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New JerseySchool Boards AssociationHeadquarters: 413 West State Street, Post Office Box 909, Trenton, New Jersey 08605-0909Telephone: 609-695-7600 Toll Free: 1-888-886-5722 Fax: 609-695-0413 Web site: www.njsba.org |
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CAPE MAY COUNTY SCHOOL BOARDS ASSOCIATION Annual Fall Workshop Tuckahoe InnBeeseley’s Point, N.J. October 7, 2003 Michael F. Kaelber, Esq. Senior Associate Counsel, NJSBA Legal Department
No Child Left Behind
Introduction - On January 8, 2002, President Bush signed into law the “No Child Left Behind Act (NCLB).” This Act reauthorizes the nation’s preeminent federal education law, the Elementary and Secondary Education Act of 1965 (ESEA) and is the broadest modification of the ESEA since its enactment. NCLB extends the federal government’s role in education delivery and impacts upon all public school districts in the nation. The Act identifies several areas for monitoring and evaluation to ensure that every public school district receiving federal funds improves school quality and student achievement. NCLB contains four basic education reform principles: stronger accountability for results, increased flexibility and local control, expanded options for parents and an emphasis on teaching methods that have been proven to work. The full version of NCLB can be found at http://www.nochildleftbehind.gov · New Jersey’s NCLB Q&A–http://www.nj.gov/njded/grants.nclb/faq.shtml
I. Standards, Assessment and Accountability
A. Standards - NCLB requires each state to create rigorous academic standards in the areas of math, language arts literacy and science (2005-2006) and to assess every student’s progress using tests that are properly aligned to those standards.
1. Revised N.J. Core Curriculum Content Standards – Adopted July 2002 See SDOE website http://www.state.nj.us/njded/cccs/
a. Language Arts Literacy b. Mathematics c. Science
2. Draft N.J. Revisions – August 2002
a. Visual and Performing Arts, Career Education and Life Skills, Comprehensive Health and Physical Education, Social Studies, Technological Literacy, World Languages b. State Board – First Discussion Level September 2002 c. Technology adopted – January 2003 d. Adoption of others – State Board Discussion October 1, 2003 New Draft October 2003 - January/ February 2003
3. USDOE Standards and Assessment Non-Regulatory Draft Guidance http://www.ed.gov/policy/speced/guid/nclb/standassguidance03.pdf
B. Assessment
1. Beginning in 2002-03, each state must administer assessment tests in Language Arts Literacy and Math in at least one grade in each of three grade spans, 3-5, 6-9 and 10-12.
2. Annual testing in Math and Language Arts Literacy will be required beginning in 2005-06 for grades 3-8, and one year in grades 10-12. Beginning in 2007-08, Science must be tested in at least one grade in each of three grade levels, 3-5, 6-9, and 10-12.
3. New Jersey plans to phase in the testing over a three-year period. N.J.A.C. 6A: 8-4.1.
a. Elementary
(1) 2002-03 Grades 3,4 LAL, M (2) 2003-04 Grades 3,4,5,6 LAL, M, S (4) (3) 2004-05 Grades 3,4,5,6,7 LAL, M, S (4)
b. Secondary
(1) GEPA Grade 8 LAL, M S (2002-03) (2) HSPA/SRA Grade 11 LAL, M S (2005-06) (3) APA Grades 4,8,11 LAL, M
4. USDOE approval given to New Jersey for administration of new third and fourth grade tests, Spring 2003. http://www.nj.gov/njded/news/0318ask.htm
a. NJ ASK 3 (Assessment of Skills and Knowledge) – new, piloted 2003. b. NJ ASK 4 (Assessment of Skills and knowledge) - replaced ESPA. c. Both tests administered May 20-23, 2003. d. ETS site - http://www.ets.org/njask
5. USDOE Standards and Assessment Non-Regulatory Draft Guidance http://www.ed.gov/policy/speced/guid/nclb/standassguidance03.pdf
6. Beginning in 2002-03, all states will be expected to participate in the 4th and 8th grade reading and mathematics sections of the National Assessment of Educational Progress (NAEP). NAEP is given to a random sample of students in the state, not all students. LEA participation is mandatory, if requested. If no participation, lose Title I money. http://www.state.nj.us/njded/news/0514naep.htm
C. Adequate Yearly Progress (AYP)
1. Each state required to define by January 2003
a. New Jersey’s Consolidated State Application Accountability Workbook submitted: January 31, 2003 b. NCLB Advisory Council/Subgroups c. LEE Group collaboration d. Peer Review – April 9, 2003 e. Approval granted May 8, 2003 – 17th state f. http://www.nj.gov/njded/grants/nclb/workbook.pdf
2. All students (95%) must take the assessments, including 95% of students in each subgroup. Analyzed in disaggregated form with subgroups.
3. Students who enter the district after July 1 are not included.
4. AYP must be based on state assessments and at least one other academic indicator.
a. Secondary – graduation rates (required) – 2002-2003 Dropout data, then NJSMART – 2.6% or reduction of .5% b. Elementary and middle schools – attendance, 90% c. Analyzed in disaggregated form with subgroups.
5. Progress must be tracked in the aggregate (all students), and separately for students who:
a. are economically disadvantaged; (free, reduced price lunch) b. are racial or ethnic subgroups; · White, African-American, Hispanic, Asian/Pacific Islander, Native American, Other race; c. have disabilities; and d. are limited English proficient (LEP)
New Jersey State recommended minimum statistically reliable subgroup numbers for assessment purposes – 90 percent confidence interval. N=11 for reporting purposes. Final approval, n=20 for AYP, n=11 for reporting to the public. Special Education and LEP students counted back to their home school.
6. Rule proposal - 34 CFR Part 200 – Setting the cap at 1.0% for students with the most significant cognitive disabilities whose achievement can be measured against alternate achievement standards for determining AYP at the LEA and State levels.
a. Could have more than 1.0% of students in a given school take the APA. b. Students whose intellectual functioning and adaptive behavior are three or more standard deviations from the mean. c. LEA may ask the State and the State may ask the Secretary of Education for an exception to exceed the 1.0 % limitation.
Comments to federal government by May 19, 2003. Currently being reviewed. State advising districts to enforce as if the rule were in effect.
7. Accountability measures, proficiency, New Jersey Monitoring – N.J.A.C. 6A: 8-4.4
a. July 1, 2003
(1) State assessment/APA 75% school 75% district (2) GEPA/APA 75% school 75% district (3) HSPA/SRA/APA 85% school 85% district
8. NCLB requires that by 2013-14, all students (100%) must attain proficiency levels on state assessments.
a. Bar must be raised in equal increments. b. First increase within 2 years and at least every 3 years thereafter – 12 year plan. c. State recommendation – every three years using the Compound Annual Growth Rate (CAGR)
9. N.J. used the spring 2002 administration of the ESPA, GEPA and HSPA results to establish baselines for adequate yearly progress (AYP). 20th Percentile statewide. N.J. will offer the Special Review Assessment (SRA) as an alternative assessment, and the Alternate Proficiency Assessment (APA) for special education students whose disabilities cannot be accommodated within the regular testing program.
a. Starting points for AYP under NCLB http://www.nj.gov/njded/grants/nclb/policy/ayp/starting.htm
Grade 4 LAL 68%, M 53% Grade 8 LAL 58%, M 39% Grade 11 LAL 73%, M 55%
b. Future years assessments will be “bundled” within the same grade level percentages.
10. New Jersey Department of Education Resource Documents http://www.nj.gov/njded/grants/nclb/policy/ayp/index.html
a. Title I allocations by LEA b. Starting points for AYP under NCLB c. School Improvement Categories and Accountability d. Title I NCLB Memo to CSAs
D. Report Cards
1. District results must be publicly reported annually in district and state report cards. Individual school results must be published on the district report cards.
a. New Jersey State Report Card statute. N.J.S.A. 18A: 7E-3. b. Administrative Code N.J.A.C. 6A: 8-4.5 c. State Report Card http://education.state.nj.us/rc/ d. State Data Collection Information Center http://www.nj.gov/njded/data/ e. USDOE Report Cards Draft Non-Regulatory Guidance http://www.ed.gov/programs/titleiparta/reportcardsguidance.doc
2. Each report card must include:
a. student academic achievement on statewide tests disaggregated by subgroup – 11 student minimum; b. a comparison of students at basic, proficient, and advanced levels of academic achievement; c. high school graduation rates; d. the number and names of schools identified for improvement; e. the professional qualifications of teachers; and f. the percentages of students not tested.
3. Modified version issued August 2003 with 2002 data. 2003 data due to be issued October 2003.
E. School Improvement
1. A school, failing to meet AYP goals, will be held accountable. Parents must be informed of available educational options including school choice and supplemental education services, such as after school tutoring. Chronic failure to meet AYP goals may result in state corrective action and restructuring. · 2003 Test Data – Cycle 1 scores in August
2. Timetable – Schools in Need of improvement
a. No AYP - Year 1 b. No AYP – Year 2 c. No AYP – Year 3 – Improvement I (Choice) d. No AYP – Year 4 – Improvement II (Supplemental Services) e. No AYP – Year 5 – Corrective Action f. No AYP – Year 6 – Restructure I (Plan Development) g. No AYP – Year 7 – Restructure II (Plan Implementation)
3. If a school identified for improvement, corrective action or restructuring makes AYP for two consecutive years, it is no longer in need of improvement.
4. Title I School Improvement Categories http://www.nj.gov./njded/data/title1/
5. Improvement I - School Choice
a. Q&A – http://www.nj.gov/njded/parents/title1.htm b. Parental notification. – http://www.state.nj.us/njded/title1/act/parent.htm c. Low-income families with children in these schools may request a transfer to a performing school within the district, charter school or choice school, priority to lowest achieving. http://www.nj.gov/njded/title1/act/choice_options.htm d. Agreements with other districts are not required but are “highly encouraged”. e. If no intra-district choice options are available because all schools at that grade level are in need of improvement or because of space limitations, supplemental services should be provided. f. The district must provide transportation to the chosen school within Title I funding limits. g. New Jersey Department of Education Resource Documents http://www.nj.gov/njded/grants/nclb/choice/
(1) School choice survey number of transfers requested and granted (2) School Choice and Supplemental Services Survey Summary of Information (3) NCLB Category I Schools in Need of Improvement
h. USDOE School Choice Draft Non-Regulatory Guidance – 12/4/2002 http://www.ed.gov/policy/elsec/guid/schoolchoiceguid.pdf
6. Improvement II – Supplemental Services
a. Eligible to students from low-income families, priority to lowest achieving – annual notice to parents. b. Parents select from state developed list of supplemental educational services providers – http://www.nj.gov/cgi-bin/education/grants/ssp.pl?string=r&maxhits=10000 c. New Jersey Department of Education Resource Documents http://www.nj.gov/njded/grants/nclb/policy/ See supplemental services d. Title I funding limits. e. USDOE Supplemental Services Draft Non-Regulatory Guidance – 8/22/2003 http://www.ed.gov/policy/elsec/guid/suppsvcsguid.pdf
7. Corrective Actions
a. Replace school staff relevant to failure b. Institute and implement new curriculum c. Significantly decrease management authority d. Appoint outside experts e. Extend school day and/or year f. Restructure internal organization
8. Restructuring
a. Convert to charter school b. Replace school staff c. Contract with private school management company d. State takeover
II. Educator Quality
A. By 2005-06 every classroom must have a “highly qualified” classroom teacher. Fully certified for the subject they are teaching; alternate route OK. No emergency, temporary or provisional certification.
1. Elementary Teacher
a. Holds a bachelors degree b. Holds a valid NJ teaching certificate – no emergency c. Has demonstrated mastery by passing a rigorous test in reading, writing, math and other areas of the curriculum; or d. Meeting the requirements of a uniform state standard of evaluation (HOUSE).
2. Middle or High School Teacher
a. Holds a bachelors degree b. Holds a valid NJ teaching certificate – no emergency c. Has demonstrated competency in subject area taught by passing a rigorous State test, or through completion of an academic major, graduate degree, or comparable coursework; or d. Meeting the requirements of a uniform state standard of evaluation (HOUSE).
3. Staff members in need of HOUSE support
a. Special education teachers b. Middle school teachers c. Veteran teachers
5. USDOE Improving Teacher Quality Draft Non-Regulatory Guidance 9/12/2003 http://www.ed.gov/programs/teacherqual/guidance.pdf
B. The New Jersey Model for Identifying Highly Qualified Teachers http://www.nj.gov/njded/profdev/house.htm
1. 9/16 Memo Summarizing Model Revisions http://www.nj.gov/njded/profdev/house_memo.htm
2. High Objective Uniform State Standard of Evaluation (HOUSE) for NJ
a. Multiple and Objective Measures of Competency 1. Preparation Requirements 2. Testing Requirements 3. Licensing Requirements 4. Advanced Credentials 5. Experience/Professional Growth
b. Survey of teachers – N.J. Highly Qualified Teacher Identification Forms due November 3 1. The New Jersey Highly Qualified Teacher Identification Forms A-E 2. New Jersey House Standard: The Content Knowledge Matrix Form F 3. NJ Highly Qualified Teacher Statement of Assurance Form G
c. Compliance Timelines 1. Title I Schools/Programs a. New teachers, 2002-2003 b. Newly hired teachers – 2002-2003 HOUSE standards c. Veteran teachers – 2005-2006 HOUSE standards 2. Non-Title I Schools/Programs – All teachers 2005-2006
3. Certification Code – Third Discussion level, State Board of Education 7/03
C. Paraprofessionals, such as classroom aides hired with Title I funds, are expected to complete at least two years of college (48 credits), obtain an associate’s or higher degree, or be able to demonstrate a standard of quality through a formal state or local assessment of knowledge of and ability to assist in reading, writing and mathematics instruction or reading, writing and mathematics readiness.
1. All new hires in Title I programs after January 8, 2002 must meet these requirements.
2. Currently employed paraprofessionals have until January 8, 2006 to meet these requirements.
3. Local or State Assessments a. ETS ParaPro Test b. ACT Workkeys Proficiency Certificate c. Online Test Preparation Programs d. NJDOE Performance/Portfolio Assessment for Paraprofessionals e. Locally created assessments
4. SDOE Website Resources
a. NCLB requirements – www.nj.gov/njded/grants/nclb/paraprofessional_guidance.shtml b. Paraprofessional Resources www.nj.gov/njded/grants/nclb/paraprofessional_resources.pdf c. Paraprofessional Regulations - Q&A www.nj.gov/njded/grants/nclb/paraprofessional_regs.shtml
5. USDOE Paraprofessionals Draft Non-Regulatory Guidance - 11/07/2002 http://www.ed.gov/policy/elsec/guid/paraguidance.pdf
III. NCLB Policy Implications for School Districts
A. School safety – persistently dangerous schools
1. New Jersey Department of Education guidance http://www.nj.gov/njded/grants/nclb/policy/unsafe.htm
a.
6/9/03 Memo to CSAs re: USCO State Policy (Regional Assistant
Commissioners)
2. USDOE Draft Non-Regulatory Guidance http://www.ed.gov/policy/elsec/guid/unsafeschoolchoice.pdf
3. Unsafe School Choice Policy - Adopted by State Board 6/03 http://www.state.nj.us/njded/news/0618usco.htm
B. Home Schools
C. Student privacy
D. School prayer
1. Federal Guidance on Constitutionally Protected Prayer in Public Elementary and Secondary Schools http://www.ed.gov/policy/gen/guid/religionandschools/prayer_guidance.html
2. Secretary’s Letter on Constitutionally Protected Prayer in Public Elementary and Secondary Schools http://www.ed.gov/policy/gen/guid/religionandschools/letter_20030207.html?exp=0
3. NSBA Article by Thomas Hutton - Sins of Omission - Federal Prayer guidance may Cause Headaches for Schools http://www.nsba.org/site/docs/11200/11121.doc
4. SDOE Certification of Constitutionally Protected Prayer Document
E. Boy Scouts F. Sex education G. Military recruiters 1. Access to High School Students and Information on Students by Military Recruiters. U.S. Department of Education. October 9, 2002 http://www.ed.gov/policy/gen/guid/fpco/hottopics/ht-10-09-02a.html
2. Family Educational Rights and Privacy Act (FERPA) Model Notice for Directory Information. U.S. Department of Education, October 9, 2002. http://www.ed.gov/policy/gen/guid/fpco/hottopics/ht-10-09-02a.html H. Liability protection for school leaders
I. Homeless students
1. USDOE Draft Non-Regulatory Guidance Education for Homeless Children and Youth Program http://www.ed.gov/programs/homeless/guidance.pdf
2. Code Proposal N.J.A.C. 6A:17. First Discussion Level – State Board – district of origin; parent option
J. Ban on indoor smoking K. Charter Schools · USDOE Draft Non-Regulatory Guidance – The Impact of the New Title I Requirements on Charter Schools http://www.ed.gov/policy/elsec/guid/cspguidance03.pdf
IV. NCLB General Resources
A. NJSBA Website – www.njsba.org
B. USDOE NCLB Website – www.nclb.gov
C. NJSDOE Website – www.state.nj.us/education
Legal/Outlines/NCLB-Cape May.mfk.cjs
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