February 11, 2002 |
2002-R-0168 | |
TIMELINE OF REQUIREMENTS IN NEW FEDERAL EDUCATION ACT | ||
By: Judith Lohman, Chief Analyst | ||
You asked for a list of major requirements in the new federal education act (P. L. 107-110) and the deadlines for their implementation.
SUMMARY
The new federal education law establishes an accountability system for states, school districts, and schools receiving federal education funds. The system requires states and local districts to have academic standards, make annual progress towards having every student achieve the standards and closing gaps between all students and certain subgroups of students, test students to see if they are learning, and report on how they are doing. The act also requires states to identify schools and school districts that are not making enough progress and follow a step-by-step process for either turning those schools around or reconstituting them and letting their students attend school elsewhere.
The act makes its academic standards and assessment requirements a condition of receiving a Title I grant. Title I grants go through states to local school districts to help educate disadvantaged children. Title I is the largest federal education grant to states and local school districts. According to estimates from the Office of Fiscal Analysis, Connecticut expects to receive $ 121. 1 million in FFY 2002 under Title I.
This report focuses on Title I, Part A of the new federal act, which contains most of the requirements for states and local school districts. The first section deals with the deadlines that apply to the overall accountability system. The second and third sections describe the timetable for dealing with low-performing schools and districts. The final section contains deadlines for improving school staff qualifications. A more detailed summary of the act's testing requirements may be found in OLR Report 2002-R-0081. The act's requirements and deadline for schools to provide access to military recruiters are described in OLR Report 2002-R-0108. Copies of both reports are enclosed.
ACCOUNTABILITY
Academic Standards
The act requires states to adopt challenging content and achievement standards in math, reading or language arts, and science to be used to carry out its assessment and school improvement requirements. States must apply the same standards to all schools and children in the state.
Content standards must (1) specify what children are expected to know and be able to do, (2) have rigorous and coherent content, and (3) encourage teaching of advanced skills. Achievement standards must be aligned with state content standards and have three levels of achievement - basic, proficient, and advanced.
A state can revise existing standards to meet these criteria. For subjects for which no standard is required and for which a state has not developed standards, the state must have a plan to ensure that all children are taught the same knowledge and skills and held to the same expectations.
Accountability System
States must have single statewide accountability systems to ensure that all school districts and all public schools make "adequate yearly progress" toward having all students meet academic achievement standards while narrowing achievement gaps in the state, among districts, and among schools.
The accountability system must (1) be based on the academic standards, state tests, and other academic indicators; (2) be the same for all public schools and school districts; and (3) include both sanctions and rewards for school districts and schools.
Adequate Yearly Progress
Definition. States must define adequate yearly progress (AYP) towards meeting the standard. The definition must:
1. apply the same achievement standards statewide,
2. be statistically valid and reliable,
3. result in continuous and substantial academic improvement for all students,
4. measure student progress primarily by test results, and
5. have separate measurable annual objectives for substantial improvement of all students and students in each of the following subgroups:
· economically disadvantaged students
· students from major racial and ethnic groups
· students with disabilities
· students with limited English proficiency (LEP)
For secondary schools, the AYP definition must incorporate graduation rates. For elementary schools, it must incorporate at least one academic indicator specified by the state other than tests.
The state may also designate other indicators of progress that are valid, reliable, and consistent with nationally recognized technical and professional standards. States cannot use the optional indicators to reduce the number of schools, or to change the identity of the schools subject to the act's special requirements for failing schools (see below).
AYP Starting Point. Each state establishes its own AYP starting point, using 2001-02 school year data, and based on the percentage of students that meet or exceed the proficient level on the state tests. The minimum starting point is the higher of the percentage of students at the
proficient level in (1) the state's lowest achieving group among the four subgroups or (2) the 20th percentile school in the state on a ranking of all schools by percentage of students performing at the proficient level.
Timeline. State AYP definitions must ensure that, by the end of the 2013-2014 school year, all students in the state and in each of the four subgroups meet or exceed the proficient level on the state tests.
Annual Measurable Objectives. Each state must set separate annual measurable objectives for the math and reading tests that (1) are the same for all schools and school districts, (2) identify a single minimum percentage of students in each of the four subgroups who must achieve proficiency, and (3) ensure all students achieve proficiency by the end of the timeline. The annual objectives may be the same for more than one year, subject to the intermediate goal requirements (see below).
Intermediate Goals. States must establish intermediate goals for meeting the required achievement levels that (1) increase in equal increments over the state's timeline, (2) provide for the first increase within the first two years, and (3) provide for each subsequent increase to occur at least every three years.
Requirements for Annual Improvement
In order for a school or a school district to make AYP, both of the following must happen each year:
1. All students and the students in each subgroup must meet or exceed the state's measurable objectives.
2. At least 95% of both the school's total enrollment and the students in each subgroup must take the test (with allowable accommodations and alternative assessments for certain LEP and disabled students).
A so-called "safe harbor" provision provides an exception to the first of these requirements. It provides that, if any of the subgroups does not meet the objectives, the school must still be considered to have made AYP for the year if (1) the percentage of students in the subgroup who did not reach proficiency declined at least 10% from the year before and (2) the subgroup also made progress on the one or more of the other non-test indicators.
Uniform Averaging Procedure
A state can average data in a uniform manner to determine whether schools and districts are making AYP as follows:
1. Data from the school year for which the determination is made can be averaged with that from the one or two years immediately before.
2. Until the required assessments can be implemented to allow for the averaging described above, the state can use data from its previous assessments as long as it does not delay AYP determinations, the school improvement requirements, or the implementation of required tests.
Implementation Deadlines
The deadlines for states to implement the accountability system described above are listed in Table 1.
Table 1: Accountability System Implementation Deadlines
2002-03 |
Have challenging academic standards in math and reading. Develop and implement a single statewide accountability system. Adopt AYP definition. Establish AYP starting point using 2001-02 data. Establish timeline for AYP ending not later than 2014. Establish measurable annual objectives. Establish intermediate goals for AYP. Test reading and math proficiency at least once in grades 3-5, 6-9, and 10-12. Begin annual English proficiency testing for all LEP students. Identify all foreign languages present in the state's student body for which annual assessments are needed. Prepare and disseminate annual state and local report cards in required formats. Participate in 4th and 8th grade NAEP assessments of reading and math. Notify school districts and the public about the content of the required tests and the achievement standards. Begin annual parent notification that they may request information about the professional qualifications of their children's classroom teachers and their child's performance on required tests. Within 30 days after the start of the school year, inform parents of bilingual education students why their child is identified as LEP and needs a bilingual program, what the program will do for their child, and various other information about the bilingual program. Establish a statewide system of sustained support and improvement for school districts and schools receiving Title I aid, giving priority to low-performing schools, and including, as a first priority, school support teams that have support from the state agency, use distinguished and successful teachers and principals from Title I schools, and offer additional approaches for providing assistance. Establish an academic achievement awards program to recognize schools that significantly close achievement gaps or exceed AYP for two or more consecutive years. Designate distinguished schools (those making biggest gains). Implement written parental involvement policies, including at least one meeting per year with parents and a school-parent compact outlining school and parent responsibilities for student achievement. |
2005-06 |
Establish challenging standards in science. Begin annual testing in reading and math in grades 3 through 8. Have tests in all native languages other than English that are present in the state student body. |
2007-08 |
Begin testing students in science at least once in grades 3-5, 6-9, and 10-12. |
2013-14 |
By the end of the school year, all students in each subgroup (economically disadvantaged students, students from major racial and ethnic groups, students with disabilities, and LEP students) meet or exceed proficient level on state tests. |
FAILING SCHOOLS
The act requires the state to identify any elementary or secondary school served by Title I that fails to make AYP for two consecutive years. Identification triggers a series of actions summarized in Table 2. For purposes of the table, Year 2 is the second year the school fails to make
AYP. The process continues into subsequent consecutive years as long as the school fails to make AYP. Unless otherwise noted, the requirements apply to local school districts.
Any school identified for school improvement for two or more consecutive years immediately before the federal act took effect must be treated as being in Year 3 of the process.
Table 2: Improvement Timetable for Failing Schools
End of Year 2 |
State must identify any school that has failed to make AYP for two consecutive years. Three months after identification, the school must develop or revise a two-year school improvement plan that: _ incorporates strategies based on scientifically based research to strengthen core academic subjects, _ adopts polices with the greatest likelihood of helping children in each subgroup reach the goals by 2014, _ spends at least 10% of its Title I funds annually on professional development for its teachers, and _ establishes specific annual measurable objectives for continuous and substantial progress by all subgroups. The school must implement the improvement plan as soon as possible but at least by the beginning of the school year following identification (year 3). The school must give parents notice explaining the identification and what it means. |
Year 3 |
Implement school improvement plan. As of the first day of school, give the school's students a choice to enroll in another public school in the district that has not been identified or in a charter school, with the district paying for transportation to the new school. Provide the school with technical assistance including help in analyzing test data, identifying and implementing professional development strategies, and analyzing its budget. Notify parents. |
Year 4 |
Continue choice and technical assistance. Notify parents. Arrange for supplemental educational services (tutoring and other academic enrichment activities in addition to regular instruction) for the school's low-income students from a provider with a demonstrated record of effectiveness selected by the parent and approved by the state education agency. Provide money from district's Title I grant available to pay for the supplemental services. |
Year 5 |
Continue choice and technical assistance. Notify parents. Continue supplemental services. Institute corrective actions, including at least one of the following: _ replacing staff relevant to school failure; _ implementing a new curriculum, with appropriate professional development; _ significantly decreasing management authority at the school level; _ appointing an outside expert to advise the school; _ extending the school day or year; or _ restructuring the school's internal organization. |
Year 6 |
Continue choice. Continue supplemental services. Institute one of the following types of alternative governance: _ reopen the school as a charter school, _ replace most or all school staff (which may include the principal), _ bring in private management, _ let the state run the school, or _ institute any other major restructuring that makes fundamental reforms. |
FAILING DISTRICTS
The federal act also requires a state to identify a school district for improvement if it fails to make AYP for two consecutive years, including at least two consecutive years before the act's effective date. The improvement timetable and actions for failing districts are the same as those that apply to failing schools. The state must choose from among the following required corrective actions if a district is still failing in Year 4:
1. deferring programmatic funds or reducing administrative funds,
2. instituting new curricula,
3. replacing district personnel,
4. removing particular schools from the district's jurisdiction,
5. appointing a state receiver or trustee or establishing other alternative governance,
6. abolishing or restructuring the district, or
7. allowing the district's students to transfer to schools in other districts.
TEACHER AND PARAPROFESSIONAL QUALIFICATIONS
The federal act requires teachers and paraprofessionals working in Title I-supported programs to meet minimum qualifications by the deadlines shown in Table 3. Unless otherwise noted, requirements apply to local school districts.
Table 3: Teacher and Paraprofessional Qualification Deadlines
2002-03 |
By the first day of school, hire only highly qualified new teachers (see below) for Title I programs. Adopt annual measurable objectives to increase the percentage of all teachers who become highly qualified. Hire new paraprofessionals for Title I programs only if they have (1) completed at least two years of college, (2) at least an associate's degree, or (3) passed a rigorous state or local test in reading, writing, and math or reading, writing, and math readiness, as appropriate. (A high school diploma is not enough to satisfy the last of these requirements. ) Require all paraprofessionals teaching in Title I programs to have a high school diploma or its equivalent. |
2005-06 |
All teachers teaching core academic subjects must be highly qualified. By the end of 2006, all paraprofessionals hired before the act's effective date must meet the requirements described above for new paraprofessionals. (Paraprofessionals used only as translators for required parent involvement activities are exempt. ) |
To be considered "highly qualified," a teacher must (1) have full state certification or pass the state teacher licensing exam or, if a charter school teacher, meet the state requirements for such teachers and (2) not be teaching under temporary, emergency, or provisional credentials or any other kind of certification waiver. For elementary level teachers, to be highly qualified means the teacher (1) holds at least a bachelor's degree and (2) has passed a rigorous state subject knowledge and teaching skills exam in reading, writing, math, and other areas of the state's basic elementary curriculum. For a middle or secondary school teacher, it means (1) having at least a bachelor's degree and (2) either passing a rigorous state exam in each of the subjects taught or successfully completing an academic major, having a graduate degree, or completing coursework equal to an undergraduate major in the subject taught.
For a teacher not new to the profession, highly qualified means having at least a bachelor's degree and either meeting the appropriate testing requirements described above or demonstrating competence in all subjects taught based on a uniform state evaluation standard. The uniform state evaluation standard must:
1. include both grade-appropriate subject matter and teaching skills;
2. be aligned with state academic standards and developed in consultation with core content specialists, teachers, principals, and school administrators;
3. provide objective, coherent information about the teacher's subject knowledge;
4. be applied uniformly to all teachers in the same grade and subject statewide;
5. take into consideration, but not be primarily based on, the time the teacher has been teaching the subject; and
6. be available to the public on request.
The evaluation may involve many objective measures of teacher competency.
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