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1 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.

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Presentation on theme: "1 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."— Presentation transcript:

1 1 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

2 2 Changes in Federal Education Law Assistance Accountability The Elementary and Secondary Education Act of 1965 “A Nation at Risk,” 1986 The National Education Summit, 1989 Goals 2000: Educate America Act of 1990 The Improving America’s Schools Act of 1994 No Child Left Behind Act of 2001 Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

3 3 No Child Left Behind Highly Qualified Teachers Scientifically Based Instruction Accountability for Results (AYP) Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

4 4 Important Things to Understand About NCLB NCLB is a reaction to low academic achievement in America’s 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) Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

5 5 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. Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

6 6 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 Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

7 7 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 Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

8 8 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 Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

9 9 Example: Defining APR in Reading 01-02 02-03 03-04 06-07 09-10 08-09 07-08 05-06 04-05 10-11 11-12 12-13 13-14 17.6 proficient 10% 30% 40% 90% 100% 20% 80% 60% 50% 70% 38.2% Proficient 58.8% Proficient 79.4% Proficient 100% Proficient Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

10 10 ALL students with disabilities must participate in annual statewide testing!! ALL students with disabilities are included in AYP calculations Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

11 11 The IEP team decides HOW a student will participate, not WHETHER he or she will participate!! Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

12 12 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 Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

13 13 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 Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

14 14 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 Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

15 15 What Does This Mean for You? The IEP must address a student’s participation in the statewide assessment Four options (only three options at present) 1.A student will take the statewide assessment as is 2.A student will take the statewide assessment with appropriate accommodations or modifications (explain in the IEP) 3.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) 4.A student will take an assessment based on modified achievement standards Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

16 16 Adequate Yearly Progress Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

17 17 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 … Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

18 18 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 Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

19 19 NCLB: Public Reporting The results of K – 12 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 Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

20 20 If a School Doesn’t 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) Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

21 21 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. Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

22 22 School Improvement Plan Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

23 23 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 school’s core academic subjects that have the greatest likelihood of raising student achievement to meet the state proficient level Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

24 24 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 Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

25 25 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 Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

26 26 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. Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

27 27 Schools That Can Receive Students May not be identified for improvement May include a public charter school within the LEA Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

28 28 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. Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

29 29 If a School Doesn’t Make AYP for: Three Consecutive Years School continues to receive technical assistance Public school choice School must offer supplemental educational services to disadvantaged students Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

30 30 Supplemental Educational Services Extra academic assistance for low- income students who are attending Title I schools that have failed to make AYP for 3 or more years Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

31 31 Allowable Services Tutoring Remediation Academic intervention Instruction must take place outside the regular school day Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

32 32 Four Criteria for Providers A demonstrated record of effectiveness High-quality instructional strategies Services consistent with the LEA's instructional programs and the state’s academic content standards Financially sound Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

33 33 Provider Profile School or LEA Institution of higher education Educational service agency Nonprofit or for-profit entity Faith-based organization Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

34 34 Responsibilities of the Provider Set specific achievement goals for the student Describe how the student’s progress will be measured Establish a timetable for improving the student’s achievement Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

35 35 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 Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

36 36 If a School Doesn’t Make AYP for: 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: Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

37 37 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 Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

38 38 If a School Doesn’t Make AYP for: 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 Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

39 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 Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

40 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 school’s governance arrangement Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

41 41 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. Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

42 42 Major Components of NCLB Highly Qualified Teachers Scientifically Based Instruction Accountability for Results (AYP) Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

43 43 Highly Qualified Teachers NCLB requires that all public school teachers must be highly qualified by the 2005-2006 school year Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

44 44 Three Components of HQ 1.Education (minimum of bachelor’s) 2.Certification (full state, no waivers) 3.Competence (demonstrated) Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

45 45 Experienced teachers can demonstrate competence by meeting the high objective uniform state standard of evaluation (HOUSSE) Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

46 46 Highly Qualified Elementary Teachers as 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 certification or licensing test or tests in reading, writing, mathematics, and other areas of basic elementary school curriculum). 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). Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

47 47 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. Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

48 48 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 IDEA’s 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 Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

49 49 HQ Special Education Teachers 1.Bachelor’s degree or higher 2.State certification (including state-approved alternative certification) with no waivers 3.Competency (SC example) a.Resource room — No testing requirements if the resource room teacher is not considered the teacher of record, otherwise Elementary Praxis II b.Self-contained — Elementary Praxis II (content area or curriculum instruction and assessment) c.SC HOUSSE (observations by teachers trained in the standards) Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

50 50 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 Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

51 51 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 Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

52 52 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. Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

53 53 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 student’s parents There is no right of action due to a school’s failure to provide an HQ special education teacher Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

54 54 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. Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

55 55 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) Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

56 56 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

57 57 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 Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

58 58 Major Components of NCLB Highly Qualified Teachers Scientifically Based Instruction Accountability for Results (AYP) Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

59 59 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) Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

60 60 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 Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

61 61 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) www.ed.gov Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

62 62 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 ED’s own programs Funds evaluations of promising innovations Funds capacity building efforts Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

63 63 How Do NCLB and IDEA Work Together? Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

64 64 NCLB & IDEA (Yell, Katsiyannis, & Shriner, 2006) NCLB Focus: Group (AYP) Value: Proficiency Target: Absolute (AYP) Accommodations: Preserve validity of measure Instructional priority: Reading & math IDEA Focus: Individual (IEP) Value: Progress Targets: Relative (Goals) Accommodations: Modifications to include children in assessments Instructional priority: Academics, functional skills (e.g., Behavior) Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

65 65 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 research- based practices Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

66 66 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) Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

67 67 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 Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved


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