Running head: NCLB ARTIFACT
NCLB Artifact
Tiffany Stevenson
EDUC 5382 – Administration of Special Programs
Professor – Dr. Kristy Duckworth
East Texas Baptist University
July 8, 2015
Version 1.0
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NCLB
Ed.gov public knowledge: Exerts from NCLB
SEC. 1001. STATEMENT OF PURPOSE.
The purpose of this title is to ensure that all children have a fair, equal, and significant
opportunity to obtain a high-quality education and reach, at a minimum, proficiency on
challenging State academic achievement standards and state academic assessments. This
purpose can be accomplished by —
(1) ensuring that high-quality academic assessments, accountability systems, teacher
preparation and training, curriculum, and instructional materials are aligned with challenging
State academic standards so that students, teachers, parents, and administrators can measure
progress against common expectations for student academic achievement;
(2) meeting the educational needs of low-achieving children in our Nation's highest-poverty
schools, limited English proficient children, migratory children, children with disabilities, Indian
children, neglected or delinquent children, and young children in need of reading assistance;
(3) closing the achievement gap between high- and low-performing children, especially the
achievement gaps between minority and nonminority students, and between disadvantaged
children and their more advantaged peers;
(4) holding schools, local educational agencies, and States accountable for improving the
academic achievement of all students, and identifying and turning around low-performing
schools that have failed to provide a high-quality education to their students, while providing
alternatives to students in such schools to enable the students to receive a high-quality
education;
(5) distributing and targeting resources sufficiently to make a difference to local educational
agencies and schools where needs are greatest;
(6) improving and strengthening accountability, teaching, and learning by using State
assessment systems designed to ensure that students are meeting challenging State academic
achievement and content standards and increasing achievement overall, but especially for the
disadvantaged;
(7) providing greater decisionmaking authority and flexibility to schools and teachers in
exchange for greater responsibility for student performance;
(8) providing children an enriched and accelerated educational program, including the use of
schoolwide programs or additional services that increase the amount and quality of instructional
time;
(9) promoting schoolwide reform and ensuring the access of children to effective, scientifically
based instructional strategies and challenging academic content;
(10) significantly elevating the quality of instruction by providing staff in participating schools
with substantial opportunities for professional development;
(11) coordinating services under all parts of this title with each other, with other educational
services, and, to the extent feasible, with other agencies providing services to youth, children,
and families; and
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(12) affording parents substantial and meaningful opportunities to participate in the education of
their children.
PART A — TEACHER AND PRINCIPAL TRAINING AND RECRUITING FUND
SEC. 2101. PURPOSE.
The purpose of this part is to provide grants to State educational agencies, local educational
agencies, State agencies for higher education, and eligible partnerships in order to —
(1) increase student academic achievement through strategies such as improving teacher and
principal quality and increasing the number of highly qualified teachers in the classroom and
highly qualified principals and assistant principals in schools; and
(2) hold local educational agencies and schools accountable for improvements in student
academic achievement.
SEC. 2102. DEFINITIONS.
In this part:
(1) ARTS AND SCIENCES- The term arts and sciences' means —
(A) when referring to an organizational unit of an institution of higher education, any academic
unit that offers one or more academic majors in disciplines or content areas corresponding to
the academic subjects in which teachers teach; and
(B) when referring to a specific academic subject, the disciplines or content areas in which an
academic major is offered by an organizational unit described in subparagraph (A).
(2) CHARTER SCHOOL- The term charter school' has the meaning given the term in section
5210.
(3) HIGH-NEED LOCAL EDUCATIONAL AGENCY- The term high-need local educational
agency' means a local educational agency —
(A)(i) that serves not fewer than 10,000 children from families with incomes below the poverty
line; or
(ii) for which not less than 20 percent of the children served by the agency are from families with
incomes below the poverty line; and
(B)(i) for which there is a high percentage of teachers not teaching in the academic subjects or
grade levels that the teachers were trained to teach; or
(ii) for which there is a high percentage of teachers with emergency, provisional, or temporary
certification or licensing.
(4) HIGHLY QUALIFIED PARAPROFESSIONAL- The term highly qualified paraprofessional'
means a paraprofessional who has not less than 2 years of —
(A) experience in a classroom; and
(B) postsecondary education or demonstrated competence in a field or academic subject for
which there is a significant shortage of qualified teachers.
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(5) OUT-OF-FIELD TEACHER- The term out-of-field teacher' means a teacher who is teaching
an academic subject or a grade level for which the teacher is not highly qualified.
(6) PRINCIPAL- The term principal' includes an assistant principal.
SEC. 2103. AUTHORIZATIONS OF APPROPRIATIONS.
(a) GRANTS TO STATES, LOCAL EDUCATIONAL AGENCIES, AND ELIGIBLE
PARTNERSHIPS- There are authorized to be appropriated to carry out this part (other than
subpart 5) $3,175,000,000 for fiscal year 2002 and such sums as may be necessary for each of
the 5 succeeding fiscal years.
(b) NATIONAL PROGRAMS- There are authorized to be appropriated to carry out subpart 5
such sums as may be necessary for fiscal year 2002 and each of the 5 succeeding fiscal years.
SEC. 3001. AUTHORIZATIONS OF APPROPRIATIONS; CONDITION ON EFFECTIVENESS
OF PARTS.
(a) AUTHORIZATIONS OF APPROPRIATIONS(1) IN GENERAL- Subject to subsection (b), there are authorized to be appropriated to carry out
this title, except for subpart 4 of part B, $750,000,000 for fiscal year 2002 and such sums as
may be necessary for each of the 5 succeeding fiscal years.
(2) EMERGENCY IMMIGRANT EDUCATION PROGRAM- There are authorized to be
appropriated to carry out subpart 4 of part B (when such part is in effect) such sums as may be
necessary for fiscal year 2002 and each of the 5 succeeding fiscal years.
(b) CONDITIONS ON EFFECTIVENESS OF PARTS A AND B(1) PART A- Part A shall be in effect for any fiscal year for which the amount appropriated under
paragraphs (1) and (2) of subsection (a) equals or exceeds $650,000,000.
(2) PART B- Part B shall be in effect only for a fiscal year for which part A is not in effect.
(c) REFERENCES- In any fiscal year for which part A is in effect, references in Federal law
(other than this title) to part B shall be considered to be references to part A. In any fiscal year
for which part B is in effect, references in Federal law (other than this title) to part A shall be
considered to be references to part B.
SEC. 3101. SHORT TITLE.
This part may be cited as the 'English Language Acquisition, Language Enhancement, and
Academic Achievement Act'.
SEC. 3102. PURPOSES.
The purposes of this part are —
(1) to help ensure that children who are limited English proficient, including immigrant children
and youth, attain English proficiency, develop high levels of academic attainment in English, and
meet the same challenging State academic content and student academic achievement
standards as all children are expected to meet;
(2) to assist all limited English proficient children, including immigrant children and youth, to
achieve at high levels in the core academic subjects so that those children can meet the same
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challenging State academic content and student academic achievement standards as all
children are expected to meet, consistent with section 1111(b)(1);
(3) to develop high-quality language instruction educational programs designed to assist State
educational agencies, local educational agencies, and schools in teaching limited English
proficient children and serving immigrant children and youth;
(4) to assist State educational agencies and local educational agencies to develop and enhance
their capacity to provide high-quality instructional programs designed to prepare limited English
proficient children, including immigrant children and youth, to enter all-English instruction
settings;
(5) to assist State educational agencies, local educational agencies, and schools to build their
capacity to establish, implement, and sustain language instruction educational programs and
programs of English language development for limited English proficient children;
(6) to promote parental and community participation in language instruction educational
programs for the parents and communities of limited English proficient children;
(7) to streamline language instruction educational programs into a program carried out through
formula grants to State educational agencies and local educational agencies to help limited
English proficient children, including immigrant children and youth, develop proficiency in
English, while meeting challenging State academic content and student academic achievement
standards;
(8) to hold State educational agencies, local educational agencies, and schools accountable for
increases in English proficiency and core academic content knowledge of limited English
proficient children by requiring —
(A) demonstrated improvements in the English proficiency of limited English proficient children
each fiscal year; and
(B) adequate yearly progress for limited English proficient children, including immigrant children
and youth, as described in section 1111(b)(2)(B); and
(9) to provide State educational agencies and local educational agencies with the flexibility to
implement language instruction educational programs, based on scientifically based research
on teaching limited English proficient children, that the agencies believe to be the most effective
for teaching English.
TITLE IV--21ST CENTURY SCHOOLS
PART A — SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES
SEC. 4001. SHORT TITLE.
This part may be cited as the 'Safe and Drug-Free Schools and Communities Act'.
SEC. 4002. PURPOSE.
The purpose of this part is to support programs that prevent violence in and around schools;
that prevent the illegal use of alcohol, tobacco, and drugs; that involve parents and
communities; and that are coordinated with related Federal, State, school, and community
efforts and resources to foster a safe and drug-free learning environment that supports student
academic achievement, through the provision of Federal assistance to —
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(1) States for grants to local educational agencies and consortia of such agencies to establish,
operate, and improve local programs of school drug and violence prevention and early
intervention;
(2) States for grants to, and contracts with, community-based organizations and public and
private entities for programs of drug and violence prevention and early intervention, including
community-wide drug and violence prevention planning and organizing activities;
(3) States for development, training, technical assistance, and coordination activities; and
(4) public and private entities to provide technical assistance; conduct training, demonstrations,
and evaluation; and to provide supplementary services and community-wide drug and violence
prevention planning and organizing activities for the prevention of drug use and violence among
students and youth.
SEC. 4003. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated —
(1) $650,000,000 for fiscal year 2002, and such sums as may be necessary for each of the 5
succeeding fiscal years, for State grants under subpart 1; and
(2) such sums for fiscal year 2002, and for each of the 5 succeeding fiscal years, for national
programs under subpart 2.
PART A — INNOVATIVE PROGRAMS
SEC. 5101. PURPOSES, STATE AND LOCAL RESPONSIBILITY.
(a) PURPOSES- The purposes of this part are the following:
(1) To support local education reform efforts that are consistent with and support statewide
education reform efforts.
(2) To provide funding to enable State educational agencies and local educational agencies to
implement promising educational reform programs and school improvement programs based on
scientifically based research.
(3) To provide a continuing source of innovation and educational improvement, including support
programs to provide library services and instructional and media materials.
(4) To meet the educational needs of all students, including at-risk youth.
(5) To develop and implement education programs to improve school, student, and teacher
performance, including professional development activities and class size reduction programs.
(b) STATE AND LOCAL RESPONSIBILITY- The State educational agency shall bear the basic
responsibility for the administration of funds made available under this part, but it is the intent of
Congress that the responsibility be carried out with a minimum of paperwork and that the
responsibility for the design and implementation of programs assisted under this part be mainly
that of local educational agencies, school superintendents and principals, and classroom
teachers and supporting personnel, because local educational agencies and individuals have
the most direct contact with students and are most likely to be able to design programs to meet
the educational needs of students in their own school districts.
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Title VI — Flexibility and Accountability
SEC. 601. FLEXIBILITY AND ACCOUNTABILITY.
Title VI (20 U.S.C. 7301 et seq.) is amended to read as follows:
TITLE VI — FLEXIBILITY AND ACCOUNTABILITY
PART A — IMPROVING ACADEMIC ACHIEVEMENT
Subpart 1 — Accountability
SEC. 6111. GRANTS FOR STATE ASSESSMENTS AND RELATED ACTIVITIES.
The Secretary shall make grants to States to enable the States —
(1) to pay the costs of the development of the additional State assessments and standards
required by section 1111(b), which may include the costs of working in voluntary partnerships
with other States, at the sole discretion of each such State; and
(2) if a State has developed the assessments and standards required by section 1111(b), to
administer those assessments or to carry out other activities described in this subpart and other
activities related to ensuring that the State's schools and local educational agencies are held
accountable for results, such as the following:
(A) Developing challenging State academic content and student academic achievement
standards and aligned assessments in academic subjects for which standards and assessments
are not required by section 1111(b).
(B) Developing or improving assessments of English language proficiency necessary to comply
with section 1111(b)(7).
(C) Ensuring the continued validity and reliability of State assessments.
(D) Refining State assessments to ensure their continued alignment with the State's academic
content standards and to improve the alignment of curricula and instructional materials.
(E) Developing multiple measures to increase the reliability and validity of State assessment
systems.
(F) Strengthening the capacity of local educational agencies and schools to provide all students
the opportunity to increase educational achievement, including carrying out professional
development activities aligned with State student academic achievement standards and
assessments.
(G) Expanding the range of accommodations available to students with limited English
proficiency and students with disabilities to improve the rates of inclusion of such students,
including professional development activities aligned with State academic achievement
standards and assessments.
(H) Improving the dissemination of information on student achievement and school performance
to parents and the community, including the development of information and reporting systems
designed to identify best educational practices based on scientifically based research or to
assist in linking records of student achievement, length of enrollment, and graduation over time.
SEC. 6112. GRANTS FOR ENHANCED ASSESSMENT INSTRUMENTS.
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(a) GRANT PROGRAM AUTHORIZED- From funds made available to carry out this subpart, the
Secretary shall award, on a competitive basis, grants to State educational agencies that have
submitted an application at such time, in such manner, and containing such information as the
Secretary may require, which demonstrate to the satisfaction of the Secretary, that the
requirements of this section will be met, for the following:
(1) To enable States (or consortia of States) to collaborate with institutions of higher education,
other research institutions, or other organizations to improve the quality, validity, and reliability of
State academic assessments beyond the requirements for such assessments described in
section 1111(b)(3).
(2) To measure student academic achievement using multiple measures of student academic
achievement from multiple sources.
(3) To chart student progress over time.
(4) To evaluate student academic achievement through the development of comprehensive
academic assessment instruments, such as performance and technology-based academic
assessments.
(b) APPLICATION- Each State wishing to apply for funds under this section shall include in its
State plan under part A of title I such information as the Secretary may require.
(c) ANNUAL REPORT- Each State educational agency receiving a grant under this section shall
submit an annual report to the Secretary describing its activities, and the result of those
activities, under the grant.
SEC. 6113. FUNDING.
(a) AUTHORIZATION OF APPROPRIATIONS(1) NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS- For the purpose of
administering the State assessments under the National Assessment of Educational Progress,
there are authorized to be appropriated $72,000,000 for fiscal year 2002, and such sums as
may be necessary for each of the 5 succeeding fiscal years.
(2) STATE ASSESSMENTS AND RELATED ACTIVITIES- For the purpose of carrying out this
subpart, there are authorized to be appropriated $490,000,000 for fiscal year 2002, and such
sums as may be necessary for each of the 5 succeeding fiscal years.
(b) ALLOTMENT OF APPROPRIATED FUNDS(1) IN GENERAL- From amounts made available for each fiscal year under subsection (a)(2)
that are equal to or less than the amount described in section 1111(b)(3)(D) (hereinafter in this
subsection referred to as the trigger amount'), the Secretary shall —
(A) reserve one-half of 1 percent for the Bureau of Indian Affairs;
(B) reserve one-half of 1 percent for the outlying areas; and
(C) from the remainder, allocate to each State an amount equal to —
(i) $3,000,000; and
(ii) with respect to any amounts remaining after the allocation is made under clause (i), an
amount that bears the same relationship to such total remaining amounts as the number of
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students ages 5 through 17 in the State (as determined by the Secretary on the basis of the
most recent satisfactory data) bears to the total number of such students in all States.
(2) REMAINDER- Any amounts remaining for a fiscal year after the Secretary carries out
paragraph (1) shall be made available as follows:
(A)(i) To award funds under section 6112 to States according to the quality, needs, and scope of
the State application under that section.
(ii) In determining the grant amount under clause (i), the Secretary shall ensure that a State's
grant shall include an amount that bears the same relationship to the total funds available under
this paragraph for the fiscal year as the number of students ages 5 through 17 in the State (as
determined by the Secretary on the basis of the most recent satisfactory data) bears to the total
number of such students in all States.
(B) Any amounts remaining after the Secretary awards funds under subparagraph (A) shall be
allocated to each State that did not receive a grant under such subparagraph, in an amount that
bears the same relationship to the total funds available under this subparagraph as the number
of students ages 5 through 17 in the State (as determined by the Secretary on the basis of the
most recent satisfactory data) bears to the total number of such students in all States.
(c) STATE DEFINED- In this section, the term State' means each of the 50 States, the District of
Columbia, and the Commonwealth of Puerto Rico.
MISD School Board Policy/Legal:
Note: The following contains basic requirements under the No Child Left Behind Act (NCLB)
for districts and schools receiving Title I, Part A funds, but does not represent a complete list of
legal obligations of such districts and schools. Those districts and schools that receive Title I,
Part A funds should carefully review federal and state requirements concerning use of those
funds.
district plan
The District may receive a subgrant under Title I, Part A for any fiscal year only if the District has
on file a plan approved by TEA. The plan shall include the items listed at 20 U.S.C. 6312(b) and
the required assurances under 20 U.S.C. 6312(c). The plan may be submitted as part of a
consolidated application. 20 U.S.C 6312(a)–(c)
The District shall develop its plan in consultation with teachers, principals, administrators, and
other appropriate school personnel, and with parents of children in schools served under Title I,
Part A. The plan shall remain in effect for the duration of the District’s participation under Title I,
Part A. The District shall periodically review and, as necessary, revise its plan. 20 U.S.C.
6312(d)(3)
Annual review
A district receiving federal funds under Title I, Part A shall:
Use the state academic assessments and other academic indicators described in the state plan
to review annually the progress of each school served under Title I, Part A to determine whether
the school is making adequate yearly progress (AYP).
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At the District’s discretion, use any assessments or any other academic indicators described in
the District plan to review annually the progress of each school served under Title I, Part A to
determine whether the school is making AYP.
Publicize and disseminate the results of the local annual review to parents, teachers, principals,
schools, and the community.
Review the effectiveness of the actions and activities with respect to parental involvement,
professional development, and other activities assisted under Title I, Part A.
20 U.S.C. 6316(a)
“AYP” defined
All public school campuses and districts are required to meet AYP criteria on three measures:
reading/English language arts, mathematics, and either graduation rate (for high schools and
districts) or attendance rate (for elementary and middle/junior high schools). The performance
of the District or a campus is reported through indicators of AYP status established by the
Commissioner. The specific criteria and calculations used in AYP are established annually by
the Commissioner and communicated to all school districts. 19 TAC 97.1004
Transfer of disciplinary records
The state shall provide an assurance to the United States Secretary of Education that the state
has a procedure in place to facilitate the transfer by districts of disciplinary records, with respect
to a suspension or expulsion, to any private or public elementary school or secondary school for
any student who is enrolled or seeks, intends, or is instructed to enroll, on a full- or part-time
basis, in the school. 20 U.S.C. 7165(b)
Campus-level interventions and sanctions
A school that fails to make AYP is subject to identification by the District for improvement,
corrective action, or alternative governance, as described below. 20 U.S.C. 6316(b)(1), (b)(5),
(b)(7), (b)(8)
PRE-IDENTIFICATION REVIEW
Before identifying a school for improvement, corrective action, or restructuring, the District shall
provide the school with an opportunity to review the school-level data, including academic
assessment data, on which the proposed identification is based.
If the principal of a school proposed for identification 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 District,
which shall consider that evidence before making a final determination.
Not later than 30 days after the District provides the school with the opportunity to review such
school-level data, the District shall make public a final determination on the status of the school
with respect to the identification.
20 U.S.C. 6316(b)(2)
DURATION
If a school identified for improvement, corrective action, or restructuring makes AYP for two
consecutive school years, the District shall no longer subject the school to the requirements of
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improvement, corrective action, or restructuring, or identify the school for improvement for the
succeeding school year. 20 U.S.C. 6316(b)(12)
general requirements
If a school is identified for improvement, corrective action, or restructuring, the District shall:
Provide notice to parents, as described below;
Provide eligible students with supplemental services; and
Provide students enrolled in the school with an option to transfer to a higher performing school
[see OPTION TO TRANSFER, below].
NOTICE TO PARENTS
The District shall promptly provide notice of identification to the parent or parents of each
student enrolled in the school. The notice shall be in an understandable and uniform format
and, to the extent practicable, in a language the parents can understand. The notice shall
provide:
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 District
and TEA.
The reasons for the identification.
An explanation of what the school identified for improvement is doing to address the problem of
low achievement.
An explanation of what the District or TEA is doing to help the school address the achievement
problem.
An explanation of how parents can become involved in addressing the academic issues that
caused the school to be identified for improvement.
An explanation of the parents’ option to transfer their child to another public school or to obtain
supplemental educational services for the child.
20 U.S.C. 6316(b)(6), (b)(7)(E)
SUPPLEMENTAL SERVICES
The District shall arrange for the provision of supplemental educational services to eligible
children from a provider with a demonstrated record of effectiveness. The provider shall be
selected by the parents and approved for that purpose by TEA. Nothing contained in this
provision shall permit the making of any payment for religious worship or instruction.
An “eligible child” means a child from a low-income family, as determined by the District for
purposes of allocating funds to schools under 20 U.S.C. 6313(c).
“Supplemental educational services” means tutoring and other supplemental academic
enrichment services that are:
In addition to instruction provided during the school day; and
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High quality, research-based, and specifically designed to increase the academic achievement
of eligible children on academic assessments and attain proficiency in meeting the state’s
academic achievement standards.
The District shall continue to provide supplemental educational services to a child receiving
such services until the end of the school year in which such services were first received.
The District may request that TEA waive, in whole or in part, the requirement to provide
supplemental educational services.
20 U.S.C. 6316(e)
Annual notice
If a school is identified for improvement, corrective action, or restructuring, the district shall
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:
The availability of supplemental services;
The identity of approved providers of those services that are within the district or whose services
are reasonably available in neighboring districts; and
A brief description of the services, qualifications, and demonstrated effectiveness of each such
provider.
20 U.S.C. 6316(e)(2)(A)
The notice shall include information provided by TEA that identifies characteristics of
supplemental services that have been demonstrated to be more likely to foster improvement in
student academic performance and sorts, for each subject for which supplemental services are
provided, supplemental service providers serving district students according to the provider's
level of effectiveness in improving student performance in the applicable subject area.
TEA shall notify each appropriate district if it removes a supplemental services provider from its
list of approved providers. Each district shall provide notice of the removal to parents of
appropriate students.
Education Code 26.0082
option to Transfer
Not later than the first day of the school year following identification, the District shall provide all
students enrolled in the school with the option to transfer to another public school in the District
that has not been identified for improvement. 20 U.S.C. 6316(b)(1)(E) [See CNA and FDB]
failure to make AYP for two years
The District shall identify for improvement any elementary or secondary school served under
Title I, Part A that fails, for two consecutive years, to make AYP. The identification shall take
place before the beginning of the school year following such failure to make AYP. 20 U.S.C.
6316(b)(1)(A)–(B)
SCHOOL PLAN
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After the resolution of any pre-identification review, the school shall, not later than three months
after being identified for improvement, develop or revise a school plan in consultation with
parents, school staff, the District, and outside experts. The school plan shall cover a two-year
period and address the items at 20 U.S.C. 6316(b)(3)(A).
The 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 for improvement. If a
plan is not approved before the beginning of a school year, such plan shall be implemented
immediately upon approval.
Within 45 days of receiving a school plan, the District shall:
Establish a peer review process to assist with review of the school plan; and
Promptly review the school plan, work with the school as necessary, and approve the plan if it
meets requirements.
20 U.S.C. 6316(b)(3)(E)
TECHNICAL ASSISTANCE
For each school identified for improvement, the District shall ensure the provision of technical
assistance as the school develops and implements the school plan. Such technical assistance
shall include the items listed at 20 U.S.C. 6316(b)(4)(B) and shall be based on scientifically
based research. 20 U.S.C. 6316(b)(4)
FAILURE TO MAKE AYP FOR THREE YEARS
If the school fails to make AYP by the end of the first full school year after identification, the
District shall:
Continue to provide students with the option to transfer to another school served by the District;
Make supplemental educational services available; and
Continue to provide technical assistance.
20 U.S.C. 6316(b)(5)
FAILURE TO MAKE AYP FOR FOUR YEARS
If the school fails to make AYP by the end of the second full school year after identification, the
District shall identify the school for corrective action and take at least one of the following
corrective actions:
Replace the school staff relevant to the failure to make AYP.
Institute and fully implement a new curriculum, including 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 AYP.
Significantly decrease management authority at the school level.
Appoint an outside expert to advise the school on its progress toward making AYP.
Extend the school year or school day for the school.
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Restructure the internal organizational structure of the school.
20 U.S.C. 6316(b)(7)(C)
FAILURE TO MAKE AYP FOR FIVE YEARS
If, after one full school year of corrective action, a school continues to fail to make AYP, the
District shall prepare a plan and make necessary arrangements to carry out alternative
governance.
Not later than the beginning of the school year following the year in which the District
implements restructuring, the District shall implement one of the following alternative
governance arrangements for the school consistent with state law:
Reopen the school as a public charter school.
Replace all or most of the school staff (which may include the principal) who are relevant to the
failure to make AYP.
Enter into a contract with an entity, such as a private management company, with a
demonstrated record of effectiveness, to operate the public school.
Turn the operation of the school over to the TEA, if permitted under state law and agreed to by
the state.
Execute 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 AYP.
20 U.S.C. 6316(b)(8)(B)
NOTICE to teachers and parents
The District shall provide prompt notice to teachers and parents of the identification for
restructuring. The District shall provide the teachers and parents with an adequate opportunity
to comment before the District takes action and to participate in developing any restructuring
plan.
district-LEVEL interventions and sanctions
A district that fails to make AYP is subject to identification by TEA for district improvement or
corrective action. 20 U.S.C. 6316(c)
PRE-IDENTIFICATION REVIEW
Before identifying the District for improvement or corrective action, TEA shall provide the District
with an opportunity to review the data, including academic assessment data, on which the
proposed identification is based. If the District believes that the proposed identification is in
error for statistical or other substantive reasons, the District may provide supporting evidence to
TEA, which shall consider the evidence before making a final determination not later than 30
days after any pre-identification review.
TEA shall promptly provide to the parents of each student enrolled in a school served by a
district identified for improvement, the results of any pre-identification review and, if the District
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is identified for improvement, the reasons for that identification and how parents can participate
in upgrading the quality of the District.
20 U.S.C. 6316(c)(5)
Duration
If the District makes AYP for two consecutive school years beginning after the date of
identification for improvement, TEA need no longer identify the District for improvement or
subject the District to corrective action for the succeeding school year. 20 U.S.C. 6316(c)(11)
identification for improvement
TEA shall identify for improvement a district that, for two consecutive years, fails to make AYP.
20 U.S.C. 6316(c)(3)
DISTRICT PLAN
A district identified for improvement shall, not later than three months after being so identified,
develop or revise a District plan, in consultation with parents, school staff, and others. The plan
shall address the items at 20 U.S.C. 6316(b)(7)(A). The District 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 District was identified for improvement. 20 U.S.C. 6316(c)(7)
TEA shall provide technical or other assistance if requested to better enable the District to
develop and implement its plan and work with schools needing improvement. The technical
assistance shall be supported by effective methods and instructional strategies based on
scientifically based research. Such technical assistance shall address problems, if any, in
implementing parental involvement and professional development activities. 20 U.S.C.
6316(c)(9)
identification for CORRECTIVE ACTION
After providing technical assistance, TEA may take corrective action at any time with respect to
a district that has been identified for improvement.
TEA shall take corrective action with respect to a district that fails to make AYP by the end of the
second full school year after the identification for improvement. TEA shall continue to provide
technical assistance while instituting any corrective action.
If the District is identified for corrective action, TEA shall take at least one of the following
actions:
Defer programmatic funds or reduce administrative funds.
Institute and fully implement a new curriculum.
Replace District personnel relevant to the failure to make AYP.
Remove particular schools from the jurisdiction of the District and establish alternative
arrangements for public governance and supervision of such schools.
Appoint a receiver or trustee to administer the affairs of the District in place of the
Superintendent and Board.
Abolish or restructure the District.
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In conjunction with at least one of the actions listed above, authorize students to transfer to a
higher-performing public school operated by another district.
20 U.S.C. 6316(c)(10)
TEA may delay, for a period not to exceed one year, implementation of corrective action if the
District makes AYP for one year or its failure to make AYP is due to exceptional or uncontrollable
circumstances, such as a natural disaster or a precipitous and unforeseen decline in the
financial resources of the District. No such period shall be taken into account in determining the
number of consecutive years of failure to make AYP.
HEARING
Before implementing any corrective action, TEA shall provide notice and a hearing to the
affected district, 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. 20 U.S.C.
6316(c)(10)(D)
NOTICE TO PARENTS
TEA shall publish, and disseminate to parents and the public, information on any corrective
action TEA takes, through such means as the Internet, the media, and public agencies. 20
U.S.C. 6316(c)(10)(E)
General knowledge from https://www.understood.org/en/school-learning/your-childsrights/basics-about-childs-rights/how-no-child-left-behind-affects-your-child
At a Glance
No Child Left Behind (NCLB) is the main law for K–12 general education in the United States.
The law holds schools accountable for how kids learn and achieve.
The law is controversial in part because it penalizes schools that don’t show improvement.
The No Child Left Behind Act of 2001 (NCLB) affects every public school in the United States.
Its goal is to level the playing field for students who are disadvantaged, including:
Students in poverty
Minorities
Students receiving special education services
Those who speak and understand limited or no English
Added requirements hold schools more accountable for students’ progress.
NCLB has been controversial. Here’s an overview of how the law affects students with learning
and attention issues.
NCLB: Holding Schools Accountable
NCLB is the latest version of the Elementary and Secondary Education Act (ESEA). Its goal is to
provide equal educational opportunities for disadvantaged students.
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NCLB is different from previous versions of ESEA. It holds schools accountable for how kids
learn and achieve in several ways:
Annual testing: Schools must give students statewide math and reading tests every year in
grades 3–8 and once in grades 10–12. Parents have the right to get individual test results for
their children. Schools must publicly report school and “subgroup” results. For example, schools
have to report how students in special education are performing on reading and math tests.
Academic progress: States must bring all students, including those in special education, up to
the “proficient” level on tests. They must set targets for improvement, calledadequate yearly
progress (AYP). Schools essentially get a report card from the state on how they’re performing.
The school must share that information with parents of their students. If a school doesn’t meet
AYP, it can be labeled as “needing improvement.”
Penalties: Schools with many low-income students are called “Title I schools.” If a Title I school
doesn’t meet AYP, NCLB allows the state to change the school’s leadership team or even close
the school. If a school repeatedly fails to meet AYP, parents have the option to move their
children to another school.
AYP goals and sanctions are supposed to push schools to improve services and instruction for
struggling students, including children in special education. These penalties don’t apply to non–
Title I schools.
Accommodations on Statewide Tests
Children with Individualized Education Programs (IEPs) and 504 plans often have
accommodations to help them learn in school. NCLB says that reasonable accommodations
must also be provided to them for statewide tests.
NCLB says that all students must take state tests. To have AYP, schools must test at least 95
percent of children in “subgroups.” This includes students in poverty, minorities and those
receiving special education services.
Other NCLB Improvements
NCLB gives more flexibility to states in how they spend federal funding, as long as schools are
improving.
NCLB says all teachers must be “highly qualified” in the subject they teach. Special education
teachers must be certified and demonstrate knowledge in every subject they teach.
NCLB says that schools must use science- and research-based instruction and teaching
methods.
Pros and Cons of NCLB for Students With Learning and Attention Issues
On the positive side, NCLB led to inclusion. Before NCLB, many schools didn’t measure the
progress of students with learning and attention issues. These students were often shut out of
the general education curriculum and left out of state tests.
NCLB also set the expectation that struggling students learn alongside their peers. By making
schools report their results by subgroup, NCLB shined a light on students receiving special
education services. Schools were pushed to give struggling students more attention, support
and help.
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And they did. In the decade since NCLB was enacted, education results have improved. The
graduation rate for students with specific learning disabilities increased from 57 percent in 2002
to 68 percent in 2011.
On the negative side, some say that NCLB focused too much on standardized testing. Some
schools end up “teaching to the test”—focusing only on what students are tested on. This leaves
little time for anything else they may need or want to learn.
Certain penalties, such as requiring school improvement plans, are reasonable, critics say.
Others can be very harsh, such as firing school staff or closing a school that’s struggling. Critics
have linked several cheating scandals to NCLB, citing the pressure on teachers and educators
to perform.
Some argue that NCLB’s standards-based accountability is inconsistent with special education,
which focuses on meeting a child’s individual needs.
Despite the controversy, most people support parts of NCLB—especially requirements for highly
qualified teachers, research-based instruction and basic reporting on school results.
NCLB in Limbo?
Most federal laws are not meant to be permanent. They need to be reauthorized every few
years. NCLB is currently several years overdue for reauthorization. Congress hasn’t agreed on
how to change the law.
Because the law is overdue, the U.S. Department of Education has given “waivers” to more than
40 states. These waivers mean that parts of NCLB still apply.
But each of these states has different accountability rules. So students don’t have the same
expectations in all states. Find out about your state on the Department of Education’s NCLB
waiver page.
Read up on other laws important to parents of children who have learning and attention issues,
including the Individuals with Disabilities Education Act orSection 504 of the Rehabilitation Act. If
your child has an IEP, you may also want to explore standards-based IEPs as well as types of
accommodations that are available for test taking.
Key Takeaways
Your child may be entitled to accommodations on state tests.
NCLB’s focus on accountability through tests and penalties for schools is controversial.
Understanding NCLB and other laws can help you advocate for your child.