NCLB Waiver Flexibility

1. NCLB Waiver Flexibility Implications for Kentucky’S schools and districts Superintendents’ WEBCAST MARCH 6, 2012

2. NCLB Waiver Flexibility Four Principles of ESEA Waiver • College- and Career-Ready Expectations for All Students • State-Developed Differentiated Recognition, Accountability and Support • Supporting Effective Instruction and Leadership • Reducing Duplication and Unnecessary Burden

3. NCLB Waiver Flexibility Legal Citation • Title I 1003(a) Applicable Areas • SEA 4% set-aside can now be used to support all Priority Schools (Title I; Tier 2 – SIG; Title I-Eligible with 60% or less graduation rate) and Focus Schools (Title I; Title I-Eligible with 60% or less graduation rate). Implications • Redirection of improvement dollars to serve Priority and Focus Schools at the SEA and LEA levels

4. NCLB Waiver Flexibility Legal Citation • 1003(g) Applicable Areas • SIG funds may support any Priority School. Implications • 41 PLA schools identified as “Priority Schools” • No additional schools to be identified until schools exit Priority School status • Priority School status is for minimum of three years

5. NCLB Waiver Flexibility Legal Citation • 1111 (b) (2) (E) – (H) – New AMOs Applicable Areas • Overall accountability AMO • Gap AMO by subgroup • Cohort graduation overall • Student participation goal overall • College/Career Readiness overall • Proficiency overall • Teacher/principal effectiveness (2014-15) Implications • Schools and districts to work with KDE on implementing delivery plans • All Priority Schools to implement teacher/principal evaluation system that meets federal requirements

6. NCLB Waiver Flexibility Legal Citation • 1114 (a) (1) Applicable Areas • A Title I School with less than 40% free/reduced lunch may use school-wide program (SWP) status if a Priority or Focus School. Implications • SWPs must meet the 10 SWP components (federally defined). • Flexibility is going to be offered by USDOE of ranking schools by free/reduced lunch. (Note: KDE will be applying for an additional waiver and if granted, then high schools with Title I-Eligible schools with a 60% or less graduation rate may move up in the rankings.) • Minimum free/reduced lunch percentage for Title I is 35%.

7. NCLB Waiver Flexibility Legal Citation • 1116 (b) Applicable Areas • Removes labels of improvement, corrective action, restructuring and requirements for set-asides for professional development, transportation, school choice and deferred funds to implement corrective action plans Implications • Note 1116 (b) (13) remains in effect and students may continue in choice schools until highest grade within the school is completed • Districts may offer school choice and/or transportation • Parents to be notified immediately if district makes change • Professional development and transportation set-asides now optional • Corrective Action Plans no longer required since districts no longer identified as in corrective action.  Also, districts no longer required to set aside deferred funds for implementing Corrective Action Plans • Supplemental Educational Services (SES) now optional

8. NCLB Waiver Flexibility Legal Citation • 1116 (c) (3) & (5) – (11) Applicable Areas • Removes SEA requirement to identify LEAs for improvement or corrective action Implications • New tiered system under Unbridled Learning accountability to be implemented

9. NCLB Waiver Flexibility Legal Citation • 1116 (e) Applicable Areas • Removes supplemental educational services (SES) requirement Implications • KDE to notify existing/approved SES providers of new flexibility • SES optional per district’s decision • Parent notification to occur by district if SES not continued

10. NCLB Waiver Flexibility Legal Citation • 1117 (b) (1) (B) Applicable Areas • Flexibility with Reward Schools funding Implications • KDE to seek partners to locate additional funding to support Reward Schools

11. NCLB Waiver Flexibility Legal Citation • 2141 (a) and (c) Applicable Areas • Focus on educator effectiveness Implications • Waiver from requirement to complete an improvement plan and is no monitoring of plans • Focus local funding on support and implementation of state educator effectiveness system • During 2013-14 academic year, use Title II dollars to support principal observer certification training

12. NCLB Waiver Flexibility Legal Citation • 6123 (a) Applicable Areas • Transferability between covered programs increases from 50% to 100% (SEA) – (Note: Refers to Non-Administrative Dollars) Implications • State area of flexibility, not for school districts

13. NCLB Waiver Flexibility Legal Citation • 6123 (b) (1) Applicable Areas • Transferability for LEA for covered programs Implications • Redirection of existing dollars: • Title II A (Teacher Quality funds) • Title II D (Tech Ed funds) • 21st Century Community Learning Centers • May transfer into Title I, Part A, but not out of Title I, Part A

14. NCLB Waiver Flexibility Legal Citation • 6123 (d) Applicable Areas • Removes requirements of modification of plans and notice of fund transfers for 6123 (a) and 6123 (b) (1) Implications • Eliminates fund transfer paperwork

15. NCLB Waiver Flexibility Legal Citation • 6123 (e) (1) Applicable Areas • Equitable services for non-public/private schools Implications • LEAs must provide equitable services to private schools before transferring any funds • Transfer funds will not be calculated as part of base for set-asides • Services provided to non-publics but no funds • Non-public school formula unchanged

16. NCLB Waiver Flexibility Legal Citation • 4201 (b) (1) (A) and 4204 (b) (2) (A) Applicable Areas • 21st Century Community Learning Center activities for use to support expanded learning time for expanded school day, week or year, both for school and non-school time Implications • No major revisions to grant processes during current cycle • KDE to work with districts to determine adequate options for flexibility based on a district’s student needs

17. NCLB Waiver Flexibility So, what does the waiver mean for school districts? Summary • Waiver grants the following flexibilities: • Up to 30%, formerly set-asides (20% for SES and School Choice Transportation and 10% for professional development, for school improvement), of Title I, Part A funds can be used by the district to be targeted toward Priority and Focus Schools (per federal definitions on Slide 3). • Title 1003 (a) funds can now target Priority and Focus Schools (per federal definitions on Slide 3). • Set-asides are now more flexible. • The 20% set-aside for SES/School Choice Transportation can be used for allowable Title I activities. • The 10% set-aside for Professional Development can be directed toward other areas. • A Corrective Action District in the past had to withhold a “deferred amount” depending on the years in Corrective Action status; however, districts are no longer to be identified as in correction action. That amount can now be diverted to Title I, Part A for allowable Title I activities. • 100% of Title IIA (Teacher Quality funds), Title IID (Technical Education funds) and 21st Century Learning Centers funds can be transferred to Title I, Part A to support Priority/Focus Schools (as long as “equitable services” are provided to non-public schools).

18. NCLB Waiver Flexibility Summary • Paperwork and Forms Removed by Waiver: • Elimination of District Corrective Action Plan (unless in third year of process) • Elimination of Transfer reporting process • Elimination of SES approval process paperwork (Previously KDE approved district contracts with providers, but this is now waived.)

19. NCLB Waiver Flexibility Key Points to Remember • The Waiver applies to the following • Title I Schools • Tier II Schools Served Under SIG • Title I-Eligible High Schools with 60% or less graduation rates • Title I Funds still supplement rather than supplant, but greater flexibility with school improvement exists to target Priority and Focus Schools. • Set-asides are still required for: Parent involvement, Homeless, McKinney-Vento, Neglected and Delinquent and Title I, Part A Equitable Services. • KDE’s Office of District 180 will be providing technical assistance to Title I Directors.

20. NCLB Waiver Flexibility • Consequences for Priority and Focus Schools/Districts (3-tiered approach) • First tier: • Plan developed to address specific area of weakness that resulted in their identification, gap (Focus Schools/Districts) or achievement (Priority Schools/Districts); • School plan must be submitted for collaboration and approval by the superintendent and reflect what supports will be provided by district; • District plan must indicate what supports district will be providing to schools; • Both must post plans to appropriate website

21. NCLB Waiver Flexibility • Consequences for Priority and Focus Schools/Districts (3-tiered approach) • Second tier (Priority School/District identified for second or more consecutive time; Focus School/District that remains in category and does not make AMO/AYP for three consecutive compilations of Overall Score) • Plan revised • School plan submitted for collaboration and approval to superintendent and then district submits school plan on to KDE for approval; School plan must reflect what supports will be provided by district • District plan submitted to KDE for approval and must indicate what supports district will be providing to schools • Both schools and districts must post approved plans to websites • Third tier (Priority School/District identified for third or more consecutive time; Focus School/District that remains in category and does not make AMO/AYP for four consecutive compilations of Overall Score) • Same requirements as above • Participate in a set of improvement strategies outlined by accreditation process (ASSIST) • If directed by KDE, receive the assignment of a high-achieving partner district as a mentor • Accept ongoing assistance and resources throughout the year as assigned or approved by KDE

22. NCLB Waiver Flexibility Questions?