Chapter8 NCLB

The No Child Left Behind Act (NCLB) of 2001
Yell / The Law and Special Education, Second Edition Copyright 2006 by Pearson Education, Inc. All rights reserved
Changes in Federal Education Law

The Elementary and Secondary Education Act of 1965
Assistance
A Nation at Risk, 1986
The National Education Summit, 1989
Goals 2000: Educate America Act of 1990
The Improving Americas Schools Act of 1994
No Child Left Behind Act of 2001

Accountability
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No Child Left Behind

Accountability for Results (AYP) Highly Qualified Teachers
Scientifically Based Instruction

Important Things to Understand About NCLB

NCLB is a reaction to low academic achievement in Americas students NCLB is sweeping legislation that will exert a profound influence on education NCLB recognizes and embraces science NCLB will affect the ways that universities prepare teachers and teachers teach their students NCLB is here to stay (there will be modifications)
NCLB Performance Goals

By 2013-2014, all students will reach high standards, at a minimum, attaining proficiency or better in reading and mathematics. All limited English proficient (LEP) students will become proficient in English and reach high academic standards, at a minimum, attaining proficiency or better in reading/language arts and mathematics. By 2005-2006, all students will be taught by highly qualified teachers. All students will be educated in learning environments that are safe, drug free, and conducive to learning. All students will graduate from high school.
Accountability
NCLB focuses on:
a. Increasing the academic achievement of all public school students b. Improving the performance of low-performing schools
NCLB accomplishes this by:

a. Requiring states to measure the progress of students and groups of students every year b. Reporting the results of these measures to parents c. Requiring states to set proficiency standards that schools must attain within a set period of time
Adequate Yearly Progress

NCLB requires that states:
a. Develop a standard, called adequate yearly progress (AYP), to use each year to determine if schools are meeting state standards quickly enough to allow them to have 100% of their students proficient in reading and math by 2014 b.Test all students on statewide assessments c. Allow schools to provide students with disabilities access to testing accommodations and even alternate assessments if needed
AYP Requires
High standards of academic achievement for all students Valid and reliable assessments Continuous and substantial academic improvement for all students Disaggregation of information for the following groups Students from diverse racial/ethnic groups Students from economic disadvantage Students with disabilities Students with limited English proficiency Improvement of graduation rates for HS and one other indicator for other schools
100% 90%
Example: Defining APR in Reading

79.4% Proficient
100% Proficient
80%
70% 58.8% Proficient 60% 50% 38.2% Proficient 40% 30% 17.6 proficient 20% 10%
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ALL students with disabilities must participate in annual statewide testing!!
ALL students with disabilities are included in AYP calculations

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The IEP team decides HOW a student will participate, not WHETHER he or she will participate!!
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The 1% Rule
1. Students with significant cognitive disabilities can be assessed using alternate measures to meet AYP goals
Students scoring proficient for the AYP goal may not exceed 1% of all students in the grade tested States can submit data and make a case to exceed the cap
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The 2% Rule
A limited number of students with disabilities (approximately 2 percent) will be allowed to take tests that are specifically geared toward their abilities, Students scoring proficient for the AYP goal may not exceed 2% of all students in the grade tested (above the 1%) The state must show that it is working to serve those students by providing rigorous research-based training for teachers, improving assessments, & organizing collaboration between special education and classroom teachers
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The Goal of the 2% Regulation

1. Ensure that states hold these students to challenging, though modified, achievement standards that enable them to approach, and even meet, grade-level standards 2. Ensure access to the general curriculum to ensure students are taught to the same high standards 3. Measure progress with high-quality assessments so parents are confident that their children are learning & achieving 4. Provide guidance and training to IEP teams to identify these students properly 5. Provide professional development to all teachers. States must continue meeting the requirements of NCLB related to students with disabilities
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What Does This Mean for You?

The IEP must address a students participation in the statewide assessment Four options (only three options at present)
1. 2. 3. A student will take the statewide assessment as is A student will take the statewide assessment with appropriate accommodations or modifications (explain in the IEP) A student will take an alternate assessment (include a statement in the IEP of why the child cannot participate in the regular assessment and why the alternate assessment is appropriate) A student will take an assessment based on modified achievement standards
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4.
Adequate Yearly Progress

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Making AYP
First Way to Make AYP At least 95% of enrolled students participate in testing program (by subgroup) AND All students and all subgroups score at least proficient in statewide assessments, at AYP targets for that year AND All students and all subgroups meet AYP target for graduation or attendance OR
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Making AYP
Second Way to Make AYP: Safe Harbor At least 95% of students enrolled participate in statewide testing (by subgroup) AND Percentage of students in subgroup(s) not scoring at least proficient decreases by at least 10% percent AND Students in subgroup(s) make progress in graduation rate or attendance
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NCLB: Public Reporting

The results of K12 testing are reported with two goals in mind:
One is for parents to have detailed information about their schools to make informed parental decisions Second is to provide public schools with feedback on instruction in order to improve student achievement
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If a School Doesnt Make AYP for:

Two Consecutive Years
School will receive technical assistance from the district Develop 2-year improvement plan Students are given the option to transfer to a better public school within district or a public charter school (public school choice)
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School Improvement
Each district must identify for school improvement any Title I school that fails to make AYP for 2 consecutive years. Identification must take place before the beginning of the school year following the failure to make AYP. Within 3 months, an identified school must develop a school plan, in consultation with parents, school staff, district staff, and outside experts.
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School Improvement Plan

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The School Improvement Plan must:

Cover a 2-year period Incorporate strategies based on scientifically based research to address specific areas that caused the failure Adopt policies and practices concerning the schools core academic subjects that have the greatest likelihood of raising student achievement to meet the state proficient level
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The school plan must also

Assure that the school will spend at 10% of its Title I funds on professional development each year Establish annual measurable progress objectives to ensure that each subgroup will meet proficiency within 12 years Provide for effective parent involvement Incorporate extended-time activities Incorporate a teacher-mentoring program
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The school plan must also

Be implemented no later than the beginning of the next full school year following identification for improvement Be reviewed, using a peer review process, within 45 days of receiving it and approve it if it meets the statutory requirements Provide all students in the school the option to transfer to another public school that is not identified for improvement
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Public School Choice

All students enrolled in the Title I schools described above are eligible for choice. Priority must be given to the lowest achieving, low-income students.
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Schools That Can Receive Students

May not be identified for improvement May include a public charter school within the LEA
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Schools That Cannot Receive Students

Schools that are identified for improvement, corrective action, or are in the planning year of restructuring; or Schools that are identified by the state as persistently dangerous.
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Three Consecutive Years
School continues to receive technical assistance Public school choice School must offer supplemental educational services to disadvantaged students
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Supplemental Educational Services

Extra academic assistance for lowincome students who are attending Title I schools that have failed to make AYP for 3 or more years
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Allowable Services
Tutoring Remediation Academic intervention Instruction must take place outside the regular school day
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Four Criteria for Providers

A demonstrated record of effectiveness High-quality instructional strategies Services consistent with the LEA's instructional programs and the states academic content standards Financially sound
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Provider Profile
School or LEA Institution of higher education Educational service agency Nonprofit or for-profit entity Faith-based organization
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Responsibilities of the Provider

Set specific achievement goals for the student Describe how the students progress will be measured Establish a timetable for improving the students achievement
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Special Education Students

Supplemental services are provided IN ADDITION to any supplementary services in the IEP Supplemental services are NOT a substitute for IEP services Supplemental services should NOT be included in the IEP
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Four Consecutive Years
School continues to receive technical assistance Public school choice Supplemental educational services Corrective action: At a minimum the corrective actions must include one of:
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Possible Corrective Actions

Replace school staff relevant to the failure Institute and implement a new curriculum Significantly decrease management authority in the school Appoint outside experts to advise the school Extend school year or school day Restructure internal organization of the school
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Five Consecutive Years
School is identified for restructuring School will develop a plan and arrange to implement alternative governance actions which can include:
State takeover Hiring private management firm Converting to a charter school Significant staff restructuring
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Restructuring
If a school fails to make AYP after one full year of corrective action, the district must Continue to make public school choice available Continue to make supplemental services available Prepare a plan to restructure the school
Restructuring, continued
By the beginning of the next school year, the district must implement one of the following alternative governance arrangements:
Reopen school as a public charter school Replace all or most of school staff, including the principal Enter into a contract with an entity, such as a private management company, with a demonstrated record of effectiveness to operate the school State takeover Any other major restructuring of the schools governance arrangement
Exiting School Improvement

If a school identified for improvement, corrective action, or restructuring makes AYP for 2 consecutive years, the school is no longer subject to improvement.
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Major Components of NCLB

Accountability for Results (AYP)
Scientifically Based Instruction Highly Qualified Teachers

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Highly Qualified Teachers

NCLB requires that all public school teachers must be highly qualified by the 2005-2006 school year
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Three Components of HQ
1. Education (minimum of bachelors) 2. Certification (full state, no waivers) 3. Competence (demonstrated)
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Experienced teachers can demonstrate competence by meeting the high objective uniform state standard of evaluation (HOUSSE)
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Highly Qualified Elementary Teachers

A teacher who has demonstrated subject knowledge and teaching skills in reading, writing, mathematics, and other areas of the basic elementary school curriculum by passing a rigorous state test (which may consist of passing a state-required certification or licensing test or tests in reading, writing, mathematics, and other areas of basic elementary school curriculum).
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Highly Qualified Middle and Secondary School Teachers

A teacher has demonstrated a high level of competency in each of the academic subjects in which the teacher teaches by: a. Passing a rigorous state academic subject test in each of the academic subjects in which the teacher teaches; or b. Successful completion, in each of the academic subjects in which the teacher teaches, of an academic major, a graduate degree, coursework equivalent to an undergraduate academic major, or advanced certification or credentialing.
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Highly Qualified Special Education Teachers

In IDEA 2004, Congress recognized that special education teachers need both content knowledge and training in teaching special education students IDEAs definitions of highly qualified special education teacher work in concert with NCLB to ensure that children with disabilities are taught by highly qualified teachers All special education teachers must be highly qualified by the 2005-2006 school year
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HQ Special Education Teachers

1. Bachelors degree or higher 2. State certification (including state-approved alternative certification) with no waivers 3. Competency (SC example)
a. Resource roomNo testing requirements if the resource room teacher is not considered the teacher of record, otherwise Elementary Praxis II Self-containedElementary Praxis II (content area or curriculum instruction and assessment) SC HOUSSE (observations by teachers trained in the standards)
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b.
c.
HIGHLY QUALIFIED TEACHERS Annual Measurable Objective

LEAs must demonstrate increases in the
percentage of highly qualified teachers teaching core subjects
LEAs must demonstrate annual increases

in teachers receiving high-quality professional development
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Professional Development
Providing high-quality professional development
Developing programs designed to improve the quality of the teaching

Building instructional leadership development programs for principals and superintendents Providing training on utilizing data and assessments to improve classroom instruction and student learning
Providing training in effective methods to teach & address the needs of students with different learning styles and abilities
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When do the new requirements have to be met?

All paraprofessionals with instructional duties hired after January 8, 2002 must meet the new requirements. Existing paraprofessionals with instructional duties must meet these requirements by 2006. All paraprofessionals must have a high school diploma or equivalent without regard to the date of hiring.
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What Happens When Schools Do Not Have HQ Teachers?

If a student is taught 4 or more consecutive weeks by a teacher who is not HQ, the school must inform the students parents There is no right of action due to a schools failure to provide an HQ special education teacher
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Unsafe Schools Choice Option

Local school districts must allow students who attend a persistently dangerous public school or who become victims of a violent criminal offense on school grounds to transfer to a safe public school.
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NCLB Standards for Paraprofessionals

Paraprofessionals must meet one of the following standards:
Completed 2 years of study at an institution of higher education Obtained an associate (or higher) degree Met a rigorous standard of quality and be able to demonstrate, through a formal state or local academic assessment, knowledge of and the ability to assist in instructing reading, writing, and mathematics (or, as appropriate, reading readiness, writing readiness, and mathematics readiness)
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Paraprofessionals must work under the direct supervision of a highly qualified teacher
Teacher plans instructional activities
Teacher evaluates achievement of students with whom paraprofessionals work Paraprofessionals work in close and frequent proximity of the teacher
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Paraprofessionals may be assigned to

Provide one-to-one tutoring for eligible students (not when a teacher would otherwise provide instruction) Conduct parental involvement activities Assist with classroom management Provide assistance in a computer lab Provide instructional services under the direct supervision of a teacher
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Major Components of NCLB

Accountability for Results (AYP)
Scientifically Based Instruction Highly Qualified Teachers

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Scientifically Based Research

means research that involves the application of rigorous, systematic, and objective procedures to obtain reliable and valid knowledge relevant to education activities and programs
(No Child Left Behind Act of 2001)
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Scientifically Based Instruction

According to NCLB, schools have too often relied on programs and practices based on fad, fancy, and personal bias at the expense of students NCLB, therefore, emphasizes using educational programs that have been demonstrated to be effective by rigorous scientific research All professional development activities and use of funds must be grounded in scientifically based research and must focus on improving student academic achievement
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How to Find Existing Science

Search literature
Screen peer-reviewed journals (e.g., Exceptional Children, Behavioral Disorders) Search for predigested evidence Narrative reviews (ERIC digests) Systematic reviews (meta-analysis)
Attend conferences (e.g., annual conference of the National Council for Exceptional Children) Screen government resources (e.g., U.S. Department of Educational homepage, www.ed.gov; What Works Clearinghouse)
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What the U.S Department of Education Will Do

The What Works Clearinghouse (www.whatworks.ed.gov) interventions linked to evidentiary support systematic reviews Evaluation Research Well-designed evaluations of EDs own programs Funds evaluations of promising innovations Funds capacity building efforts
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How Do NCLB and IDEA Work Together?
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NCLB & IDEA

(Yell, Katsiyannis, & Shriner, 2006)
NCLB
Focus: Group (AYP) Value: Proficiency Target: Absolute (AYP) Accommodations: Preserve validity of measure
IDEA
Focus: Individual (IEP) Value: Progress Targets: Relative (Goals) Accommodations: Modifications to include children in assessments Instructional priority: Academics, functional skills (e.g., Behavior) 64
Instructional priority: Reading & math

NCLB and Special Education

All students in special education are included in AYP calculations All students in special education must be tested on the PACT or an alternative assessment Special education teachers must be highly qualified Paraprofessionals must meet NCLB standards and be used in an appropriate manner Special education teachers must know and use researchbased practices
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IDEA and NCLB: Implications for States

States must establish goals for the performance of students with disabilities that are consistent with AYP and other goals set by the state (including graduation and dropout rates)
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For More Information

U.S. Department of Education http://www.ed.gov No Child Left Behind Homepage http://www.ed.gov/nclb/landing.jhtml?src=ln The complete text of No Child Left Behind
http://www.ed.gov/policy/elsec/leg/esea02/index.html
A Toolkit for Teachers http://www.ed.gov/teachers/nclbguide/index2.html NCLB Data Driven Decision Making

http://www.ed.gov/teachers/nclbguide/index2.html
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Chapter8 NCLB

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Chapter8 NCLB

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The No Child Left Behind Act (NCLB) of 2001

Changes in Federal Education Law

A Nation at Risk, 1986

The National Education Summit, 1989

Goals 2000: Educate America Act of 1990

The Improving Americas Schools Act of 1994

No Child Left Behind Act of 2001

No Child Left Behind

Scientifically Based Instruction

Important Things to Understand About NCLB

NCLB Performance Goals

NCLB accomplishes this by:

Adequate Yearly Progress

Example: Defining APR in Reading

ALL students with disabilities must participate in annual statewide testing!!

ALL students with disabilities are included in AYP calculations

The Goal of the 2% Regulation

What Does This Mean for You?

Adequate Yearly Progress

NCLB: Public Reporting

If a School Doesnt Make AYP for:

School Improvement Plan

The School Improvement Plan must:

The school plan must also

The school plan must also

Public School Choice

Schools That Can Receive Students

Schools That Cannot Receive Students

If a School Doesnt Make AYP for:

Supplemental Educational Services

Four Criteria for Providers

Responsibilities of the Provider

Special Education Students

If a School Doesnt Make AYP for:

Possible Corrective Actions

If a School Doesnt Make AYP for:

Exiting School Improvement

Major Components of NCLB

Scientifically Based Instruction Highly Qualified Teachers

Highly Qualified Teachers

Highly Qualified Elementary Teachers

Highly Qualified Middle and Secondary School Teachers

Highly Qualified Special Education Teachers

HQ Special Education Teachers

HIGHLY QUALIFIED TEACHERS Annual Measurable Objective

LEAs must demonstrate annual increases

Developing programs designed to improve the quality of the teaching

When do the new requirements have to be met?

What Happens When Schools Do Not Have HQ Teachers?

Unsafe Schools Choice Option

NCLB Standards for Paraprofessionals

Paraprofessionals may be assigned to

Major Components of NCLB

Scientifically Based Instruction Highly Qualified Teachers

Scientifically Based Research

(No Child Left Behind Act of 2001)

Scientifically Based Instruction

How to Find Existing Science

What the U.S Department of Education Will Do

How Do NCLB and IDEA Work Together?

NCLB & IDEA

Instructional priority: Reading & math

NCLB and Special Education