpose
by the State educational agency in accordance with reasonable
criteria, consistent with paragraph (5), that the State educational
agency shall adopt.
(2) LOCAL EDUCATIONAL AGENCY RESPONSIBILITIES. Each
local educational agency subject to this subsection shall
(A) provide, at a minimum, annual notice to parents
(in an understandable and uniform format and, to the
extent practicable, in a language the parents can understand)
of
(i) the availability of services under this subsection;
(ii) the identity of approved providers of those
services that are within the local educational agency
or whose services are reasonably available in neighboring
local educational agencies; and
(iii) a brief description of the services, qualifications,
and demonstrated effectiveness of each such provider;
(B) if requested, assist parents in choosing a provider
from the list of approved providers maintained by the State;
(C) apply fair and equitable procedures for serving
students if the number of spaces at approved providers
is not sufficient to serve all students; and
(D) not disclose to the public the identity of any student
who is eligible for, or receiving, supplemental educational
services under this subsection without the written
permission of the parents of the student.
(3) AGREEMENT. In the case of the selection of an
approved provider by a parent, the local educational agency
shall enter into an agreement with such provider. Such agreement
shall
(A) require the local educational agency to develop,
in consultation with parents (and the provider chosen by
the parents), a statement of specific achievement goals
for the student, how the student's progress will be measured,
and a timetable for improving achievement that,
in the case of a student with disabilities, is consistent
with the student's individualized education program under
section 614(d) of the Individuals with Disabilities Education
Act;
(B) describe how the student's parents and the student's
teacher or teachers will be regularly informed of
the student's progress;
(C) provide for the termination of such agreement
if the provider is unable to meet such goals and timetables;
(D) contain provisions with respect to the making
of payments to the provider by the local educational agency;
and
(E) prohibit the provider from disclosing to the public
the identity of any student eligible for, or receiving, supplemental
educational services under this subsection without
the written permission of the parents of such student.
(4) STATE EDUCATIONAL AGENCY RESPONSIBILITIES. A
State educational agency shall
(A) in consultation with local educational agencies,
parents, teachers, and other interested members of the
public, promote maximum participation by providers to
ensure, to the extent practicable, that parents have as
many choices as possible;
(B) develop and apply objective criteria, consistent
with paragraph (5), to potential providers that are based
on a demonstrated record of effectiveness in increasing
the academic proficiency of students in subjects relevant
to meeting the State academic content and student achievement
standards adopted under section 1111(b)(1);
(C) maintain an updated list of approved providers
across the State, by school district, from which parents
may select;
(D) develop, implement, and publicly report on standards
and techniques for monitoring the quality and
effectiveness of the services offered by approved providers
under this subsection, and for withdrawing approval from
providers that fail, for 2 consecutive years, to contribute
to increasing the academic proficiency of students served
under this subsection as described in subparagraph (B);
and
(E) provide annual notice to potential providers of
supplemental educational services of the opportunity to
provide services under this subsection and of the applicable
procedures for obtaining approval from the State educational
agency to be an approved provider of those services.
(5) CRITERIA FOR PROVIDERS. In order for a provider to
be included on the State list under paragraph (4)(C), a provider
shall agree to carry out the following:
(A) Provide parents of children receiving supplemental
educational services under this subsection and the appropriate
local educational agency with information on the
progress of the children in increasing achievement, in a
format and, to the extent practicable, a language that
such parents can understand.
(B) Ensure that instruction provided and content used
by the provider are consistent with the instruction provided
and content used by the local educational agency and State,
and are aligned with State student academic achievement
standards.
(C) Meet all applicable Federal, State, and local
health, safety, and civil rights laws.
(D) Ensure that all instruction and content under
this subsection are secular, neutral, and nonideological.
(6) AMOUNTS FOR SUPPLEMENTAL EDUCATIONAL SERVICES.
The amount that a local educational agency shall make
available for supplemental educational services for each child
receiving those services under this subsection shall be the lesser
of
(A) the amount of the agency's allocation under subpart
2, divided by the number of children from families
below the poverty level counted under section 1124(c)(1)(A);
or
(B) the actual costs of the supplemental educational
services received by the child.
(7) FUNDS PROVIDED BY STATE EDUCATIONAL AGENCY.
Each State educational agency may use funds that the agency
reserves under this part, and part A of title V, to assist local
educational agencies that do not have sufficient funds to provide
services under this subsection for all eligible students
requesting such services.
(8) DURATION. The local educational agency shall continue
to provide supplemental educational services to a child
receiving such services under this subsection until the end
of the school year in which such services were first received.
(9) PROHIBITION. Nothing contained in this subsection
shall permit the making of any payment for religious worship
or instruction.
(10) WAIVER.
(A) REQUIREMENT. At the request of a local educational
agency, a State educational agency may waive,
in whole or in part, the requirement of this subsection
to provide supplemental educational services if the State
educational agency determines that
(i) none of the providers of those services on the
list approved by the State educational agency under
paragraph (4)(C) makes those services available in the
area served by the local educational agency or within
a reasonable distance of that area; and
(ii) the local educational agency provides evidence
that it is not able to provide those services.
(B) NOTIFICATION. The State educational agency
shall notify the local educational agency, within 30 days
of receiving the local educational agency's request for a
waiver under subparagraph (A), whether the request is
approved or disapproved and, if disapproved, the reasons
for the disapproval, in writing.
(11) SPECIAL RULE. If State law prohibits a State educational
agency from carrying out one or more of its responsibilities
under paragraph (4) with respect to those who provide,
or seek approval to provide, supplemental educational services,
each local educational agency in the State shall carry out
those responsibilities with respect to its students who are
eligible for those services.
(12) DEFINITIONS. In this subsection
(A) the term 'eligible child' means a child from a
low-income family, as determined by the local educational
agency for purposes of allocating funds to schools under
section 1113(c)(1);
(B) the term 'provider' means a non-profit entity, a
for-profit entity, or a local educational agency that
(i) has a demonstrated record of effectiveness in
increasing student academic achievement;
(ii) is capable of providing supplemental educational
services that are consistent with the instructional
program of the local educational agency and
the academic standards described under section 1111;
and
(iii) is financially sound; and
(C) the term 'supplemental educational services'
means tutoring and other supplemental academic enrichment
services that are
(i) in addition to instruction provided during the
school day; and
(ii) are of high quality, research-based, and
specifically designed to increase the academic achievement
of eligible children on the academic assessments
required under section 1111 and attain proficiency in
meeting the State's academic achievement standards.
(f) SCHOOLS AND LEAS PREVIOUSLY IDENTIFIED FOR IMPROVEMENT
OR CORRECTIVE ACTION.
(1) SCHOOLS.
(A) SCHOOL IMPROVEMENT.
(i) SCHOOLS IN SCHOOL-IMPROVEMENT STATUS
BEFORE DATE OF ENACTMENT. Any school that was
in the first year of school improvement status under
this section on the day preceding the date of enactment
of the No Child Left Behind Act of 2001 (as this section
was in effect on such day) shall be treated by the
local educational agency as a school that is in the
first year of school improvement status under paragraph
(1).
(ii) SCHOOLS IN SCHOOL-IMPROVEMENT STATUS FOR
2 OR MORE YEARS BEFORE DATE OF ENACTMENT. Any
school that was in school improvement status under
this section for two or more consecutive school years
preceding the date of enactment of the No Child Left
Behind Act of 2001 (as this section was in effect on
such day) shall be treated by the local educational
agency as a school described in subsection (b)(5).
(B) CORRECTIVE ACTION. Any school that was in
corrective action status under this section on the day preceding
the date of enactment of the No Child Left Behind
Act of 2001 (as this section was in effect on such day)
shall be treated by the local educational agency as a school
described in paragraph (7).
(2) LEAS.
(A) LEA IMPROVEMENT. A State shall identify for
improvement under subsection (c)(3) any local educational
agency that was in improvement status under this section
as this section was in effect on the day preceding the
date of enactment of the No Child Left Behind Act of
2001.
(B) CORRECTIVE ACTION. A State shall identify for
corrective action under subsection (c)(10) any local educational
agency that was in corrective action status under
this section as this section was in effect on the day preceding
the date of enactment of the No Child Left Behind
Act of 2001.
(C) SPECIAL RULE. For the schools and other local
educational agencies described under paragraphs (1) and
(2), as required, the State shall ensure that public school
choice in accordance with subparagraphs (b)(1)(E) and (F)
and supplemental education services in accordance with
subsection (e) are provided not later than the first day
of the 2002-2003 school year.
(D) TRANSITION. With respect to a determination
that a local educational agency has for 2 consecutive years
failed to make adequate yearly progress as defined in the
State plan under section 1111(b)(2), such determination
shall include in such 2-year period any continuous period
of time immediately preceding the date of enactment of
the No Child Left Behind Act of 2001 during which the
agency has failed to make such progress.
(g) SCHOOLS FUNDED BY THE BUREAU OF INDIAN AFFAIRS.
(1) ADEQUATE YEARLY PROGRESS FOR BUREAU FUNDED
SCHOOLS.
(A) DEVELOPMENT OF DEFINITION.
(i) DEFINITION. The Secretary of the Interior, in
consultation with the Secretary if the Secretary of
Interior requests the consultation, using the process
set out in section 1138(b) of the Education Amendments
of 1978, shall define adequate yearly progress,
consistent with section 1111(b), for the schools funded
by the Bureau of Indian Affairs on a regional or tribal
basis, as appropriate, taking into account the unique
circumstances and needs of such schools and the students
served by such schools.
(ii) USE OF DEFINITION. The Secretary of the
Interior, consistent with clause (i), may use the definition
of adequate yearly progress that the State in
which the school that is funded by the Bureau is
located uses consistent with section 1111(b), or in the
case of schools that are located in more than one State,
the Secretary of the Interior may use whichever State
definition of adequate yearly progress that best meets
the unique circumstances and needs of such school
or schools and the students the schools serve.
(B) WAIVER. The tribal governing body or school
board of a school funded by the Bureau of Indian Affairs
may waive, in part or in whole, the definition of adequate
yearly progress established pursuant to paragraph (A)
where such definition is determined by such body or school
board to be inappropriate. If such definition is waived,
the tribal governing body or school board shall, within
60 days thereafter, submit to the Secretary of Interior
a proposal for an alternative definition of adequate yearly
progress, consistent with section 1111(b), that takes into
account the unique circumstances and needs of such school
or schools and the students served. The Secretary of the
Interior, in consultation with the Secretary if the Secretary
of Interior requests the consultation, shall approve such
alternative definition unless the Secretary determines that
the definition does not meet the requirements of section
1111(b), taking into account the unique circumstances and
needs of such school or schools and the students served.
(C) TECHNICAL ASSISTANCE. The Secretary of Interior
shall, in consultation with the Secretary if the Secretary
of Interior requests the consultation, either directly or
through a contract, provide technical assistance, upon
request, to a tribal governing body or school board of a
school funded by the Bureau of Indian Affairs that seeks
to develop an alternative definition of adequate yearly
progress.
(2) ACCOUNTABILITY FOR BIA SCHOOLS. For the purposes
of this section, schools funded by the Bureau of Indian Affairs
shall be considered schools subject to subsection (b), as specifically
provided for in this subsection, except that such schools
shall not be subject to subsection (c), or the requirements
to provide public school choice and supplemental educational
services under subsections (b) and (e).
(3) SCHOOL IMPROVEMENT FOR BUREAU SCHOOLS.
(A) CONTRACT AND GRANT SCHOOLS. For a school
funded by the Bureau of Indian Affairs which is operated
under a contract issued by the Secretary of the Interior
pursuant to the Indian Self-Determination Act (25 U.S.C.
450 et seq.) or under a grant issued by the Secretary
of the Interior pursuant to the Tribally Controlled Schools
Act of 1988 (25 U.S.C. 2501 et seq.), the school board
of such school shall be responsible for meeting the requirements
of subsection (b) relating to development and
implementation of any school improvement plan as
described in subsections (b)(1) through (b)(3), and subsection
(b)(5), other than subsection (b)(1)(E). The Bureau
of Indian Affairs shall be responsible for meeting the
requirements of subsection (b)(4) relating to technical
assistance.
(B) BUREAU OPERATED SCHOOLS. For schools operated
by the Bureau of Indian Affairs, the Bureau shall be
responsible for meeting the requirements of subsection (b)
relating to development and implementation of any school
improvement plan as described in subsections (b)(1)
through (b)(5), other than subsection (b)(1)(E).
(4) CORRECTIVE ACTION AND RESTRUCTURING FOR BUREAUFUNDED
SCHOOLS.
(A) CONTRACT AND GRANT SCHOOLS. For a school
funded by the Bureau of Indian Affairs which is operated
under a contract issued by the Secretary of the Interior
pursuant to the Indian Self-Determination Act (25 U.S.C.
450 et seq.) or under a grant issued by the Secretary
of the Interior pursuant to the Tribally Controlled Schools
Act of 1988 (25 U.S.C. 2501 et seq.), the school board
of such school shall be responsible for meeting the requirements
of subsection (b) relating to corrective action and
restructuring as described in subsection (b)(7) and (b)(8).
Any action taken by such school board under subsection
(b)(7) or (b)(8) shall take into account the unique circumstances
and structure of the Bureau of Indian Affairsfunded
school system and the laws governing that system.
(B) BUREAU OPERATED SCHOOLS. For schools operated
by the Bureau of Indian Affairs, the Bureau shall be
responsible for meeting the requirements of subsection (b)
relating to corrective action and restructuring as described
in subsection (b)(7) and (b)(8). Any action taken by the
Bureau under subsection (b)(7) or (b)(8) shall take into
account the unique circumstances and structure of the
Bureau of Indian Affairs-funded school system and the
laws governing that system.
(5) ANNUAL REPORT. On an annual basis, the Secretary
of the Interior shall report to the Secretary of Education and
to the appropriate committees of Congress regarding any
schools funded by the Bureau of Indian Affairs which have
been identified for school improvement. Such report shall
include
(A) the identity of each school;
(B) a statement from each affected school board
regarding the factors that lead to such identification; and
(C) an analysis by the Secretary of the Interior, in
consultation with the Secretary if the Secretary of Interior
requests the consultation, as to whether sufficient resources
were available to enable such school to achieve adequate
yearly progress.
(h) OTHER AGENCIES.
After receiving the notice described
in subsection (b)(14)(D), the Secretary may notify, to the extent
feasible and necessary as determined by the Secretary, other relevant
Federal agencies regarding the major factors that were determined
by the State educational agency to have significantly affected
student academic achievement.
For questions about this information, contact oeamail@dpi.wi.gov
Last updated on 2/26/2008 10:43:20 AM
Home
About Us
