From the ECS State Policy Database No Child Left Behind--Adequate Yearly Progress

This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format. Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date]. State Status/Date Level Summary CA Vetoed 10/2011 P-12 From bill summary: Requires that reporting for purposes of the Academic Performance Index (API) include performance data for pupil subgroups of 10 or more pupils with valid test scores (previous provision required either at least 50 students with a valid test score, or at least 15% of the total population of pupils at a school who have valid test scores, with exceptions). Requires that reporting conducted pursuant to these provisions for any pupil subgroup that is not numerically significant be marked with an asterisk that indicates less statistical certainty than data based on a numerically significant subgroup. Requires that this reporting be conducted in accordance with specified federal privacy laws, and states the legislature's intent that this data not be used for federal or state accountability purposes. Bill text: http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0501-0550/sb_512_bill_20110901_enrolled.pdf Governor's veto message: http://gov.ca.gov/docs/SB_512_Veto_Message.pdf Title: S.B. 512 Source: www.leginfo.ca.gov MN Signed into law 07/2011 P-12 Allows the commissioner 30 additional days to release student growth and adequate yearly progress data in years when new performance standards are developed when specifically authorized by the legislature. Classifies the data as non-public until it is released by the commissioner. (Article 2, Sec 9) http://wdoc.house.leg.state.mn.us/leg/LS87/1/HF0026.0.pdf Title: H.F. 26 Source: http://www.house.leg.state.mn.us NM Signed into law 03/2011 P-12 Relates to school improvement plans, corrective action and supplemental services for low-performing schools based on adequate yearly progress measures. http://www.nmlegis.gov/Sessions/11%20Regular/final/HB0115.pdf Title: H.B. 115 Source: http://www.nmlegis.gov CT Signed into law 05/2010 P-12 Permits the local/regional board of education for a school that has been identified as in need of improvement pursuant or designated as a low achieving school (due to such school failing to make adequate yearly progress in mathematics and reading at the whole school level) to establish a school governance council for each school so identified. The school governance council has the following responsibilities: (1) analyzing school achievement data and school needs relative to the improvement plan for the school; (2) reviewing the fiscal objectives of the draft budget for the school and providing advice to the principal of the school before such school's budget is submitted to the superintendent of schools for the district; (3) participating in the hiring process of the school principal or other administrators of the school by conducting interviews of candidates and reporting on such interviews to the superintendent of schools for the school district and the local/regional board; (4) assisting the principal of the school in making programmatic and operational changes for improving the school's achievement, including program changes, adjusting school hours and days of operation, and enrollment goals for the school; (5) working with the school administration to develop and approve a school compact for parents, legal guardians and students that includes an outline of the criteria and responsibilities for enrollment and school membership consistent with the school's goals and academic focus, and the ways that parents and school personnel can build a partnership to improve student learning; (6) developing and approving a written parent involvement policy that outlines the role of parents and legal guardians in the school; (7) utilizing records relating to information about parents and guardians of students maintained by the local/regional board and as permitted by state statute. Permits the council to recommend reconstitution of the school through a certain model. http://www.cga.ct.gov/2010/ACT/PA/2010PA-00111-R00SB-00438-PA.htm Title: S.B. 438 - Sec. 21 Source: http://www.cga.ct.gov WV Signed into law 03/2010 P-12 Relates to promoting student achievement; provides discretion to schools that make AYP to use assessments and adopting instructional strategies and programs that promote student learning; modifies provisions concerning low performing schools; requires the review of certain tests; provides for a process for teacher collaboration in improving instruction and learning. http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB4436%20SUB%20ENR.htm&yr=2010&sesstype=RS&i=4436 Title: H.B. 4436 Source: http://www.legis.state.wv.us NY Adopted 12/2009 P-12 Amends rule to implement the No Child Left Behind differentiated accountability pilot program. One of the key components of this rule is the repeal of the current paragraph 100.2(p)(6), "School Requiring Academic Progress", and its replacement with a new paragraph 100.2(p)(6), "Differentiated Accountability for Schools," beginning with the 2009-10 school year. The new paragraph will: (1) Integrate federal and state accountability systems (2) Reduce the number of school accountability categories by eliminating dual Title I and non-Title I streams of improvement (3) Collapse identifications for improvement into three simplified accountability phases--Improvement, Corrective Action and Restructuring--based on the number of years a school failed to make adequate yearly progress (AYP) on an accountability performance criterion and/or accountability indicator (4) Further differentiate each phase into three categories of intervention: Basic, Focused and Comprehensive, based upon the number of accountability groups that failed to make AYP in an accountability performance criterion and/or accountability indicator for which a school has been identified (5) Determine a school's accountability designation for the 2009-2010 school year based upon the school's accountability status for the 2008-09 school year and the school's AYP for the 2007-08 and 2008-09 school years (6) Provide schools with diagnostic tools, planning strategies, and supports and interventions specific to that phase in the improvement process and the school's category of need (7) Allow for differentiation in the accountability process, permitting schools and districts to prepare and implement two-year school improvement/corrective action/restructuring plans that best match a school's designation (8) Better align the School Under Registration Review (SURR) and NCLB processes and ensure that schools with systemic and persistent failure fundamentally restructure or close (9) Maximize the state education department's limited resources and utilize the resources of the University of the State of New York (USNY) to assign School Quality Review Teams, Joint Intervention Teams, and Distinguished Educators to schools in improvement; strengthen the capacity of districts to assist schools to improve (10) Empower parents by increasing combined participation in Public School Choice (PSC) and Supplemental Educational Services (SES) by providing for SES in the first year of a school's identification for improvement and PSC only after an identified school has failed to make AYP. In addition, Section 100.2p(10) is amended to set forth the action that is to be taken when a school has been designated as Improvement, Corrective Action or Restructuring and has been placed on registration review. More specifically, under the amended regulations, requires a school designated as Improvement (year 1) or Corrective Action (year 1) to modify its plan to meet the requirements of a restructuring plan for implementation no later than the beginning of the school year following the year identified for registration review. The amended regulations also provide that a school designated as Restructuring (advanced) may be warned of revocation of registration unless an acceptable plan for closure or phase out has been submitted. Also allows a school identified for registration review to be identified for phase out or closure if progress has not been demonstrated after two full academic years of implementing a restructuring plan. Adopted as published in the July 1, 2009 issue of the Register (pages 10-14 of 28): http://www.dos.state.ny.us/info/register/2009/jul1/pdfs/rules.pdf Title: Title 8 NYCRR 100.2(p), 120.2, 120.3, 120.4 Source: www.dos.state.ny.us IL Signed into law 08/2009 P-12 Requires teacher supply and demand reports to be published every three years instead of annually. Deletes provision that adequate yearly progress for students with disabilities must be based on students' individual education plans. Provides that schools and districts that do not submit accurate data within the state board's timeframes may have federal funds withheld. Eliminates provision that schools and districts that do not make adequate yearly progress in same subgroup in two consecutive years or successive years are subject to accountability provisions. Requires schools to make adequate yearly progress for two consecutive years (previously was one year) to be removed from any accountability warning designation. Replaces reference to state board's "research department" with reference to "data division." Pages 1-11 of 63: http://www.ilga.gov/legislation/96/SB/PDF/09600SB1977lv.pdf Title: S.B. 1977 - Reporting, Accountability and Data Source: www.ilga.gov TX Signed into law 06/2009 P-12 Previous legislation on measuring annual improvement from one year to the next required the state education agency to determine the necessary annual improvement required each year for a student to be prepared to perform satisfactorily on the end-of-course assessments required for graduation. New provision requires the agency to additionally determine the annual improvement needed for satisfactory performance on the grade 5 and 8 assessments, and for the necessary annual improvement required on these additional assessments to be reported to the district, as they are for end-of-course assessments. Page 67 of 180: http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/HB00003F.pdf Title: H.B. 3 - Section 58 Source: www.legis.state.tx.us MN Signed into law 05/2009 P-12 Requires the statewide educational accountability and reporting system to measure and separately report the adequate yearly progress of schools and the academic growth of individual students. Requires the system to include statewide measures of high and low student academic growth. Requires school districts to annually determine whether schools meet federal expectations for student achievement. Requires the state's educational assessment system to measure individual students' educational growth. Directs the commissioner to annually report to the public and the legislature, beginning June 30, 2012, the organizational and curricular practices implemented by schools that demonstrate medium and high student growth. https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H0002.5.html&session=ls86 Title: H.F. 2 Source: https://www.revisor.leg.state.mn.us TN Signed into law 05/2009 P-12 Requires the department of education to explore with the Tennessee congressional delegation and the United States department of education modification of No Child Left Behind determination of who is a dropout for students who receive a GED and pass appropriate examinations established by the state board of education or have good scores on the ACT. - Amends TCA Title 49. http://wapp.capitol.tn.gov/apps/billinfo/BillSummaryArchive.aspx?BillNumber=SB2030&ga=106 Title: S.B. 2030 Source: http://wapp.capitol.tn.gov KY Signed into law 03/2009 P-12 Provides that whereas it is imperative that schools, administrators, teachers, parents and policymakers maintain high expectations for students, and it is important that there be an orderly transition from the current state assessment to the new assessment and accountability system implemented in 2011-12, the following conditions will apply: (1) The state board of education must provide for an interim assessment process (described in section 19 of this act) (2) The board must ensure that all student assessments and data collection and reporting necessary to meet the accountability and proficiency requirements for the federal No Child Left Behind Act (NCLB) are met (3) The board must suspend the calculation of a state accountability index for 2008-09, 2009-10, and 2010-11. During the interim period the following will apply for accountability purposes: (a) NCLB Annual Yearly Progress results must be used to determine improvement of student achievement for both Title 1 and non-Title 1 schools (b) The NCLB definitions must be applied to both Title 1 and non-Title 1 schools (c) State level assistance and resources must be provided to Title 1 and non-Title 1 schools falling into the federal definitions of consequences in order to help schools improve student achievemen (d) Results of the interim tests must be reported publicly. Permits the state board to use math items developed using revised math content standards during the spring of 2010 and administer an initial math test, based on the revised standards during the 2010-11 testing period to meet NCLB requirements, if approval is granted by the U.S. Department of Education. Directs the state department of education to develop and implement interim program assessments of writing programs, practical living skills and career studies, and arts and humanities in all schools during the transition period. Directs the department to finalize the process for program assessments for implementation during the 2011-12 school year. Directs the department and state board to ensure that teachers, administrators and local board members are well informed of pending changes in the assessment and accountability system during the transition period and continue to stress the importance of the quality of opportunities for all students. http://www.lrc.ky.gov/record/09RS/SB1/bill.doc Title: S.B. 1 Section 18 Source: www.lrc.ky.gov LA Adopted 10/2008 P-12 Amends rules relating to the school, district and state accountability system. Relates to the inclusion of alternate assessment results for students with disabilities in accountability system. http://doa.louisiana.gov/osr/lac/28v83/28v83.doc Title: LAC 28:LXXXIII.3905 Source: http://doa.louisiana.gov/osr/ OH Passed 05/2008 P-12 Approves the Department of Education's proposed changes (change in minimum subgroup size to 30 and to implement a growth model) to the state academic accountability system for public schools. http://www.legislature.state.oh.us/res.cfm?ID=127_SCR_18 http://www.legislature.state.oh.us/ResolutionText127/127_SCR_18_AS_N.html Title: S.C.R. 18 Source: http://www.legislature.state.oh.us OR Adopted 01/2008 P-12 Directs the Superintendent of Public Instruction to appoint a committee to hear substantive appeals from schools relating adequate yearly progress (AYP) determinations. Title: OAR 581-022-1065 Source: Lexis-Nexis/StateNet LA Adopted 12/2007 P-12 Amends rules concerning Bulletin 111 - The Louisiana School, District, and State Accountability System. Sets the target graduation rate for schools at 65%. Separates the current School Improvement set of labels and remedies into two separate sets: (1) the "Academically Unacceptable Schools (AUS)" set, which is time-bound, and (2) the "Subgroup Component Failure (SCF)" set, which is in line with requirements of the No Child Left Behind Act. Accordingly, criteria for schools entering, moving within, and exiting these various levels of AUS and SCF are detailed, as are the related remedies. Page 2593-2600: http://doa.louisiana.gov/osr/reg/0712/0712.doc#_Toc185922091 Title: LAC 28:LXXXIII.301, 517, 613, 707, 709, 903, 1301, 1601-1609, 1901,2101, 2301, 2401, 2501-2505, 2701- 2721, 3301-3303, 3503, 3507, 3701, and 3905. Source: doa.louisiana.gov LA Adopted 10/2007 P-12 Revises Bulletin 111 - The Louisiana School, District, and State Accountability System (LAC Part Number LXXXIII). Revises section 603 to include all students in the state-level cohort regardless or entry or exit dates. Revises section 613 to clarify that schools cannot be awarded points for students designated as attendees if they are dropouts; changes the points awarded for School Performance Scores for students receiving TOPS award or completing TOPS programs; changes the points awarded for students receiving an academic endorsement. Revises section 4313 to omit the District Responsibility Index label as a trigger for districts to enter District Improvement status; mandates timeframes for these districts to submit District Improvement Plans to the Louisiana Department of Education (LDE) and for the LDE to review require districts to implement these approved plans; describes sanctions for districts entering District Improvement in line with current law, requiring that they either implement a new curriculum, arrange for particular schools to come under public governance per R.S. 17:1990, or authorize students to transfer to a higher-performing public school operated by another local educational agency after reaching an agreement with the other LEA. See starting page 2031: http://doa.louisiana.gov/osr/reg/0710/0710.doc#_Toc180395357 Title: LAC 28:LXXXIII.603, 613, and 4313 Source: www.lexis.com WV Adopted 09/2007 P-12 Amends rules regarding standards, assessment, and accountability for student performance and progress. Incorporates 21st Century skills into the standards; revises the statewide assessment program; provides annual performance measures for the No Child Left Behind Act of 2001; revises the criteria for accreditation status; and provides an appeal process for on-site review findings in the accountability system. Title: Title 126, Series 13 Source: Lexis-Nexis/StateNet LA Adopted 07/2007 P-12 Amends the following Sections of Bulletin 111: • §1301 Reward Eligibility: Changes one requirement for exemplary academic growth to 2.0 points improvement in a subgroup assessment index rather than growth in a subgroup performance score • §4313 Corrective Actions: Adds detail for how school districts that have been identified for district improvement can exit corrective actions • §4903 Local Superintendent and Board Responsibilities and §4905 Contracting and Employing a District Superintendent: Repeals both of these items, reflecting the legislature's repeal of C and D only of R.S. 17:10.6, Act 687, Reg. Session 2006. http://www.doa.louisiana.gov/osr/reg/0707/0707RUL.pdf Title: LAC 28:LXXXIII.1301, 4313, 4903, and 4905 Source: www.doa.louisiana.gov TX Signed into law 06/2007 P-12 Provides that a student who is sent to a juvenile detention facility or a residential program is not considered to be a student of the school district in which the program or facility is physically located, ensuring that the performance of the students in those facilities and programs do not affect the accountability ratings of school districts. http://www.legis.state.tx.us/tlodocs/80R/billtext/pdf/HB03092F.pdf Title: H.B. 3092 Source: http://www.legis.state.tx.us AZ Signed into law 05/2007 P-12 Relates to accountability and standard measurements of acceptable academic progress. Adds provisions for calculating academic gains on the AIMS test for students in grades K-12 according to statutory classification statewide, for each school district and each school by determining the average scale scores for each student for the current year as compared to the previous year. Establishes that the State Department of Education and the Superintendent may develop a classification label for school districts and charter school operators based on the following four components: 1) Measures of academic progress; 2) pupil assessment data; 3) attendance rates and graduation rates of pupils who are educator in that charter school operator's charter school or in that school district's schools; 4) percentage of parents of pupils enrolled in that charter school or school district that categorizes the quality of their child's education as excellent on a parental rating of school quality. (Chapter No. 200) http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/48leg/1r/summary/h.sb1522_05-09-07.doc.htm Title: S.B. 1522 Source: http://www.azleg.gov LA Adopted 04/2007 P-12 Replaces District Responsibility Index with District Responsibility Indicators to provide a more specific picture of how districts are to be held accountable. (Details of the District Accountability Release required clarification because of the 2005 hurricanes.) Pages 1-3 of 45: http://www.doa.louisiana.gov/osr/reg/0704/0704rul.pdf Title: LAC 28:LXXXIII.4301, 4302, 4310, 4311, 4313, 4315, 4503, and 4517 Source: Lexis-Nexis/StateNet NY Signed into law 04/2007 P-12 Requires every district with at least one school currently identified as requiring academic progress or in need of improvement or in corrective action or restructuring status to prepare a contract for excellence if the district receives an increase in total foundation aid compared to the base year in an amount that equals or exceeds either $15 million or 10% of the amount received in the base year, whichever is less, or receives a supplemental educational improvement plan grant. Provides that in the 2007-2008 school year, the increase must be the amount of the difference between total foundation aid received for the current year and the total foundation aid base. Provides that in New York City, a contract for excellence must be prepared for the city school district and for each community district that meets the above criteria. Requires each contract for excellence to describe how the sum of amounts apportioned to the district in the current year, in total foundation aid and supplemental educational improvement plan grants, in excess of 103% of the district's foundation base, will be used to support new programs/activities or expand the use of programs/activities demonstrated to improve student achievement. Requires each contract for excellence to state, for all funding sources (federal/state/local), the instructional expenditures per pupil, the special education expenditures per pupil, and the total expenditures per pupil, projected for the current year and actually incurred in the base year. Provides each contract for excellence is subject to approval by the commissioner and his/her certification that the expenditure of additional aid or grant amounts is in accordance with these provisions. Provides the school district audit report certified to the commissioner by an independent certified public accountant, an independent accountant or the comptroller of the city of New York must include a certification by such accountant or comptroller and that the increases in total foundation aid and supplemental educational improvement plan grants have been used to supplement and not supplant funds allocated by the district in the base year for such purposes. Requires the contract to specify the new or expanded programs for which additional foundation aid or grants will be used, and to affirm that such programs will predominately benefit students with the greatest educational needs, including limited English proficient students, students in poverty and students with disabilities. Requires the contract in New York City to also include a plan to reduce average class sizes within five years. Provides the plan must also include class size reduction for low-performing and overcrowded schools and include the methods to be used to achieve such class sizes, such as the creation or construction of more classrooms and buildings, the placement of more than one teacher in a classroom, or other means. Directs the commissioner to adopt regulations establishing allowable programs and activities to improve student achievement; directs that these are limited to class size reduction, programs that increase student time on task, teacher and principal quality initiatives, middle and high school restructuring, and full-day kindergarten or prekindergarten. Authorizes districts to use up to 15% of the additional funding they receive for experimental programs to demonstrate the efficacy of other strategies to improve student achievement. Provides that in the 2007-2008 school year, up to$30 million or 25% of such additional funding, whichever is less, may be used to maintain investments in commissioner-approved and other programs and activities to improve student achievement. Directs the commissioner to assist districts that include in their contract for excellence the implementation of incentives, developed in collaboration with teachers in the collective bargaining process, for highly qualified and experienced teachers to work in low-performing schools, to ensure that such incentives are effective. Requires a district contract for excellence developed in the 2008-2009 school year and thereafter to be developed through a public process, in consultation with parents, teachers, administrators, and any appointed distinguished educator. Requires this process to include at least one public hearing; requires this process in New York City to be held within each county of the city. Requires each community district contract for excellence in New York City to be consistent with the citywide contract for excellence, and to be submitted by the community superintendent to the community district education council for review and comment at a public meeting. Requires the trustees or board of education, or New York City comptroller, of each district with a contract for excellence to assure that procedures are in place for parents to bring complaints concerning implementation of the district's contract for excellence. Directs districts subject to contract for excellence provisions to publicly report the expenditure of total foundation aid in the form and manner prescribed by the commissioner, which must ensure full disclosure of such funds. Directs the department to develop a methodology for all districts subject to contract for excellence provisions to report school-based expenditures. http://assembly.state.ny.us/leg/?bn=S02107&sh=t Title: S.B. 2107 - Part A, Section 12 Source: assembly.state.ny.us NM Vetoed 04/2007 P-12 Distinguishes a student's academic proficiency from the AYP of schools and districts. Conforms rankings of schools in need of improvement with Federal requirements. Provides a process for reopening failing schools as state-chartered charter schools. Provides the disaggregation of data by gender. Reconciles multiple Amendments to the same section of law in Laws 2005. http://legis.state.nm.us/Sessions/07%20Regular/final/SB0287.pdf Title: S.B. 287 Source: http://legis.state.nm.us NM Signed into law 04/2007 P-12 Distinguishes a student's academic proficiency from the adequate yearly progress of public schools and school districts; conforms rankings of schools in need of improvement with federal requirements; provides a process for reopening failing schools as state-chartered charter schools; provides for the disaggregation of data by gender. http://legis.state.nm.us/Sessions/07%20Regular/final/HB0034.pdf Title: H.B. 34 Source: http://legis.state.nm.us WV Signed into law 03/2007 P-12 From Fiscal Note: The purpose of this bill is to revise the standards, assessment and accountability system to accommodate the higher order thinking and learning skills consistent with the state's 21st Century Initiative. School and district improvement plans are to be electronic. The annual performance measures used for school and school system accreditation are separated from those required by the federal No Child Left Behind Act. The comprehensive statewide student assessment program will define a system of assessments to be administered under the direction of the state board. The assessment program is broadened to authorize formative assessments across the grade levels to support summative assessment, improve student achievement and promote 21st Century skills. The grade levels tested for calculating adequate yearly progress (AYP) would be 3 through 8 and 11.Allows the state board to require that student proficiencies be measured through the ACT EXPLORE and the ACT PLAN assessments or approved comparable assessments. Sets a uniform statewide assessment rate of at least 95% or the average of the participation rate for the current and the precenting two years is nine-five percent for the school, county and state. Another level of accreditation status is added for schools called "Distinguished" status, and the current "Seriously Impaired" status is renamed as "Low Performing" status. http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb657%20enr.htm Title: S.B. 657 Source: http://www.legis.state.wv.us SD Signed into law 03/2007 P-12 Repeals provisions related to distribution of funds to school districts based on adequate yearly progress (§ 13-3-70 through 72). http://legis.state.sd.us/sessions/2007/bills/SB67enr.pdf Title: S.B. 67 Source: http://legis.state.sd.us LA Adopted 02/2007 P-12 Makes changes to the state accountability system to take advantage of new and existing flexibility outlined in guidance for No Child Left Behind and to address situations, including changes necessitated in response to the hurricanes of 2005, which were not considered when the accountability policy was initially written. Provides that a school in which a repeating 4th grade student or Option I 8th grade student scores at a higher achievement level on a LEAP test of math, English language arts, science or social studies than any previous attempt (of the same test) will receive 50 incentive points per improved subject in its accountability index. Allows a student to earn a maximum of 200 incentive points for his/her school. Also provides that a 4th or 8th grade student in a summer school program who scores at a higher achievement level on a LEAP test of math or English language arts than any previous attempt (of the same test) will earn 50 incentive points per improved subject. Provides methodology for calculating a 9-12 assessment index. Provides that scores of an English language learner who has been enrolled in a U.S. school for less than one year not be included in school performance score calculations. Amends language regarding the annual measurable objective (AMO), safe harbor, inclusion of alternate assessment results and determinations of a student's proficiency in English. Amends provisions awarding schools and districts a one year exclusion from the subgroup component in accountability due to a natural disaster. Pages 4-6 of 50: http://www.doa.louisiana.gov/osr/reg/0702/0702rul.pdf Title: LAC 28:LXXXIII.307, 409, 515, 703-707, 3905, 4001, and 4527 Source: www.doa.louisiana.gov AK Adopted 02/2007 P-12 Amends rules to the Department of Education and Early Development. Deals with criteria for low income economic status students in school accountability subgroups. Sets time frame for excluding immigrant students from assessments. ALASKA 3482 http://touchngo.com/lglcntr/akstats/AAC/Title04.htm Title: 4 AAC 06.802, .805 Source: http://touchngo.com/lglcntr/akstats LA Adopted 02/2007 P-12 Makes various changes to state assessment system. Creates end-of-course tests, to be phased in over a period of six years starting in fall 2007, in the following: 1. Algebra I; 2. Geometry; 3. English I; 4. English II; 5. Biology; 6. American History; 7. Civics; and 8. Free Enterprise. Sets limitations on the public release of assessment data when such a release might compromise student confidentiality. Amends test security policies. Amends policies related to erasure analysis on state assessments. Also amends policies to address suspected violations of test security and troubling content in written assessment responses. Adds provision regarding administrative errors by school personnel that result in a question regarding the security of the test or the accuracy of the test data. Amends provisions related to English language development assessments for English language learners (ELLs) and assessment of students with disabilities, including assessment accommodations for ELLs and students with disabilities. Provides that if a student is expelled from school and is not enrolled in any type of alternative program or receiving any services from the district, the parent may make a timely request that the student be tested and the district must make arrangements to test the student. Pages 7- of 50: http://www.doa.louisiana.gov/osr/reg/0702/0702rul.pdf Title: LAC 28:CXI.Chapters 1, 3, 5, 18, 23, 27, 33, and 35 Source: www.doa.louisiana.gov OK Adopted 12/2006 P-12 Requires that: (1)    Each school district in the state with a city, county, or state jail within the district's boundaries shall designate an employee or employees of the school district who will be responsible for overseeing the educational services to eligible juveniles identified by the facility. While incarcerated in a jail, the student shall be considered a resident of the school district where the jail is located. (2)    Once an employee is designated by the school district that person shall immediately contact the individual in charge of the operation of the jail or jails within the boundaries of the school district and provide them with information regarding the requirements of this rule. (3)    When a school district receives notification of the need for educational services from a facility incarcerating a juvenile, the school district shall provide the juvenile with an appropriate education plan designed for the possible reintegration of the student into school, which must include the core subjects. The education plan contemplated by this rule corresponds to the education plan referenced in the Oklahoma School Laws at 70 O.S. § 24-101.3(D) for students suspended from school. A copy of the education plan developed by the school district shall be provided to the facility and to the juvenile and a copy shall be kept on file by the school district. For purposes of this rule the core units shall consist of English, Math, Science, Social Studies, and Art units required by the State Board of Education. (4)    The education plan shall set out the procedure the school district and the facility will utilize for the provision of educational services to the juvenile and will address academic credit for work satisfactorily completed. These procedures and requirements apply to facilities which do not have in place, on the effective date of this rule, a plan for educational services of incarcerated juveniles. (5)    The provisions of residency law at 70 O.S. § 1-113 addressing responsibility for educational services to juveniles in facilities located within the boundaries of the school district prevail over the requirements set forth in this rule.Amends rules concerning school administration and instructionalservices. http://www.oar.state.ok.us/register/Volume-24_Issue-11.htm#a96770 Title: OAC 210:10-1-13 Source: http://www.oar.state.ok.us/ LA Adopted 11/2006 P-12 Transition made to new accountability system that includes iLEAP and Graduation Index. Page 1: http://www.doa.louisiana.gov/osr/reg/0611/0611RUL.pdf Title: LAC 28:LXXXIII.301 and 303 Source: Lexis-Nexis/StateNet LA Adopted 11/2006 P-12 Adjusts accountability policy to more effectively address conditions imposed by the hurricanes of 2005 and implementation of a new testing program. Page 2 of 67: http://www.doa.louisiana.gov/osr/reg/0611/0611RUL.pdf Title: LAC 28:LXXXIII.301 and 4527 Source: Lexis-Nexis/StateNet IL Adopted 10/2006 P-12 Establishes "Annual Measurable Achievement Objectives" (AMAOs) related to proficiency, progress, and adequate yearly progress (AYP) for educational agencies using funds provided under Title III of the No Child Left Behind Act to serve limited English proficient students. Pages 278-286 of 554: http://www.cyberdriveillinois.com/departments/index/register/register_volume30_issue44.pdf Title: 23 IAC 1.88 Source: www.cyberdriveillinois.com AK Rule Adoption 10/2006 P-12 Implements federal flexibility guidelines in the calculation of adequate yearly progress for the subgroup of students with disabilities. http://www.eed.state.ak.us/regs/filed/4AAC_06.830_and_4AAC_06.830(b).pdf Title: 4 AAC 06.830(b) Source: http://www.eed.state.ak.us/ NY Adopted 09/2006 P-12 Implements New York's plan to address the findings of the U.S. department of education peer review of New York's assessment program by: (1) modifying the School Performance Index to incorporate the results from New York's grade 3-8 assessment program in English language arts and mathematics; (2) revising the Annual Measurable Objectives in English language arts and mathematics to reflect the use of grade 3-8 test results; (3) combining the elementary and secondary science criteria into a single combined elementary-middle level science criterion; (4) revising the definition of the graduation cohort beginning with the 2003 graduation cohort to make schools accountable for students after they received five months of instruction in a school or district; (5) incorporating in the limited English proficient (LEP) subgroup students who had previously been considered LEP students during the prior one or two years in order to calculate Adequate Yearly Progress; (6) restricting the use of backmapping to schools serving exclusively students below grade three; (7) revising the timelines for schools and local educational agencies whose 2006-07 accountability status is dependent on 2005-06 grade 3-8 assessment results to take certain actions required of schools and local educational agencies identified as requiring academic progress or as in need of improvement; (8) indicating that the NYSESLAT will no longer be administered, in lieu of the required State assessment in English language arts, for accountability purposes beyond the 2005-2006 school year; and (9) restricting the use of the NYSESLAT, for participation rate purposes, to limited English proficient students who have attended school in the United States for one year. http://www.emsc.nysed.gov/irts/accountability/regulations-sept06.htm Title: Title 8 NYCRR Section 100.2(p) Source: http://www.emsc.nysed.gov CA Vetoed 08/2006 P-12 Relates to the level of proficiency achieved by pupils. Requires the definition of proficient for the purposes of calculating Adequate Yearly Progress under the federal No Child Left Behind Act as it relates to the requirements for grades 9 to 11 at the level needed to pass the state high school exit examination. Requires the State Board of Education to develop proficient for grades 2 to 8, inclusive and to report regarding the change in the definition. http://www.leginfo.ca.gov/pub/bill/asm/ab_2951-3000/ab_2975_bill_20060817_enrolled.pdf Title: A.B. 2975 Source: California Legislature LA Adopted 08/2006 P-12 Designed to address the impact of natural disasters on schools/districts ability to meet the objectives of the accountability system. Creates one-year waiver from accountability for "severe impact" schools and districts, as defined in rule. Also establishes provisions for severe impact schools following a one-year disaster waiver; directs the department of education to provide specific entry and exit codes for students displaced by natural disaster; establishes assessment and graduation rate indices for displaced students in limited impact schools; and offers schools and districts impacted by a natural disaster a one year exclusion from the subgroup component in accountability. Pages 1-3 of 55: http://www.doa.louisiana.gov/osr/reg/0608/0608RUL.pdf Title: LAC 28:LXXXIII.Chapter 45 Source: www.doa.louisiana.gov KY Emergency Rule Adoption 08/2006 P-12 Establishes rules regarding a single assessment system with two accountability dimensions: one addressing the requirements of KRS 158.6455 to determine school classifications, and a second addressing the conditions necessary to conform to federal assessment and accountability requirements of the "No Child Left Behind Act of 2001." http://www.lrc.ky.gov/kar/703/005/020E.htm Title: 703 KAR 5:020 Source: Lexis-Nexis/StateNet DE Adopted 07/2006 P-12 Enables school districts to choose to either track students back to the school of residence or to make the school that is providing the instruction the accountability school for students in an intradistrict intensive learning center or intradistrict special school or program. Requires schools to use thehighest test scores a student receives in the AYP calculation when the studentis tested a second time as part of the state mandated summer school program. Allows for the composite score for the State Progress Determination to be a two year average or current year, whichever is higher. DELAWARE 1856 http://www.state.de.us/research/AdminCode/title14/100/103.shtml#TopOfPage Title: 14 DAC 103 Source: Delaware Regulations LA Adopted 06/2006 P-12 Full text of language on pages 8-20 of 62: http://www.doa.louisiana.gov/osr/reg/0606/0606RUL.pdf Changes define/outline/clarify the following: --school performance score goals (page 8-10 of 62); --calculating the SPS (School Performance Scores) component (pp 11-12 of 62); --incentive points for a school in which a repeating 4th or 8th grade student scores at a higher achievement level on a LEAP test of math, English language arts, science or social studies than the previous spring (p of 62); --calculating a K-8 assessment index (pp 12-13 of 62); --calculating a 9-12 assessment index (p 13 of 62); --the state assessments in which students in grades 3-11 will participate in annually (p 13 of 62); --inclusion of schools (pp 13-14 of 62); --pairing/sharing of schools with insufficient test data (p 14 of 62); --growth targets (pp 14-15 of 62); --defining, determining a cohort for, documenting and calculating a graduation index (pp 15-16 of 62); --calculating a graduation rate (p 17 of 62); --subgroup component indicators and failing the subgroup component (pp 16-17 of 62); --safe harbor (pp 16-17 of 62); --levels of academic assistance (p 17 of 62); --levels of school improvement, entry into and exit from school improvement, school improvement requirements and state support at each level (pp 17-18 of 62); --recovery school district (p 19 of 62); --inclusion of alternative education students and option considerations (p 19 of 62); --valid data considerations and NRT/CRT data (pp 19-20 of 62); --attendance and dropout/exit data (p 20 of 62); --and subgroup component adequate yearly progress (p 20 of 62). Chapter 45, Disaster Consideration for School and District Accountability, is a proposed amendment designed to address the impacts of Hurricane Katrina and Rita and other disasters that may occur. Title: LAC 28:LXXXIII.Chapters 3, 4, 5, 6, 7, 14, 15, 17, 21, 24, 35, 41,43, and 45 Source: www.doa.louisiana.gov VT Signed into law 05/2006 P-12 Extends to 2007-2008 provisions related to No Child Left Behind requirements, including commissioner determinations whether schools and districts are meeting state standards annually and state board authority to impose on schools and school districts consequences allowed in state law and required by the Act within the time frame required in the Act and education of homeless students. Directs the commissioner of education and the secretary of human services to develop and analyze options for payment of education costs for a pregnant or parenting pupil attending an approved public school in Vermont or an adjacent state, an approved independent school in Vermont, or other educational program, other than a 24-hour residential facility, approved by the state board of education. Directs districts to pay between 75-85% of the base education payment for the year of attendance for a pregnant or parenting pupil enrolled in the district, attending a teen parent education program recognized by the department for children and families, and taking academic courses at the teen parent education program which are the substantial equivalent of the courses required by the district to obtain a high school diploma. http://www.leg.state.vt.us/docs/legdoc.cfm?URL=/docs/2006/acts/ACT182.HTM Title: H.B. 867 - Section 13-15 Source: www.leg.state.vt.us MN Signed into law 05/2006 P-12 For 2006, requires the department of education to make available preliminary school designations and AYP data to schools and school districts by August 15, 2006. The department must release all school performance report cards AYP data to the public by September 1, 2006, except it may not release the performance data of a school or district that submits to the department a written appeal of a designation by August 31, 2006. The department may not release until November 15, 2006, the performance data of a school or district that submits a timely appeal unless the school or district agrees in writing to an earlier date for releasing data. http://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=S2994.4.html&session=ls84 Title: S.B. 2994 Source: http://www.revisor.leg.state.mn.us/ LA Adopted 04/2006 P-12 Establishes and expands upon procedures for identifying districts not making adequate yearly progress (AYP), in accordance with R.S. 17:10.1. http://www.doa.state.la.us/osr/reg/0604/0604RUL.pdf (starting page 1 of 106) Title: LAC 28:LXXXII.4301 and 4901-4911 Source: www.doa.state.la.us MS Rule Adoption 04/2006 P-12 Revises the Consolidated State Application Accountability Workbook.Incorporates changes made for use in the 2006 Adequate Yearly Progress (AYP) Model under the No Child Left Behind Act. MISSISSIPPI 10344 Title: 08-b Source: Lexis-Nexis/StateNet ID Signed into law 04/2006 P-12 Provides that 750,000 of the $6,040,000 appropriated for programs for limited English proficient students be distributed to schools in which English language learners failed to meet Adequate Yearly Progress (AYP) in math or reading. Requires the department to develop the program elements governing the use of these funds, modeled on the training, intervention and remediation elements of the programs described in Section 7 of the bill (see below). Specifies that these funds are to improve the English language skills of English language learners, to enable such students to better access the educational opportunities offered in public schools. Requires these funds to be distributed on a one-time basis. Requires the superintendent of public instruction to report to the Joint Finance-Appropriations Committee and the House of Representatives and the Senate Education Committees by February 1, 2007, on the program design, uses of funds, and effectiveness of the program. Section 7: Of the moneys appropriated in the bill, $2,800,000 must be used for literacy programs, as outlined in Sections 33-1614, 33-1615 and 33-1207A(2), Idaho Code. It is legislative intent tha the state board and the state department of education coordinate federally funded literacy programs with state literacy programs, resulting in well-coordinated, complementary literacy efforts. http://www3.state.id.us/oasis/H0847.html Title: H.B. 847 Section 8 Source: www3.state.id.us OK Adopted 03/2006 P-12 Allows charter schools to appeal Adequate Yearly Progress decisions on their behalf based on statistical or other substantial reasons. Title: OAC 210:10-13-18 Source: Lexis-Nexis/StateNet SD Signed into law 03/2006 P-12 Appropriates funds to increase funding to education and to assist sparse school districts; requires legislation as part of the final report of the study of school funding. School districts that meet adequate yearly progress in reading and math under the terms of the state's accountability system receive funding. Those school districts that fail to meet adequate yearly progress under the terms of the state's accountability system may apply to the department for a grant to assist the district in meeting future academic targets. http://legis.state.sd.us/sessions/2006/bills/SB198enr.pdf Title: S.B. 198 Source: Lexis-Nexis/StateNet IL Adopted 11/2005 P-12 Makes changes in the accountability system for public schools. Changes the requirement for adequate yearly progress and the indicators that will be considered; the targets for each aspect of performance; the subgroups of students, their participation in state level assessments, and the treatment of their scores; and the academic early warning and watch status and the requirements for school and district improvement plans and restructuring plans. Section 1.10 Public School Accountability Framework Section 1.20 Operational Requirements Section 1.30 State Assessment Section 1.40 Adequate Yearly Progress Section 1.50 Calculation of Participation Rate Section 1.60 Subgroups of Students; Inclusion of Relevant Scores Section 1.70 Additional Indicators for Adequate Yearly Progress (high school dropout rates/graduation rates) Section 1.75: Student Information System Section 1.80: Academic Early Warning and Watch Status Section 1.85: School and District Improvement Plans; Restructuring Plans Section 1.90: Systems of Rewards and Recognition - The Illinois Honor Role Section 1.95 Appeals Procedure http://www.isbe.state.il.us/rules/archive/pdfs/oneark.pdf AGENCY CONTACT: Sally Vogl, Agency Rules Coordinator, State Board of Education, 100 N First St (W-475), Springfield, IL 62777, 217-782-5270 Title: 23 IAC 1.10, thru .70, .75, .80, .85, .90, .95, Source: www.isbe.state.il.us LA Adopted 11/2005 P-12 Defines growth label changes for three-star schools. Defines the movement of three-star schools into Academic Assistance if performance significantly declines. Addresses the requirement of districts to address the learning needs of mobile students, the writing and implementation of reconstitution plans, and the accountability status of reconfigured schools. These changes take advantage of new flexibility in guidance for No Child Left Behind and address situations that were not considered when the accountability policy was initially written. AGENCY CONTACT: Nina A Ford, Board of Elementary and Secondary Education, Box 94064, Capitol Station, Baton Rouge, LA 70804-9064 http://www.doa.state.la.us/osr/reg/0511/0511RUL.pdf Title: LAC 28:LXXXIII.517, 1101, 1501, 1705, 2301, 3301, and 3303 Source: Lexis-Nexis/StateNet and www.doa.state.la.us/osr/reg/ KY Adopted 11/2005 P-12 Amends rules which establish a system for identifying and rewarding successful schools and appropriate consequences for schools failing to meet or exceed their assistance line. AGENCY CONTACT: Kevin Noland, Deputy Commissioner and General Counsel, Bureau of Operations and Support Services, Department of Education, 500 Mero St, 1st, Capitol Plaza Tower, Frankfort, KY 40601, 502-564-4474, fax 502-564-9321 http://www.lrc.ky.gov/kar/703/005/020.htm Title: 703 KAR 5:020 Source: Lexis-Nexis, www.lrc.ky.gov LA Adopted 11/2005 P-12 Amends the accountability system calculations to take advantage of new flexibility in guidance for No Child Left Behind and address situations that were not considered when the accountability policy was initially written. §305. Calculating the CRT Index §509. Inclusion of Alternate Assessment Results in Accountability Reporting §703. Inclusion of Students in the Subgroup Component §3901. Assessment of Students with Disabilities §3903. LEAP Alternate Assessment Participation Criteria AGENCY CONTACT: Nina A Ford, Board of Elementary and Secondary Education, Box 94064, Capitol Station, Baton Rouge, LA 70804-9064 http://www.doa.state.la.us/osr/reg/0511/0511RUL.pdf Title: LAC 28:LXXXIII.305, 509, 703, 3901-3905 Source: Lexis-Nexis/StateNet and www.doa.state.la.us/osr MS Signed into law 10/2005 P-12 Authorizes the state board of education to exempt certain schools from accountability standards due to Hurricane Katrina of 2005. http://billstatus.ls.state.ms.us/documents/20055E/pdf/SB/2001-2099/SB2012SG.pdf Title: S.B. 2012 Source: StateNet TX Adopted 09/2005 P-12 Amends rules regarding the annual accountability standards. Describes the state accountability rating system for districts, campuses, and charter schools, and adopts applicable excerpts of the 2005 Accountability Manual, dated June 2005. TEXAS REG 97908 (SN) Title: 19 TAC 2.97.AA.97.1001 Source: StateNet TX Adopted 09/2005 P-12 BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: Legal counsel with the Texas Education Agency (TEA) has recommended that the procedures for issuing accountability ratings for public school districts and campuses be adopted as part of the Texas Administrative Code. This decision was made in 2000 given a court decision challenging state agency decision making via administrative letter/publications. Given the statewide application of the accountability rating process and the existence of sufficient statutory authority for the commissioner of education to formally adopt rules in this area, portions of each annual accountability manual have been adopted since 2000. The accountability system evolves from year to year so the criteria and standards for rating and acknowledging schools in the most current year differ to some degree over those applied in the prior year. The intention is to annually update 19 TAC §97.1001 to refer to the most recently published accountability manual. The proposed amendment to 19 TAC §97.1001 would describe the state accountability rating system and adopt excerpts of the 2005 Accountability Manual, dated June 2005, into rule. The excerpts, Chapters 2-6, 9, 11-13, 16, and 17 of the 2005 Accountability Manual, specify the indicators, standards, and procedures used by the commissioner of education to determine accountability ratings, both standard and alternative education accountability (AEA), for districts, campuses, and charter schools. These chapters also specify indicators, standards, and procedures used to determine Gold Performance Acknowledgment (GPA) on additional indicators for Texas public school districts and campuses. Also specified in Chapters 2-6, 9, 11-13, 16, and 17 of the 2005 Accountability Manual are procedures for submitting an appeal. The TEA will issue accountability ratings under the procedures specified in the 2005 Accountability Manual in August 2005. Ratings may be revised as a result of investigative activities by the commissioner as authorized under TEC, §39.074 and §39.075. The title of §97.1001 would also change from "Annual Accountability Standards" to "Accountability Rating System." In 2005, campuses and districts will be evaluated using four base indicators: Texas Assessment of Knowledge and Skills (TAKS) results, completion rates, annual dropout rates, and student performance on the State Developed Alternative Assessment (SDAA) II. In 2005, the GPA system will award acknowledgment on 13 separate indicators to districts and campuses rated Academically Acceptable or higher: Attendance Rate for Grades 1-12; Advanced Academic Course Completion; Advanced Placement/ International Baccalaureate Examination Results; College Admissions Test Results; Commended Performance on Reading/English Language Arts (ELA), Mathematics, Writing, Science and/or Social Studies; TAAS/TASP Equivalency; Recommended High School Program Participation; and Comparable Improvement on Reading/ELA and Mathematics. http://www.tea.state.tx.us/rules/commissioner/proposed/0805/97-1001a-ltrprop.html Title: 19 TAC §97.1001 Source: http://www.tea.state.tx.us/rules/ IL Signed into law 08/2005 P-12 Makes changes to the state's accountability provisions under the No Child Left Behind Act of 2001, effective with the 2005-2006 school year. States that the indicators to determine adequate yearly progress (AYP) for children with disabilities shall be based on students' individualized education plans (IEPs). States that only schools that do not meet AYP for 2 consecutive annual calculations in the same subgroup and in the same subject or in their participation rate, attendance rate, or graduation rate will be placed on academic early warning status for the next school year. Not meeting AYP in the same subgroup and in the same subject or in their participation rate, attendance rate, or graduation rate for a third school year shall remain on academic early warning status. Schools not meeting AYP in the same subgroup and in the same subject or in their participation rate, attendance rate, or graduation rate for a fourth school year shall be placed on initial academic watch status. Schools not meeting AYP in the same subgroup and in the same subject or in their participation rate, attendance rate, or graduation rate for a fifth school year shall remain on initial academic watch status. Eliminates provision that schools on academic early warning or academic watch status that meet AYP for one annual calculation shall maintain their current statuses for the next school year. Replaces with provision that schools on academic early warning or academic watch status that meet AYP for one annual calculation shall be considered as having met expectations and shall be removed from any status designation. Specifies that such changes will take place only with the federal government's formal approval of such policy through the submission and review process for the Illinois Accountability Workbook. Effective immediately. http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=094-0666 Title: H.B. 3678 Source: www.ilga.gov DE Rule Adoption 08/2005 P-12 Amends regulations relating to educational programs for students with limited English proficiency to align with the federal statute No Child Left Behind. http://www.state.de.us/research/AdminCode/title14/900/920.shtml#TopOfPage Title: 14 DAC 920 Source: StateNet TX Adopted 06/2005 P-12 New rules regarding adequately yearly progress (AYP). Describes the procedures for determining AYP and adopts applicable excerpts, Sections II-IV of the 2004 Adequate Yearly Progress Guide, dated September 2004. TEXAS REG 97449 (SN) Title: 19 TAC 2.97.AA.97.1004 Source: StateNet CO Signed into law 06/2005 P-12 Standardizes the calculation of graduation rates and dropout rates that are required to be reported by school districts for accreditation. Standardizes and requires the reporting of continuing education rates and mobility rates by school districts for accreditation. Requires one accreditation indicator to be the percentage of students enrolled in an Advanced Placement, International Baccalaureate diploma program, or institution of higher education through a dual enrollment program. Requires districts to report achievement of accreditation indicators disaggregated for student year, race, low family income, students with disabilities, and English language learners. Requires districts and the state charter school institute to annually report the status of students who have not graduated in 4 years and remain enrolled in the district or an institute charter school. Permits the state board of education to audit accreditation data. http://www.leg.state.co.us/Clics2005a/csl.nsf/fsbillcont3/DFD64504612C4BC587256F5800587C38?Open&file=091_enr.pdf Title: S.B. 91 Source: www.leg.state.co.us CO Signed into law 06/2005 P-12 Requires the state board to identify volunteer districts, boards of cooperative services and a charter school to send representatives to form the "educational data advisory committee" to work with the department to review school data reporting requirements. Requires the committee, on its own or by written request of a district, board of cooperative services or the state charter school institute, to review these entities' reporting requirements to determine whether the costs of such requirements outweigh the benefits. Authorizes the committee to make recommendations to the state board on repealing or amending statutory and regulatory reporting requirements and requires the state board to forward all recommendations on alterations to statutory reporting requirements to the general assembly. Requires the committee to review each data reporting request not required by statute or rule and notify districts, boards of cooperative services and the state charter school institute whether compliance with the request is mandatory or voluntary. http://www.leg.state.co.us/Clics2005a/csl.nsf/fsbillcont3/DC1884F5438814D187256F6B0076EE38?Open&file=019_enr.pdf Title: S.B. 19 Source: www.leg.state.co.us CO Vetoed 06/2005 P-12 Repeals and reenacts the corrective action provisions for underperforming public schools. Requires the state board to annually notify each district and the state charter school institute as to which, if any, of its schools received a "low" or "unsatisfactory" rating in the state accountability system. Requires the department to adopt a school performance review process for schools rated "unsatisfactory." Requires the school performance review process to include creation of one or more school support teams to review each school rated "unsatisfactory" and make recommendations for an improvement plan with corrective actions. Permits the department, provided funds are available, to provide reviews and training for school support teams for schools rated "low." Allows each district and the institute to establish its own school performance review process, subject to department approval and to request comprehensive training for school support teams thereby established, which training the department must provide. Requires the department to provide comprehensive training to school support teams that must ensure each team member has a thorough knowledge of the department's standards and indicators for continuous school improvement and understands how to apply the standards and indicators in evaluating a school's performance. Beginning with the academic performance ratings for the 2004-2005 school year, requires a school receiving an "unsatisfactory" rating to undergo a review by a school support team and for the team to develop recommendations for an improvement plan with corrective actions. Mandates that the school begin implementing the improvement plan by the fall semester of the academic year following that in which the school received notice of inadequate performance. Establishes circumstances under which a school with an "unsatisfactory" rating is subject to restructuring or may cease to be subject to the school improvement action cycle. Beginning with the academic performance ratings for the 2004-2005 school year, requires a district or the state charter school institute containing a school receiving a "low" rating that meets other additional criteria to review the school's operations and develop an improvement plan with corrective actions for the school. Mandates that the school begin implementing the improvement plan by the fall semester of the academic year following that in which the school received notice of inadequate performance. Establishes circumstances under which a school with a school improvement plan thus created may cease to be subject to the school improvement plan. Establishes procedures for a school support team to conduct a performance review of a school and requires the team to prepare a comprehensive performance review report for the school. Requires a school that has received a performance review report to develop an improvement plan with corrective actions based on the findings and recommendations in the report. Requires the improvement plan to identify one or more from a list of specified corrective actions. Requires a school support team member to provide an implementation review for a school that has implemented an improvement plan for one full school year, and to prepare an implementation review report. Specifies content of report. Requires a school subject to restructuring to alter its governance structure. Sets forth procedures and options for such. Allows a district or the state charter school institute to voluntarily restructure a public school at any point in the school improvement action cycle at least 60 days before the determination that a school is required to restructure. Such a restructuring plan is not subject to the aforementioned altered governance structure provisions. States that if the state board determines that the school's restructuring plan is a major restructuring of the school's governance, the school will cease to be subject to the school improvement action cycle until such time as the school may again be subject to the school improvement action cycle by receiving an "unsatisfactory" or qualified "low" rating. Sets forth procedures for a local board to convert a school subject to restructuring to a charter school. Specifies that low-performing alternative education campuses are subject to the improvement plan and corrective action subsequent to a performance review report in the same manner as regular public schools. Modifies closing the achievement gap program; deletes language that the program is to provide extensive assistance to an eligible school at risk of being converted into a charter school. Replaces with language that the program must provide extensive assistance to an eligible school at risk of governance restructuring as set forth in statute 22-7-909 (above). Creates new paragraph allowing a charter to be revoked subsequent if it is determined that a charter school failed to show adequate improvement in its overall academic performance rating and is therefore subject to governance restructuring. http://www.leg.state.co.us/Clics2005a/csl.nsf/fsbillcont3/7FFA7A4A0AF5D39087256F4E0000C637?Open&file=1216_enr.pdf Title: H.B. 1216 Source: www.leg.state.co.us CO Signed into law 06/2005 P-12 Modifies definition of "sufficient academic growth" for purposes of diagnostic assessment. Makes related changes to governor's distinguished improvement awards. Repeals provision requiring the state board to contract with a nationally recognized, independent auditing firm to annually audit the process of preparing the accountability reports. Makes appropriation. http://www.leg.state.co.us/Clics2005a/csl.nsf/fsbillcont3/E3E46C5DD449721587256F8D0053612C?Open&file=1217_enr.pdf Title: H.B. 1217 Source: www.leg.state.co.us CO Vetoed 06/2005 P-12 Section 7: Encourages the state board to establish accreditation indicators based in part on the diagnostic academic growth calculation added by paragraph (d), section 22-7-604.3. Section 8: Creates new paragraph (d) in section 22-7-604.3. States that a diagnostic academic growth calculation showing each student's improvement from year to year might more accurately reflect a school's performance. Encourages the department to extend the use of the diagnostic academic growth calculation to the school level, and to use this method to evaluate schools for the state and federal accountability systems. http://www.leg.state.co.us/clics2005a/csl.nsf/fsbillcont3/489B14D223FBDD2087256F5D006BE665?open&file=214_enr.pdf Title: S.B. 214 (Section 7-8) Source: www.leg.state.co.us OK Signed into law 05/2005 P-12 Amends 70 O.S. 2001, Section 3-153, which relates to exemptions for reporting district plans to state board of education. Except for districts with one or more sites identified for school improvement pursuant to NCLB, a number of reporting requirements are reduced. Delays the deadline by one year for reaching reading goal and allows exclusion of up to 15% of students with individualized education programs (IEPs) and English language learners who are not yet proficient in English.Moves the baseline deterimination of third graders who are proficient in reading from May 1, 2002 to September 1, 2005. Requires the state board to recognize schools and districts making progress toward the reading goal and to provide technical assistance to those that are not making progress. Changes from phoneme to phonological awareness as a priority academic student skill (PASS) to be screened for with kindergarten students and requires additional emphasis on reading for those students who are at risk for reading difficulties. Similar provisions apply to first- through third-grade students. Requires the state board to approve no more than three screening instruments and to approve diagnostic and other reading assessments -- ensuring that any assessments align with PASS. Requires the state department to report annually to the governor and legislature on the three-year trend in reading achievement. http://www2.lsb.state.ok.us/2005-06SB/sb966_enr.rtf Title: S.B. 966 Source: http://www2.lsb.state.ok.us NV Signed into law 05/2005 P-12 Postsec. Community College AN ACT relating to education; renaming the University and Community College System of Nevada as the Nevada System of Higher Education; clarifying that the System includes state colleges; and providing other matters properly relating thereto. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 385.3469 is hereby amended to read as follows: 385.3469 1. The State Board shall prepare an annual report of accountability that includes, without limitation: (a) Information on the achievement of all pupils based upon the results of the examinations administered pursuant to NRS 389.015 and 389.550, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole. (b) Except as otherwise provided in subsection 2, pupil achievement, reported separately by gender and reported separately for the following subgroups of pupils: (1) Pupils who are economically disadvantaged, as defined by the State Board; (2) Pupils from major racial and ethnic groups, as defined by the State Board; (3) Pupils with disabilities; (4) Pupils who are limited English proficient; and (5) Pupils who are migratory children, as defined by the State Board. (c) A comparison of the achievement of pupils in each subgroup identified in paragraph (b) of subsection 1 of NRS 385.361 with the annual measurable objectives of the State Board. (d) The percentage of all pupils who were not tested, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole. (e) Except as otherwise provided in subsection 2, the percentage of pupils who were not tested, reported separately by gender and reported separately for the subgroups identified in paragraph (b). (f) The most recent 3-year trend in the achievement of pupils in each subject area tested and each grade level tested pursuant to NRS 389.015 and 389.550, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole, which may include information regarding the trend ; 2 ; in the achievement of pupils for more than 3 years, if such information is available. (g) Information on whether each school district has made adequate yearly progress, including, without limitation, the name of each school district, if any, designated as demonstrating need for improvement pursuant to NRS 385.377 and the number of consecutive years that the school district has carried that designation. (h) Information on whether each public school, including, without limitation, each charter school, has made adequate yearly progress, including, without limitation, the name of each public school, if any, designated as demonstrating need for improvement pursuant to NRS 385.3623 and the number of consecutive years that the school has carried that designation. (i) Information on the results of pupils who participated i Title: H.B. 527 Source: StateNet WA Rule Adoption 05/2005 P-12 Amends rules to require school districts and schools to set high school graduation rate improvement goals and to align these goals with requirements of the federal No Child Left Behind Act. WASHINGTON REG 24131 (SN) Title: WAC 3-20-390 Source: StateNet AR Signed into law 04/2005 P-12 Modifies procedures for conducting the school enrollment census. Requires school census to reflect students transferring into or out of the school from October 1 to September 30th of the following school year, rather than from October 1 to the end of the same school year. Clarifies that the number of students transferring out is to be determined only by the number of official transcripts requested by other schools. Makes other technical changes to school enrollment census procedures. http://www.arkleg.state.ar.us/ftproot/bills/2005/public/sb1044.pdf Title: S.B. 1044 (section 18) Source: www.arkleg.state.ar.us ND Signed into law 04/2005 P-12 Before the superintendent of public instruction may submit to the United States secretary of education any proposed changes in the state accountability plan required under the No Child Left Behind Act of 2001 [Pub. L. 107-110; 115 Stat. 1425; 20 U.S.C. 6301, et seq.], the superintendent shall present the proposed changes to the interim no child left behind committee. The committee shall review the proposed changes; accept testimony and documentary evidence regarding the impact of the proposed changes on the students, schools, school districts, and taxpayers of this state; and provide advice and recommendations regarding the proposed changes to the superintendent. http://www.legis.nd.gov/assembly/59-2005/bill-text/FAFS0400.pdf Title: H.B. 1434 Source: StateNet OK Emergency Rule Adoption 04/2005 P-12 Establishes rules concerning student assessment. Allows charter schools to appeal Adequate Yearly Progress decisions on their behalf based on statistical or other substantial reasons, directly to the Department of Education. OKLAHOMA REG 13748 (SN) Title: OAC 210:10-13-18 Source: StateNet WA Signed into law 04/2005 P-12 Disregards from federal accountability reporting those students receiving home-based instruction who participate in running start (dual/concurrent enrollment program). http://www.leg.wa.gov/pub/billinfo/2005-06/Pdf/Bills/Senate%20Passed%20Legislature/5289-S.PL.pdf Title: S.B. 5289 Source: http://www.leg.wa.gov LA Adopted 03/2005 P-12 Modifies provisions related to district subgroup component adequate yearly progress (AYP) indicators, district performance labels and district corrective actions. Each district shall be evaluated on the subgroup component at three different levels (grade-clusters); elementary (K-5), middle (6-8), and high school (9-12). A district shall pass the subgroup component provided that each subgroup of students within each grade-cluster meets the passes the subgroup component, and each grade-cluster the district, as a whole, meets the criteria for status or improvement on the additional academic indicator. See pages 14-17 of 109: http://www.doa.state.la.us/osr/reg/0503/0503Rul.pdf Title: LAC 28:LXXXIII:4310 through 4313 Source: www.doa.state.la.us KY Signed into law 03/2005 P-12 Directs the department of education to conduct a comprehensive analysis of the professional development, training and resources needed in each school to help each child achieve reading and literacy proficiency by 2014. Requires the department of education to submit its findings and recommendations to the Interim Joint Committee on Education no later than November 1, 2005. http://lrc.ky.gov/RECORD/05RS/SJ92.htm Title: S.J.R. 92 Source: lrc.ky.gov OH Signed into law 02/2005 P-12 Specifies that adequate yearly progress for school districts and buildings must be calculated in accordance with the No Child Left Behind Act (NCLB). Requires the state department to submit to each member of the Senate and House Education Committees:  (1) a written description of changes in federal NCLB rules and policies each time such changes are made and (2) if the Department proposes to change Ohio's NCLB policies and procedures, a written outline of existing Ohio policy and description of the changes the Department proposes to make. Beginning July 1, 2005, prohibits the Ohio Department of Education from making changes in Ohio's NCLB policies and procedures based on changes in federal policies or rules unless the General Assembly adopts a concurrent resolution approving those changes. Under former Ohio law, school districts were subject to sanctions when they failed to make AYP for two or more consecutive school years.  On August 5, 2004, however, the U.S. Department of Education approved a change requested by the Ohio Department of Education regarding how Ohio applies sanctions to school districts for poor academic performance.  Specifically, the approved policy recognizes three grade spans (grades 3-5, 6-8, and 10-12) for which AYP must be determined at the district level.  A district fails to make AYP when it misses AYP in reading or math for any grade span.  However, if the district misses AYP in the same subject area for all three grade spans for two consecutive school years, the district must be "identified for improvement" by the Ohio Department of Education.  Identification for improvement, rather than missing AYP, triggers the imposition of sanctions on the district. To conform with this approved policy change, the act subjects a school district to sanctions based on the number of years the district has been identified for improvement instead of the number of years it has failed to make AYP.  It also requires the sanctions to start the first year after the district has been identified for improvement. Therefore, under the act, sanctions are directed at the districts with the most serious academic problems.  The act does not change the nature of the sanctions. http://www.lsc.state.oh.us/analyses125/04-hb493-revised-125.pdf http://lsc.state.oh.us/analyses/analysis125.nsf/6407a071d8587c3c85256da200703bb6/ Title: H.B. 493 Source: http://lsc.state.oh.us GA Adopted 12/2004 P-12 Clarifies rules regarding the following: single statewide accountability system; accountability system definitions; accountability profiles; and accountability system awards and consequences. Single statewide accountability system: http://www.doe.k12.ga.us/_documents/doe/legalservices/160-7-1-.01.pdf Definitions: http://www.doe.k12.ga.us/_documents/doe/legalservices/160-7-1-.02.pdf School profiles: http://www.doe.k12.ga.us/_documents/doe/legalservices/160-7-1-.03.pdf Awards and consequences: http://www.doe.k12.ga.us/_documents/doe/legalservices/160-7-1-.04.pdf Title: GAC 160-7-1-.01 thru .04 Source: StateNet MS Rule Adoption 10/2004 P-12 Amends rules concerning the Guidelines for Testing Special Populations. Reflects changes specific to flexibility in the use of assessment results within the No Child Left Behind Adequate Yearly Progress (AYP) model. MISSISSIPPI REG 9407 (SN) Title: IIB-3 Source: StateNet CA Signed into law 09/2004 P-12 Requires the comparable improvement in academic achievement to be measured by the Academic Performance Index for all numerically significant pupil subgroups within a school, including ethnic subgroups, socioeconomically disadvantaged pupils, English language learners and pupils with disabilities. Defines a numerically significant pupil subgroup by requiring the test scores of the pupils in the subgroup to be valid test scores and by requiring the subgroup to meet certain other criteria to ensure that the subgroup is numerically significant as compared to the total pupil population. http://www.leginfo.ca.gov/pub/bill/sen/sb_0701-0750/sb_722_bill_20040930_chaptered.pdf Title: S.B. 722 Source: California Legislative Web site CA Signed into law 09/2004 P-12 Requires a master contracts with nonpublic, nonsectarian schools for the provision of special education and related services to include that, with respect to a nonpublic, nonsectarian school that is associated with a licensed children's institution, there be a method of evaluating whether the school meets specified guidelines, and with respect to a nonpublic, nonsectarian school, the school be subject to the alternative accountability system of the Public School Performance Accountability Program in the same manner as public schools during the school's testing period, and each pupil placed in the school be tested in accordance with that accountability program, and the school prepare a school accountability report card. Requires the test results to be reported by the nonpublic, nonsectarian school to the State Department of Education. Authorizes the Superintendent of Public Instruction to certify a nonpublic, nonsectarian school or agency for a period of not longer than 18 months. Requires a nonpublic, nonsectarian school or agency to make notification of its intent to seek certification. Requires that only those nonpublic, nonsectarian schools and agencies that provide special education that utilize staff who hold a certificate, permit, or other document equivalent to that which staff in a public school would be required to hold may be certified. Requires a nonpublic, nonsectarian school that provides special education and related services to an individual with exceptional needs to certify in writing to the Superintendent of Public Instruction that the school satisfies various requirements relating to, among others, access to standards-based curriculum and instructional materials, access to specific instruction and assistance, and a discipline policy. http://www.leginfo.ca.gov/pub/bill/asm/ab_1851-1900/ab_1858_bill_20040930_chaptered.pdf Signing message: http://www.governor.ca.gov/govsite/pdf/press_release/AB_1858_sign.pdf Title: A.B. 1858 (multiple provisions) Source: www.leginfo.ca.gov CA Signed into law 09/2004 P-12 Requires the county superintendent, for purposes of enforcing the use of required textbooks and instructional materials, to specifically review at least annually schools that are ranked in any of deciles 1 to 3, inclusive, of the 2003 base Academic Performance Index and that are not currently under review through a state or federal intervention program. If the county superintendent determines that a school does not have sufficient textbooks or instructional materials, the bill would require the county superintendent to prepare a report that identifies and documents the areas or instances of noncompliance, provide a copy of the report to the school district, forward the report to the Superintendent of Public Instruction, and provide the school district with the opportunity to remedy the deficiency. If the deficiency is not remedied, the county superintendent is required to request the State Department of Education, with approval by the State Board of Education, to purchase textbooks or instructional materials for the school. Requires that the funds necessary for the purchase be considered a loan to the school district to be repaid based upon an agreed-upon schedule with the Superintendent of Public Instruction, or by deducting an amount from the district's next principal apportionment or other apportionment of state funds. Authorizes the department to expend up to $5,000,000 from the State Instructional Materials Fund to acquire instructional materials for school districts for purposes of these provisions. http://www.leginfo.ca.gov/pub/bill/sen/sb_0501-0550/sb_550_bill_20040929_chaptered.pdf Title: S.B. 550 (multiple provisions) Source: California Legislative Web site CA Signed into law 09/2004 P-12 Requires that, commencing with the 2004–05 fiscal year, for a district with a school initially applying to participate in the High Priority Schools Grant Program on or after July 2004, the report include whether at least 80% of the teachers assigned to the school are credentialed and the number of classes in which 20% or more pupils are English learners and assigned to teachers who do not possess a certificate authorizing the holder to teach English language development to English learners or have completed training that would authorize them to teach English language development to English learners or are otherwise authorized by law to do so. http://www.leginfo.ca.gov/pub/bill/asm/ab_3001-3050/ab_3001_bill_20040929_chaptered.pdf Title: A.B. 3001 (multiple provisions) Source: www.leginfo.ca.gov CA Vetoed 09/2004 P-12 Postsec. Community College Places a prohibition from carrying on a program of specific preparation of the pupils for the statewide pupil assessment program or a particular test used in the statewide pupil assessment program on a charter school. Authorizes the use of instructional materials provided by the state department of education in the academic preparation of pupils for the statewide pupil assessment if those instructional materials are embedded in an instructional program that is intended to improve pupil learning. Requires the standard-based achievement test to be administered to pupils in grades 3 and 7. Requires the state department of education to use specified federal funds to develop or adopt primary language assessments that are aligned to the state academic content standards and would require those assessments to be administered in place of the optional second achievement test a pupil with limited English proficiency may take. Requires the department on or before January 1, 2006, to submit to the legislature a report on the development and implementation of the initial primary language assessments and recommendations on the development and implementation of future assessments and funding requirements. Authorizes and encourages the state superintendent and state board to assist postsecondary educational institutions to use the assessment results of the California Standards Tests for credit or placement and admissions processes, or both. http://www.leginfo.ca.gov/pub/bill/asm/ab_2401-2450/ab_2413_bill_20040826_enrolled.html Veto message: http://www.governor.ca.gov/govsite/pdf/vetoes/AB_2413_veto.pdf Title: A.B. 2413 Source: California Legislative Web site CA Signed into law 09/2004 P-12 Authorizes specified school districts to operate one or more schools in their districts on a 4-day school week, so long as the school district complies with specified requirements. Revokes the authority of a school added by the bill to operate a 4-day school week if a school fails to meet its growth target on the Academic Performance Index. http://www.leginfo.ca.gov/pub/bill/sen/sb_1101-1150/sb_1138_bill_20040910_chaptered.html Title: S.B. 1138 Source: California Legislative Web site NM Rule Adoption 08/2004 P-12 Amends issuing agency and statutory references; requires that disciplinary records be included in the records of transferring students; requires elective courses meet PED standards; requires that accountability data system numbers be included in transcripts. NEW MEXICO REG 4162 (SN) Title: NMAC 6.30.2.1, .3, .10 Source: StateNet NM Rule Adoption 08/2004 P-12 Amends to reflect the Public Education Department as the issuing agency, current statutory authority, adds and clarifies definitions, and amends indicators and measurement and school ratings sections. Defines adequate yearly progress (AYP) and requires AYP to be based primarily on academic assessments. AYP is to be based on the criterion-referenced test in grades 3-9 and 11. Clarifies that annual measurable objectives and intermediate objectives will be the same such that each school, grade, subject area, group and subgroup will have the same required percent proficient from year to year as determined by the starting point based on baseline percentages of proficient. Defines "disaggregate" as including five subgroups (ethnic, economically disadvantaged, students with disabilities and English language learners). Defines graduation rate as the percentage of the students who graduated from a high school divided by the number of students who were enrolled in the schools 40th day of the same year. This calculation will be used until four-year cohort data can be collected, with 9th grade students from 2003-2004 as the first cohorts. Statewide Indicators are student achievement, attendance, dropout rate for middle and high schools, school safety, parent and community involvement, and high school graduation rate. Groups are considered for accountability purposes when 10 or more students for the norm referenced test and 25 for the criterion referenced test. Stduents will be tested using the criterion referenced tests in Spanish or English or other assessments, when appropriate, as defined by federal guidelines. NEW MEXICO REG 4161 (SN) http://www.nmcpr.state.nm.us/nmac/parts/title06/06.019.0001.htm Title: NMAC 6.19.1, .3, .7, .8, .9 Source: http://www.nmcpr.state.nm.us ID Temporary Rule Adoption - Concurrently Proposed 08/2004 P-12 Proposes rules regarding awards, distinguished schools, and Additional Yearly Growth (AYG) Award. http://www2.state.id.us/adm/adminrules/rules/idapa08/0203.pdf Title: IDAPA 08.02.03 Source: StateNet IL Signed into law 08/2004 P-12 Requires the State Board of Education to implement and administer a student achievement improvement grant program to provide 2- year grants to school districts on the academic watch list and other school districts that have the lowest achieving students. Requires a school district to establish an accountability program in order to receive a grant. Requires a grant to be automatically renewed when achievement goals are met. http://www.legis.state.il.us/legislation/publicacts/fulltext.asp?Name=093-0890 Title: S.B. 2360 Source: Illinois Legislative Web site IL Signed into law 07/2004 P-12 Amends the School Code. Allows a school or school district to deny enrollment to a student 16 years of age or older for one semester for failure to meet minimum academic or attendance standards if certain conditions are met. Requires a district to identify, track, and report on the educational progress and outcomes of reenrolled students (defined as dropouts who have reenrolled full-time) as a subset of the district's required reporting on all enrollments. Provides that a reenrolled student who again drops out must not be counted again against a district's dropout rate performance measure. Requires the State Board of Education to set performance standards for programs serving reenrolled students. http://www.legis.state.il.us/legislation/publicacts/fulltext.asp?Name=093-0803 Title: S.B. 2115 Source: Illinois Legislative Web site CO Emergency Rule Adoption 07/2004 P-12 Clarifies rules regarding the administration of accountability for alternative campuses and processes for being designated an alternative campus. http://www.cde.state.co.us/cdeboard/brdbook/2004/JULY%202004/VIII-A-1as.pdf Title: 1 CCR 301-57 Source: Colorado State Web site GA Adopted 07/2004 P-12 Clarifies rules to define school and special entity so as to ensure an accurate reporting to ensure an accurate reporting of FTEs and Annual Yearly Progress (AYP) determinations for all schools and school systems throughout the state. http://www.doe.k12.ga.us/_documents/doe/legalservices/160-4-5-.03.pdf Title: GAC 160-5-1-.03 Source: Georgia State Web site GA Adopted 07/2004 P-12 Clarifies rules regarding statewide accountability, applicable definitions, school profiles, and awards and consequences; creates a single statewide accountability system consistent with state and federal law; provides valid, reliable accountability determinations at school, local education agency and state levels with the purpose of promoting continuous improvement in student achievement levels; provides annual profiles for every school and local education agency. http://www.doe.k12.ga.us/_documents/doe/legalservices/160-7-1-.01.pdf; http://www.doe.k12.ga.us/_documents/doe/legalservices/160-7-1-.02.pdf; http://www.doe.k12.ga.us/_documents/doe/legalservices/160-7-1-.03.pdf; http://www.doe.k12.ga.us/_documents/doe/legalservices/160-7-1-.04.pdf Title: GAC 160-7-1-.01 thru -.04 Source: Georgia State Web site GA Adopted 07/2004 P-12 Clarifies rules to comply with new legislation to provide that a school may reduce the required five hours of academic time to four and one-half hours if the school has met Adequate Yearly Progress. http://www.doe.k12.ga.us/_documents/doe/legalservices/160-4-2-.05.pdf Title: GAC 160-4-2-.05 Source: Georgia State Web site ID Temporary Rule Adoption - Concurrently Proposed 06/2004 P-12 Clarifies rules between school and district/LEA sanctions for failing to meet Adequate Yearly Progress (AYP) under the federal 'No Child Left Behind' Act. Renames School Improvement to distinguish between the plans required for all Idaho schools and that are required for failing to meet AYP. Alternate Governance was renamed "Restructuring". Clarifies the difference under the federal law for the two phases of restructuring: creating a plan for alternative governance and the actual restructuring of a school. This rulemaking clarifies that difference. Create a separate District/Local Education Agency (LEA) section to more clearly outline the sanctions that apply only to districts/LEAs and outline the previous sanctions that continue to be applicable with increasing sanctions and years missing AYP. http://www2.state.id.us/adm/adminrules/rules/idapa08/0203.pdf Title: IDAPA 08.02.03 §114 Source: Idaho State Web site AK Signed into law 06/2004 P-12 Exempts certain teachers at schools that are designated as failing to make adequate yearly progress from jury service during school terms. http://www.legis.state.ak.us/basis/get_bill_text.asp?hsid=HB0353Z&session=23 Title: H.B. 353 Source: Alaska Legislative Web site AR Rule Adoption 06/2004 P-12 Establishes rules regarding the guidelines, procedures and enforcement of the Arkansas Opportunity Public School Choice Act of 2004. http://arkedu.state.ar.us/pdf/ade%20173%20opportunity%20school%20choice.pdf Title: ADE 173 Source: Arkansas State Web site FL Signed into law 06/2004 P-12 Requires the Auditor General to conduct audits of accounts and records of the Florida School for the Deaf and Blind; provides that the school is a component of delivery of public education within Florida's K-20 education system; expands provisions regarding university master plans and campus development agreements to be applicable to said school; provides requirements for campus planning and concurrency management for the school. http://www.flsenate.gov/cgi-bin/view_page.pl?Tab=session&Submenu=1&FT=D&File=sb2918er.html&Directory=session/2004/Senate/bills/billtext/html/ Title: S.B. 2918 Source: Florida Legislative Web site TN Signed into law 06/2004 P-12 Deletes several sections of 49-1-601 and and substitutes new language. Relates to educational performance goals and measures;changes from dropout rates to graduation rates; provides for testing; requires all public schools and local education agencies to make adequate yearly progress in achieving proficiency for all student subgroups in core academic subjects; each school and local education agency is expected to make statistically significant progress toward that goal. The rate of progress within each grade and academic course, necessary to maintain compliance with this part, will be established after two (2) years of consecutive testing with tests adopted for each grade and subject; provides that tests must have fresh, nonredundant items that did not appear on that test in previous years. http://www.legislature.state.tn.us/bills/currentga/Chapter/PC0928.pdf Title: H.B. 3511 Source: http://www.legislature.state.tn.us MS Rule Adoption 05/2004 P-12 Amends the consolidated state application accountability workbook. Includes first year limited proficient English proficient (LEP) students in the determination of adequate yearly progress (AYP) for schools and districts at the choice of a district on a case-by-case basis. Allows students that meet the state's definition of significantly congnitively disabled to be counted as proficient towards AYP goals. MISSISSIPPI REG 9116 (SN) Title: (uncodified) Source: StateNet MS Rule Adoption 05/2004 P-12 Revises public school accountability standards, 2003. MISSISSIPPI REG 9117 (SN) Title: (Uncodified) Source: StateNet DE Rule Adoption 05/2004 P-12 Amends regulation to reflect the changes made to Delaware's plan under the federal No Child Left Behind Act of 2001. Changes include: definitions and the addition of State Progress Determinations. DELAWARE REG 1502 (SN) http://legis.state.de.us/LIS/Register.NSF/vwRegisters/712/$file/June2004.pdf?openelement Title: 14 DAC 103 Source: Delaware State Web site MO To governor 05/2004 P-12 Provides a student shall not be considered a drop- out or included in a school district's educational persistence ratio for accreditation purposes for being expelled for bringing a weapon to school, violent behavior or an act of violence; provides assistance to school districts as needed in adopting service-learning programs and projects; relates to investigation of alleged child abuse at a school or child care facility. http://www.house.state.mo.us/bills041/bills/sb945.htm Title: S.B. 945 Source: StateNet NJ Signed into law 05/2004 P-12 Establishes the Task Force to Study Attendance in Public Schools to study current practices within school districts in the state regarding student attendance, including, but not limited to absences, tardiness, procedures for addressing students with patterns of unauthorized absences or excessive tardiness, and to investigate what other states are doing with respect to student attendance. Introduced - 5 pages PDF Format    HTML Format Statement - AED 1/26/04 - 1 pages PDF Format    HTML Format Technical Review Of Prefiled Bill - 5 pages PDF Format    HTML Format Statement - SED 3/29/04 - 1 pages PDF Format    HTML Format Advance Law - 3 pages PDF Format    HTML Format Title: A.J.R. 68 Source: StateNet VT Signed into law 05/2004 P-12 Authorizes the state commissioner to measure whether supervisory unions are meeting state standards, for the purposes of determining pupil performance and application of consequences for failure to meet standards and for provision of compensatory and remedial services; imposes consequences on those which do not meet the standards for the next 2 years; requires that a homeless student be educated in the district of origin for another 2 years. (The two-year review process, however, remains in place -- rather than annual review.) http://www.leg.state.vt.us/docs/legdoc.cfm?URL=/docs/2004/acts/ACT114.HTM Title: S.B. 308 Source: http://www.leg.state.vt.us TN Signed into law 05/2004 P-12 Povides for notification to parents of student subgroups not making adequate yearly progress of option to transfer their children to another school in that system. http://www.state.tn.us/sos/acts/103/pub/pc0680.pdf Title: S.B. 2207 Source: http://www.legislature.state.tn.us KY Signed into law 04/2004 P-12 Requires a scholastic audit team, when auditing a school that for two successive accountability cycles has failed to meet its goal, to include actions to improve the functioning of the school council and make recommendations concerning the council in the improvement plan; requires the audit team to recommend to the commissioner of education if the authority of the school council should be transferred. http://www.lrc.state.ky.us/RECORD/04RS/SB111/bill.doc Title: S.B. 111 Source: StateNet CO Signed into law 04/2004 P-12 The performance of alternative schools that qualify is to be measured under a different set of accountability indicators. Schools that serve a population that is more than 95% "at risk" as defined by the law must demonstrate baseline levels of and measurable annual benchmards on at least one measure of academic performance. These measures must be based upon progres of individual students or groups of students and include one or more other indicators; must measure nonacademic or behavioral improvement appropriate for the particular schools, including average daily attendance, student post-matriculation rates of enrollment, enlistment or employment, rates of stability or retention, reduced rates of suspension or other discipline, or attendance rates. http://www.leg.state.co.us/clics2004a/csl.nsf/fsbillcont2/ Title: S.B. 83 Source: LA Adopted 04/2004 P-12 Adopts rules relating to the implementation of fundamental changes in the classroom by helping schools and communities focus on student achievement. Clarifies method for calculating a School Performance Score for elementary, middle and high schools. Establishes timelines for schools in School Improvement to submit improvement plans, expands the details of the Supplemental Educational Services process, specifies how LEAP Alternative Assessment students are included in NRT calculations, and creates required definitions for English language proficiency. http://www.doa.state.la.us/osr/reg/0404/0404RUL.pdf (see pages 22-27 of 71) Title: LAC 28:LXXXIII.303, 311, 1701, 2701, 2702, 2703, 2713, 2715, 2717, 2719, 2721, 3905, 4001, 4003, 4005 Source: http://www.doa.state.la.us/osr VA Signed into law 04/2004 P-12 Requires the state board, in consultation with the chairpersons of the eight regional superintendents' study groups, to provide for timely review of the Standards of Learning test scores by school divisions for coding and other errors and prompt reporting to the local school divisions by the Department of Education of the test scores that will be used to determine each school's status pursuant to the provisions of the federal No Child Left Behind Act of 2001 (P.L. 107-110). http://leg1.state.va.us/cgi-bin/legp504.exe?041+ful+CHAP0404 Title: S.B. 416 Source: http://leg1.state.va.us KY Signed into law 04/2004 P-12 Amends KRS 158.145 to require that all students who drop out of school be counted in the annual state dropout index. Amends KRS 158.6455 to specify that a student must be included in a school's annual average dropout rate if the student was enrolled in the school for at least 30 days during the school year prior to the day he or she was recorded as dropping out. Requires that a student not be counted in the school's annual average dropout rate if the student is enrolled and making satisfactory progress in a General Educational Development (GED) diploma program or if the student has dropped out of school and is awarded a GED diploma by a certain date. Specifies that no state or federal adult education and literacy funds may be used to pay for a high school student enrolled in a GED program. http://www.lrc.state.ky.us/RECORD/04RS/HB178/bill.doc Title: H.B. 178 Source: www.lrc.state.ky.us KY Signed into law 04/2004 P-12 Amends KRS 158.6455 to require that a student be enrolled in a specific school for at least 100 days prior to the beginning of the statewide testing period being counted in the school's accountability index. A student's test scores must be counted in the accountability index of the school in which the student was previously enrolled if the student was enrolled in that school for at least 100 days of the school year prior to the beginning of the statewide testing period. A student's test scores must be counted in the accountability index of the district if the student is enrolled in the district at least 100 days of the school year prior to the beginning of the statewide testing period. Requires that a student who is not enrolled for 100 days be counted in the state accountability index. http://www.lrc.state.ky.us/RECORD/04RS/HB176/bill.doc Title: H.B. 176 Source: www.lrc.state.ky.us WV Signed into law 03/2004 P-12 On-site review processes are to be conducted only at the specific direction of the state board upon its determination that the performance and progress of the school or school system are persistently below standard or other circumstances exist that warrant an on-site review (and have been below standard for three consecutive years). Includes early detection and intervention programs. Amends duties of the office of education performance audits. Provides that prior to declaring the position of principal vacant, the state board must make a determination that all other resources needed to correct the impairment are present at the school. http://129.71.164.29/Bill_Text_HTML/2004_SESSIONS/RS/House/H_BILLS/hb4001%20enr.htm Title: H.B. 4001 Source: West Virginia Legislative Web Site OH Signed into law 03/2004 P-12 · Creates an Educator Standards Board to develop and submit to the State Board of Education recommendations for statewide educator standards and carry out other functions recommended by the Governor's Commission on Teaching Success. · Directs the Department of Education to establish a state office within the Department to support the Educator Standards Board. · Requires school districts to use professional development standards developed by the Educator Standards Board. · Directs the State Board of Education and the Joint Council of the State Board of Education and the Ohio Board of Regents to create guidelines for the evaluation of principals and teachers. · Eliminates the authority of the State Board of Education to issue internship certificates. · Eliminates the authority of the State Board of Education to issue temporary educator licenses for employment as a superintendent or another administrative position. · Requires the State Board of Education to create an alternative principal license and an alternative administrator license. · Restricts the required delayed effective date for any educator licensing rule adopted, amended, or rescinded by the State Board of Education only to cases where the proposed rule, amendment, or rescission will necessitate curriculum changes in college and university teacher preparation programs. · Clarifies that an Alternative Educator License must be issued to a qualified applicant upon the request of specified school officials. · Prescribes the timing of subject area testing for applicants for the Provisional Educator License who are employed as intervention specialists under the Alternative Educator License. · Provides a qualified immunity for teacher performance assessors, trainers, and coordinators and for teacher performance assessment entities in civil actions concerning performance assessments of candidates for the Professional Educator License. · Expands the rulemaking authority of the State Board of Education with respect to allowing schools to hire teachers considered to be rehabilitated from past offenses. · Authorizes the State Board or the Superintendent of Public Instruction to issue subpoenas, take depositions, and compel production of evidence in pre-hearing investigations of educator license applicants or holders. · Requires the State Board to adopt rules establishing standards and requirements for issuing permits to individuals who are not licensed educators but who wish to be employed by school districts to direct, supervise, or coach pupil activity programs. · Establishes a Credential Review Board, appointed by the State Board of Education, to perform duties with respect to assessing alternative pathway educators and out-of-state educators. · Requires the Ohio School Facilities Commission, when reviewing design plans, to consider whether the plans reflect designs recommended by the Governor's Commission on Teaching Success. · Obligates the Board of Regents to develop regional articulation agreements for teacher education programs among state institutions of higher education by December 31, 2004. · Directs the Legislative Office of Education Oversight (LOEO) to study minimum teacher salaries in Ohio and selected other states and report findings by September 30, 2004. · Requires the Department of Education to develop proposals for several pilot programs recommended by the Governor's Commission on Teaching Success. · Charges the Department of Education with defining a "hard to staff" school within 90 days of the bill's effective date. · Implements other recommendations of the Governor's Commission on Teaching Success. · Establishes a grant program for school districts that choose to implement specific changes within a school. · Requires the Department of Education, when sufficient funding is available, to develop a pilot project in at least two school districts that contain "hard to staff" schools. · Clarifies the due dates and methodology of several studies conducted by LOEO. · Repeals the requirement that LOEO issue an annual composite report on community schools. · Repeals the requirement that the Ohio SchoolNet Commission maintain a clearinghouse of information for classroom teachers. · Generally limits school districts to spending a combined total of an amount equal to 20% of their Title I funds to pay for transportation for students transferring under public school choice and for supplemental educational services. · Requires school districts with a three-year average graduation rate of 75% or less (in addition to academic watch and academic emergency districts as under current law) to administer practice versions of the Ohio Graduation Tests (OGT) to ninth grade students. · Clarifies other requirements related to the administration of practice versions of the OGT. · Requires the eighth grade social studies achievement test to be phased in beginning in the 2006-2007 school year (one year earlier than under current law). · Extends the deadline for the summer administration of the third grade reading achievement test. · Extends the deadline for adoption of diagnostic assessments by the State Board of Education to July 1, 2008. · Requires school districts to administer diagnostic assessments to intradistrict transfer students only if such students have not taken the assessments at another district school in the current school year. · Makes technical corrections to the recently enacted law denying state financial aid to college students convicted of riot-related offenses. Link to analysis: http://lsc.state.oh.us/analyses/analysis125.nsf/c68a7e88e02f43a985256dad004e48aa/28756df2eb75b85985256dc70047070f?OpenDocument Title: S.B. 2 Source: http://lsc.state.oh.us TX Rule Adoption 12/2003 P-12 Repeals old rules and establishes rules relating to public school accountability. Each school district must be assigned an accountability rating by the Texas Education Agency (TEA). The accountability rating of a school district is based primarily on its overall performance by all student populations, on the district's current special education compliance status with the TEA, and on the performance of each of its campuses as demonstrated on state-adopted academic excellence indicators. The academic excellence indicators stipulated in law and the district's current special education compliance with the Texas Education Agency (TEA) are to be the main consideration of the TEA in the annual rating of districts and campuses. Requires the commissioner of education will take any necessary action to comply with all requirements of the No Child Left Behind Act and other federal statutes and regulations. The commissioner of education may impose sanctions as authorized under the No Child Left Behind Act and other federal statutes and regulations in addition to those imposed under Texas Education Code, Chapter 39, Subchapter G. TEXAS REG 89925 (SN) Title: 19 TAC 2.97.A.97.1 thru 97.4 Source: StateNet AR Rule Adoption 11/2003 P-12 Establishes rules governing the Arkansas Comprehensive Testing, Assessment and Accountability Program and the Academic Distress Program (ACTAAP). http://arkedu.state.ar.us/pdf/ade%20162%20actaap.pdf Title: ADE 162 Source: Arkansas State Web site IL Amendatory veto by Governor - Bill Dead 11/2003 P-12 Amends the School Code. Requires the State Board of Education to implement and administer a student achievement improvement grant program to provide 2- year grants to school districts on the academic watch list and other school districts that have the lowest achieving students. Requires a school district to establish an accountability program in order to receive a grant. Requires a grant to be automatically renewed when achievement goals are met. http://www.legis.state.il.us/legislation/fulltext.asp?DocName=&SessionId=3&GA=93&DocTypeId=SB&DocNum=207 Title: S.B. 207 Source: Illinois Legislative Web site OH Signed into law 08/2003 P-12 Creates the Ohio Accountability Task Force to study the state's accountability system (to make recommendations, periodically review fees for data analysis and reporting, periodically report to the department and state board, to examine the implementation of the value-added progress dimension and the reporting of performance data. Defines "graduation rate" as the ratio of students receiving a diploma to the number of students who entered ninth grade four years earlier. Students who transfer into the district are added to that calculation. Students who transfer out of the district for reasons other than dropout are subtracted from the calculation. Directs the Legislative Office of Education Oversight to conduct a study of each of the following: the academic achievement gap, (2) the provision of intervention services, (3) the Ohio Graduation Test performance of the Class of 2007, and (4) the progress of meeting the federal requirement of having only "highly qualified" teachers in core subject areas. Eliminates the requirement that certain state board rules be approved by the General Assembly prior to taking effect. Title: H.B. 3--Section 3302.01 Source: www.legislature.state.oh.us OH Signed into law 08/2003 P-12 This section defines "performance index score;" defines subgroups as major racial and ethic groups, students with disabilities, economically disadvantaged, and limited English proficient students. Defines "other academic indicators" as attendance rate for elementary and middle schools and the graduation rate for high schools. Defines "Annual measurable objective"and requires 95% of the student population and each subgroup to be tested, except for any subgroup that contains less than 40 students. In calculating AYP, subgroups of 30 or more are counted, except students with disabilities is not used in the calculation unless it contains 45 or more students. Title: H.B. 3--3302.01 Source: www.legislature.state.oh.us MI Signed into law 08/2003 P-12 Sec. 19. (1) A district shall comply with any requirements of sections 1204a, 1277, 1278, and 1280 of the revised school code, MCL 380.1204a, 380.1277, 380.1278, and 380.1280, commonly referred to as "public act 25 of 1990" that are not also required by the no child left behind act of 2001, Public Law 107-110, 115 Stat. 1425, as determined by the department. (2) Each district and intermediate district shall provide to the department, in a form and manner prescribed by the department, information necessary for the development of an annual progress report on the required implementation of sections 1204a, 1277, 1278, and 1280 of the revised school code, MCL 380.1204a, 380.1277, 380.1278, and 380.1280, commonly referred to as "public act 25 of 1990". [1204a: Annual education report for district, prerequisite for accreditation; enrollment of high school students in postsecondary courses 1277: School improvement plan; criteria for evaluation; intermediate school district plan; review and report 1278: Core academic curriculum content standards; recommended model; curriculum for special education students; special assistance in reading; nonessential elective courses 1280: Accreditation of public schools; full building-level evaluation standards; summary accreditation standards; interim status; review of school performances; technical assistance; failure to meet standards; report to legislature] (3) A district or intermediate district shall comply with all applicable reporting requirements specified in state and federal law. Data provided to the center, in a form and manner prescribed by the center, shall be aggregated and disaggregated as required by state and federal law. (4) Each district shall furnish to the center not later than 7 weeks after the pupil membership count day, in a manner prescribed by the center, the information necessary for the preparation of the district and high school graduation report. The center shall calculate an annual graduation and pupil dropout rate for each high school, each district, and this state, in compliance with nationally recognized standards for these calculations. The center shall report all graduation and dropout rates to the senate and house education committees and appropriations committees, the state budget director, and the department not later than June 1 of each year. (5) A district shall furnish to the center, in a manner prescribed by the center, information related to educational personnel as necessary for reporting required by state and federal law. (6) If a district or intermediate district fails to meet the requirements of subsection (2), (3), (4), or (5), the department shall withhold 5% of the total funds for which the district or intermediate district qualifies under this act until the district or intermediate district complies with all of those subsections. If the district or intermediate district does not comply with all of those subsections by the end of the fiscal year, the department shall place the amount withheld in an escrow account until the district or intermediate district complies with all of those subsections. (7) If a school in a district is not accredited under section 1280 of the revised school code, MCL 380.1280, or is not making satisfactory progress toward meeting the standards for that accreditation, the department shall withhold 5% of the total funds for which the district qualifies under this act that are attributable to pupils attending that school. The department shall place the amount withheld from a district under this subsection in an escrow account and shall not release the funds to the district until the district submits to the department a plan for achieving accreditation for each of the district's schools that are not accredited under section 1280 of the revised school code, MCL 380.1280, or are not making satisfactory progress toward meeting the standards for that accreditation. (8) Before publishing a list of schools or districts determined to have failed to make adequate yearly progress as required by the federal no child left behind act of 2001, Public Law 107-110, 115 Stat. 1425, the department shall allow a school or district to appeal that determination. The department shall consider and act upon the appeal within 30 days after it is submitted and shall not publish the list until after all appeals have been considered and decided. http://www.michiganlegislature.org/documents/2003-2004/billenrolled/house/pdf/2003-HNB-4401.pdf Title: H.B. 4401 (multiple provisions) Source: www.michiganlegislature.org MI Signed into law 08/2003 P-12 Sec. 94a. (1) There is created within the office of the state budget director in the department of management and budget the center for educational performance and information. The department of management and budget shall provide administrative support to the center. The center shall do all of the following: (a) Coordinate the collection of all data required by state and federal law from all entities receiving funds under this act. (b) Collect data in the most efficient manner possible in order to reduce the administrative burden on reporting entities. (c) Establish procedures to ensure the validity and reliability of the data and the collection process. (d) Develop state and model local data collection policies, including, but not limited to, policies that ensure the privacy of individual student data. State privacy policies shall ensure that student social security numbers are not released to the public for any purpose. (e) Provide data in a useful manner to allow state and local policymakers to make informed policy decisions. (f) Provide reports to the citizens of this state to allow them to assess allocation of resources and the return on their investment in the education system of this state. (g) Assist all entities receiving funds under this act in complying with audits performed according to generally accepted accounting procedures. (h) Other functions as assigned by the state budget director. (2) The state budget director shall appoint a CEPI advisory committee, consisting of the following members: (a) One representative from the house fiscal agency. (b) One representative from the senate fiscal agency. (c) One representative from the office of the state budget director. (d) One representative from the state education agency. (e) One representative each from the department of career development and the department of treasury. (f) Three representatives from intermediate school districts. (g) One representative from each of the following educational organizations: (i) Michigan association of school boards. (ii) Michigan association of school administrators. (iii) Michigan school business officials. (h) One representative representing private sector firms responsible for auditing school records. (i) Other representatives as the state budget director determines are necessary. (3) The CEPI advisory committee appointed under subsection (2) shall provide advice to the director of the center regarding the management of the center's data collection activities, including, but not limited to: (a) Determining what data is necessary to collect and maintain in order to perform the center's functions in the most efficient manner possible. (b) Defining the roles of all stakeholders in the data collection system. (c) Recommending timelines for the implementation and ongoing collection of data. (d) Establishing and maintaining data definitions, data transmission protocols, and system specifications and procedures for the efficient and accurate transmission and collection of data. (e) Establishing and maintaining a process for ensuring the accuracy of the data. (f) Establishing and maintaining state and model local policies related to data collection, including, but not limited to, privacy policies related to individual student data. (g) Ensuring the data is made available to state and local policymakers and citizens of this state in the most useful format possible. (h) Other matters as determined by the state budget director or the director of the center. (4) The center may enter into any interlocal agreements necessary to fulfill its functions. (5) From the general fund appropriation in section 11, there is allocated an amount not to exceed $363,400.00 for 2003-2004 to the office of the state budget in the department of management and budget to support the operations of the center. In addition, from the general fund appropriation in section 11 for 2003-2004, there is allocated $1,500,000.00 to the center for a contract with Standard & Poor's for the school evaluation services website. The center shall cooperate with the state education agency to ensure that this state is in compliance with federal law and is maximizing opportunities for increased federal funding to improve education in this state. In addition, from the federal funds appropriated in section 11 for 2003-2004, there is allocated the following amounts in order to fulfill federal reporting requirements: (a) An amount estimated at $1,000,000.00 funded from DED-OESE, title I, disadvantaged children funds. (b) An amount estimated at $284,700.00 funded from DED-OESE, title I, reading first state grant funds. (c) An amount estimated at $46,800.00 funded from DED-OESE, title I, migrant education funds. (d) An amount estimated at $500,000.00 funded from DED-OESE, improving teacher quality funds. (e) An amount estimated at $100,000.00 funded from DED-OESE, drug-free schools and communities funds. (6) Federal funds allocated under this section that are not expended in the fiscal year in which they were allocated may be carried forward to a subsequent fiscal year. (7) The center may bill departments as necessary in order to fulfill reporting requirements of state and federal law. (8) As used in this section: (a) "Center" means the center for educational performance and information created under this section. (b) "DED-OESE" means the United States department of education office of elementary and secondary education. (c) "State education agency" means the department. http://www.michiganlegislature.org/documents/2003-2004/billenrolled/house/pdf/2003-HNB-4401.pdf Governor explanation of veto (page 9/36): http://www.michiganlegislature.org/documents/2003-2004/journal/house/pdf/2003-HJ-08-13-064.pdf Title: H.B. 4401 (multiple provisions) Source: www.michiganlegislature.org MI Signed into law 08/2003 P-12 Before publishing a list of schools or districts determined to have failed to make adequate yearly progress as required by the federal no child left behind act of 2001, Public Law 107-110, 115 Stat. 1425, the department shall allow a school or district to appeal that determination. The department shall consider and act upon the appeal within 30 days after it is submitted and shall not publish the list until after all appeals have been considered and decided. http://www.michiganlegislature.org/documents/2003-2004/publicact/pdf/2003-PA-0145.pdf Title: H.B. 4391 (multiple provisions) Source: www.michiganlegislature.org OH Signed into law 08/2003 P-12 Requires the department of education, by January 1, 2004, to provide to the General Assembly a feasible standard for measuring school district attendance rates. Title: H.B. 3 - Omnibus Bill -- Attendance Rates Source: Digest of Enactments 2003 NY Adopted 07/2003 P-12 Amends rules ensuring state and local educational agency compliance with the No Child Left Behind Act. NEW YORK REG 15972 (SN) http://www.regents.nysed.gov/July2003/0703brca2.htm From summary presented to board: Establishes accountability performance criteria and procedures for determining whether a public school, charter school or school district shall be deemed to have made "adequate yearly progress" under the NCLB. A school/district that fails to make adequate yearly progress will be designated as a "School/district Requiring Academic Progress" and will be required to undertake remedial measures while so designated, including school improvement plans, corrective action plans, restructuring plans, revised restructuring plans and other measures as required by the NCLB. Schools/districts that make adequate yearly progress for two consecutive years on all criteria and indicators for which they have been identified will be removed from such designation. A school/district that received funds under Title I for two consecutive years during which it failed to make adequate yearly progress shall be identified for school improvement under NCLB. A school/district that makes adequate yearly progress for two consecutive years shall no longer be subject to the requirements of the NCLB. Commencing with the 2003-2004 school year, the Commissioner may identify schools/districts that meet certain specified criteria as "high performing." Commencing with the 2004-2005 school year, the Commissioner may identify other schools/districts as "rapidly improving." For each school year during which a school remains under registration review, the board of education shall provide direct notification to parents, including a summary of the actions taken to improve performance and an explanation of available placement or program options, and the timeliness and process for parents exercising their rights to school choice. Title: NYCRR 8 100.2 (bb) Source: http://www.regents.nysed.gov CA Emergency Rule Adoption 07/2003 P-12 Establishes emergency rules concerning alternative schools accountability model. CALIFORNIA REG 15452 (SN) http://ccr.oal.ca.gov/cgi-bin/om_isapi.dll?clientID=125942&E22=Title%205&E23=1068&E24=&infobase=ccr&querytemplate=%261.%20Go%20to%20a%20Specific%20Section&record={F02A}&softpage=Document42 Title: Title 5 CCR 1068 thru 1074 Source: California State Web site MD Rule Adoption 06/2003 P-12 A. The State Board and the State Superintendent of Schools shall annually review the progress of each local school system to determine if the school system is making AYP in reading and in mathematics and shall publicize the results of the review to each local school system, teachers, staff, and the community and include statistically sound disaggregated results. B. The State Board, upon the recommendation of the State Superintendent of Schools, may make monetary or nonmonetary rewards to schools, school systems, or both, that significantly close the achievement gap between subgroups or exceed their AYP in reading or in mathematics for 2 or more consecutive years and designate certain schools as distinguished schools that have made the greatest gains in closing the achievement gap or exceeding AYP. Title: COMAR 13A.01.04.09 Source: Westlaw MD Rule Adoption 06/2003 P-12 A. Student Performance Areas. The following data-based areas shall be measured by the standards in Regulation .05 of this chapter and reported annually as provided in Regulation .06 of this chapter to assess school and student performance: (1) Maryland School Assessment results in reading and mathematics and Maryland High School Assessment results in geometry; (2) Average daily attendance rate of students in grades 1-12; and (3) Yearly high school graduation rate. B. Supporting Information. The following data-based areas shall be reported to provide contextual information, but may not be measured by standards: (1) Students enrolled in grades Prekindergarten-2, including ungraded and preschool special education; (2) Student mobility-entrants and withdrawals; (3) Yearly dropout rate of students in grades 9-12; (4) Norm-referenced test scores in reading and mathematics in grades 3-10; (5) Maryland High School Assessment test scores in English I, algebra/data analysis, biology, and government; (6) Maryland Functional Test Scores in reading, mathematics, and writing; (7) Students participating in highly rigorous courses such as advanced placement, International Baccalaureate, and honors courses; (8) The rate of students receiving services in special education, limited- English proficiency, Title 1, and free and reduced price meals; (9) Wealth per pupil; (10) Per pupil expenditure; (11) Instructional staff, professional support staff, and instructional assistants per 1,000 students; (12) Length of the school year; (13) Length of the school day; (14) The number of documented decisions of grade 12 students: (a) Expecting acceptance at a 4-year college, a 2-year college, or a specialized school; or (b) Planning to accept employment related to preparation, employment unrelated to preparation, or the military; (15) A description of opportunities for gifted and talented students; (16) High school completion of University System of Maryland course requirements for admission, career and technology education program requirements, or four of the following six performance indicators: (a) Two or more credits in foreign language with a grade of B or better; (b) Two or more credits of approved advanced technology with a grade of B or better; (c) Mathematics courses beyond algebra II and geometry with a grade of B or better; (d) Four credits of science with a grade of B or better; (e) Score of 1,000 or higher on SAT-1, or 20 or higher on ACT, or both; and (f) A cumulative grade point average of 3.0 or higher on a 4.0 scale; (17) The number of students with disabilities who receive the Maryland High School Certificate; (18) The number of candidates who successfully complete the General Educational Development (GED) Tests; (19) The percentage of : (a) Teachers holding professional certificates; (b) Highly qualified teachers; (c) Teachers with conditional credentials; and (d) Classes in the State not taught by highly qualified teachers, in the aggregate and disaggregated by high-poverty compared to low-poverty schools; and (20) The number of teachers participating in high quality professional development. Title: COMAR 13A.01.04.04 Source: Westlaw MD Rule Adoption 06/2003 P-12 A. The attendance rate represents the average daily attendance rate of students in grades 1-12, including ungraded special education students. Summer school attendance is excluded. The proficient standard is 94 percent and the advanced standard is 96 percent. B. The high school graduation rate represents the percentage of students who graduate from high school with a regular diploma, but does not include students who successfully complete the GED tests or students with disabilities who receive Maryland High School Certificates. C. Student Achievement Rates. (1) The student achievement rates represent the percentage of students who achieve at the basic, proficient, and advanced performance levels on the: (a) Maryland School Assessments in reading and in mathematics; (b) Maryland High School Assessment in geometry; and (c) Science assessments to be developed before the beginning of the 2007-08 school year. (2) The State Board shall establish the basic, proficient, and advanced student performance levels for reading and for mathematics for: (a) Grades 3, 5, 8, and 10 by September 1, 2003; and (b) Grades 4, 6, and 7 by September 1, 2004. (3) The State Board shall establish the graduation rate standards by September 1, 2003. (4) By September 1, 2003, the State Board shall establish AYP for schools, school systems, and the State for: (a) Reading; (b) Mathematics; and (c) Graduation. (5) The State Board shall establish the basic, proficient, and advanced student performance levels for science by September 1, 2008. (6) The State Board shall review and revise as appropriate AYP by September 1, 2008. Title: COMAR 13A.01.04.05 Source: Westlaw DE Rule Adoption 06/2003 P-12 Amended regulation to conform to state and federal statutes that address school, district and state accountability for student performance; added five levels of performance for students in grades 2, 4, 6, 7 and 9 in reading, writing and mathematics beginning in 2006; defined Adequate Yearly Process (AYP) as it affects student achievement and discusses how AYP is determined and calculated; addressed other academic indicators, assessment criteria and the school and district review process. http://www.state.de.us/research/AdminCode/Education/Education%20Administrative%20Code%20-%20100%20Accountability.htm#P4_57 Title: 14 DAC 101, 103 Source: Delware State Web site WV Rule Adoption 06/2003 P-12 Provides rules relating to the measures of academic progress program. WEST VIRGINIA REG 4253 (SN) Title: Title 126, Series 14 Source: StateNet VT Signed into law 06/2003 P-12 This act clarifies that the state board of education is authorized to administer federal education funds available under the No Child Left Behind Act; for the next two years, authorizes the commissioner of education to make an annual, instead of biennial, determination as to whether each Vermont school is meeting quality standards and to implement certain consequences for low performing schools after two years instead of four years; stipulates that for the next school year, a homeless child may be educated in the school of origin despite Vermont law that stipulates that a homeless child shall be educated where the child is living; and establishes a committee to oversee implementation of the federal No Child Left Behind Act. http://www.leg.state.vt.us/docs/legdoc.cfm?URL=/docs/2004/acts/ACT064.HTM The general assembly finds that: the No Child Left Behind Act of 2001(NCLB), has the potential to dramatically change the way education services are provided in Vermont; (2)  Implementation of NCLB could have a major impact on the revenues of the state and the cost of education to Vermont taxpayers.  NCLB provides the state of Vermont with over $50 million in federal funds for fiscal year 2004, most of which is the consolidation of past federal aid programs.  It is unclear whether federal funds will be enough to implement the provisions of the Act with some estimates indicating the potential for large unfunded mandates at both the state and local levels; and (3)  Without legislative oversight, virtually all decisions regarding how the act will be implemented could be made by the state board of education as it is the agency charged with working with the federal government to align Vermont's education system with provisions of federal law. Therefore, it is the intent of the general assembly to establish a no child left behind oversight committee for the purpose of: (1)  reviewing any NCLB–related request for proposal process.  It is the intent of the general assembly that the department of education shall consider approaching other states prior to issuing an NCLB–related request for proposal to determine if a joint contract would be more cost effective; (2)  receiving notification of any NCLB–related contract, grant agreement, amended contract, or amended grant agreement of greater than $10,000.00 prior to awarding any funds under the contract or grant agreement;  (3)  developing a process for reviewing significant state board or commissioner of education decisions regarding implementation of NCLB; (4)  reviewing information about technical assistance that the department of education is providing to Vermont schools and school districts regarding implementation of NCLB; (5)  proposing recommendations to the state board and commissioner of education and the legislature about any future decisions regarding implementation of NCLB; (6)  by December 15, 2003, proposing recommendations to the senate and house committees on education and appropriations to ensure that neither the state nor local school districts will incur costs to implement NCLB other than those funded by the federal government; and (7)  receiving reports from the commissioner of education on his or her best estimate of the costs of implementing NCLB at the state level in January of 2004 and 2005. Title: S.B. 185 Source: http://www.leg.state.vt.us/docs NV Signed into law 06/2003 P-12 The measure revises the public school accountability provisions of the Nevada Education Reform Act and related sections of the law to conform to requirements of the federal No Child Left Behind Act of 2001. The bill requires the state board to define the measurement for determining whether this state, each school district, and each public school has made adequate yearly progress (AYP) in accordance with the federal law. The primary method of measuring AYP will be standards-based test scores in grades 3 through 8, along with the high school proficiency examination. Secondary indicators will include graduation rates for high schools and attendance rates for all other schools. In addition, the state board is required to prepare an annual report of accountability. Further, the measure requires the state board, each school district, and each public school to develop a plan to improve the achievement of pupils. The bill also revises existing provisions concerning the accountability designations of public schools, and for the first time, requires the Department of Education to designate school districts based upon the achievement of pupils enrolled within the school district as a whole, using categories and criteria similar to the school-level accountability categories. As required under federal law, all students must now be tested, including disabled students and English Language Learners. (114 page bill) http://www.leg.state.nv.us/19thSpecial/bills/SB/SB1_EN.pdf Title: S.B. 1 (Omnibus Bill) Source: Research Division, Legislative Counsel Bureau FL Signed into law 06/2003 P-12 Expands legislative intent for K-20 education performance accountability system; provides requirements and implementation schedule for performance-based funding; provides mission, goals, and measures; requires collection of certain data; provides eligibility criteria for participation in Florida School Recognition Program; relates to equivalent scores for purpose of graduation; relates to the No Child Left Behind Act. http://www.leg.state.fl.us/house/Session/index.cfm?Mode=Bills&BI_Mode=ViewBillInfo&BillNum=0915&Chamber=House&Year=2003&Title=%2D%3EBill%2520Info%3AH%25200915%2D%3ESession%25202003 Title: H.B. 915 Source: Florida Legislative Web site TX to governor 06/2003 P-12 Requires the principal or other staff to identify each student who (1) hasn't performed well on assessments; (2) is not likely to receive a diploma before the fifth year of high school and then develop a graduation plan for each student that (1) identifies educational goals; (2) includes diagnostic information, appropriate monitoring and intervention, etc.; (3) includes an intensive instruction program; (4) addresses participation of the parent or guardian; provides innovative mthods to promote the student's advancement, including flexible scheduling, alternative learning environments, on-line instruction, and other interventions that are proven to accelerate the learning process and have been scientifically validated to improve learning and cognitive ability. For a student with disabilities, this program must be designed to: (1) enable the student to attain a standard of annual growth on the basis of the student's individualized education program; and (2) if applicable, carry out the purposes of Section 28.0211. http://www.capitol.state.tx.us/tlo/78R/billtext/SB01108F.HTM Title: S.B. 1108 (Section 28.0212) Source: http://www.capitol.state.tx.us TX to governor 06/2003 P-12 Requires the state agency to develop and make available teacher training materials and other teacher training resources to assist teachers in enabling students of limited English proficiency to meet state performance expectations. The teacher training resources are to be designed to support intensive, individualized, and accelerated instructional programs developed by school districts for students of limited English proficiency. http://www.capitol.state.tx.us/tlo/78R/billtext/SB01108F.HTM Title: S.B. 1108 (Section 39.024) Source: http://www.capitol.state.tx.us TX to governor 06/2003 P-12 Requires districts to offer an intensive program of instruction to a student who does not perform satisfactorily on an assessment instrument administered under Subchapter B, Chapter 39. This program must be designed to: (1) enable the student to: (A) to the extent practicable, perform at the student's grade level at the conclusion of the next regular school term; or (B) attain a standard of annual growth specified by the school district and reported by the district to the agency; and (2) if applicable, carry out the purposes of Section 28.0211. Districts are to use state funds. http://www.capitol.state.tx.us/tlo/78R/billtext/SB01108F.HTM Title: S.B. 1108 (Section 28.0213) Source: http://www.capitol.state.tx.us TX Signed into law 05/2003 P-12 Requires dropout rates, including dropout rates and district completion rates for grade levels 9 through 12, be computed in accordance with standards and definitions adopted by the National Center for Education Statistics of the United States Department of Education. The bill adds to the list of indicators high school graduation rates, computed in accordance with standards and definitions adopted in compliance with the federal No Child Left Behind Act. (Bill Analysis, House Committee) http://www.capitol.state.tx.us/cgi-bin/tlo/textframe.cmd?LEG=78&SESS=R&CHAMBER=S&BILLTYPE=B&BILLSUFFIX=00186&VERSION=5&TYPE=B Title: S.B. 186 Source: http://www.capitol.state.tx.us OK Signed into law 05/2003 P-12 Requires the state board to develop and implement in accordance with the Elementary and Secondary Education Act of 2001 (ESEA), P.L. No. 107-110, also known as the No Child Left Behind Act of 2001, an accountability system as provided for in 20 U.S.C., 6311 and any related federal regulations. The accountability system shall be implemented beginning with the 2002-2003 school year and shall be based on the Academic Performance Index data as established pursuant to Section 3-150 of this title and as modified to meet the mandates of the ESEA. Requires the state board to implement an accountability system based on the state Academic Performance Index with a system of recognition, rewards, sanctions and technical assistance and abolishes the connotations of low-performing and high challenge schools. http://www2.lsb.state.ok.us/2003-04HB/hb1414_enr.rtf Title: H.B. 1414 (Accountability Component) Source: http://www.lsb.state.ok.us TX Signed into law 05/2003 P-12 Notwithstanding any other provision of this code, for purposes of determining the performance of a school district under this chapter, including the accreditation status of the district, a student confined by court order in a residential program or facility operated by or under contract with the Texas Youth Commission is not considered to be a student of the school district in which the program or facility is physically located. The performance of such a student on an assessment instrument or other academic excellence indicator adopted under Section 39.051 shall be determined, reported, and considered separately from the performance of students attending a school of the district in which the program or facility is physically located. http://www.capitol.state.tx.us/cgi-bin/tlo/textframe.cmd?LEG=78&SESS=R&CHAMBER=H&BILLTYPE=B&BILLSUFFIX=02683&VERSION=5&TYPE=B Title: H.B. 2683 Source: http://www.capitol.state.tx.us MD Signed into law 05/2003 P-12 Extends the implementation date for the applicability of specified standards for data collection forms for schools, school systems, and the state department of education. http://mlis.state.md.us/2003rs/bills/hb/hb1055t.rtf Title: H.B. 1055 Source: StateNet TX Rule Adoption 05/2003 P-12 Amends rules concerning education administration. Clarifies that Youth Commission schools are accredited under certain provisions. TEXAS REG 85576 (SN) Title: 37 TAC 91.41 Source: StateNet OH Rule Adoption 05/2003 P-12 New definition states that a highly qualified teacher is one who holds at least a bachelor's degree and has full state certification through a Board-approved certificate or license, such as a professional teaching license for Pre K-3 or 4-9 at the elementary level, or for K-12 or 7-12 at the middle and secondary level. Also has conditions for teachers who are new and not new to their particular fields and for teachers who have an alternative educator license. Teachers who are not considered to be highly qualified include those who hold conditional permits or temporary licenses, and those teaching outside their field. Passed a resolution of intent to adopt model curricula for math and English Language Arts for the purpose of meeting the requirements of 3301.07.09. Also passed resolution to establish "basic" and "below basic" levels of skill for the 4th -grade proficiency test in mathematics, writing, scence and citizenship and for the 6th-grade proficiency tests in reading, mathematics, writing, science and citizenship for the purpose of implementing the performance index that is a component of Ohio's statewide school building and school district accountability system. OHIO REG 10455 (SN) http://www.ode.state.oh.us/board/meetings/april03/minutes.asp and http://onlinedocs.andersonpublishing.com/oh/lpExt.dll/OAC/4b31/4d32/4d49?fn=document-frame.htm&f=templates&2.0 Title: OAC 3301-24-05 Source: StateNet WA Signed into law 05/2003 P-12 A new section is added to chapter 28A.630 13 RCW. Creates the special services pilot program to encourage participating school districts to provide early intensive reading and language assistance to students who are struggling academically. The goal of such assistance is to effectively address reading and language difficulties resulting in a substantially greater proportion of students meeting the progressively increasing performance standards for both the aggregate and disaggregated subgroups under federal law. A maximum of two school districts may participate. Ends in 1997 (four years duration). http://www.leg.wa.gov/pub/billinfo/2003-04/House/2000-2024/2012-s2_pl.pdf Title: H.B. 2012 Source: http://www.leg.wa.gov MN Signed into law 05/2003 P-12 Requires the state commissioner of education to use objective criteria based on student performance levels to identify four to six designations for high- to low-performing schools. Performance criteria must take into account at least student academic performance, school safety, and staff characteristics, with a value-added growth component added by the 2006-07 school year. Requires the commissioner to develop, annually update and post on the department Web site school performance report cards. Requires a school's designation to be clearly stated on each school performance report card. Requires the commissioner to make available the first school designations and school performance report cards by November 2003, and during the beginning of each school year thereafter. Allows a school or district to appeal in writing a designation under this section to the commissioner within 30 days of receiving the designation. The commissioner's decision to uphold or deny an appeal is final. Specifies that these provisions apply to the 2005-2006 school year and later. See Section 9: http://www.revisor.leg.state.mn.us/cgi-bin/getbill.pl?session=ls83&version=latest&number=HF302&session_number=0&session_year=2003 Title: H.F. 302 (multiple provisions) Source: www.revisor.leg.state.mn.u WV Rule Adoption 05/2003 P-12 This rule establishes an accountability system to determine the adequate yearly progress of West Virginia public schools and a system of education performance audits which measures the quality of education and the preparation of students based on the standards and measures of student, school, and school system performance and processes. The system of performance audits shall assist the West Virginia Board of Education, the Legislature, and the Governor in ensuring that the high quality educational standards and annual performance measures and progress are met by schools and school systems and that a thorough and efficient system of schools is provided. http://wvde.state.wv.us/policies/p2320_ne.pdf Title: Title 126, Series 13 Source: http://wvde.state.wv.us/policies NM Signed into law 03/2003 P-12 Amends 22-1-2 to add new definition: "adequate yearly progress" means the measure adopted by the state board based on federal requirements to assess the progress that a student, a public school or school district or the state makes toward improving student achievement. Adds Section 22-2A-5. Requires the state board to adopt the process and methodology for determing adequate yearly progress. The statewide standards-based academic performance tests used to assess adequate yearly progress shall be valid and reliable and shall conform with nationally recognized professional and technical standards. Academic performance shall be measured by school and by the following subgroups: A. ethnicity; B. race; C. limited English proficiency; D. students with disabilities; http://legis.state.nm.us/Sessions/03%20Regular/FinalVersions/house/HB0212MarkedUp.pdf Title: H.B. 212 (Omnibus Bill) Source: New Mexico Legislature NM Signed into law 03/2003 P-12 Outlines procedures and timelines for schools that have failed to make adequate yearly progress for two consecutive years (ranked as a school that needs improvement). These schools must develop an improvement plan with documentation of performance measures in which it failed to make AYP; (2) measurable objectives to indicate the action that will be taken to address failed measures; (3) benchmarks to be used to indicate progress in meeting academic content and performance standards; (4) an estimate of the time and the resources needed to achieve each objective in the improvement plan; (5) the support services that shall be provided to students and applications for federal and state funds; and (6) any other information the public school that needs improvement, the local superintendent, the local school board or the department deems necessary. May apply to the department for financial assistance. Must provide transportation or pay the cost of transportation for students who choose to enroll in a higher ranked school. After 3 consecutive years, the school must provide supplemental services, including after-school programs, tutoring and summer services, within available funds. Requires the state board to adopt rules that govern the priority for studnets for who supplemental services are provided and for whom transportation costs are paid. After 4 consecutive years, the school is subject to corrective action and the district must do one of the following (1) replace staff as allowed by law; (2) implement a new curriculum; (3) decrease management authority of the public school; (4) appoint an outside expert to advise the public school; (5) extend the school day or year; or (6) change the public school's internal organizational structure. If a public school fails to make adequate yearly progress for 5 consecutive years, the district must take one or more of the following actions: (1) reopen as a charter school; 2) replace all or most of the staff as allowed by law; (3) turn over the management of the public school to the department; or (4) make other governance changes. Prohibits entering into management contracts with private entities.Section 22-2A-10 establishes a "Schools in Need of Improvement Fund" in the state treasury. http://legis.state.nm.us/Sessions/03%20Regular/FinalVersions/house/HB0212MarkedUp.pdf Title: H.B. 212 (Omnibus Bill) Source: New Mexico State Legislature NM Signed into law 03/2003 P-12 Requires school districts to track graduation rates for high school in the district. Title: S.B. 394 Source: StateNet SD Signed into law 03/2003 P-12 Establishes a single, statewide state accountability system. The system is required to hold public schools and public school districts accountable for the academic achievement of their students and must ensure that all public schools and all public school districts make adequate yearly progress in continuously and substantially improving the academic achievement of their students. The system is to be based on reading and math standards, set the additional academic indicator for the public K-8 elementary schools as the annual rate of student attendance and the additional academic indicator for public 9-12 high schools shall be the annual rate of graduation. The timeline for adequate yearly progress must ensure that no later than the 2013-2014 school year, all students meet or exceed the state's proficient level of academic achievement as measured by the state's assessments. Sets annual measurable objectives in both reading and mathematics. Requires annual progress of sub-groups of students, using annual assessment data and data from one additional academic indicator. The school's progress in mathematics and reading shall be compared separately to the state's annual objectives for adequate yearly progress in mathematics and reading. Requires the system to include consequences for schools and districts in the form of sanctions, rewards, and recognition. Delegates details to the state board. http://legis.state.sd.us/sessions/2003/bills/SB40enr.pdf Title: S.B. 40 Source: http://legis.state.sd.us OH Adopted 01/2003 P-12 Board adopted the design for a statewide school building and school district accountability system, which is officially entitled "Ohio's Proposal for a Unitary Accountability System." The measure puts the board on track to fulfill the requirements of the "No Child Left Behind Act of 2001," which requires states to have "a single statewide State accountability system that will be effective in ensuring that all local educational agencies, public elementary schools, and public secondary schools make adequate yearly progress…" A copy of the accountability plan as adopted by the state board is available on the Ohio Department of Education's web page at the following address:  www.ode.state.oh.us/Accountability/default.asp Title: Resolution Source: http://www.ode.state.oh.us/board/meetings/january03/minutes.asp NM Adopted 12/2002 P-12 Establishes rules annually measuring public schools on the five statewide indicators. All scores, rates, and other measures used in the Accountability Rating System are to be verified by the department. Assessment data is to be considered for accountability ratings only when a group represents 10 or more students. Utilizes results from the state- mandated norm referenced achievement test(s) ('NRT') in Spanish or English, and all accomodations or exemptions must comply with federal guidelines. Ratings of "probationary" may be appealed to the Educational Standards Commission. Schools have one full year from the time they're identified as in need of corrective action to meet the standards for improvement. NEW MEXICO REG 3643 (SN) Title: NMAC 6.19.1.8, 6.19.1.9; 6.19.2.16 Source: StateNet NM Adopted 12/2002 P-12 Amends rules regarding the annual measurement of schools. http://www.nmcpr.state.nm.us/nmac/parts/title06/06.019.0001.pdf 6.19.1.9 Addresses school ratings: A. A school's rating will determine when intervention is appropriate. B. A school's rating is determined by the percentage of data points that are rated as exemplary, exceeds standards, meets standards, and probationary. C. The ratings shall be publicized each year and provided by the department to districts and to schools. D. New schools are not rated. E. A school that receives an overall rating of probationary for a first or second time and will enter either the performance warned or the first year of school improvement categories may appeal the rating to the Educational Standards Commission. The appeal must be made to the State Superintendent of Public Instruction ("State Superintendent") in writing within twenty days of the school's receipt of official notice of the school rating. Provides for use of dropout rates, annual performance measurement (of schools). Uses test results of students in attendance on or prior to the 40-day attendacne count. Considers LEP and IEP test results. Small schools use "rolling averages." Attendance is included as an indicator. Allows intervention at school and district level. 6.19.2.11 allows suspension of a local board until requirements of law, standards or rules have been met, compliance is assured, and the state board removes the suspension. The authority and responsibility of a local board may occur voluntarily -- as an agreement between the state superintendent and the board. Involuntary suspension of local boards may occur if a school within the district has been rated probationary for two out of three consecutive years and has failed to meet the criteria for the extension of school improvement rating for two out of three consecutive years. NEW MEXICO REG 3611 (SN) Title: 6.19.1, 6.19.2 NMAC Source: StateNet PA Adopted 12/2002 P-12 Promulgates rules relating to the No Child Left Behind Act of 2001. Ensures that all children have the opportunity to obtain a high-quality education and reach, at minimum, proficiency on challenging State achievement standards and academic assessments. Provides grants to State education agencies and sub- grants to local educational agencies. Provides for a single, statewide accountability system. http://www.pabulletin.com/secure/data/vol32/32-50/2219.html Effective Date: The standards will be effective upon publication in the Pennsylvania Bulletin PENNSYLVANIA REG 3742 (SN) Title: 22 PA. CODE CH. 403 Source: Dec. 2002 The Pennsylvania Bulletin, Volume 32, Number 50 NJ Adopted 10/2002 P-12 Establishes rules relating to standards and assessment for student achievement. Specifies: inclusion of all students in the school and district assessment and accountability system, mobility, the Alternate Proficiency Assessment (APA), updates cross-references and implementation dates. Clarifies the purpose of the Statewide assessment system that is designed to measure student progress in the attainment of the Core Curriculum Content Standards. NEW JERSEY REG 15251 (SN) Title: NJAC 6A:8 Source: StateNet TX Active 08/2002 P-12 Prior to NCLB and under the Improving America's Schools Act, Texas had a wavier to identify Title I schools for improvement based on an data. Under this waiver, Texas identified 121 Title I schools for School Improvement for the 2000-2001 school year (based on Spring 2000 TAAS). For school year 2001-2002, Texas identified 72 Title I schools for School Improvement (based on Spring 2001 TAAS). School Year 2002-2003:  Under NCLB, Title 1 schools and districts identified for school improvement will be based on two consecutive years of failing to meet AYP (i.e., a campus received a rating of "Low-Performing" two years in a row, or a district received a rating of "Academically Unacceptable" two years in a row).  The school or district must make AYP for two consecutive years in order to exit school improvement status.   School Year 2003-2004:  The state's measure of AYP will change for School Year 2003-2004 to be in alignment with the AYP requirements under NCLB and the implementation of the Texas Assessment of Knowledge and Skills, the new state assessment that will be given for the first time in the Spring of 2003. (http://www.tea.state.tx.us/nclb/hottopics/hot.topics.ayp.html) Title: N/A Source: Texas Department of Education Web site MA Signed into law 08/2002 P-12 Creates within department the office of language acquisition to aid the commissioner in overseeing creation of district English language learners programs, and to gather and disseminate to districts best practices in terms of programs and techniques for bringing limited English proficient students to English proficiency. Replaces references to "programs of transitional bilingual education" with those to "English language learners programs. Requires every district to annually file specified data with the state, such as the type(s) of English language learners program provided and the the number of students formerly enrolled as English language learners who enroll in postsecondary institutions. Requires state commissioner to annually publish both statewide and district-level data on English language learner programs and limited English proficient students. Requires candidates for provisional or standard teacher certification or recertification to have completed state board-required courses in second language acquisition. Districts are required to provide teachers with development in second language acquisition techniques, and professional development plans are to be filed annually with the state commissioner. Also requires state commissioner's annual plan for providing assistance to indicate both statewide and by district the types of development provided educators who work with limited English proficient students. Requires student performance plans to describe opportunities given by the school to ensure limited English proficient students' progress in meeting reading, writing, speaking and listening skills in English as well as opportunities given these students to meet academic standards and curriculum frameworks. Requires every district to determine annually by March 1 the number of limited English proficient K-12 students served by the district. Establishes requirements to be met by programs for English language learners as well as annual assessment of these students' proficiency in English oral comprehension, speaking, reading and writing. Requires that limited English proficient students be taught to the same academic standards and curriculum frameworks as all students and allows assessment of attainment of these standards and frameworks in a language other than English as long as the student is enrolled in an English language learners program. Permits students to remain in English language learners program for maximum of three years. Requires district development, with cooperation of student's parents, of English learning success plan for any limited English proficient student who does not make sufficient progress in attaining English proficiency after second year of enrollment in English language learners program. Requires that parents of limited English proficient student be notified in writing, both in English and the parents' primary language, of the English language learners program(s) in the district and of the existence of the district parent advisory council, with a recommendation of a specific program for the student and notification of their right to remove student from program, visit program, etc. Establishes in each district serving at least 50 students in English language learners program a parent advisory council comprised of parents of children enrolled in English language learners program in district. Each council must include at least one representative of every language group in which a program is conducted in the district. Establishes rights and duties of parent advisory councils, including right to meet at least once annually with the local school council. Permits nonresident students to attend a district's English language learners program(s.) Requires "limited English proficient students [to] participate fully with their English-speaking peers in those regular education classrooms, subjects, or activities in which verbalization in English is not essential to understanding" (i.e., physical education, art, music, etc.), and requires districts to ensure that limited English proficient students have the opportunity to participate fully in district's extracurricular offerings. Establishes requirements relating to certificates for teachers of bilingual education or English as a Second Language. Permits districts to establish full-time or part-time preschool, after-school or summer school programs English language learners programs, although these programs may not substitute for English language learners programs provided during the regular school year. Requires department to carry out an on-site visit at least once every three years to every school district with approved district English language learner plans, both to evaluate programs and to offer assistance in improving programs. Requires that any limited English proficient student who was unable to attain English proficiency prior to leaving high school be given access to English language and literacy skill instruction courses offered through the state adult basic education program. "[W]ithin five years of the effective date of this act, any foreign language classes required by the department [...] or by a school district shall be required for students in elementary schools and optional for students in high schools." http://www.state.ma.us/legis/bills/house/ht05010.htm Title: H.B. 5010 Source: www.state.ma.us AK Adopted 08/2002 P-12 Establishes the indicators and formulas used to measure school performance. http://www.eed.state.ak.us/regs/adopted/4AAC06_schooldesignators.pdf Title: 4 AAC 06 - Article 4 Source: State of Alaska, Dept. of Education & Early Development TN Signed into law 07/2002 P-12 By September 1 of each year, the commissioner is required to recommend for approval to the state board a listing of all schools to be placed on notice or probation for failure to make adequate progress. If a school system is deemed by the commissioner as not carrying out its responsibilities to a school or schools on notice or probation for technical or other assistance, the system may be included in the recommendation to the state board to be placed on notice or probation. Schools or school systems on notice or probation must abide by guidelines established by the commissioner. During the year on notice, the state department and the office of education accountability are to jointly study any school and/or school system placed on notice. The study will include findings on how the school and/or school system can meet the performance standards for adequate yearly progress. The commissioner has the authority to: (A) Approve the allocation of state discretionary grants; and/or (B) Provide technical assistance through an outside expert. The director of each local education agency serving schools placed on notice must promptly notify parents of students of such identification and revise school improvement plans. If a system or school does not meet the standards for adequate yearly progress by the end of the first year on notice, the system or school may be placed on probation. During the first year a system or school is on probation, the commissioner has the authority to: (A) Approve a school system's allocation of financial resources to a system or school on probation; and (B) Appoint a local community review committee to approve and monitor the school improvement plan. (2) The director of each local education agency serving schools placed on probation is responsible for the following actions: (A) Prompt notification to parents of students of such identification; (B) Implementation of performance contracts for the principal; (C) Provision for remediation services for students; (D) Notification to parents of their option to transfer their children to another public school within the system; and (E) Revision of school improvement plans to incorporate joint study findings. After two consecutive years of probation, if a school or system does not make progress to meet the standards for adequate yearly progress, the commissioner has the authority to: (1) Assume any or all powers of governance for the school or system, provided, however that in the case where the commissioner assumes governance of a school or system the district will continue to be accountable for the match required by the basic funding formula for students served; and/or (2) Recommend to the state board that the director of the local education agency be replaced; and/or (3) Recommend to the state board that some or all of the local board of education members be replaced. (4) If the state board concurs with the recommendation, the commissioner is required to order the removal of some or all of the board members and/or director of schools and shall declare a vacancy in the office or offices. Vacancies on the board are to be filled by the local legislative body until the next general election. If the entire board is removed, the commissioner appoints three citizens to serve the remainder of the term. http://www.legislature.state.tn.us/bills/currentga/Chapter/PC0860.pdf Title: H.B. 3159 Source: Lexis-Nexis/StateNet AK Adopted 06/2002 P-12 Each school will receive accountability points for each student included in school accountability, based on their performance category ("Advanced," "Proficient," "Below Proficient," or "Not Proficient") Performance on Benchmark Test Accountability Points: Advanced 150, Proficient 100, Below Proficient 50, Not Proficient 20, Did Not Participate 0. A school may not exempt or excuse more than 3% of the total number of students enrolled in a grade. The school will receive zero points for students who are accountable but who did not participate, above 3% of the students enrolled in the tested grades; (3) The Status Index for each content area is calculated by adding the total number of points and dividing by the total number of students accountable. (4) The Benchmark Status Index for the school is calculated by adding the total number of index points across all content areas, and dividing by the number of content areas. Title: 4 AAC 06 Source: http://www.eed.state.ak.us/regs/4AAC06SchoolDesignators.pdf AZ Signed into law 05/2002 P-12 Requires that the academic achievement profile report for schools serving students grades K-8 include as indicators the Arizona Measure of Academic Progress and the Arizona Instrument to Measure Standards (AIMS) test. Academic achievement profile reports for schools serving students grades 9-12 must include as indicators the AIMS test, annual dropout and graduation rates. Establishes school classification system; requires department to determine criteria for each school's classification using specified methodology; requires each school's classification and criteria to appear on school report cards. Requires department to develop parallel achievement profile for accommodation schools, alternative schools, and schools serving fewer than 100 pupils. Addresses required actions of first-year and second-year underperforming schools, including underperforming charter schools. Creates consequences for failing schools that do not submit improvement plans and failing schools that do not make adequate improvement during two consecutive years of designation as such. Permits state board to allow governmental, nonprofit or or private organizations to submit applications to the state board to partially or fully manage the school. Sets out state board duties to periodically review performance of school operated by alternative providers as mentioned above. http://www.azleg.state.az.us/legtext/45leg/2r/laws/0284.htm Title: H.B. 2658 Source: www.azleg.state.az.us MD Signed into law 05/2002 P-12 Requires each county board to develop and implement comprehensive master plan that states the goals and strategies to be used to raise student achievement and meet state and local performance standards in each segment of the student population. Plans must be submitted to the department by October 1, 2003 and must include goals and strategies for specified objectives, including for special education, limited-English proficient, prekindergarten, kindergarten, gifted and talented, low-performing, and career- and technology students. State superintendent must review each plan and may require revisions to be made. Permits state board to withhold state funds from any board whose school system fails to make adequate yearly progress towards improving student achievement and meeting state performance standards for each segment of student population or fails to create plan that meets the specified state requirements or take action required by state superintendent. Requires state superintendent to review academic intervention programs and behavior modification programs to identify best practices. http://mlis.state.md.us/2002rs/bills/sb/sb0856e.rtf Title: S.B. 856 Source: mlis.state.md.us KY Signed into law 04/2002 P-12 Requires the Department of Education, by 11/01 of each year, to provide each school council, or the principal if a school council does not exist, with nonaggregated data on its students' performance on the statewide test with an equity analysis on the achievement gap between the subpopulations of students. Districts and local school councils must set biennial targets for reducing the achievement gap and compose plans addressing specified areas. http://www.lrc.state.ky.us/RECORD/02RS/SB168/bill.doc Title: S.B. 168 Source: www.lrc.state.ky.us WA Signed into law 03/2002 P-12 Authorizes the Academic Achievement and Accountability Commission to set performance improvement goals for certain groups of students and dropout goals. The goals shall be consistent with student privacy protection provisions of RCW 28A.655.090(7) and shall not conflict with requirements contained in Title I of the federal elementary and secondary education act of 1965, as amended. The goals may be established for all students, economically disadvantaged students, limited English proficient students, students with disabilities, and students from disproportionately academically underachieving racial and ethnic backgrounds. The commission may establish school and school district goals addressing high school graduation rates and dropout reduction goals for students in grades seven through twelve. http://www.leg.wa.gov/pub/billinfo/2001-02/Senate/6450-6474/6456_sl_03192002.txt Title: S.B. 6456 Source: www.leg.wa.gov IN Signed into law 03/2002 P-12 Requires every district to review district's programs to judge if district's practices of separating students by ability, placing students into educational tracks, or using test results to screen students result in the systematic separation of students by race, color, creed, national origin or socioeconomic status. Title: S.B. 292 Source: www.state.in.us/legislative CA Signed into law 10/2001 P-12 Deletes the provision by which schools that meet the State target are eligible for the Governor's Performance Award Program and would require a school, including a school participating in the Immediate Intervention/Underperforming Schools Program, to meet at a minimum, its annual performance growth target to be eligible for the Governor's Performance Award Program. Title: A.B. 1295 Source: Lexis-Nexis/StateNet CA Signed into law 10/2001 P-12 Establishes the High Priority Schools Grant Program for Low Performing Schools within the Public Schools Accountability Act. Requires a school that participates in the High Priority Schools Grant Program for Low Performing Schools that maintains kindergarten or any of grades 1 to 5 to jointly develop with parents, for all children enrolled at the schoolsite, a school-parent compact. Provides alternate sanctions to which a school is subject if it does not meet its growth target. Title: A.B. 961 Source: Lexis-Nexis/StateNet