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An Overview of the No Child Left Behind Act and Practical Implications of Implementation for Pinella

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Title: An Overview of the No Child Left Behind Act and Practical Implications of Implementation for Pinella


1
An Overview of the No Child Left Behind Act and
Practical Implications of Implementation for
Pinellas County Administrators
  • Jay P. UrwitzHale and Dorr LLPNovember 22, 2002

2
Elementary and Secondary Education Act Overview
and Introduction
  • Signed into law January 8, 2002
  • Six year reauthorization of ESEA (FY02 FY07)
  • New law places new emphases on states and
    districts to improve student achievement and
    close academic gaps among students of different
    racial, economic and ethnic backgrounds

3
ESEA Reauthorization New Emphases
  • On increased and improved assessment
  • On accountability
  • On increased inclusion of disabled and limited
    English proficiency students
  • On reporting to parents
  • On professional development
  • On early reading diagnoses and development
  • On technology education initiatives
  • On funding flexibility

4
ESEA Reauthorization ASSESSMENTS Federal
Support, Eventual Tests in Science, More Frequent
Tests
  • 387 million in 2002 appropriations to assist
    states in development and administration of
    assessments now required. Increasing federal
    appropriations are anticipated for each year of
    the authorization
  • Assessments aligned with state content standards
    required in reading, mathematics, and beginning
    in 2007 science
  • Administered once or more in grades 3-5 grades
    6-9 and grades 10-12
  • Assessment against required state content
    standards in reading and math also required
    yearly in grades 3-8, and at least once in 10-12
    beginning in the 2005-2006 school year

5
ESEA Reauthorization ASSESSMENTS Technical
Test Requirements
  • States select and administer their own tests
  • Assessments must be valid and reliable and
    consistent with nationally recognized
    professional and technical standards

6
ESEA Reauthorization ACCOUNTABILITY Measuring
Adequate Yearly Progress
  • Tests measure the Adequate Yearly Progress
    (AYP) of each Local Education Agency (LEA) under
    a single statewide accountability system.
    Different LEAs can use different tests as long as
    they can be compared
  • Each state establishes a definition of AYP to use
    each year to determine the achievement of each
    LEA and school

7
ESEA Reauthorization ACCOUNTABILITY Measuring
Adequate Yearly Progress(contd)
  • States identify for improvement any Title I
    school that doesnt meet the States definition
    of AYP
  • Designation that a school is in need of
    improvement has substantial consequences,
    including
  • Public school choice for students
  • Student eligibility to receive supplemental
    services
  • Schools receive technical assistance from the LEA
    and must develop two-year improvement plan
  • Increased funding available for school
    improvement from LEA

8
ESEA Reauthorization ACCOUNTABILITY School
Improvement Identification
  • Each school identified for school improvement
    must develop or revise a 2-year school
    improvement plan for approval by LEA, in
    consultation with parents, staff, local education
    agency and other experts
  • Plan incorporates research-based strategies, a
    10 set aside of Title I funds for professional
    development, extended learning time as
    appropriate (incl. school day or year), and
    strategies to promote parental involvement and
    new teacher mentoring

9
ESEA ReauthorizationDistrict Technical Assistance
  • School improvement identification also requires
    LEA to provide technical assistance as the school
    develops and implements its 2-year improvement
    plan
  • LEA assistance includes identifying
    scientifically-based professional development
    practices, analyzing assessment data, and
    reallocating school budgets

10
ESEA Reauthorization ACCOUNTABILITY School
Choice
  • Schools that do not make AYP for 2 consecutive
    years are required to offer public school choice
    to all students in school-improvement schools
  • Priority is given to the lowest-achieving
    children from low-income families
  • School district must notify parents annually that
    their children may transfer schools
  • LEAs pay for the associated transportation costs

11
ESEA Reauthorization ACCOUNTABILITY
Supplemental Services
  • If schools do not make AYP for 3 consecutive
    years the LEA must make supplemental services
    available to ALL students in the school
  • State identifies the eligible providers and
    develops objective criteria for supplemental
    services
  • Parents choose the service providers from state
    approved list
  • LEA notifies parents annually that their children
    are eligible for supplemental services

12
ESEA Reauthorization ACCOUNTABILITY Corrective
Action
  • Schools that do not make AYP for 4 consecutive
    years are subject to corrective action by the LEA
  • Corrective Action includes at least one of the
    following activities
  • Replace school staff
  • Implement new curriculum (with professional
    development)
  • Extend school year or school day
  • Decrease management authority at school level
  • Reorganize the school internally
  • Appoint outside expert to advise the school

13
ESEA Reauthorization ACCOUNTABILITY
Restructuring
  • Schools that do not make AYP for 5 consecutive
    years undergo school management and/or governance
    restructuring
  • Restructuring may include reopening the school as
    a charter school, replacing all or most of the
    school staff relevant to the failure to make AYP,
    or turning over school operations either to the
    state or to a private company

14
ESEA Reauthorization ACCOUNTABILITY
Proficiency on a Timeline
  • States must set the AYP definition so that ALL
    students are expected to improve annually
  • System establishes statewide proficiency goals,
    based on assessment data from 2001-02 school
    year, that incrementally increase to reflect 100
    percent proficiency for ALL students by 2013-14
  • Increases in proficiency rates must occur for a
    school to make AYP

15
ESEA Reauthorization ACCOUNTABILITY
Proficiency on a Timeline (contd)
  • Intermediate goals are also met
  • incremental increases, of equal size, are to be
    set across the timeline, the first increase to
    occur not later than 2 years after enactment
    (2003-04 school year)
  • each student group must meet them, except that if
    the group failed, it will still be considered to
    have made adequate yearly progress if the
    number of nonproficient students in the subgroup
    decreased by 10 from the prior year
  • The cutoff score established by the state for
    each subgroup as the desired objective for that
    subgroup must be followed by every LEA

16
ESEA Reauthorization NEW EMPHASIS ON INCLUSION
Accommodating Student Groups
  • Students with disabilities are to be provided
    reasonable adaptations and accommodations to
    allow their participation in school-wide
    assessments
  • Specific annual achievement objectives are to be
    set for
  • Limited English proficiency students
  • Major ethnic/racial groups
  • Economically disadvantaged students
  • Students with disabilities
  • Testing results are to be disaggregated to show
    results of each group above, as well as of each
    gender and migrants

17
ESEA Reauthorization NEW EMPHASIS ON INCLUSION
English Proficiency
  • Title III funding for dual-language instructional
    programs by LEAs to assure that limited English
    proficiency students attain English proficiency
    and Title I aligned state academic standards
  • 665 million allotted for FY2002
  • Formula grants are available to States based on
    the States share of limited English proficient
    and recent immigrant students.
  • States make competitive subgrants to LEAs based
    on its share of the limited English proficient
    student population. States can reserve up to 15
    of the funds for LEAs that have experienced
    significant increases in the percentage or number
    of immigrant students or that have limited
    experience in serving immigrant students
  • If appropriation less than 650 million then
    funding formulas are similar to those used
    before NCLB implementation --funding through
    approx. 13 grant programs

18
ESEA Reauthorization NEW EMPHASIS ON INCLUSION
English Proficiency
  • Children who have been in the U.S. for three or
    more consecutive years must take annual
    assessment in English in accordance with Title I
  • States must also hold subgrantees accountable for
    making AYP and meeting all Title I aligned annual
    achievement objectives for limited English
    proficient students

19
ESEA Reauthorization REPORTING Results of an
Assessment
  • New requirement As soon as is practicably
    possible after the assessment is given, a school
    must provide parents, teachers, and principals an
    individualized report, that
  • is in an understandable and uniform format, in a
    language that parents understand (to the extent
    practicable)
  • informs parents of the students level of
    achievement reached, according to state
    standards, on each required assessment
  • is interpretive, descriptive and diagnostic
  • is capable of interpretation by itemized score
    analyses, to reveal specific student needs as
    indicated by particular assessment items

20
ESEA Reauthorization REPORTING Results of an
Assessment (contd)
  • allows parents and teachers to extrapolate to
    understand and address specific areas of academic
    need
  • includes information regarding how the school has
    performed compared to the LEA overall and the
    state overall
  • New requirement Cumulative and individual
    results on any assessment must be provided, at
    the latest, to schools and teachers before the
    beginning of the next school year

21
ESEA Reauthorization REPORTING Annual State
Report Card
  • State required to produce an annual report card,
    beginning in 2002 school year
  • Includes
  • aggregate information on student achievement at
    each proficiency level, disaggregated by race,
    ethnicity, gender, disability status, migrant
    status, English proficiency, and status as
    economically disadvantaged
  • a comparison of the actual achievement of each
    group as against the state assessment objectives
    for each
  • percent of students not tested

22
ESEA Reauthorization REPORTING Annual State
Report Card (contd)
  • graduation rates for secondary schools
  • individual LEA performance against state timeline
    progress standards and the number and names of
    schools identified for school improvement
  • a breakdown of teacher credentials, showing the
    number of classes and their location in low or
    high poverty areas being taught by highly
    qualified teachers versus teachers on provisional
    credentials
  • Distributed directly to all schools and parents
    of students and posted on the internet or in
    other media
  • States provide the report cards to the Secretary
    of Education

23
ESEA Reauthorization REPORTING Annual LEA
Report Card
  • LEAs also publish annual district report cards,
    beginning in 2002 school year
  • Includes
  • how a schools students performed on the
    statewide assessments compared to the rest of the
    state
  • whether the local school made adequate yearly
    progress, or is identified for improvement
  • the number and percentage of local schools
    identified for improvement
  • Distributed directly to all schools and parents
    of students and posted on the internet or in
    other media

24
ESEA ReauthorizationPROFESSIONAL DEVELOPMENT
  • Professional Development and Specialized
    Assistance
  • Funding increased in this area by 35 in FY2002,
    from 2.108 billion to 2.850 billion
  • LEAs have more flexibility in the use of its
    Title II (Preparing, Training and Recruiting High
    Quality Teachers and Principal) funds
  • States must allocate 95 of their Title II funds
    to local school districts and 2.5 to higher
    education partnerships

25
ESEA ReauthorizationPROFESSIONAL DEVELOPMENT
  • Definition of highly qualified teacher requires
    that every public school teacher must have
  • Obtained the full state certification as teachers
    (incl. alternative certification) or passed state
    licensing exam
  • Hold a license to teach in a state
  • Not had a certification or licensure requirement
    waived on an emergency, temporary or provisional
    basis

26
ESEA ReauthorizationPROFESSIONAL DEVELOPMENT
  • ESEA requires all teachers to be "highly
    qualified" by the end of 2005-2006, and all new
    Title I teachers to be highly qualified upon
    hiring
  • New teachers must hold a bachelors degree and
    demonstrate subject matter competence by passing
    a state subject matter test or have the
    equivalent of an undergraduate major, graduate
    degree or advanced certification in their
    respective fields

27
ESEA ReauthorizationPROFESSIONAL DEVELOPMENT
  • Veteran teachers must hold a bachelors
    degree, be licensed by the state and meet the
    same requirements for new teachers or demonstrate
    competence based on a states uniform standard of
    evaluation

28
ESEA ReauthorizationPROFESSIONAL DEVELOPMENT
Paraprofessionals
  • Paraprofessional Requirements
  • All Title I paraprofessionals hired after Jan. 8,
    2002 must
  • Have completed at least 2 years of college
  • Obtained an associates (or higher) degree or
  • Pass formal state or local evaluation
  • Title I paraprofessionals hired before Jan. 8,
    2002 must meet these requirements in 4 years
  • All Title I paraprofessionals, regardless of
    hiring date, must have a high school diploma or
    its equivalent

29
ESEA ReauthorizationPROFESSIONAL DEVELOPMENT
Paraprofessionals
  • Paraprofessional qualification can be established
    by state or local evaluation. LEAs develop local
    evaluations if the State does not establish
    assessments
  • The evaluation does not need to be a paper and
    pencil test but there must be evidence that the
    evaluation is valid and reliable. Assessment
    results must be documented
  • The assessment should be objective and rigorous.
    It should allow a candidate to demonstrate their
    knowledge and ability to assist in instructing,
    reading, writing and math or their knowledge and
    ability in instructing reading readiness, writing
    readiness and math readiness, as appropriate

30
ESEA ReauthorizationPROFESSIONAL DEVELOPMENT
  • Local school districts can use their Title II
    funds for one or more of 10 permitted activities,
    which include
  • Hiring highly qualified teachers
  • Providing merit pay
  • Providing professional development for teachers,
    principals and paraprofessionals
  • Reforming tenure systems

31
ESEA ReauthorizationPROFESSIONAL DEVELOPMENT
Rewarding Teachers
  • New emphasis in the law on advanced credentialing
    for teachers and recruiting and remunerating
    highly qualified teachers
  • Other goals include special expertise in core
    academic subjects, instruction of students with
    special learning needs, and use of technology and
    assessment tools
  • Financial awards given to teachers in schools
    showing significant gains in academic
    achievement, from reserved federal funds held by
    each state, making test results personally
    important

32
ESEA ReauthorizationPROFESSIONAL DEVELOPMENT
School Leadership Program
  • New Title II discretionary grant program that
    supports efforts to recruit, retain and provide
    training and continuing prof. dvpt. to principals
    and asst. principals
  • 10 million awarded competitively in 2002 by the
    Dept. of Education to high-need school districts,
    consortia of high-need school districts, and
    partnerships of high-need school districts,
    nonprofit orgs., and higher education
    institutions
  • Activities include providing financial
    incentives to aspiring new principals, providing
    stipends to principals who mentor new principals,
    and providing prof. dvpt. in leadership and
    management

33
ESEA Reauthorization READING FIRST Purpose
  • Aimed at assuring childrens reading ability by
    3rd grade
  • Emphasis on
  • formulating reading curricula on scientific
    principles
  • augmenting professional development programs to
    assure well-qualified teachers, technically
    trained in reading instruction

34
ESEA Reauthorization READING FIRST Purpose
(contd)
  • procuring effective and innovative reading
    materials, including technology products
  • employing diagnostics
  • providing for intervention when a child falls
    behind

35
ESEA Reauthorization READING FIRST Funding and
Procedure
  • 900 million for block grants to States in 2002
    based on the numbers of families below the
    poverty line in each State
  • LEAs get 80 of each States funds via
    competitive subgrants for reading improvement
    programs
  • LEAs must spend funds for
  • selecting and administering diagnostic
    evaluations

36
ESEA Reauthorization READING FIRST Funding and
Procedure (contd)
  • selecting and implementing a reading curriculum
    that is scientifically based and targets children
    at risk of reading difficulties and others facing
    reading skills obstacles
  • procuring instructional materials and
    technologies
  • providing professional development, including
    training in the use of assessments

37
ESEA Reauthorization READING FIRSTLocally
Funded Activities
  • Florida will receive 46.5 million in funding
    this year and stands to receive approximately
    300 million over six years in Reading First
    block grants
  • Florida intends to begin making sub-grant awards
    totaling 36.5 million to eligible school
    districts in March 2003

38
ESEA Reauthorization READING FIRSTFLA
Professional Development Activities
  • The State Dept. of Ed will implement state-wide
    professional development programs, including the
    creation of the Reading Leadership Triangle, an
    alliance between the Florida Dept. of Ed.,
    Florida State Univ. and Univ. of Central Florida
  • Schools receiving Reading First funds will also
    be provided with district level coaches for
    ongoing professional development
  • K-3 teachers and K-12 special education teachers
    will be invited to attend four day Reading First
    academies next summer

39
ESEA Reauthorization READING FIRST Overall
Assessment Requisites
  • Overall, LEAs must formulate reading strategies
    and activities and choose required reading
    assessments under this program that
  • are based on scientifically based reading
    research with research showing results
  • are grounded in and can evaluate the essential
    components of reading instructionphonemic
    awareness (including how sounds are connected to
    letters), vocabulary development, reading
    fluency, and reading comprehension
  • No preference by Department of Education in
    choice of reading materials or assessments. They
    simply must meet statutory criteria

40
READING FIRST State Involvement in Assessment
Choice and Provision of Funds
  • States provide assistance in identifying the
    formats for assessments and the types of
    instructional materials an LEA might consider,
    and states must evaluate the compliance of the
    LEAs with Reading First goals and their
    effectiveness
  • States are directed to distribute subgrant monies
    to LEAs in amounts related to the number or
    percentage of students K-3 reading below grade
    level. This number has been identified by the
    initial eligibility assessment undertaken by the
    LEA
  • States can further require such information in
    the subgrant application as they may elect

41
ESEA Reauthorization EARLY READINGProgram Focus
  • Purpose is to encourage the skills for optimal
    reading development in preschool age children
  • Language activities for preschoolers must be
    based on scientifically based reading research
  • Focused on phonemics, stressing letter sound
    recognition and an understanding of written
    language as composed of phonemes and letters that
    comprise words
  • Screening assessments are stressed to assure
    identification of preschoolers at risk for
    reading failure
  • Funding is competitive 75 million has been
    appropriated for the 2002 fiscal year

42
ESEA Reauthorization EARLY READINGGrant
Requirements
  • LEAs and private public organizations apply
    directly to Secretary of Education for
    competitive grants
  • Eligibility is based on affiliation or
    collaboration with a school having many below
    grade level readers (as defined under the Reading
    First grant program) or with a community in need
    served by one of the Reading First-eligible
    schools
  • Thus, preschools applying under this program are
    piggy-backing on the testing already done at
    local schools, administered for qualification for
    Reading First funding

43
ESEA Reauthorization TECHNOLOGY EDUCATION
INITIATIVES
  • States must distribute 95 of block grant funds
    to districts 50 via formula and 50 via
    competitive grants
  • 700,500,000 available in FY02
  • Districts must use at least 25 of their funds
    for professional development in technology
    (unless a waiver is granted). These activities
    include
  • Accessing data to develop curricular and
    instructional materials
  • Enabling teachers to use the internet and other
    technology to communicate with parents and other
    educators
  • Enabling teachers to retrieve internet-based
    learning resources

44
ESEA Reauthorization TECHNOLOGY EDUCATION
INITIATIVES
  • Districts may use their remaining allocation to
    purchase hardware, develop or purchase electronic
    learning programs, expand initiatives to increase
    access, and provide training courses to train
    master technology teachers
  • Other programs including the Early Reading,
    Reading First, Safe and Drug Free Schools,
    Charter Schools and 21st Century Schools Programs
    also allow funds to be used for technology

45
ESEA Reauthorization21st Century Community
Learning Grants
  • 21st Century Community Learning Center Program
  • Converted into a state formula grant program.
    States make competitive subgrants to LEAs,
    community-based organizations, or consortia of
    LEAs and other public or private organizations
  • 2002 Appropriations 1 billion
  • Purpose of program is to provide expanded
    academic enrichment opportunities for children
    attending low performing schools. All services
    occur during non-school hours

46
ESEA ReauthorizationTransferability of Funds
  • LEAs have new flexibility to transfer funds among
    the following four allocations
  • Teacher Quality State Grants
  • State and Local Technology Grants
  • Safe and Drug Free Schools and Communities
  • Parental Choice and Innovative Programs
  • LEAs may transfer up to 50 of its formula
    allocation in each program to supplement its
    allocation under any of the programs listed above
    or under Part A of Title I

47
ESEA ReauthorizationTransferability of Funds
  • Transferability Requirements for LEAs
  • Notify SEA at least 30 days prior to the transfer
    of the LEAs intent to transfer funds
  • Modify each local plan affected by the transfer
  • Provide the SEA a copy of the modified plan
    within 30 days after the transfer
  • Conduct consultations in accordance with Sec.
    9501 of the ESEA (participation of private school
    teachers in programs provided under Improving
    Teacher Quality State Grants) to provide for the
    equitable participation of private school
    students and staff

48
ESEA ReauthorizationPublic Charter School Program
  • Dept. of Education awards competitive grants to
    both states and individual charter schools under
    the Public Charter School Program
  • SEAs make competitive grants to individual
    charter schools in order to implement or plan a
    new charter school
  • LEAs can no longer withhold administrative fees
    from a charter school unless the charter school
    enters into a voluntary arrangement to receive
    administrative services from the LEA

49
THE BATTLE OVER THE BUDGET
  • FY 2003

50
EDUCATION BUDGET COMPARING THE NUMBERS
  • Senate Appropriations Committee passed its FY2003
    budget plan on July 25, 2002. It provides nearly
    3 billion more than the Administrations request
    for the Dept of Education but most is for higher
    education
  • The House has yet to take any action on the
    Departments appropriation

51
EDUCATION BUDGET COMPARING THE NUMBERS
52
QUESTIONS?
  • Jay P. Urwitz
  • Hale and Dorr LLPjay.urwitz_at_haledorr.comTelephon
    e 202-942-8464
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