From the ECS State Policy Database No Child Left Behind--Consequences for Schools

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 OK Signed into law 06/2012 P-12 Requires that school district alternative education plans be included in the school improvement plans school districts must adopt every six years. School districts with one or more school sites on the needs improvement list must submit school improvement and capital improvement plans electronically. The state board must identify schools that are consistently listed as persistently low-achieving and boards of education with schools on that list must submit an annual update of the school improvement plan to the state board. Repeals the section of law that requires school districts to adopt a Comprehensive Local Education Plan every six years as part of receiving accreditation. This eliminates the need for school districts to submit information twice since information in the Comprehensive Local Education Plan state law already requires that information in other reports to the state board. also removes language that gives the State Board of Education the authority to review preliminary plans for new construction and major alteration of public school buildings before a school district can let bids. Requires the state department to provide training for regional accreditation officers in alternative education compliance. School districts must show on transcripts students' highest achieved scores on end-of-instruction tests rather than all scores. http://webserver1.lsb.state.ok.us/cf/2011-12%20ENR/hB/HB2306%20ENR.DOC Title: H.B. 2306 Source: http://webserver1.lsb.state.ok.us HI Signed into law 06/2011 P-12 Allows the superintendent of education to reconstitute a public school, except for charter schools. Directs the department to negotiate with the respective unions the process of reassigning employees of the school to be reconstituted to other positions within the department for which the employees are qualified. Allows the superintendent to recommend actions to the charter school review panel, including the revocation of a school's charter. http://www.capitol.hawaii.gov/session2011/Bills/SB1485_CD1_.HTM Title: S.B. 1485 Source: www.capitol.hawaii.gov AZ Signed into law 04/2011 P-12 Amends section 15-241. Changes the method used to calculate a school's classification and replaces the current labels of "excelling", "highly performing", "performing", "underperforming" or "failing to meet academic standards" with a letter grade system of A, B, C, D, and F. Specifies that 50% of the classification must consist of academic performance measurement of academic gain (50% of which is to be based on student gains for all students in the school or district and 50% to reflect progress of the 25% of pupils with the lowest academic performance in the school or district). Makes accountability provisions applicable to public schools also pertain to districts. Allows the state board of education to assign a D school a letter grade of F if the school is among the persistently lowest-achieving schools. http://www.azleg.gov/legtext/50leg/1r/bills/hb2234h.pdf Title: H.B. 2234 Source: http://www.azleg.gov 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 NM Signed into law 03/2011 P-12 Clarifies the attendance priorities and other procedures for schools that have been converted to charters through the Assessment and Accountability Act, and based on adequate yearly progress measures. http://www.nmlegis.gov/Sessions/11%20Regular/final/HB0097.pdf Title: H.B. 97 Source: http://www.nmlegis.gov/ CA Adopted 09/2010 P-12 Adopts emergency regulations to implement Senate Bill 4, Chapter 3, 5th Extraordinary Session of 2010. This Senate Bill and these emergency regulations establish the parent empowerment process whereby parents of students who are or will be enrolled in up to 75 schools that are subject to federal corrective action plans, are not making adequate yearly progress, and have Academic Performance Index scores below 800, have the right to petition for the implementation of specified school reform interventions. The rulemaking, among other things, specifies the requirements for these petitions and the petition process. Also provide more detailed descriptions of thei ntervention models (turnaround, restart, school closure, transformation and alternative governance arrangement) than are provided in statute. Title: 5 CA ADC 4800, 4801, 4802, 4803, 4804, 4805, 4806, 4807 Source: OK Signed into law 06/2010 P-12 This section of S.B. 2033 establishes and defines four intervention models, one of which a school identified as being among the persistently lowest-achieving schools in the state is required to implement (turnaround, closure, restart or transformation). http://webserver1.lsb.state.ok.us/2009-10bills/SB/SB2033_ENR.RTF Title: S.B. 2033 Source: http://webserver1.lsb.state.ok.us NY Signed into law 05/2010 P-12 From "Summary of Specific Provisions" on Assembly Web site: Section 6 of this bill would add a new S21l-e to the Education Law to authorize the board of education of a school district, or the Chancellor of the New York City School District, to contract with an educational partnership organization, with the approval of the Commissioner, for a term of up to 5 years to manage a school identified as a persistently lowest-achieving school, or a BURR, for the purpose of intervention to turn around such school. An "educational partnership organization" (or "EPO") would be defined to include a board of cooperative educational services, a public or independent higher education institution, a cultural institution, or a private non-profit organization with a proven record of success in intervening in low-performing schools, provided that the term would not include a charter school. The contract would be required to include district expectations and/or benchmarks for school operations and academic outcomes, and provide that failure to meet such expectations or benchmarks may be ground for termination of the contract. The contract would also be required to address the manner in which students will be assigned to the school, the process for employees to transfer to the school, the services the district will provide to the school and the manner in which the school shall apply for and receive allocational and competitive grants. Under the bill, the EPO would assume the duties of the superintendent of schools with respect to the school, including but not limited to making recommendations to the board of education to implement the educational program, including decisions on budgets, staffing populations, student discipline, curriculum and determining the daily schedule and the school calendar, consistent with collective bargaining agreements. The board of education would retain ultimate decision-making authority over employment decisions, including hiring, evaluating, termination, granting of tenure, assignment of employees and staff development and over other terms and conditions of employees. However, the EPO would be authorized to exercise all the powers of a superintendent of schools over employment decisions, including but not limited to making recommendations to the board of education on staff assignments, hiring, tenure., evaluation and discipline and termination of employees. The employees assigned to the school would continue to be solely employed by the school district for all purposes, and would retain all their tenure rights and other employment rights conferred by law. The board of education, and not the EPO, would be the employer for purposes of the Taylor Law (Article 14 of the Civil Service Law). The employees assigned to the school would remain members of the applicable negotiating unit containing like titles or positions for the school district would be covered by the collective bargaining agreement covering that school district's negotiating unit. However, the duly recognized or certified collective bargaining representative for that negotiating unit would be authorized to modify or supplement, in writing, the collective bargaining agreement in consultation with the employees of the negotiating unit working in the school. All such modifications of, or supplements to, the collective bargaining agreement would be subject to ratification by the employees employed within the school and by the board of education of the school district. The bill further provides that where the EPO makes a recommendation to the board of education on implementing the educational program or on employment decisions and the recommendation is denied, the board is required to state its reasons for the denial, which shall include an explanation of how the denial will improve student achievement in the school and how such action is consistent with the accountability plans approved by the Commissioner for the school and the district. The board of education would not be prevented, however, from denying a recommendation that is in violation of law or violates a collective bargaining agreement. The bill further provides that if the board of education rejects a recommendation to terminate the probationary appointment of an employee assigned to the school or a recommendation to deny tenure to such an employee, the board of education would be required to transfer the employee to another position in the school district within that employee's tenure area or to create such a position. http://assembly.state.ny.us/leg/?default_fld=%0D%0A&bn=A11171&Summary=Y&Actions=Y&Memo=Y&Text=Y Title: A.B. 11171, Section 6 Source: assembly.state.ny.us OK Signed into law 05/2010 P-12 Authorizes a district board of education for a district with an average daily membership of more than 30,000 which implements an alternative governance arrangement to use the following procedures, upon approval of the district board and concurrence of the executive committee of the appropriate local bargaining unit: a. any teacher not retained at the school site shall be given status as a full-time substitute teacher within the school district for a period of not to exceed two (2) years; b. if the teacher is not offered a contract teaching position at a school in the district within the two-year period specified in subparagraph a of this paragraph, the district board shall be authorized to not reemploy the teacher, and c. the district board shall designate trained, certified, instructional staff to provide teacher support, development and evaluation, which may include certified personnel other than administrators. These actions are not to be subject to the Teacher Due Process Act of 1990. The decision by the district board for renewal or nonrenewal is final. (For these purposes, a full-time substitute teacher is to perform the duties assigned by the district superintendent and is to continue to receive the same salary, benefits and step increases that the teacher would otherwise be entitled to for the time period the teacher serves as a full-time substitute.) http://webserver1.lsb.state.ok.us/2009-10bills/SB/SB509_ENR.RTF Title: S.B. 509 Source: http://webserver1.lsb.state.ok.us WI Signed into law 04/2010 P-12 Act 215. For a district in need of improvement for 4 consecutive years, new section requires district boards to take certain actions (additional learning time; system of academic and behavioral supports; use data to differentiate instruction; employ a research-based curriculum). For districts in lowest performing 5% of all public schools, makes a number of other requirements of boards. Provides the state superintendent with authority to require actions for schools in either of the categories named above. http://www.legis.state.wi.us/2009/data/acts/09Act215.pdf Title: S.B. 437 Source: http://www.legis.state.wi.us TN Signed into law 01/2010 P-12 Enacts the Tennessee First to the Top Act of 2010. From fiscal note: Authorizes the Commissioner of Education to move any public school or local education agency (LEA) into or out of a newly created "Achievement School District" (ASD) if the school is in the fifth year of improvement status or at any time a Title I school meets the U.S. Department of Education's definition of "persistently lowest achieving schools." Authorizes the Commissioner to contract with an individual, government entity, or nonprofit entity to manage the day-to-day operations of the ASD. The Administrator of the ASD may apply to the Commissioner for a waiver of any state board rule that hinders the ability of the school or LEA to meet adequate yearly progress (AYP) benchmarks. Authorizes the administrator of the ASD to determine whether any teacher previously assigned to a school in the ASD will have the option of continuing to teach at that school. Any teacher not retained in the ASD will remain an employee of the LEA, subject to provisions in current law for dismissal. Eliminates current law restriction on use of specific teacher's effect on the educational progress of students in formal personnel evaluations. Schools or LEAs will remain in the ASD until achieving AYP for three consecutive years, at which time they will transition back to their pre-ASD status. http://www.capitol.tn.gov/Bills/106/Fiscal/HB7010.pdf Title: S.B. 7005A - H.B. 7010A Source: http://www.capitol.tn.gov KY Emergency Rule Adoption 01/2010 P-12 Establishes the processes to be followed during a school leadership assessment and district leadership assessment after a school is identified as low-achieving, per 2010 H.B. 176 (http://www.lrc.ky.gov/record/10RS/HB176/bill.doc). Defines "assessment team", "district leadership assessment", "needs assessment" and "school leadership assessment". Establishes rules to help identify the entity authorized to select an intervention option. Establishes reform activities permitted under each of the intervention options (external management, restaffing, school closure and transformation) established in H.B. 176. Establishes procedures for the commissioner of education to follow in selecting External Management Organizations for those schools undergoing the external management intervention option. http://www.lrc.ky.gov/kar/703/005/180reg.htm Title: 703 KAR 5:180 Source: www.lrc.ky.gov KY Signed into law 01/2010 P-12 Amends accountability provisions in KRS 160.346. Defines "persistently low-achieving school". Defines "school intervention" as a process chosen by a school council, a superintendent and a local board, or the commissioner of education or designee with state board approval, to turn around a persistently low-achieving school. Repeals certain language regarding actions of an audit team in relation to a school under accountability sanctions. Directs an audit team auditing a persistently low-achieving school to include in its review and report (1) a determination of the school council and principal's ability to lead the intervention in the persistently low-achieving school and (2) a recommendation to the commissioner of education as to whether the council should be replaced, and whether the current principal should remain as principal in the school. Repeals language allowing authority for a low-performing school to be transferred to a "highly skilled educator"; adds new language providing that if the audit team recommends transferring the school council's authority, the team may recommend that (1) such authority be transferred to the commissioner of education, who must designate staff to manage the school, and/or (2) the council members be replaced by the commissioner of education. Requires an audit team auditing the district of a persistently low-achieving school to include in its review and report a determination of the district's ability to manage the intervention in the persistently low-achieving school. Requires the commissioner of education, within 30 days of receiving the reports of the school and district audits, to act on the recommendations in the reports and other relevant data. Existing law permits the school council of a low-performing school to appeal the commissioner's action on the audit team' recommendations; new provision additionally allows the local board to appeal the commissioner's action, and requires the state board to hold a special meeting for action on the appeal if the state board is not scheduled to meet within 30 days of receipt of an appeal of the commissioner's decision. Existing legislation allows powers, duties and authority for an underperforming school to be transferred to the local superintendent or a highly skilled educator; new provisions replace such language with references to transfer of powers, duties and authority to local superintendent, commissioner of education, or his/her designee. Requires persistently low-achieving schools to select one of five intervention options: (1) "external management option" (day-to-day operations transferred to a for-profit or nonprofit education management organization (EMO); provides the EMO may make personnel decisions; (2) "restaffing option" (replacement of principal and school-based decision making council unless recommended otherwise, retention of no more than 50% of school staff, development and implementation of an action plan using research-based school improvement initiatives to improve student performance); (3) "school closure option" (transfer of students to district schools meeting accountability measures, reassignment of school staff, potential nonrenewal of contracts, dismissal, demotion, or a combination of such personnel actions); (4) "transformation option" (replacement of principal and of school council unless the audit report recommends otherwise, institution of an extensive set of specified strategies designed to turn around the identified school); (5) any other model recognized by the federal No Child Left Behind Act or its successor. Directs the state board to adopt rules establishing the process and procedures for implementing the enumerated intervention options. Specifies that professionally negotiated contracts by a local board of education shall not take precedence over the requirements of the "restaffing", "school closure" and "transformation" options. Directs the state department of education to provide services and support to assist persistently low-achieving schools. Directs the state department of education, based on the 2009 Advanced Placement results of schools participating in the "Advance Kentucky" initiative http://www.advancekentucky.com/Default.aspx, to include in the state's Race to the Top application a description of the intent to expand Advance Kentucky schools by 20 schools a year over a four-year period. Directs the state department of education to provide 50% of all program costs, with all additional costs to be covered by grants from philanthropy, local district funding, and other sources of funding, including legislative appropriation. http://www.lrc.ky.gov/record/10RS/HB176/bill.doc Title: H.B. 176 Source: www.lrc.ky.gov CA Signed into law 01/2010 P-12 Creates new sections 53300 and ff. of the Education Code, establishing new "Parent Empowerment" section. Provides that for any school not identified as a persistently low-achieving school under new Section 53201 (see enacted S.B. 1E http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0001-0050/sbx5_1_bill_20100107_chaptered.pdf), that is subject to corrective action under the No Child Left Behind (NCLB) Act and after one full year continues to fail to make adequate yearly progress (AYP), and has an Academic Performance Index score of less than 800, and in which at least half of parents of students or a combination of at least half of such and of parents of students in a feeder elementary or middle school sign a petition asking the district to implement one or more of the four interventions specified in new Section 53202 (the turnaround model, the restart model, school closure or the transformation model) or the federally mandated alternative governance arrangement identified in NCLB, requires the district to implement the option requested by the parents unless, in a regularly scheduled public meeting, the district makes a finding in writing stating why it cannot implement the specific recommended option and instead designates in writing which of the other options it will implement in the subsequent school year consistent with federal requirements. Directs the district to notify the state superintendent and state board upon receipt of a petition, and upon its final disposition of that petition. Provides that if the district indicates it will implement a different alternative governance arrangement than requested by the parents, it must notify the state superintendent and the state board that the alternative governance option selected has substantial promise of enabling the school to make AYP. Provides that no more than 75 schools may be subject to such a petition (with schools counted toward this total upon state receipt of its final disposition of the petition). Pages 6-7 of 7: http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0001-0050/sbx5_4_bill_20100107_chaptered.pdf Title: S.B. 4E - Parent Empowerment Source: www.leginfo.ca.gov MI Signed into law 01/2010 P-12 Part of Michigan's Race to the Top Legislation. Beginning in 2010, not later than September 1 of each year, the state superintendent is required to publish a list of the lowest achieving 5% of all public schools. Once a building is identified as being in the lowest 5%, the superintendent must issue an order placing those buildings under the supervision of the newly created state school reform and redesign officer (RRO). Within 90 days of receiving this order, the local school board must submit a redesign plan to the RRO. The plan must implement one of the 4 intervention models provided for in the American Recovery and Reinvestment Act (ARRA). The 4 models are: turnaround, restart, closure and transformation. The plan must also include an addendum to the collective bargaining agreement to alter any seniority system in place and suspend the work rules to allow for longer school days or years in the event that those methods are determined to be necessary for success. If the RRO denies a plan or determines that a previously approved plan isn't working adequately, the school may be placed into the newly formed State School Reform and Redesign District. The RRO would then act as the superintendent of the district and impose one of the intervention models at the beginning of the next school. The RRO also may impose modifications to the collective bargaining agreement. The RRO may appoint a chief executive officer to administer a school or several school buildings at once. http://www.legislature.mi.gov/documents/2009-2010/publicact/htm/2009-PA-0204.htm Title: H.B. 4787 - Sec. 1280c Source: http://www.legislature.mi.gov 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 07/2009 P-12 Increases statewide charter school cap and charter school cap for Chicago. Above and beyond caps, permits five Chicago charters (and specified numbers of campuses and enrollment seats within those five charters) to be devoted to serving returning high school dropouts. Requires charter schools to submit to the state board of education a copy of their audit and Form 990. Increases time frame for state board to approve a charter school proposal. Adds procedures for a charter school to respond to a proposed revocation of its charter. Beginning with the 2012-13 school year, requires at least 75% of instructional staff in established charter schools to hold teacher certification; for charter schools established after these provisions are enacted, requires 75% of instructional staff to be certified by the beginning of the 4th school year in which students are enrolled in the school. Provides charter schools statewide are exempt from caps on the number of employees who may be enrolled in alternative certification programs. Requires state board to report findings of charter school evaluation every two years rather than annually. Establishes an Independent Charter School Authorizer Task Force to study the need for an independent charter school authorizer in the state. Directs the task force to report its findings and recommendations to the governor and legislature by January 2010. Defines "contract school" as a Chicago attendance center run by a for- or not-for-profit private entity on contract to provide instructional and other services to a majority of the students enrolled in the attendance center. Defines "contract turnaround school" as an experimental Chicago contract school created to implement alternative governance in an attendance center subject to restructuring or similar intervention under NCLB that has not made adequate yearly progress (AYP) for 5 consecutive years. Provides that a Chicago school placed on probation that fails to make adequate progress in correcting deficiencies after one year may be converted to a contract turnaround school. Specifies the Chicago school board may operate no more than 30 contract schools, plus up to 5 contract turnaround schools. http://www.ilga.gov/legislation/96/SB/PDF/09600SB0612lv.pdf Title: S.B. 612 Source: www.ilga.gov IL Signed into law 07/2009 P-12 Creates, in accordance with the goals outlined in the federal American Recovery and Reinvestment Act of 2009, the Innovation, Intervention, and Restructuring Task Force to develop recommendations for the innovation, intervention, and restructuring of schools, including those that need comprehensive or focused intervention as defined by the state's proposal for participation in the No Child Left Behind differentiated accountability pilot project. Directs the task force to compile data, study and report on the following: (1) Ways in which the state can identify schools requiring more intensive intervention (2) Strategies for strengthening leadership at struggling schools and otherwise strengthening school district capacity to effectively implement reforms and ensure continuous improvement (3) Strategies that have been involved in successful turnaround efforts and a template for evaluating turnaround efforts (4) The autonomies, resources, and support that need to be available to achieve and maintain over time a successful turnaround (5) Mechanisms for model innovations to be captured and shared across the state (6) The amount of funding necessary to accomplish any and all strategies included in the task force's recommendation (7) The identification of any statutory or regulatory changes that would be necessary or helpful to promote successful innovation, intervention and restructuring. Requires the task force to compile relevant data in developing its recommendations, and to seek input from various specified stakeholders. Directs the task force to submit a comprehensive report to the governor, the general assembly and the state superintendent of education by December 31, 2009. http://www.ilga.gov/legislation/96/SB/PDF/09600SB2119lv.pdf Title: S.B. 2119 Source: www.ilga.gov/legislation OH Adopted 06/2009 P-12 Rescinds and adopts new rules relating to school building and district improvement planning, parent notification and intervention. Requires districts and schools identified for improvement to be categorized as low support, medium support or high support based upon the aggregate percentage of students that do not meet adequate yearly progress in reading and math. Establishes differentiated required actions for districts and buildings that have been identified as low, medium or high support. Establishes notification requirements for parents of students in low, medium and high support schools and districts. Adds that, in the case of a school or district that has failed to comply with specified accountability provisions, the department may withhold up to 10% of the school or district's Title I funds, and up to 5% of the school or district's annual foundation payment. Specifies funds may be withheld through the end of the current fiscal year or six months, whichever is longer, and may continue to be withheld each year until the school or district demonstrates compliance. Provides the the state superintendent of public instruction may require that districts and buildings provide documentation related to the implementation of the requirements of sections 3302.04 and 3302.041 of the Revised Code, including parent notifications and communications. http://www.registerofohio.state.oh.us/pdfs/3301/0/56/3301-56-01_PH_FF_N_RU_20090615_1020.pdf Title: OAC 3301-13-01, -02, -37-01 thru -12, -56-01 Source: www.registerofohio.state.oh.us OK Signed into law 05/2009 P-12 Requires district boards of education for schools identified for improvement for a specified number of consecutive years to implement alternative governance arrangements; provides that such arrangements include reopening the school as a public charter school, replacing the school staff, entering into a contract with a private management company, and other arrangements; provides that the state board of Education shall retain all funds that would have been allocated to the school upon failure to comply. http://webserver1.lsb.state.ok.us/2009-10bills/SB/SB268_ENR.RTF Title: S.B. 268 Source: http://webserver1.lsb.state.ok.us OK Signed into law 05/2009 P-12 Requires schools identified as not making Adequate Yearly Progress to utilize school support team assistance; provides that the support team shall assist the school in incorporating strategies that will strengthen the core academic subjects and address specific academic issues, incorporating strategies to promote high quality professional development, and training teachers to analyze classroom and school-level data. http://webserver1.lsb.state.ok.us/2009-10HB/HB1461_int.rtf Title: H.B. 1461 Source: http://webserver1.lsb.state.ok.us TN Signed into law 06/2008 P-12 Outlines procedures to be followed re: schools identified as in improvement. http://www.legislature.state.tn.us/bills/currentga/Chapter/PC1006.pdf Title: H.B. 4148 Source: http://www.legislature.state.tn.us/bills/currentga/Chapter/PC1006.pdf NY Adopted 06/2008 P-12 Establishes allowable programs and activities, criteria for public reporting by school districts of their total foundation aid expenditures, and other requirements for purposes of preparation of contracts for excellence by certain specified school districts. Pages 6-11 of 27: http://www.dos.state.ny.us/info/register/2008/mar5/pdfs/rules.pdf Title: Title 8 NYCRR Sections 100.13 and 170.12 Source: Lexis-Nexis/StateNet NY Adopted 01/2008 P-12 The board of regents has readopted, by emergency action effective January 22, 2008, the emergency rule adopted at the September 10, 2007 Regents meeting, and readopted at the October 23, 2007 Regents meeting, that added a new section 100.13 and amended section 170.12 of the Commissioner's Regulations. The rule is necessary to implement the Education Law section 211-d to establish allowable programs and activities, criteria for public reporting by school districts of their total foundation aid expenditures, and other requirements for purposes of preparation of contracts for excellence by certain specified school districts. Pages 9- of 33: http://www.dos.state.ny.us/info/register/2008/feb6/pdfs/rules.pdf Title: Title 8 NYCRR Sections 100.13 and 170.12 Source: www.dos.state.ny.us 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 TX Adopted 12/2007 P-12 Adopts new 19 TAC Chapter 97, Planning and Accountability, Subchapter EE, Accreditation Status, Standards, and Sanctions. The new subchapter defines the accreditation statuses of Accredited, Accredited-Warned, Accredited-Probation, and Not Accredited-Revoked and states how accreditation statuses will be determined and assigned to school districts. The adopted rules also establish accreditation standards and sanctions, including definitions, purpose, technical assistance teams, campus intervention teams, reconstitution, campus closure, alternative management, intervention stages, and oversight appointments. The adoption reflects changes required by House Bill (HB) 1, 79th Texas Legislature, Third Called Session, 2006, which amended the TEC, Chapter 39, Public School System Accountability. As a result of these changes, these new rules were adopted to implement the changes. New 19 TAC §97.1053, Purpose, states the statutory purposes of accreditation statuses and sanctions. The adoption also explains that the accreditation status assigned to a district under this new subchapter reflects performance beginning with the district's 2006 ratings; however, performance for earlier years would be considered for the purposes of accreditation sanctions. New 19 TAC §97.1063, Campus Intervention Team; Reconstitution, implements the provisions of HB 1 related to campuses rated Academically Unacceptable under the state academic accountability rating system and the assignment of a CIT to those campuses. Additionally, the section outlines the obligation of certain principals to participate in the school leadership pilot program required under the TEC, §11.203, and the district's responsibility for covering costs associated with the program. The section also defines the timeline under which a campus can and/or will be ordered to undergo reconstitution. In addition, the adopted new rule describes the activities in which the district, campus, and the CIT must engage to facilitate the reconstitution, including timelines and activities related to the retention or removal of campus educators, including the principal. The adopted new rule also discusses circumstances under which the TEA may assign a monitor, conservator, management team, or board of managers to the campus to ensure the implementation of its school improvement/reconstitution plan and when the TEA may order alternative management or closure of the campus. codifies intervention and sanction processes in place under the Performance-Based Monitoring (PBM) system. The adopted rule describes intervention activities, notification processes for PBM intervention staging, and possible interventions and/or sanctions that may be implemented under the PBM system. Includes other details of related provisions. http://www.tea.state.tx.us/rules/commissioner/adopted/1207/97ee-ltradopt.html Title: 19 TAC Chapter 97 Source: http://www.tea.state.tx.us NY Emergency Rule Extension 11/2007 P-12 Readopts, by emergency action effective November 25, 2007, the emergency rule adopted at the September 10, 2007 Regents meeting that added a new section 100.13 and amended 170.12 of the Commissioner's Regulations. http://www.dos.state.ny.us/info/register/2007/dec12/pdfs/rules.pdf Title: Title 8 NYCRR Sections 100.13 and 170.12 Source: Lexis-Nexis/StateNet LA Adopted 11/2007 P-12 In accordance with R.S. 49:950 et seq., the Administrative Procedure Act, the Board of Elementary and Secondary Education has amended Bulletin 111—The Louisiana School, District, and State Accountability System (LAC Part Number LXXXIII). The changes in §301 expand the criteria for schools considered at risk of failing to be furnished with accountability data during the preliminary release. The changes in §1101 simplify the criterion for schools with school performance scores of 120 or greater being exempt from Academic Assistance (AA) status. The changes for §1403 simplify the criterion for schools to enter AA and describe circumstances under which and procedures by which districts may request waivers of AA status to the Louisiana Department of Education. The changes for §§1405 and 1407 update the criterion by which schools enter and exit AA and reduce the number of higher-performing schools identified for AA with the expected outcome being that LEAs will focus more resources on their schools that are not adequately growing toward the 2014 goal of a School Performance Score of 120. There are no estimated implementation costs (savings) to state or local governmental units as a result of these changes. Title: LAC 28:CXI.2007, Bulletin 118 Source: http://www.doa.louisiana.gov/osr/reg/0711/0711.doc NY Adopted 07/2007 P-12 Establishes allowable programs and activities, criteria for public reporting by school districts of their total foundation aid expenditures, and other requirements for purposes of preparation of contracts for excellence by certain specified school districts. Pages 16-19 of 48: http://www.dos.state.ny.us/info/register/2007/aug15/pdfs/rules.pdf Title: Title 8 NYCRR Sections 100.13 and 170.12 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 OR Signed into law 07/2007 P-12 Requires state superintendent to assign school ratings. Requires schools rated as in need of improvement to file school improvement plan. Such plans must include: (a) A rigorous curriculum aligned with state standards; (b) High-quality instructional programs; (c) Short-term and long-term professional development plans; (d) Programs and policies to achieve a safe educational environment; (e) A plan for family and community engagement; (f) Staff leadership development; (g) High-quality data systems; (h) Improvement planning that is data-driven; (i) Education service plans for students who have or have not exceeded all of the academic content standards; (j) A review of demographics, student performance, staff characteristics and student access to, and use of, educational opportunities; and (k) District efforts to achieve local efficiencies and efforts to make better use of resources. http://www.leg.state.or.us/07reg/measpdf/hb2200.dir/hb2263.c.pdf Title: H.B. 2263C -- Improvement Plan Components Source: http://www.leg.state.or.us PA Signed into law 07/2007 P-12 These provisions set parameters for how staff of a "distressed" district in which pupils have been reassigned to another district are to be hired. For example, employees go into a pool and are to be offered employment by bordering districts whenever there is a vacancy to fill, provided no employee within the district with the vacancy is certified to fill the position. Section 14 (Section 1607.1) gives the secretary authority to designate two or more districts that must accept on a tuition basis the high school students from a distressed district -- so long as the designated district's border is no more than three miles from the distressed district's border. (Defines as a district that has operated under a special board of control or has been placed on the education empowerment list.) Sets mechanisms for how high school students from distressed school districts are reassigned. Sets tuition rates for receiving districts and requires distressed districts to provide transportation. Section 16 (Section 1704.1-B) authorizes a district superintendent to recommend to the board of school directors dismissal of a management employee for unsatisfactory performance or wilful misconduct. Section 18 (Section 1707-B(b) is amended to change the membership of a board of control in an education empowerment district from five to seven residents of the district -- five of whom are appointed by the mayor and two elected by and from the members of the elected board of school directors. http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=PDF&sessYr=2007&sessInd=0&billBody=H&billTyp=B&billNbr=0842&pn=2347 Title: H.B. 842, Sec. 5 (Section 113 (c) of the Act) Source: http://www.legis.state.pa.us SC Veto overridden: legislature has overridden governor's veto 06/2007 P-12 Adds a new section (59-18-1600) to provide that a school that has received an unsatisfactory absolute academic performance rating on its most recent report card to offer an orientation class for parents to focus on certain issues (the value of education, discipline, for example), to provide for written notification to parents about the date and time of the class, and to provide that a parent or guardian of each student registered to attend the school attend the orientation class. http://www.scstatehouse.net/sess117_2007-2008/bills/3254.htm Title: H.B. 3254 Source: http://www.scstatehouse.net OK Signed into law 06/2007 P-12 Relates to the Academic Achievement Award (AAA) program: expanding the program to the top four schools in each category; adding an award for schools that achieve a certain Academic Performance Index (API) score; directing the state board to make certain determination; limiting number of awards for which a school can qualify; specifying amount of monetary award paid to each qualified employee; modifying definition of qualified employees. http://webserver1.lsb.state.ok.us/2007-08bills/HB/HB1593_ENR.RTF Title: H.B. 1593 Source: http://webserver1.lsb.state.ok.us TN Signed into law 06/2007 P-12 During the first year a system or school is on probation, the commissioner of education shall: (A) Have the authority to approve a school system's allocation of financial resources to a system or school on probation; (B) Have the authority to appoint a local community review committee to approve and monitor the school improvement plan; and (C) Implement at least one (1) or more of the following corrective actions: (i) Replace or reassign staff; (ii) Mandate a new, research based curriculum; (iii) Significantly decrease management authority at the school; (iv) Appoint instructional consultants; and (v) Reorganize the internal management structure. Effective with school year 2007-2008, each school and LEA shall include in their annual school improvement plans specific goals for improvement, including, but not limited to, school performance on value added assessment and other benchmarks for student proficiency, graduation rates and ACT scores where applicable, and student attendance. School improvement plans shall also identify areas of strengths and weakness as well as strategies to improve areas of weakness, how additional funds provided through the BEP as the result of changes made in the BEP formula for school year 2007-2008 will be used to address these areas and how the LEA will measure the improvements supported by these funds. Such strategies may include, but are not limited to: (1) Developing school or content-based professional development; (2) Developing teacher induction programs; (3) Increasing the number of reading and math specialists; (4) Increasing classroom equipment and supplies; (5) Reducing class size; (6) Using targeted tutoring and remediation; (7) Increasing numbers of school counselors and social workers; (8) Providing principal professional development; (9) Using enhanced technology for remediation and re-testing; (10) Employing school attendance officers; (11) reorganizing the school day instructional time; and (12) Implementing a standards based curriculum and associated instructional strategies. Requires the office of education accountability to review a sample of system and school improvement plans, determine what actions were taken in response to the annual plans, and report the results of its review to the select oversight committee on education and the house and senate education committees. (1) Makes it discretionary, rather than mandatory, that principals' performance contracts provide for bonuses beyond base salary if performance standards are exceeded; (2) Removes the requirement that when a principal exercises the authority to make staff decisions regarding administrative personnel for the principal must do so "pursuant to local school board policy"; (3) Removes authorization for a principal's designee to provide assessments to teachers. The principals will be required to provide the written assessments and meet with teachers to discuss the assessments; and (4) Removes the requirement that the contract entered into between a school board and a director of schools specify duties other than those prescribed by statute and that it contain performance standards including, but not limited to, school system performance on value added assessment and other benchmarks for student proficiency, graduation rates and ACT scores where applicable, and student attendance. Also removes the requirement that the contract provide for consequences when such standards are unmet and provide for bonuses if performance standards are exceeded. Requires the state board to develop the guidelines for differentiated pay plans by December 31, 2007, and requires each LEA to implement a differentiated pay plan before the beginning of the 2008-2009 school year. Requires the report card or assessments of the effectiveness of teacher training programs to be issued by November 1 of each year. Requires the first report cards or assessments to be issued no later than November 1, 2008. http://www.legislature.state.tn.us/bills/currentga/Chapter/PC0376.pdf Title: H.B. 472 Source: http://www.legislature.state.tn.us AK Adopted 06/2007 P-12 Deals with the consequences of not demonstrating adequate yearly progress. Adds additional corrective action that may be taken by the department if a school district is designated Level 4. ALASKA 3497 http://touchngo.com/lglcntr/akstats/AAC/Title04.htm Title: 4 AAC 06.840(k), (l) Source: http://touchngo.com/lglcntr/akstats NY Signed into law 04/2007 P-12 Adds new sections 211 (see separate record), 211-a, 211-b and 211-c to the education code. Section 211-a: Directs the regents, by the beginning of the 2008-2009 school year, to establish an interim, modified accountability system for schools and districts that is based on a growth model, using existing state assessments. Directs the regents to proceed with the development of an enhanced accountability system, with new or revised state assessments, based on an enhanced growth model that includes a value-added assessment model that employs a scale-score approach to measure growth of students at all levels. Directs the regents, by July 1, 2008, to establish targets for school and district improvement, based on performance on state assessments, graduation rates, and other indicators, such as student retention rates and college attendance and completion rates. Section 211-b: Directs the regents to expand the scope and improve the effectiveness of the schools under registration review (SURR) process in the 2007-2008 school year and thereafter, to ensure that all schools that meet the criteria for identification as SURR are identified as such. Provides that the goal of such expansion is to identify as SURR up to 5% of the schools in the state within four years, and to reorganize or restructure such schools as appropriate. Also directs the regents to develop a plan for increased support and possible intervention in schools in improvement, corrective action, or restructuring status or in SURR status. Directs the regents to establish a two-step process as follows: (1) The appointment by the commissioner of a school quality review team to assist any school in school improvement, corrective action, or restructuring status or in SURR status in developing and implementing a plan for the school. Provides that such team may also conduct resource and program and planning audits and examine the quality of curriculum, instructional plans, and teaching in the schools, the learning opportunities and support services available to students, and the organization and operations of the school. Requires the team, after such review, to provide diagnostic recommendations for school improvement, which may include administrative and operational improvements. (2) The appointment by the commissioner of a joint school intervention team, for schools in restructuring or SURR status that have failed to demonstrate progress as specified in their corrective action plan or comprehensive education plan. Provides that the team must include administrators and educators from the district or charter school, as well as any distinguished educator appointed to the district (see section 211-c). Provides the team must assist the district in developing, reviewing and recommending plans for reorganizing/reconfiguring such schools. Provides that in both steps of the process, the reasonable and necessary expenses incurred in the performance of the team's duties is to be a charge of the district or charter school that operates the school. Provides that a district that has been identified as requiring academic progress as defined in regulation, or includes one or more schools under registration review, in need of improvement, in corrective action or restructuring status must submit a district improvement plan to the commissioner for approval. Requires that, in formulating the district improvement plan, the district must consider redirecting resources in the identified schools to programs and activities included in the menu of options in section 211-d, subdivision 3. Requires that, if such options are not adopted in the district improvement plan, the district must provide the commissioner with an explanation of such decision, which the commissioner must consider in determining whether to approve the plan. Directs the commissioner to develop a plan for intervention in schools under restructuring or SURR status that fail to demonstrate progress on established performance measures and may be targeted for closure. Requires such plan to specify criteria for school closure and include processes to be followed, research-based options, and alternatives and strategies to reorganizing, restructuring or reconfiguring schools. Requires such plan to be developed with input from administrators, teachers and individuals identified as distinguished educators. Directs the regents to ensure that all districts include in any contract of employment with a superintendent, community superintendent or deputy, assistant, associate or other superintendent a provision that the superintendent is required to fully cooperate with any distinguished educator appointed by the commissioner. In the case of a charter school, the contract of employment with the principal or other chief school officer of the charter school must include this provision. Section 211-c: Directs the regents to establish a distinguished educator program that recognizes educational leaders who have agreed to assist in improving the performance of low-performing school districts. Provides that principals, superintendents and teachers, including retirees, under whose leadership schools have demonstrated consistent growth in academic performance and other individuals who have demonstrated educational expertise, including superior performance in the classroom, are eligible for designation as distinguished educators. Provides that employees of for-profit entities are not eligible for such recognition. Directs the commissioner to appoint, from the pool of distinguished educators established by the regents, distinguished educators who have expressed their willingness to assist low-performing districts in improving their academic performance. Directs the commissioner to appoint, to the extent practicable, distinguished educators to assist districts with comparable demographics to the schools or districts under the educator's leadership. Authorizes the commissioner to appoint a distinguished educator to a district when the district or a school has failed to make adequate yearly progress for four or more years and/or as a member of a joint school intervention team (as defined above). Requires the district to which a distinguished educator is appointed to cooperate fully with an appointed distinguished educator. Provides that an appointed distinguished educator must assess the learning environment of schools in the district, review or provide assistance in the development and implementation of any district improvement plan an/or any corrective action, restructuring or comprehensive plan of any school in the district to which the distinguished educator is assigned. Provides that the distinguished educator must either endorse without change or make recommendations for modifications to any such plan to the board of education, trustees or chancellor in New York City and the commissioner. Provides that, upon receipt of any recommendations for modification, the board, trustees or chancellor must either modify the plans accordingly or provide a written explanation to the commissioner of its reasons for not adopting such recommendations. Provides the commissioner must direct the district to modify the plans as recommended by the distinguished educator unless the commissioner finds the district's written explanation has compelling merit. Provides that appointed distinguished educators are to be ex-officio, nonvoting members of the board of education or trustees. Provides that in New York City, an appointed distinguished educator is to be an ex-officio, non-voting member of the community district education council or the city board, as applicable. Provides that reasonable and necessary expenses incurred by an appointed distinguished educator must be paid by the district. Provides that if an appointed distinguished educator is employed by a district or charter school, the board of education or trustees of the school district, New York City chancellor, or the charter school's board of trustees must grant reasonable leave requests and otherwise accommodate the distinguished educator's efforts, to the extent such efforts do not substantially interfere with the educator's performance of his/her regular duties. http://assembly.state.ny.us/leg/?bn=S02107&sh=t Title: S.B. 2107 - Part A, Section 1 Source: assembly.state.ny.us 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 AR Signed into law 03/2007 P-12 Provides a major revision of the Public Charter School Law. Amends Public Charter School Law to allow for obtaining conversion public charter school status, open-enrollment public charter school status, or limited public charter school status. Defines the three types. Allows for conversion of school to charter status as a probationary measure for failure to meet academic or fiscal performance criteria. Limits open-enrollment in public school district until after the third year of the administrative reorganization. Grants open-enrollment public charter school the right of first refusal to purchase or lease for fair market value a closed public school facility or unused portion of a public school facility from which it draws its students. (Act. No. 736) http://www.arkleg.state.ar.us/ftproot/bills/2007/public/HB1504.pdf Title: H.B. 1504 Source: http://www.arkleg.state.ar.us MS Signed into law 03/2007 P-12 Revises and clarifies sanctions applicable to schools and districts which are under conservatorship due to a declaration of an emergency or designation as a priority school. Clarifies that the state board my abolish and assume control of a school or district. Provides for the calling of a special election on retention of local school board superintendent or board members. Directs state board to report to legislature on inclusion of graduation rate and dropout rate in the school level accountability system. Authorizes state board to contract with appropriate private entity to perform management oversight functions. http://billstatus.ls.state.ms.us/documents/2007/html/SB/2900-2999/SB2960SG.htm Title: S.B. 2960 Source: http://billstatus.ls.state.ms.us IL Adopted 03/2007 P-12 Provides that, for purposes of compliance with 105 ILCS 5/2-3.25d (which requires all school and district improvement plans to be developed in collaboration with "outside experts,") the requirement for collaboration with "outside experts" in the development of revised school and district improvement plans shall be met through the involvement of a school support team as defined in NCLB, Section 1117(a)(5), or by involving one or more other individuals who would qualify as members of a school support team pursuant to that definition. Deletes references to district restructuring plans in order to conform to the No Child Left Behind (NCLB) Act. Pages 163-177 of 220: http://www.cyberdriveillinois.com/departments/index/register/register_volume31_issue13.pdf Title: 23 IAC 1 (Subpart A-F) Source: www.cyberdriveillinois.com AK Rule Adoption 08/2006 P-12 Deals with NCLB by adding new sections concerning corrective actions for school districts that are designated for corrective action and a new section addressing procedures for receipt and resolution of program complaints in the administration of NCLB. Title: 4 AAC 06.840, .888 Source: Lexis-Nexis/StateNet LA Signed into law 06/2006 P-12 Repeals R.S. 17:10.6(C) and (D). Section (C) limited the power of local boards of districts identified as academically in crisis. Section (D) removed the power of such boards to contract or employ a superintendent or terminate the contract or employment of the incumbent superintendent. http://www.legis.state.la.us/billdata/streamdocument.asp?did=406149 Title: H.B. 310 Source: www.legis.state.la.us 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 IL Signed into law 06/2006 P-12 Deletes existing provisions related to the approval of a district improvement plan for a district on academic early warning status or watch status. Replaces with language clarifying that such plans must be approved by the school board. Requires all districts required to revise a School Improvement Plan to establish a peer review process for the evaluation of School Improvement Plans. Requires parents and outside experts to be included in the development of all revised school and district improvement plans. Pages 6-12 of 49: http://www.ilga.gov/legislation/94/SB/PDF/09400SB2829lv.pdf Title: S.B. 2829 - School/District Improvement Plans Source: www.ilga.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 FL Signed into law 05/2006 P-12 School boards must annually approve improvement plans for all schools that address student achievement goals and strategies based on state and school district proficiency standards. The plans must include an accurate, data-based analysis of student achievement and other school performance data. Beginning with plans approved for implementation in the 2007-2008 school year, each secondary school plan must include a redesign component based on the principles established in the High School Redesign Act. For each school in the district that earns a school grade of "C" or below, or is required to have a school improvement plan under No Child Left Behind, the school improvement plan shall, at a minimum, also include: 1. Professional development that supports enhanced and differentiated instructional strategies to improve teaching and learning. 2. Continuous use of disaggregated student achievement data to determine effectiveness of instructional strategies. 3. Ongoing informal and formal assessments to monitor individual student progress, including progress toward mastery of the Sunshine State Standards, and to redesign instruction if needed. 4. Alternative instructional delivery methods to support remediation, acceleration, and enrichment strategies. http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h7087er.doc&DocumentType=Bill&BillNumber=7087&Session=2006 Title: H.B. 7087 (Section 11) Source: Florida Legislature IL Adopted 04/2006 P-12 Modifies deadline for a district's status appeal to within 30 days of receipt of notification from the state board of the school's or district's status level, recognition level, or corrective action, OR by September 1 of the calendar year in which the notification occurs, whichever occurs later. This addition of the September 1 option allows districts receiving notification during summer vacation to confer with necessary staff before deciding whether to proceed with an appeal. (pages 483-492 of 705 http://www.cyberdriveillinois.com/departments/index/register/register_volume30_issue18.pdf) Title: 23 IAC 1.95 Source: www.cyberdriveillinois.com 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 MD Veto overridden: legislature has overridden governor's veto 04/2006 P-12 Prohibits the State Board of Education and the State Superintendent of Schools from imposing a certain restructuring of a governance arrangement of specified schools in Baltimore City or from removing a public school from the direct control of the City Board of School Commissioners; makes repeals, enacts and amendments. http://mlis.state.md.us/2006rs/bills/hb/hb1215e.pdf Title: H.B. 1215; S.B. 914 Source: Maryland Legislature GA Signed into law 12/2005 P-12 Makes the department responsible for the implementation of a single statewide system of accountability. Adds school systems to the system of review and accountability. Strikes subparagraph (D) of paragraph (6) of subsection (a) of Code Section 20-14-41, relating to appropriate levels of intervention for failing schools, and inserts in lieu thereof the following: (D) Mandate that the parents have the option to relocate the student to other public schools in the local school system to be chosen by the parents of the student with transportation costs borne by the system from a list of available options provided by the local school system. The local school system is to provide transportation for students in Title I schools in accordance with the requirements of federal law. The local school system may provide transportation for students in non-Title I schools. In any year in which the General Assembly does not appropriate funds for the provision of transportation to non-Title I students, the parents assume responsibility for the transportation. http://www.legis.state.ga.us/legis/2005_06/pdf/sb35.pdf Title: S.B. 35 Source: http://www.legis.state.ga.us LA Signed into law 11/2005 P-12 Establishes procedures for identifying underperforming schools to be transferred to the Recovery School District. Requires the Recovery School District to provide all educational services to students in transferred schools. Requires the recovery district to develop and present to the state board a plan for the operation of all schools transferred, within six months after the transfer of a school to the recovery district. Sets forth mandatory components of a plan. Mandates that the recovery district retain jurisdiction over any school transferred to it for at least five school years. Requires the recovery district to report to the state board on specified indicators no later than nine months prior to the expiration of the five-year period, and to recommend whether the school should be (aa) Continued in the recovery district pursuant to its reported operational status; continued in the recovery district with a change in its operational status and the nature of the recommended change; closed; or returned to the administration and management of the transferring system with proposed stipulations and conditions for the return. Authorizes the district to manage and retain specified funding; relates to Type 5 charter schools; prohibits members of certain school boards from also being members of the governing board of certain Type 5 charter schools. States that on and after November 15, 2008, no additional schools shall be transferred to the jurisdiction of the recovery district. http://www.legis.state.la.us/billdata/streamdocument.asp?did=329650 Title: H.B. 121A Source: www.legis.state.la.us, 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 OK Emergency Rule Adoption 08/2005 P-12 Establishes the submission date for the Plan to the Board of Education for school districts with one or more school sites which are identified for school improvement. No later than three months after being identified as a school in need of school improvement districts shall submit to the State Board of Education the following plans. (1)    Comprehensive Local Education Plan required by 70 O.S. § 3-104.2. (2)    School Improvement Plan required by 70 O.S. § 5-117.4. (3)    Professional Development Plan required by 70 O.S. § 6-194. (4)    Capital Improvement Plan as required in 70 O.S. § 18-153. (5)    Reading Sufficiency Plan required by 70 O.S. § 1210.508C. Title: OAC 210:15-8-1, -2 Source: Oklahoma Secretary of State OK Adopted 08/2005 P-12 Sets Forth the Six Year Comprehensive Local Education Plan.No later than three months after being identified as a school in need of school improvement districts is required to submit to the State Board of Education the following plans. (1)    Comprehensive Local Education Plan required by 70 O.S. § 3-104.2. (2)    School Improvement Plan required by 70 O.S. § 5-117.4. (3)    Professional Development Plan required by 70 O.S. § 6-194. (4)    Capital Improvement Plan as required in 70 O.S. § 18-153. (5)    Reading Sufficiency Plan required by 70 O.S. § 1210.508C. OKLAHOMA 13815 http://www.oar.state.ok.us/register/Volume-23_Issue-03.htm#a34087 Title: OAC 210:15-8-1, -2 Source: http://www.oar.state.ok.us OK Adopted 08/2005 P-12 Implements the Academic Achievement Award Program. OKLAHOMA 13819 Title: OAC 210:20-26-1, -2, -3 Source: Lexis-Nexis/StateNet 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 GA Adopted 07/2005 P-12 Clarifies rules regarding the statewide accountability system, including definitions, profiles and awards and school- and district-level consequences. Also sets forth state audit and record retention requirements for schools and districts. http://www.doe.k12.ga.us/_documents/doe/legalservices/160-7-1-.04.pdf Title: GAC 160-7-1-.01 thru -.04 Source: www.doe.k12.ga.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 AR Signed into law 04/2005 P-12 Creates the Arkansas Online Professional Development Initiative. Requires the director of the department of education to prioritize identified teacher professional development needs and develop a statewide online professional development program. Requires online professional development courses to be aligned with (1) the required focus areas identified in the state board rules governing professional development and the Arkansas Comprehensive, Testing, Assessment, and Accountability Program, (2) clear, specific and challenging academic content areas; (3) the state curriculum frameworks. Additionally requires the courses to be (1) researched-based and available from sources with expertise in technology-delivered professional development courses; (2) consistent with the Southern Regional Education Board Multi-State Online Professional Development Standards in existence on January 1, 2005; (3) focused on improving student academic achievement by improving a teacher's academic and teaching knowledge and skills. Requires courses to include an assessment at the end of the program to measure each certified person's level of understanding and ability to implement or apply the information presented in the program. Requires any provider of technology-delivered professional development under the Arkansas Online Professional Development Initiative to demonstrate an ability to successfully deliver technology-delivered products and services. Requires the initiative to include a method for the department of education, the Arkansas Educational Television Network, school districts, schools and certified personnel to annually evaluate the effectiveness of the Arkansas Online Professional Development Initiative and its on-line professional development course and programs. Authorizes the department, beginning with the 2006-2007 school year, to include as part of a school improvement plan guidelines for the professional development programs to be delivered to the certified personnel employed by a school in school improvement status or a school district in school improvement status or academic distress. Authorizes the department to require the participation and completion of professional development courses or programs by certified personnel in the school or district as part of the school improvement plan. States that certified personnel employed by any school in school improvement or school district in school improvement or academic distress must participate in, complete, and pass the assessment for the professional development requirements included in the school's or district's school improvement plan. http://www.arkleg.state.ar.us/ftproot/bills/2005/public/hb2489.pdf Title: H.B. 2489 Source: www.arkleg.state.ar.us AR Signed into law 03/2005 P-12 Creates the Arkansas Leadership Academy School Support Program to train principals and teachers in schools and districts designated as being in school improvement. Specifies that any school district in school improvement may be invited, strongly encouraged, or required to participate in the program as provided in the rules of the state board of education. Requires participating schools to remain in the program for at least three consecutive school years. http://www.arkleg.state.ar.us/ftproot/bills/2005/public/HB2434.pdf Title: H.B. 2434 Source: www.arkleg.state.ar.us 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 VA Emergency Rule Adoption 02/2005 P-12 Outlines the process and procedures for conducting the division-level academic review and submitting the corrective action plan to the Board of Education. Addresses the criteria for selection for the division- level academic review and improvement plans.. VIRGINIA REG 5136 (SN) Title: 8 VAC 20-700-10 thru -50 Source: StateNet 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 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 Provides that a school participating in the High Priority Schools Grant Program that received a planning grant in the 2001-02 fiscal year is eligible to receive program funding in only the 2002-03, 2003-04 and 2004-05 fiscal years. http://www.leginfo.ca.gov/pub/bill/asm/ab_1951-2000/ab_1987_bill_20040924_chaptered.pdf Title: A.B. 1987 Source: StateNet CA Signed into law 09/2004 P-12 Requires the state department of education to identify and notify local educational agencies that are in danger of being identified within three to four years as program improvement local educational agencies under the federal No Child Left Behind Act of 200. Requires the department to provide those local educational agencies with research-based criteria to conduct a voluntary self-assessment using department-provided materials and criteria based on current research. Requires the department to invite any local education agency at risk of being identified for program improvement within two years to participate in the Prevention of Local Education Agency Intervention Program, hereby created, which includes a self-assessment as well as follow-up procedures. Requires a local education agency identified for program improvement under NCLB to (1) conduct a self-assessment using the department-provided materials and criteria, (2) contract with a county office of education or another external entity for specified assistance, (3) expeditiously implement the LEA plan based on the self-assessment findings, and (4) contract with an external provider for technical assistance. Specifies possible sanctions against a local education agency identified for corrective action under NCLB and that did not accept a supplemental grant, as well as sanctions against a local education agency identified for corrective action under NCLB and that did accept a supplemental grant. Authorizes state superintendent to require a local education agency to contract with a district assistance and intervention team to aid a local educational agency. Provides additional funding to local educational agencies for schools identified as program improvement schools or potential program improvement schools under the federal No Child Left Behind Act of 2001, with certain requirements. http://www.leginfo.ca.gov/pub/bill/asm/ab_2051-2100/ab_2066_bill_20040918_chaptered.pdf Title: A.B. 2066 Source: www.leginfo.ca.gov SC Signed into law 07/2004 P-12 Authorizes the state board to implement a training program for the school district board of trustees and the district superintendent; authorizes the state board to act as a mediator of personnel issues between the district board and district superintendent; provides that the education oversight committee recruit and train citizens to form a pool for the appointment of nonvoting members to the district board. http://www.scstatehouse.net/sess115_2003-2004/bills/90.htm Title: S.B. 90 Source: http://www.scstatehouse.net 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 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 LA Signed into law 06/2004 P-12 Defines "academically in crisis" district and "academically unacceptable" school. Requires state superintendent to notify the state board, the president of the local board and the local superintendent when a district is found to be academically in crisis. Limits authority of notified local board. Gives notified local superintendent sole and exclusive authority for all other policy, operation and other matters. Limits notified local superintendent's contract to five years. Requires local superintendent, within 180 days of notification, to submit a report to the local board, state board and legislative auditor on the benefits of outsourcing all or some of the district's financial operations. Within 120 days of notification, local superintendent must develop a structured system improvement plan with specified content and submit the plan to the state board for approval. Upon approval of plan, the superintendent must report quarterly to the state and local boards on the progress of implementing the plan. Bars board of "academically in crisis" district from contracting or employing a superintendent or terminating the contract or employment of the incumbent superintendent unless by at least two-thirds vote of the board, and specifies that notified superintendent may receive no salary decrease while district is academically in crisis. Specifies method by which superintendent must be replaced in event of termination of notified superintendent. Requires notified local board to contract with an independent licensed certified public accountant to conduct an audit of the district finances and financial practices. The audit report must be submitted to the local board, the local superintendent and the legislative auditor. Specifies action to be taken following submission of audit report. Requires state superintendent to provide to academically in crisis district a team of distinguished educators to provide a team of distinguished educators to provide expertise, direction and support to the district. A district identified as academically in crisis must continue to be identified as such until student academic performance improves sufficiently to release the district from identification, and all audit findings are corrected. http://www.legis.state.la.us/leg_docs/04RS/CVT7/OUT/0000LRSN.PDF Title: H.B. 1659 Source: www.legis.state.la.us TN Signed into law 06/2004 P-12 Chapter No. 832. Renames low performing schools and school districts as high priority schools and school districts; allows the commissioner to award grants to individual school systems of up to $50,000, to LEAs for planning and implementation purposes. Allows the commissioner to authorize up to 24 school systems to operate as innovative educational programs which emphasize school-based decision making and the creation of small learning communities. Provides that a school operating an innovative education program is not a charter school and cannot convert to a charter school after being authorized to conduct an innovative education program. http://www.legislature.state.tn.us/bills/currentga/Chapter/PC0832.pdf Title: H.B. 1175 Source: http://www.legislature.state.tn.us OH Rule Adoption 05/2004 P-12 Rescinds rules pertaining to process and indicators used to identify excellent schools and districts, corrective action plans, state monitors, and academic watch and academic emergency districts. Amends rules regarding provisions for granting exemptions from state statutory provisions and rules. Proposes new rules regarding school building and district improvement planning, parent notification, and consequences procedures. OHIO REG 11285 (SN) Title: OAC 3301-15-01 thru -05, -56-01 Source: StateNet 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 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 Modifies provisions. When the state board has obtained evidence through the school academic review process that the failure of schools within a division to achieve full accreditation status is related to division level failure to implement the Standards of Quality, the board may require a division level academic review. After the conduct of such review and within the time specified by the board of Education, each school board shall submit for approval by the board a corrective action plan. The board has the authority to mandate or otherwise enforce compliance with such standard, including the development or implementation of any required corrective action plan that a local school board has failed or refused to develop or implement in a timely manner. http://leg1.state.va.us/cgi-bin/legp504.exe?041+ful+HB1294ER Title: H.B. 1294 Source: http://leg1.state.va.us/cgi-bin/legp504.exe?041+ful+HB1294ER 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 WY Signed into law 03/2004 P-12 Modifies statewide student assessment (WyCAS) to conform with NCLB by expanding grades assessed from grades 4, 8 and 11 to grades 3 through 8 and grade 11 commencing with school year 2005-2006, and by expanding assessment subjects from reading, writing and math to include science effective school year 2007-2008; ·         Imposes additional assessment requirements and criteria; ·         Establishes a statewide accountability system providing annual school and district accountability determinations imposing a range of educational consequences as required by NCLB; ·         Continues the statewide task force established in 2003 to work with the state superintendent in continuing development of assessment and accountability systems; ·         Establishes a process for transitioning from WyCAS to a revised assessment system by requiring a pilot testing of the revised assessment in school year 2004-2005 prior to implementation in school year 2005-2006; ·         Requires a transitional accountability plan providing a temporary system of rewards and sanctions for all schools and school districts during school year 2004-2005, with recommendations for a permanent plan to be assembled; ·         Task force and state superintendent work efforts to be reported to the state board of education, management council and joint education interim committee. http://legisweb.state.wy.us/2004/enroll/hb0126.pdf Title: H.B. 126 Source: http://legisweb.state.wy.us WV Signed into law 01/2004 P-12 Requires the state board to adopt system standards, including student performance and progress, school and school system progress, etc. Requires performance measures to incude graduation rate, dropout rate, attendance, student performance; percentage of graduates who enroll in college immediately and within one year; percentage of graduates who receive additional certification or other competence above what was required for graduation. Sets indicators for determining efficiency. Establishes a system of performance audits that are primarily based on achievement information. Requires technical assistance. Establishes rewards for exemplary performance or practices and levels of sanctions for schools performing below standards. Includes restructuring for schools seriously impaired over time. Requires that students be allowed to transfer from seriously impaired schools. Requires intervention in "nonapproval" status districts. Title: H.B. 4111 Source: StateNet AR Signed into law 01/2004 P-12 Adds Ark. Code 6-15-1902(e), 6-15-1907. School receiving annual improving category Level 5 or Level 4 are eligible for school recognition awards and performance-based funding; outlines rewards. http://www.arkleg.state.ar.us/ftproot/bills/2003s2/public/SB33.pdf Title: S.B. 33 § 6 Source: Arkansas Legislative web site AR Signed into law 01/2004 P-12 Adds Ark. Code 6-15-1903, 6-18-227. Students attending schools receiving an annual performance category Level 1 for two consecutive years must be offered a transfer under the Arkansas Opportunity Public School Choice Act of 2004. http://www.arkleg.state.ar.us/ftproot/bills/2003s2/public/SB33.pdf Title: S.B. 33 §§ 6, 7 Source: Arkansas Legislative Web site CO Emergency Rule Adoption 12/2003 P-12 Establishes rules regarding the administration of the School Improvement Plan. COLORADO REG 7620 (SN) http://www.cde.state.co.us/cdeboard/download/bdregs_301-52%20feb04va.pdf Title: 1 CCR 301-52 Source: Colorado State Web site 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 OH Signed into law 08/2003 P-12 Spells out what constitutes school or district status of "excellent," "effective," "in need of continuous improvement," "academic watch" and "academic emergency." Sets out requirements for processes and consequences of failing to meet adequate yearly progress that include provisions for each additional year that AYP is not met. After five consecutive years, for example, these include reopening the school as a community school (charter); replacing personnel; contracting with a nonprofit or for-profit entity to operate the building; turning operation over to the department; otherwise restructuring the buiding's governance. Title: H.B. 3--Section 3302.03 Source: www.legislature.state.oh.us IL Signed into law 08/2003 P-12 Makes changes concerning school recognition standards for student performance and school improvement, recognition levels, rewards and acknowledgements for schools and school districts, academic warning and watch statuses for schools and districts, school and district improvement panels, state interventions, mandate waivers, technical assistance from the state board of education, and an appeals process. http://www.legis.state.il.us/legislation/billstatus.asp?DocNum=878&GAID=3&DocTypeID=SB&LegID=3731&SessionID=3 Title: S.B. 878 Source: Legislative Web site 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 Signed into law 07/2003 P-12 Encourages the governing board of a school district to discuss Standardized Testing and Reporting (STAR) test scores and to analyze the results of those assessments. Authorizes the governing board of a school district with a school not meeting a certain specified standard to conduct an assessment and adopt an improved performance plan. http://www.leginfo.ca.gov/pub/bill/asm/ab_0001-0050/ab_36_bill_20030714_chaptered.html Title: A.B. 36 Source: California Legislative Web site AR Rule Adoption 06/2003 P-12 Requires the development of a single Arkansas comprehensive testing, assessment and accountability program (ACTAAP); ensures all public school students have an equal opportunity to demonstrate grade-level academic proficiency; improves student learning and classroom instruction, and supports high academic standards for all students; requires intervention for students not performing at grade-level; establishes a program for schools districts in academic distress. http://arkedu.state.ar.us/pdf/ade%20188%20actaap.pdf Title: ADE 188 Source: Arkansas State Web site AR Rule Adoption 06/2003 P-12 Establishes rules regarding standards for accreditation of Arkansas public schools; describes the process for how public schools or districts will be cited or placed in probationary status for failure to meet standards of accreditation; establishes enforcement actions that may be applied to public schools or school districts that fail to meet standards of accreditation. http://arkedu.state.ar.us/pdf/standards%20regs.pdf Title: Uncodified Source: Arkansas State Web site NH Became law without governor's signature 06/2003 P-12 Requires state commissioner to make public a list of schools not meeting performance targets. Establishes strategic responses for local education improvement plans. Requires state department to work cooperatively with the school or district(s). Establishes corrective action plans and sets minimum requirements, including: (a) Identify the area in which the school failed to meet the annual statewide performance targets established under RSA 193-H:2. (b) Identify and describe the strategy the school intends to implement to improve its performance. (c) Establish and explain a strategy designed to promote family and community involvement. (d) Detail how the school district budget reflects the goals of the local education improvement plan. Allows other elements, including: (a) The school's curriculum including curricular priorities and instructional materials. (b) Instructional models that incorporate research-based practices that have been proven to be effective in improving student achievement. (c) Formal and informal opportunities to assess and monitor each child's progress. (d) Evidence of data-based decisions. (e) Structural reform strategies that may include schedule, organization, support mechanisms, and resources. (f) Shared leadership structure to support school improvement. (g) Professional development that is aligned with school improvement goals. (h) External support and resources based on their effectiveness and alignment with the school improvement plan. (i) Extended learning activities for students. Repeals and reenacts the duties of the Legislative Oversight Committee to include: I. Review the development and implementation of the school performance and accountability program II. Review the provisions of RSA 193-H and submit a report of such review annually to the speaker of the house of representatives, the president of the senate, the governor, and the chairpersons of the house and senate education committees. III. Propose legislation that is needed. IV. Confer with the commissioner and the state board to identify operational principles which should guide the work of the department of education in supporting improved school performance and accountability. V. Analyze existing department of education programs and initiatives which support improved school performance and accountability. VI. Receive reports from the commissioner regarding the status of public education in New Hampshire, updates on the improvement made by local school districts toward achieving satisfactory progress in statewide student performance under RSA 193-H:2 and status reports on the on-going issues and implications of school accountability at the state and federal level. VII. Review and approve statewide performance targets developed by the department of education and recommended to the legislative oversight committee by the state board of education. VIII. Receive reports from the state board relative to statewide performance targets. Propose legislation to be submitted to establish such statewide performance targets in state statute during the legislative session following the approval of any recommendations which the state board of education is required to make. http://gencourt.state.nh.us/legislation/2003/hb0139.html Title: H.B. 139 (193-G:1) Source: http://gencourt.state.nh.us MD Rule Adoption 06/2003 P-12 A. School Identified for Improvement. (1) Before the beginning of school year 2003-04 and annually by July 1 thereafter, each local school system shall identify for school improvement each elementary or secondary school that has not made AYP in reading, in mathematics, or as applicable, in the attendance rate or in the graduation rate for 2 consecutive years. (2) To insure that all students reach the State's proficient level in reading, mathematics, and science by 2013 -14, within 3 months or sooner after identification, each identified school shall develop a 2-year school improvement plan that: (a) Focuses on strengthening core academic subjects; (b) Incorporates strategies based on scientifically based research that will strengthen core academic subjects; (c) Includes funds for high quality professional development; and (d) Has specific measurable objectives for each student subgroup. (3) Each local school system within 45 days of receiving a plan shall: (a) Establish a peer review process to assist with review of the plan; (b) Promptly review the plan; (c) Work with the schools as necessary; and (d) Approve the school plan if the plan meets the requirements of all applicable federal and State laws and regulations. (4) The school improvement plan shall be implemented the school year following identification except for school year 2003-04 when the plan shall be implemented as soon as practicable during the 2003-04 school year. (5) Each local school system shall provide a school identified for improvement with technical assistance grounded in scientifically based research that includes the following: (a) Assistance in analyzing data from the State assessment system, and other examples of student work, to: (i) Identify and develop solutions to problems in instruction; (ii) Increase parental involvement; (iii) Improve professional development; and (iv) Implement the school plan; (b) Assistance in identifying and implementing professional development and instructional strategies and methods that have proved effective, through scientifically based research, in addressing the specific instructional issues that caused the local school system to identify the school for improvement; and (c) Assistance in analyzing and revising the school's budget so that the school allocates its resources more effectively to the activities most likely to increase student academic achievement and remove the school from school improvement status. B. School Identified for Corrective Action. (1) Before the beginning of school year 2003-04 and annually by July 1 thereafter, each local school system shall place a school in corrective action if a school has not made AYP in reading, in mathematics, or as applicable, in the attendance rate or in the graduation rate after 2 years or more under local reconstitution or after 2 years in school improvement. (2) For a school under corrective action, each local school system shall continue to provide technical assistance as required under §A(5) of this regulation and shall take at least one of the following corrective actions: (a) Replace the school staff who are relevant to the failure to make adequate yearly progress; (b) Institute and fully implement a new curriculum, including providing high qualify professional development for all staff who are relevant to the failure to make AYP, that is based on scientifically based research and offers substantial promise of improving educational achievement for low- achieving students and enabling the school to make AYP; (c) Significantly decrease management authority at the school level; (d) Appoint an outside expert to advise the school on its progress toward making AYP based on its school plan; (e) Extend the length of the school year or school day for the school; or (f) Restructure the internal organizational structure of the school. C. School Identified for Restructuring. (1) Before the beginning of school year 2003-04 and annually by July 1 thereafter, a local school system shall identify a school for restructuring if after 1 full year of corrective action the school does not make AYP in reading, in mathematics, or as applicable, in the attendance rate or in the graduation rate. (2) The local school system shall prepare a plan for alternative governance and implement the alternative governance arrangement not later than the beginning of the next school year. (3) One of the following alternative governance arrangements shall be implemented consistent with State law and as approved by the State Superintendent of Schools and the State Board: (a) Reopening the school as a public charter school consistent with the requirements of State law and regulation; (b) Replacing all or most of the school staff including the principal who are relevant to the failure to make AYP; (c) Entering into a contract with an entity, such as a private management company, with a demonstrated record of effectiveness, to operate the public school; or (d) Any other major restructuring of the school's governance arrangement that makes fundamental reform such as significant changes in the school's staffing and governance to improve academic achievement in the school and that has substantial promise of enabling the school to make AYP. D. General Requirements for School Improvement, Corrective Action, or Restructuring. (1) Before identifying a school for school improvement, corrective action, or restructuring, a local school system shall provide the school with an opportunity to review the school-level data, including academic assessment data, on which the proposed identification is based. (2) Supporting Evidence. (a) If the principal of a school that a local school system proposes to identify for school improvement, corrective action, or restructuring believes, or a majority of the parents of the students enrolled in the school believe, that the proposed identification is in error for statistically significant reasons, the principal may provide supporting evidence to the local school system. (b) The local school system shall consider the evidence referred to in §D(2)(a) of this regulation before making a final determination. (c) The local school system shall submit its final determination to the Department for its review and approval. (3) The local school system shall make public a final determination of the status of the school with respect to identification not later than 30 days after it provides the school with the opportunity to review the data on which the proposed identification is based. (4) Each local school system shall provide to parents of each student enrolled in a school identified for improvement, corrective action, or restructuring, notice and an explanation of what the identification means, the reasons for the identification, what the school is doing to address the problem of low achievement, how parents can become involved in addressing the academic issues, and any other information required by applicable federal or State law or regulation. (5) If a school makes AYP for 1 year or has extenuating circumstances beyond its control, such as an act of nature or an extraordinary fiscal constraint beyond its control, a local school system may delay for 1 year identification of a school for school improvement, corrective action, or restructuring; but no such period of delay shall be taken into account in determining the number of consecutive years of failure to make AYP . (6) If any school identified for school improvement, corrective action, or restructuring makes AYP for 2 consecutive years, the local school system may not subject the school to the requirements of school improvement, corrective action, restructuring or identify the school for school improvement for the succeeding year. (7) A school receiving funds under Title I of the No Child Left Behind Act must comply with all applicable State and federal requirements for schools identified for improvement, corrective action, and restructuring. (8) If the State Board determines that a local school system has failed to fulfill its responsibilities as set forth in this regulation, the State Board shall take appropriate corrective action, including withholding or redirection of State and federal funding. E. Schools Previously Identified for Improvement, Corrective Action, or Reconstitution. (1) A school in the first or second year of school improvement under Title I on January 8, 2002, shall be treated by the local school system as a school in the first or second year of school improvement for the 2002-03 school year. (2) A school in the first or second year under local reconstitution on January 8, 2002, that is not also a school under Title I, shall be treated as a school in the first or second year of school improvement for the 2002-03 school year. (3) A school in school improvement under Title I for 3 or more consecutive school years preceding January 8, 2002, shall be treated by the local school system as a school under corrective action for the 2002-03 school year. (4) A school under local reconstitution for 3 or more consecutive school years preceding January 8, 2002, that is not also a school under Title I, shall be treated by the local school system as a school under corrective action for the 2002-03 school year. (5) Any school that was in corrective action on January 8, 2002 shall be treated by the local school system as a school requiring restructuring for the 2003-04 school year. Title: COMAR 13A.01.04.07 Source: Westlaw MD Rule Adoption 06/2003 P-12 A. If the State Board of Education rejects a local board of education reconstitution proposal, school improvement plan, or annual update, or approves the recommendation of the State Superintendent of Schools for State reconstitution of a school, the State Board of Education shall reconstitute the school. B. Contract With Third Party. (1) The State Board of Education may order the school to be operated under contract with a third party pursuant to conditions established by the State Board of Education. (2) The State Board of Education, the local board of education, and the third-party contractor shall be parties to the contract. (3) The contract may be for an initial term not to exceed 5 years, and may be subject to renewal upon review and approval by the State Board of Education. (4) The contract shall include specific benchmarks by which the third-party contractor shall be measured. The State Board of Education shall monitor the contractor's performance. (5) The local school system shall pay to the third-party contractor for the term of the contract the higher of an amount equal to the average system-wide per pupil expenditure times the full time equivalent enrollment for kindergarten and higher grades in the State reconstituted school as of September 30, or the total actual cost of operating the school for the previous school year. Adjustments in the average per pupil expenditure calculation may be made for certain targeted funding programs in accordance with the legal requirements for those programs. In addition the contractor will receive funds equal to the amount of support the school system received in the previous school year for pre-kindergarten services at the identified school. C. Penalty Procedure. If a local school system fails to comply with any of the provisions of this chapter, the State Superintendent of Schools may require the State Comptroller to withhold from that school system, pursuant to Education Article, §2-303(b), Annotated Code of Maryland, all or any part of: (1) An appropriation made by the General Assembly; and (2) Any other payment from funds budgeted by the State. D. The State Board of Education may, for good cause shown, shorten or extend the procedural time limitations set forth in this chapter. Title: COMAR 13A.01.04.10 Source: Westlaw MD Rule Adoption 06/2003 P-12 A. Local School System Improvement. (1) The State Board, upon the recommendation of the State Superintendent of Schools or upon its own motion, shall identify for improvement any local school system that for 2 consecutive years fails to make AYP in reading, in mathematics, or as applicable, in the attendance rate or in the graduation rate. (2) Before identifying a local school system for improvement, the State Board shall: (a) Provide the local school system with an opportunity to review the data on which the proposed identification is based; (b) Give the local school system an opportunity to provide supporting evidence if the system believes that the proposed identification is in error for statistically significant reasons; and (c) Make a final determination of the status of the local school system with respect to identification not later than 30 days after it provides the system with the opportunity to review the data on which the identification is based. (3) The State Board shall promptly provide parents of each student enrolled in the schools served by the local school system identified for improvement notice, the results of the review, the reasons for identification of the school system for improvement, and how parents can participate in upgrading the quality of the local school system. (4) Within 3 months of identification, the local school system shall revise applicable components of the school system master plan to: (a) Incorporate scientifically based research strategies that strengthen the core academic program in the schools in the system; (b) Identify actions that have the likelihood of improving student achievement to meet the State's proficiency standards; (c) Address professional development needs of staff in schools not making AYP; (d) Include specific measurable achievement goals and targets for each of the subgroups of students; (e) Address the fundamental teaching and learning needs in schools and specific academic problems of low-achieving schools; (f) Incorporate as appropriate activities before school, after school, during the summer, and during an extended school year; (g) Specify the responsibilities of the local school system under the plan; and (h) Include strategies to promote effective parental involvement in the school. (5) The local school system shall implement the plan not later than the school year following the year in which the school system was identified for improvement. (6) Technical Assistance. (a) The Department shall, if requested, provide technical assistance grounded in scientifically based research that better enables the local school system to develop and implement its plan and work with schools needing improvement. (b) The Department may use an entity to provide the technical assistance. B. Local School System Corrective Action. (1) The State Board, upon the recommendation of the State Superintendent of Schools or upon its own motion, shall identify a local school system for corrective action if a local school system does not make AYP in reading, in mathematics, or as applicable, in the attendance rate or in the graduation rate for 2 consecutive years after identification of the school system for school improvement. (2) Before identifying a local school system for corrective action, the State Board shall: (a) Provide the local school system with an opportunity to review the data on which the proposed identification is based; (b) Give the local school system an opportunity to provide supporting evidence if the system believes that the proposed identification is in error for statistically significant reasons; and (c) Make a final determination of the status of the local school system with respect to identification not later than 30 days after it provides the system with the opportunity to review the data on which the identification is based. (3) For a local school system identified for corrective action, the State Board and the State Superintendent of Schools shall continue to make available technical assistance and shall take at least one of the following corrective actions: (a) Defer, reduce, or redirect State and federal programmatic and administrative funds including per pupil funding; (b) Order the local school system to institute and fully implement a new curriculum aligned with the voluntary State curriculum that is based on State and local academic content and achievement standards, including high quality professional development based on scientifically based research; (c) Order the local school system to replace school principals and executive officers who are relevant to the failure to make AYP with qualified personnel approved by the State Board and the State Superintendent of Schools; (d) Remove particular schools from the direct control of the local school board and establish alternative arrangements for public governance and supervision of such schools; (e) Order a reorganization of the local school system as approved by the State Board and the State Superintendent of Schools that groups specified schools under the direct supervision of an executive officer approved by the State Superintendent of Schools who reports directly to the local school superintendent or chief executive officer; (f) Through court proceeding, appoint a receiver or trustee to administer the affairs of the local school system in place of the superintendent and school board; or (g) With legislative authorization, abolish or restructure the local school system. (4) The State Board shall publish and disseminate to parents and the public information on any corrective action the State Board takes. (5) The State Board may delay implementation of corrective action if a local school system makes AYP for 1 year or its failure to make AYP is due to exceptional circumstances such as acts of nature or an unforeseen decline in financial resources beyond the control of the local school system. A period of delay under this subsection may not be taken into account in determining the number of consecutive years of failure to make AYP. (6) If a local school system makes AYP for 2 consecutive years beginning after the date of identification, the State Board shall not identify the local school system for improvement or for corrective action for the succeeding school year. C. Hearings. (1) If the State Superintendent of Schools recommends that a local school system be placed under corrective action, the State Superintendent of Schools shall provide a written explanation of the basis for the recommendation. (2) Within 10 days of the date of the recommendation by the State Superintendent of Schools, the local board of education may file a written request for a hearing before the State Board. If a hearing is requested, the hearing shall be scheduled promptly. (3) The hearing shall proceed in the following manner: (a) The State Superintendent of Schools or designee shall describe the rationale for the recommendation and submit supporting documentation; (b) The local board of education through a designee shall present the board's position with respect to the recommendation and submit supporting documentation; (c) Members of the school community and parents of students in the school may file written comments regarding the recommendations; (d) The State Board may ask questions during each presentation; and (e) Counsel may be present and assist each board, but staff members shall make the presentations. (4) The State Board shall determine by a preponderance of the evidence if the State Superintendent of Schools has provided a sufficient and reasonable basis to support the State Superintendent's recommendation. D. Transition. (1) For the 2003-04 school year, the State Board shall identify for corrective action any local school system that as of January 8, 2002, has had 25 percent or more of its schools under local or State reconstitution for more than 3 school years. (2) For the 2003-04 school year, the State Board shall identify for improvement any local school system that as of September 1, 2003, has 25 percent or more of its schools newly identified for school improvement or corrective action. Title: COMAR 13A.01.04.08 Source: Westlaw 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 act sets forth the consequences for public schools and school districts that are designated as demonstrating need for improvement. Schools and school districts must be designated as "in need of improvement" on the basis of two consecutive years of data, and only data for pupils who have attended the school or the district for a full academic year may be included in the computations. District level technical assistance partnerships provide technical assistance for schools in need of improvement in the first two years, and the Nevada Department of Education must form state level support teams for the third and subsequent years of needing improvement. Under federal requirements, if schools receiving Title I funds continue to be classified as in need of improvement for five or more years, certain consequences are imposed that can include specified corrective actions and significant restructuring of the school. For non-Title I schools, the consequences of replacing the curriculum, decreasing management authority, or extending the school day or school year are optional, at the recommendation of the state school support teams. School districts that receive Title I funds and are classified as "in need of improvement" face similar sanctions. (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 Summary TX to governor 06/2003 P-12 Amends Sec. 21.005. HIGH-QUALITY TEACHERS. Allows the commissioner to establish by rule a statewide standard to be used to certify each school district that is preparing, training, and recruiting high-quality teachers in a manner consistent with the No Child Left Behind Act of 2001. Requires the commissioner to develop and make available training materials and other teacher training resources to assist teachers in developing the expertise required to enable students of limited English proficiency to meet state performance expectations. 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 shall be designed to support intensive, individualized, and accelerated instructional programs developed by school districts for students of limited English proficiency. Requires the commissioner, in coordination with representatives of institutions of higher education and school districts, to develop an on-line diagnostic and assistance program for each assessed (TAKS) subject to help students prepare for the 11th grade exit-level test. Also requires the commission (with higher education representatives) to develop other academic programs of mutual benefit to school districts and institutions of higher education. The bill requires the commissioner to seek private funding to make available on the Internet each diagnostic and assistance program developed. The bill authorizes the commissioner to permit a low-performing campus to participate in an innovative redesign of the campus to improve campus performance. http://www.capitol.state.tx.us/tlo/78R/billtext/SB01108F.HTM Title: S.B. 1108 (Section 21.005) Source: http://www.capitol.state.tx.us TX Signed into law 06/2003 P-12 Requires the commissioner of education to reconstitute any campus rated as low performing for two consecutive years, removing closure of the school program as one of the possible penalties. Provides that a special campus intervention team would decide which educators to retain. Also requires the Texas Education Agency to report campus performance by August 1 each year and includes as a prerequisite to receive a public education grant or authorization to change schools within the district that the student is assigned to a public school campus that has been considered at any time to be low performing. The bill also provides for a board of managers, appointed by the commissioner of education, to take over the powers of the board of trustees of the district for a period of time. (Bill Analysis, House Committee) http://www.capitol.state.tx.us/cgi-bin/tlo/textframe.cmd?LEG=78&SESS=R&CHAMBER=S&BILLTYPE=B&BILLSUFFIX=00618&VERSION=5&TYPE=B Title: S.B. 618 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 DE Signed into law 05/2003 P-12 Requires the State Department of Education to issue Delaware Public Education Profiles for all public schools, including charter schools and vocational-technical school districts, on or before August 1 of each year. The purpose of the profiles is to report on the state of the public education system and the progress toward achieving educational goals established by the State Legislature, the State and the federal ESEA Act of 2001. The Department is to develop a performance-based system of rewards and sanctions for schools and school districts. http://www.legis.state.de.us/Legislature.nsf/fsLIS?openframeset&Frame=Main&Src=/LIS/LIS142.NSF/Home!Openform Title: S.B. 76 Source: Delaware Legislative Web site WA Rule Adoption 04/2003 P-12 Establishes rules concerning performance improvement goals, specifying providing school districts and schools with minimum performance improvement goals and aligning these goals with goals required under the federal No Child Left Behind Act. WASHINGTON REG 21328 (SN) Title: WAC 3-20-100, -200, -300 Source: StateNet OK Signed into law 04/2003 P-12 Exempts certain schools maintained in state reformatories from certain provisions relating to class size limitations; prohibits state board from assessing certain penalties or sanctions on certain schools that could result in denial of accrediation. http://www2.lsb.state.ok.us/2003-04SB/sb495_enr.rtf Title: S.B. 495 Source: StateNet CO Signed into law 04/2003 P-12 Concerns requirements related to student transfers; districts should consider adopting policies that give transfer enrollment priority to a student with unsatisfactory proficiency ratings attending a school rated unsatisfactory. http://www.leg.state.co.us/2003a/pubhome.nsf Title: H.B. 1087 Source: State legislative web site AR Signed into law 04/2003 P-12 Amends §§ 6-15-420 - 6-15-429. Requires the state board to establish a clear concise system of reporting the academic performance of each school on the state mandated criterion reference exam which conforms with the requirements of the No Child Left Behind Act of 2001. Requires the state board to develop policy requiring the Department of Education to implement a program for identifying, evaluation, assisting and addressing school district failing to meet established levels of achievement mandated states as required in the Arkansas Comprehensive Testing, Assessment, and Accountability Program (§§ 6-15-402 - 6-15-406). http://www.arkleg.state.ar.us/ftproot/bills/2003/public/HB2697.pdf Title: H.B. 2697 (Omnibus Bill) Source: Arkansas Legislative Web site NM Signed into law 03/2003 P-12 Amends Sections 22-2-6 and Section 22-2-14 to allow the state department to take over the control and management of a public schools or district that has failed to meet requirements of law or state board rules and standards. The state board may suspend a board, local superintendent or principal that has notice of disapproval and fails to comply with procedures. Sets other conditions of suspension and appeal, etc. Also allows the department to issue a state identification number for each public school student for use in the accountability data system. 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 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 CO Signed into law 03/2003 P-12 Concerns modifications for notifying schools districts of unsatisfactory schools. Concerns deadlines for charter school proposals. http://www.leg.state.co.us/2003a/pubhome.nsf Title: S.B. 137 Source: State legislative web site 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 NE Adopted 12/2002 P-12 Establishes major rules regarding regulations and procedures for the accreditation of schools. Repeals 94 NAC 3. NEBRASKA REG 895 (SN) Title: 92 NAC 10 (Rule 10) Source: StateNet PA Signed into law 12/2002 P-12 Authorizes the state superintendent to petition the court in the county to take over any district that has been declared "distressed." http://www.legis.state.pa.us/WU01/LI/BI/BT/2001/0/HB2644P4690.HTM Title: H.B. 2644 Source: http://www.legis.state.pa.us CA Signed into law 09/2002 P-12 Requires the Department of Education to establish a statewide system of school support to provide intensive and sustained support and technical assistance for school districts and county offices of education with schools in need of improvement. Requires the department to allocate funding for purposes of corrective actions undertaken at schools in need of improvement. Establishes an advisory liaison team on the No Child Left Behind Act. Title: A.B. 312 Source: Lexis-Nexis/StateNet CA Signed into law 09/2002 P-12 Sets deadlines regarding sanctions applied to state-monitored schools, allows for the placement of a trustee at a low-performing school. Specifies the duties and obligations of a school district with regard to a state-monitored school. Subjects a school, with incomplete data and no available test results or any other data related issue, to sanctions to which a State-monitored school is subject or to contract with a school assistance and intervention team. Title: S.B. 1310 Source: Lexis-Nexis/StateNet CT Signed into law 09/2002 P-12 Requires the Commissioner of Education to prepare a state-wide education accountability plan in conformance with the federal No Child Left Behind Act and provides for a transition from the state's program identifying schools in need of improvement to a program consistent with federal laws and regulations.Directs the Department of Education to create a state-wide public school information system.(Secs.6, and 7) Title: H.B. 6004 (Special Session Act No. 02-7) Source: www.state.ct.us/sde/commish CT Repealed 09/2002 P-12 In 1999, the State Board of Education prepared a list of elementary and middle schools, by school district, that are in need of improvement based on student performance and performance trends on the state-wide mastery examinations. A new list will be prepared on or before February 1, 2003, and every three years thereafter. On or before January 1, 2000, April 1, 2003, and every three years thereafter, the superintendent of schools in districts that have a school on the list must meet with the Commissioner of Education, or the commissioner's designee, to discuss the process for improving school performance. The schools on the list are required to develop a school improvement plan, and take the necessary steps to become accredited by the New England Association of Schools and Colleges. The improvement plan is to be developed in consultation with the school's principal, teachers and the parents of students attending the school and must include criteria for use in measuring progress. The department of education will provide assistance on the development of these plans. Once completed, the improvement plans must be submitted to the department for review and comments, and then to the local board of education for approval. The plan is to be implemented at the beginning of the school year following approval. Enabling Legislation: C.G.S. 10-223 b-c Title: C.G.S. 10-223 b-c Source: http://www.state.ct.us/sde/dsi/accountability/AcctFactsheet2001.PDF NC Signed into law 09/2002 P-12 Requires the Joint Legislative Education Oversight Committee to report to the state board if a local board and school are not responsive to its recommendations. If the state board determines that the school and local board have failed to take appropriate steps to improve student performance, the state board is to assume all powers and duties previously conferred upon the local board and that school and will have general control and supervision of all matters pertaining to that school until student performance meets or exceeds the standards set for the school. The state board may delegate any powers and duties back to the local board before the school meets or exceeds the standards. http://www.ncga.state.nc.us/html2001/bills/AllVersions/Senate/S1275vr.html Title: S.B. 1275 Source: http://www.ncga.state.nc.us 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 Signed into law 06/2002 P-12 Requires school report cards to include performance designations and the department to monitor the progress of the implementation of school improvement plans starting in January 2005 rather than January 2003. Requires the department to begin assigning performance designations in September 2004 rather than August 2002. http://www.legis.state.ak.us/basis/get_bill_text.asp?hsid=HB0352C&session=22 Title: H.B. 352 Source: www.legis.state.ak.us NY Signed into law 06/2002 P-12 Reforms the governance structure of New York City schools. The new law gives the mayor control over city schools, including the power to appoint the chancellor. The law also eliminates the city's existing 32 community school boards in June 2003 and sets up a task force to devise an alternative mechanism for community input. http://www.state.ny.us/governor/press/year02/june12_4_02.htm Title: A.B. 11627 Source: http://www.state.ny.us/governor/press/year02/june12_4_02.htm IL Active 06/2002 P-12 In 1992 the Academic Watch List was enacted into law in Illinois; the Academic Early Warning List (AEWL) became law in 1996. Schools with low or declining assessment results were identified as not having met state standards and were placed on the state's Academic Early Warning List. Continued declining assessment results could result in a school being placed on the Academic Watch List. Schools placed on the Academic Watch List are subject to having personnel replaced or the reassignment of students to another school. In 1995, a system was designed to inform the public of schools' financial status, thus extending accountability requirements to financial management. Using language similar to academic accountability, this financial management monitoring system is called the Financial Warning and Watch List. Title: N/A Source: NCLB Consolidated State Application June 2002 IL Signed into law 06/2002 P-12 Requires schools that are part of the sample drawn by the National Center for Education Statistics to administer the biennial State academic assessments of 4th and 8th grade reading and mathematics under the National Assessment of Educational Progress. Provides that the school report card must be posted on the schools website rather than automatically mailed to parents, and a written notice sent home to parents with the Web site address. Printed copies are available on request. Requires districts to adopt policies for the transfer of students within the district. Requires requests for transfer in relation to ESEA to be made within 30 days of notification of right to transfer. Establishes criteria under which local board may refuse request to transfer. Requires the notifice of parents of child's placement in bilingual education program to include more specific information, including reasons why child was placed in program, child's level of English proficiency, how this level was assessed, and the child's current level of academic achievement. Permits parents to immediately withdraw child from bilingual program rather than at time of notice or end of semester. Increases supplemental aid to low income school districts. http://www.legis.state.il.us/publicacts/pubact92/acts/92-0604.html Title: S.B. 1983 Source: www.legis.state.il.us MO Signed into law 06/2002 P-12 Department is required to identify high-achieving schools as performance schools and specify the waivers of rule applicable to those schools. Schools or districts that are academically deficient, unaccredited or provisionally accredited, or that achieve none of the student performance standards established for accreditation: (1) will be identified as priority schools; (2) must submit an accountability compliance statement that identifies areas of deficiency and provides a strategy to address the deficiencies; and (3) must disclose the deficiencies on the school report card. Sets out a schedule for submission of compliance, and the department may withhold state aid from districts that do not meet the standards and timelines. Strategies for improvement must align curricula; develop individual student plans for any student not receiving special education services who scores at the lowest level of proficiency on the statewide assessments and require those students in grades 9-11 to retake the assessment; focus professional development funds on the ares of greatest academic need; improve teacher and administrator effectiveness; and reallocate resources. Title: H.B. 1711 Source: Summaries of Truly Agreed to and Finally Passed Bills - 2002 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 CA Signed into law 05/2002 P-12 Modifies 1999 Immediate Intervention/Underperforming Schools Program (IIUSP), which formerly required that every participating school district contract with an external evaluator for assistance in development of the school's action plan. Bill allows district to alternatively contract with an entity that has proven, successful expertise specific to the challenges inherent in low-performing schools, including institutions of higher education, county offices of education or school district personnel. Modifies High Priority Schools Grant Program for Low-Performing Schools to automatically approve school for participation upon school's completion of an action plan for participation in the federal program meeting certain requirements that plan for IIUSP participation must meet, and changes deadlines for submission and approval of school action plan during FY 01-02. Increases to $400 the amount of per-pupil money provided under the High Priority Schools Grant Program for Low Performing Schools. Specifies that High Priority Program school must assess pupils' progress with curriculum-based tests proven to be "valid and reliable." Mandates that already-required department study on sustainability of funding for low-performing schools include "(1) An objective rather than a comparative view of the necessity of sustaining supplemental funding over time to address the ongoing needs of low-performing pupils, and the impact of policies that only provide funding over a specified period of time. (2) A description of the ongoing needs of low-performing schools, as identified in needs assessments submitted pursuant to paragraph (3) of subdivision (a) of 52055.620 and the sources of funding schools used to meet these needs. (3) An analysis of the use of funds provided pursuant to this article and the effectiveness of that use in meeting the continued or changing needs of communities served by low-performing schools. This analysis shall include an evaluation of the growth in academic achievement realized by participating schools and the ability of those schools to sustain growth in academic achievement if funding is continued. (4) An assessment of whether local, state, and federal resources are likely to be sufficient to sustain all or some of the academic improvements made in low-performing schools after this state subsidy expires, taking into account prospects for the subsequent pupil population's incidence of poverty and low socioeconomic status." Requires every school district with any schools participating in High Priority Schools Grant Program to submit to state superintendent an analysis of the impact, costs and benefits of the program to the district and local participating schools. Requires the state superintendent to develop and the state board to approve guidelines for an RFP for an independent evaluator to create a multiyear comprehensive evaluation of the implementation, impact, costs and benefits of the program and to release the results of the report to the General Assembly, the Governor and other interested parties. Also specifies that average daily attendance funds are to be allocated to local education agencies and that child care and preschool programs whose average daily enrollment helps determine the allocation must be operated by local education agencies under contract with the Child Development Division of the State Department of Education. Bill modifies means of determining the average daily enrollment of children in preschool and child care programs. http://info.sen.ca.gov/pub/bill/sen/sb_0501-0550/sb_508_bill_20020516_chaptered.html Title: S.B. 508 Source: info.sen.ca.gov MD Signed into law 05/2002 P-12 Establishes the Principal Training Pilot Program; requires that the State Board of Education award incentive funding under the program to provide school principals with instruction and training in specified and optional areas; establishes eligibility requirements for applicants. Limits participation to 100 principals; requires every county superintendent to choose three principals to participate; requires state superintendent to select remaining 28 principals, giving highest priority to principals in local reconstitution schools. Requires state board to report on specified aspects of program to various legislative committees on or before June 30, 2004. Pilot program to end June 30, 2005. http://mlis.state.md.us/2002rs/bills/hb/hb0007e.rtf Title: H.B. 7 Source: mlis.state.md.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 LA Signed into law 04/2002 P-12 Reestablishes a dedicated fund to set aside funds for providing rewards to schools earning rewards pursuant to the accountability system. http://www.legis.state.la.us/bills/byinst.asp?sessionid=021ES&billtype=SB&billno=14 Title: S.B. 14A Source: www.legis.state.la.us NY Signed into law 04/2002 P-12 Authorizes the removal of the Board of Education of the Roosevelt Union Free School District and the appointment of an interim board of education; provides for special academic improvement grants; grants the Commissioner of Education and the Education Department additional authority over such school district; expands the authorization of such school district to issue serial bonds to finance deficits. Title: S.B. 6617 Source: Lexis-Nexis/StateNet NY Signed into law 03/2002 P-12 Extends from April 9,2002 to July 1, 2005, the expiration and repeal of provisions of law which authorizes the chancellor of the city school district of the City of New York to order the supersession of a community school board, or the suspension or removal of such a board or any members thereof. http://assembly.state.ny.us/leg/?bn=A09916 Title: A.B. 9916 Source: http://assembly.state.ny.us/leg/?bn=A09916 WV Signed into law 03/2002 P-12 Calls for development and implementation of a system to hold schools accountable for student performance and progress toward obtaining a high quality education. Creates a "Process for Improving Education Council" comprised of the Legislative Oversight Commission on Education Accountability, the Governor and Chancellor of the Higher Education Policy Commission. Council has the authority to meet and consult with the state board and to make recommendations on issues related to student, schools and school system performance. To ensure high quality education continues to be delivered, the statute grants the state board the authority to intervene again in county systems where they had once intervened within the past five years. If a second intervention is necessary, the bill provides the state board the authority to delegate additional authority to the state superintendent to conduct hearings or to make personnel changes.   Title: H.B. 4319 Source: West Virginina Department of Education News OH Signed into law 11/2001 P-12 Requires the state board to establish a standard unit of improvement for buildings and requires districts that are not excellent or effective to develop district-wide continuous improvement plans and to develop continuous improvement plans for buildings within the district that are not excellent or effective. Requires an academic emergency district to implement at least one of the following options: (1) replace the building's principal, (2) redesign the building to address the factors impeding student achievement, (3) institute a new schoolwide curriculum or educational model, (4) contract with a college or university education department, an educational service center, or the state department to operate the building, (5) grant priority under the district's open enrollment policy to students who want to transfer from the building, (6) close the building, or (7) develop an alternative comprehensive plan approved by the department. Requires the department to identify research on the effective use of instructional time and on successful intervention strategies for students from different ethnic and socioeconomic backgrounds and to disseminate such studies through the Ohio SchoolNet Commission. Title: S.B. 1 Source: 2001 Digest of Enactments 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 PA Signed into law 10/2001 P-12 Amends the Public School Code. Relates to distress in school districts. Authorizes a school reform commission to assume control of a district after declaration of a school district in distress. Makes provisions regarding school district taxes and non-tax revenue. Authorizes the commission to enter into agreements with non-profit organizations to operate on or more schools. Provides incentives for high school students to pursue medical, nursing and biomedical careers. Title: S.B. 640 Source: Lexis-Nexis/StateNet