Elementary and Secondary Education Act (ESEA) Reauthorized 2001 Public Law 107-110

1. Elementary and Secondary Education Act (ESEA)Reauthorized 2001Public Law 107-110 No Child Left Behind

2. History • First passed in 1965 and signed by President Lyndon Johnson. • First legislative involvement by the Federal Government in elementary and secondary public education. • Is re-authorized every 5 – 6 years.

3. Why Am I Hearing About ESEA Now? This re-authorization is radically different from any previous changes It’s going to affect all of us

4. 381 to 41 in the House 87 to 10 in the Senate The Bill Passed

5. Three Areas of Consideration • Testing and Accountability and Adequate Yearly Progress (AYP) • Teacher and Paraprofessional Quality • Funding

6. H.R. 1 – No Child Left Behind Act Testing Criteria Requirements • Be the same for all children • Be aligned with state standards and provide coherent information about student attainment • Performance = Basic, Proficient, and Advanced • Be valid, reliable, and consistent with technical standards • Involve multiple measures of achievement including higher order thinking skills and understanding • Provide reasonable adaptations and accommodations for childrenwith disabilities • Annual English proficiency assessment for all LEP students • NAEP: Biennially/ grades 4 & 8 only/ 1000 students per state/ reading and mathematics/ 90 minute assessment/ Only if USDEpays cost of administration

7. H.R. 1 – No Child Left Behind Act State Testing Requirements Beginning School Year 2002-2005 Annual testing in one grade within three levels; 3-5, 6-9 and 10-12 in reading and mathematics Beginning School Year 2002-2003 Annual English proficiency assessment for all LEP students Beginning School Year 2002 - 2003 Participation in NAEP required in grades 4 and 8 in reading and mathematics Beginning School Year 2005 – 2006 Annual testing in Grades 3-8 in reading and mathematics(and HS year; 10th) Beginning School Year 2007 – 2008 Annual testing in one grade within three levels, 3-5, 6-9, and 10-12 in science Additional Indicators Required Graduation rate for secondary, state selects elementary/middle indicator(s)

8. Alternative Assessments • States must measure all student performance against the state’s grade level standards • Commercially Available Tests No Longer Permitted • Special Education students are assessed using: • WASL • WASL with Accomodations • Portfolio Alternate Assessment • Out-of-grade level testing prohibited • 1% limitation allowed taking alternative assessments against an alternate set of standards (WA presently .2%)

9. NCLB Adequate Yearly Progress Elements • All students “proficient” within 12 years • Separate, measurable goals in reading and mathematics. (State Uniform Bars) • Must measure reading/language arts and mathematics separately. • Must provide separate, measurable objectives/ disaggregated data and goals for: • All Children • Racial/Ethnic Groups • Disadvantaged (Poverty) • Disabled • LEP

10. OTHER NCLB AYP ELEMENTS • School is making AYP if there is a 10 percent gain in each group reaching proficiency; “Safe Harbor” • Must include at least one other indicator: • Graduation rates, for high schools • 1 academic indicator, for elementary/middle schools • 95% of students in each group must be tested. • Determination of “personally identifiable” and “statistically reliable” number(s) • Personally identifiable = 10 • Statistical reliable = 30 (Proposed)

11. Disaggregated Data Forces a “Closer Look”

12. The 37 Cells of School Improvement

13. Other Indicator: Elementary/Middle Schools / K-8 Attendance • Definition of an unexcused absence: Failure to meet the district’s policy for excused absences • RCW 28A.225.020 defines unexcused absence : Failure to attend the majority of hours or periods in an average school day or failure to comply with a more restrictive school district’s policy for excused absences. The rate for AYP purposes is calculated as follows: • Total number of student days of unexcused absences in the year • Average monthly headcount X number of student days in the school year • AYP will be met if a school/district attains an unexcused absence rate of 1 percent or less. Schools/districts with unexcused absence rates greater than 1 percent must show a reduction from the prior year to meet AYP.

14. Other Required Indicator: High Schools • NCLB defines graduation rate as: • “The percentage of students who graduate from secondary schools with a regular diploma in the standard number of years.” • Final regulations describe regular diploma as: • “Not including an alternative degree that is not fully aligned with the State’s academic standards, such as a certificate or a GED.” • Calculation of the Graduation Rate • Cohort analysis required • Cohort begins in Grade 9 • Graduation rate calculated after 4 years of high school

15. Other Indicator: High Schools / 9-12 Calculation of the Graduation Rate • Cohort begins in Grade 9 – Identify “Expected Year of Graduation” • Graduation rate calculated after 4 years of high school • Washington State will utilize an “extended cohort analysis” • Students who successfully obtain a diploma after their cohort year, will be “added” with the cohort graduation rate for each high school. Graduation Rate Threshold Set at 85% for 2014 For purposes of AYP (other than “safe harbor”) the calculation of the graduation rate will apply to the school building and district level, but not to the student subgroup level. School buildings and districts that achieve or exceed the state cohort average (73%) for the graduation rate, as well as those that are below the threshold but improve their graduation rate when compared to the previous year, will have met the other indicator for purposes of calculating AYP A+ Commission Meeting 1/13/03

16. Definition of a Graduate • Student who receives a regular high school diploma • “Standard number of years” • GED is NOT a regular high school diploma • IEP diploma is NOT a regular diploma • Continuing students / Extended Cohort Measure • Adult high school diploma Definition of a Dropout • Student who leaves high school without a regular high school diploma and does not transfer to another school • GED test-takers (WAC 131-48-100) • Students in GED preparation not necessarily dropouts • GED recipients may re-enter if under 21 and have not met graduation requirements • “Unknown” status

17. Full Academic Year Requirement • Full academic year = October 1st • all students whose enrollment is continuous and uninterrupted on or before October 1st in the school year the assessment is administered • Beginning Fall 2003 • Determines which students are to be included in decisions about Adequate Yearly Progress (AYP). Applies To: • Enrolled Full Academic Year in School • Enrolled Full Academic Year in District • Enrolled Full Academic Year in State

18. Reason(s) for School Improvement Identification • 37 Possible Cells – Any cell / 2 years not making AYP = School Improvement • Identify reason(s) for school improvement identification (individual cells) prior to identification of school • Proposed SAME cell – 2 years not making AYP = School Improvement Federal Peer Review 3/6/03 • Submitted 3/31/03 – 2 years not making AYP in SAME content area = School Improvement

19. Standard Error of Proportion (SEP) • Conceptually the same as a “confidence interval” or “margin of error” • Size of the SEP depends on the number of students in the group and the percentage of students meeting standard • Every category of students has its own SEP (no “set” range) • The fewer the number of students in a cell, the larger the SEP • Set at the 95% confidence level(only 5% chance of making an incorrect determination)

20. No Child Left Behind Adequate Yearly Progress • Starting Point: 2001-02 Assessment Data • Defining AYP: • Rank all schools in the state by % proficient • Then, count up to reach the school at 20% of total enrollment • The % of students proficient in that school is the possible starting point ALSO • Rank the proficient level of each demographic subgroup • The % of students proficient in the lowest-achieving group is the possible starting point Required to choose the higher of the two asthe starting point

21. Calculating State Uniform Bars • State Uniform Bars for: • 4th Grade Reading and Mathematics • 7th Grade Reading and Mathematics • 10th Grade Reading and Mathematics • State Uniform Bars Using 20th Percentile Schools • 3-year average • Different schools for each of • 1999 – 2000 • 2000 – 2001 • 2001 – 2002

22. GRADE 4 STATE UNIFORM BARBASELINE CALCULATED USING 3-YEAR AVERAGE 20th PERCENTILE (2000-2002)

23. GRADE 7 STATE UNIFORM BARBASELINE CALCULATED USING 3-YEAR AVERAGE 20th PERCENTILE (2000-2002)

24. GRADE 10 STATE UNIFORM BARBASELINE CALCULATED USING 3-YEAR AVERAGE 20th PERCENTILE (2000-2002)

25. No Child Left Behind Safe Harbor • If students in a subgroup make a 10 percent reduction in the number of students not proficient, they are in a “safe harbor” and not considered as failing AYP. Example:(Group A = 100 students) Group A 60 percent not proficient 40 percent are proficient 10 percent of 60 = gain 6 additional students in that group must meet proficiency However, ALL subgroups must meet safe harbor or better • All Students – Limited English Proficiency • Racial/ethnic groups – Students with disabilities – Economically disadvantaged AND must meet other indicator

26. 2002 Adequate Yearly Progress “Results” “Governor” Elementary School Large urban K-5 school > 50% low-income, > 40% minority Result: Did not make AYP because 1 cell (special ed. students in reading) did not meet the state target

27. “Making It”

28. In 2002-2003, Washington has 50 schools in school improvement. 37 schools in Step 1 13 schools in Step 2

29. AYP TIMELINE

30. No Child Left Behind School Improvement Step Requirements Schools are identified as in need of school improvement after two consecutive years of not meeting Adequate Yearly Progress • Schools that have not met achievement goals for two consecutive years • (Step 1): • must develop an improvement plan and receive technical assistance • 10% of funding must be dedicated to professional development • must notify parents of school improvement status • must make public school choice available within district; district paying transportation costs. • Schools that have not met achievement goals for three consecutive years • (Step 2): All components above required, plus: • must provide supplemental services approved by the SEA (OSPI)

31. No Child Left Behind School Improvement Step Requirements Schools are identified as in need of school improvement after two consecutive years of not meeting Adequate Yearly Progress • Schools that have not met achievement goals for two consecutive years • (Step 1): • must develop an improvement plan and receive technical assistance • 10% of funding must be dedicated to professional development • must notify parents of school improvement status • must make public school choice available within district; district paying transportation costs. • Schools that have not met achievement goals for three consecutive years • (Step 2): All components above required, plus: • must provide supplemental services approved by the SEA (OSPI)

32. No Child Left Behind School Improvement Step Requirements • Schools that have not met achievement goals for four years (Step 3): • must take corrective action. District action – new staff or curriculum • must continue: • development on improvement plan and receive technical assistance • 10% of funding must be dedicated to professional development • must notify parents of school improvement status • must make public school choice available within district; district paying transportation costs. • supplemental services • Schools that have not met achievement goals for five years (Step 4): • required restructuring –plan developed for take over – state, contractor, charter school, new staff • must continue supplemental services and public school choice.

33. Public School ChoiceFinal Regulation Clarification • LEA (District) must give priority to the lowest achieving children from low-income families • Determine family income on the same basis that the LEA (District) uses to make allocations to schools • Students assigned to a school by a juvenile court due to violent or criminal behavior, or disciplinary reasons sufficiently serious to justify placement in a particular learning environment, may be denied the choice option

34. No Child Left Behind Supplemental Services Required after three years (and beyond) • “Eligible” child = low income • Includes tutoring or other extra educational services • Supplemental services approved by the SEA: • Annual notice to potential providers; profit/nonprofit / religiously-affiliated • Criteria established by the SEA • SEA produces a list of approved programs/providers • Parent selects / LEA contracts with provider – performance goals set – requires contact with child’s teacher • 20% cap of total LEA allocation for transportation AND supplemental services - 5% transportation - 5% supplemental services • Additional 10% either – LEA choice

35. School Choice and Supplemental Services Final Regulation Clarification • State class size reduction law does not supercede choice • Prohibits “lack of capacity” to deny students transfer under public school choice, however, health and safety concerns may be taken into account • Requires parents to have a choice of more than one school for transfer if available • Requires parent preference “to be taken into account” • Notice of supplemental educational services must be provided to parents with a list of approved service providers available within the LEA, including technology-based or distance-learning

36. No Child Left Behind Corrective Action Required after four years (and beyond) Must Choose One of the Following: • Replace relevant school staff • New curriculum for all core content areas • Significantly decrease management authority at the school • Appoint an outside expert • Extend the school day or year • Restructure internal organization

37. No Child Left Behind Restructuring Required five years (and beyond) Must Choose One of the Following: • Reopen as a charter • Replace all or most relevant school staff, including the principal • Contract with private management • State take over • Any other major restructuring

38. No Child Left Behind • LEA Improvement • SEA identifies LEA in need of improvement after 2 years of not making AYP • Improvement plan required within 3 months • 10% of allocated funding must be used for professional development • Technical assistance required including corrective action • Corrective Action • SEA must choose one: • Deferring programmatic or reducing administrative funds • New curriculum • Restructuring or abolishing the LEA • Replacing relevant LEA personnel • Alternative governance • State receivership/trustee • Authorizing students to transfer to another LEA

39. Highly Qualified Teachers • All teachers teaching CORE Academic Subjects must be “highly qualified” by 2005-2006 • CORE Academic Subjects means English, Reading, Language Arts, Mathematics, Science, Foreign Languages, Civics and Government, Economics, Arts, History, and Geography Highly Qualified means: • Full State Certification or passed teacher licensing exam and hold a license to teach • Certification or licensure requirements has not been waived on an emergency, temporary, or provisional basis

40. Highly Qualified Teachers Existing Teachers: • Bachelor’s Degree • Full State Teaching Certification • Demonstrate Competence • hold National Board certification in the core academic subject(s) assigned to teach, OR • be endorsed in the core academic subject(s) assigned to teach, OR • for unendorsed certificate holders, have a degree, major, or the equivalent of a major in the core academic subject(s) assigned to teach OR • have a satisfactory evaluation based upon a uniform State standard of evaluation. (Washington in RCW 28A.405.100(1-5), RCW 41.59.010 through 41.59.170, 41.59.10, 41.59.920, RCW 28A.405.10 and WAC 392-191-010 (1-7)OR • demonstrate competency through the same avenue for new teachers

41. Highly Qualified Teachers New Teachers: • Bachelor’s Degree • Elementary: Pass a basic skills competency assessment as well as demonstrated competence in areas of reading, mathematics and writing and other areas of elementary curriculum Secondary: Pass a basic skills competency assessment as well as demonstrated competence in academic subjects in which the teacher teaches (endorsements) • Full State Teaching Certification

42. Qualified Paraprofessionals Title I paraprofessional requirements: • a high school diploma or equivalent • completed at least two years of college, OR • obtained an associates (or higher) degree, OR • successfully pass a state or local academic assessment of mathematics, reading, and writing. • State or local assessment must measure rigorous standards of quality that demonstrates (a) knowledge of, and the ability to assist in instructing, reading, writing and mathematics; OR (b) knowledge of, and the ability to assist in instructing, reading readiness, writing readiness, and mathematics readiness, as appropriate.

43. No Child Left Behind “Qualified Paraprofessional” Criteria Applies to: • Title I paraprofessionals assisting with student instruction, including those “teaching in a program supported with Title I (Part A) funds” • Title I paraprofessionals hired after January 8, 2002 must meet requirements upon hiring. • Existing paraprofessionals must meet qualifications by January 8, 2006 • EXCEPTION: paraprofessionals who serve primarily as translators, or whose duties consist solely of conducting parental involvement activities.

44. No Child Left Behind Parents Right to Know • Requires LEA’s to annually notify parents of their right to request information on the professional qualifications of their child’s teachers. • Licensing and certification for grade level and subject • Emergency or other provisional status • B.A. major and graduate degrees • Paraprofessionals and qualifications (if serving the child) • Requires LEA’s to notify parents if students have a teacher for 4 weeks that is not “highly qualified.”

45. No Child Left Behind LEA Progress on Improving Qualifications • If the district has failed to make progress after two years: • the district must develop an improvement plan. • the SEA must provide technical assistance to districts. • If progress is not made after three consecutive years: • The state must work with the LEA to develop such a plan. • Prohibit the use of Title I funds to fund additional paraprofessionals. (Exception for replacing existing paraprofessionals) • LEA must enter into an agreement with the SEA on the use of funds provided directly to a school or schools for the teachers and principals for professional development activities.

46. And What About the Funding? • ESEA sets specified authorization levels for Title I to put it on a ten-year path to full funding: • FY 02 = $13.5 billion • FY 03 = $16 billion • FY 04 = $18.5 billion • FY 05 = $20.5 billion • FY 06= $22.75 billion • FY 07 = $25 billion

47. Authorized FY ’02 $13.5 FY ‘03 $16 FY ’04 $18.5 Appropriated $10.35 $11.68 * $12.35 (Bush proposal) Unfunded Mandates?

48. NEA PRIORITIES FOR ESEA

49. NEA supports full funding for all federal ESEA requirements at authorized levels in order to meet the achievement goals of the new law.

50. NEA supports limiting the definition of “highly qualified teacher” to include only those teachers who have achieved full licensure/certification under state standards