2. 1 No Child Left Behind Scott F. Johnson, Esq. NHEdLaw, LLC www.nhedlaw.com Overview

3. 2 About me  Franklin Pierce Law Center and Concord University School of Law.  New Hampshire Education Law (NHEdLaw, LLC) www.nhedlaw.com. Website has resources and the book New Hampshire Special Education Law Manual: A Guide for Parents, Educators, & Professionals.  Education Law Resource Center, www.edlawrc.com. Website has resources mostly on restraints so far and the book Preventing Physical Restraints in Schools: A Guide for Parents Educators & Professionals.  Claremont Lawsuit

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6. 5 Origins  Started in 1965 with Title I  Elementary and Secondary Education Act  Authorized grants for elementary and secondary school programs for children of low-income families  Then Goals 2000: Educate America Act of 1994  Then prior reauthorization of Title I under Clinton

7. 6 Lots of stuff  Standards and assessments  Highly qualified teachers and paraprofessionals  Technology  Boy Scouts & Little League  Prayer  Sex education  Military recruitment

8. 7 Legislative purpose § 6301. Statement of purpose “to ensure that all children have a fair, equal, and significant opportunity to obtain a high-quality education and reach, at a minimum, proficiency on challenging State academic achievement standards and state academic assessments”

9. 8 Legislative purpose This purpose can be accomplished by-- Increased TESTING Attention to LOW ACHIEVING STUDENTS Increased ACCOUNTABILITY Improved PROGRAM AND TEACHING QUALITY SCHOOL CHOICE

10. 9 Legislative purpose This purpose can be accomplished by-- (1) ensuring high-quality academic assessments, accountability systems, teacher preparation, curriculum, and instructional materials are aligned with challenging State academic standards (2) so that students, teachers, parents, and administrators can measure progress against common expectations for student academic achievement; (3) meeting the educational needs of low-achieving children in our Nation's highest-poverty schools, limited English proficient children, migratory children, children with disabilities, and young children in need of reading assistance; (4) closing the achievement gap between high- and low-performing children, especially the achievement gaps between minority and nonminority students, and between disadvantaged children and their more advantaged peers;

11. 10 Legislative purpose This purpose can be accomplished by-- ACCOUNTABILITY holding schools, local educational agencies, and States accountable for improving the academic achievement of all students, and identifying and turning around low- performing schools while providing alternatives to students in such schools to enable the students to receive a high-quality education;

12. 11 Accountability One statewide system that applies to all public schools and all publicly educated students. Testing Report Cards

13. 12 Accountability – Standards & Assessments Must include high standards for students should know & learn. Must measure student progress & achievement towards meeting those goals with tests that are aligned with the standards and that are valid and reliable. ALL students are proficient in language arts or reading and math within 12 years.

14. 13 Standards & Achievement describe two levels of high achievement: proficient and advanced. achievement levels determine how well children are mastering the material in the state academic content standards. third level of achievement called “basic” is required to provide complete information about the progress of students towards meeting the proficient or advanced levels  NH had curriculum frameworks and NHEIAP.  Now use grade level equivalencies and grade span expectations in Reading, Writing and Math and the NECAP.

15. 14 Assessment Enable results to be disaggregated within each state, local educational agency and school by: gender, major racial and ethnic group, English proficiency status, disability status under the IDEA, and economically disadvantaged students as compared to students who are not economically disadvantaged.

16. 15 Testing requirements & timelines  2002-2003: mandatory participation by state in NAEP every other year in grades 4 & 8  2005-2006: Reading or Language Arts & Math in grades 3-8 every year & once in grades 10-12  2007-2008: Science once in grade span 3-5, 6-8, and 10-12

17. 16 Testing & accountability - tests

18. 17 Report cards STATE ACCOUNTABILITY ALSO includes State and local district report cards Concise Understandable In a language parents can understand

19. 18 Report cards  State and local  Report student achievement on assessment tests by sub- group  Non-title I schools must be included  Report students at each level (basic, proficient, advanced)

20. 19 Report Cards Shall include: Graduation rates Names of schools identified for improvement Compare achievement levels for groups based on objectives Student achievement each subject, each level, disaggregated Qualifications of teachers including % not highly qualified

21. 20 AYP  Adequate yearly progress  Schools must demonstrate that their students are improving at steady and consistent increments each year towards meeting the requirement of 100 percent of students being at proficient or advanced levels by 2013-2014

22. 21 AYP ANNUAL YEARLY PROGRESS 2001-02 starting point State defines some flexibility but must be based primarily on academic assessment tests Must also include graduation rates for public secondary students and at least one other academic indicator as determined by the state for all public elementary school students - generally attendance rates

23. 22 AYP  EVERYONE must make annual % increase EACH subgroup  Racial/Ethnic Groups  Economically disadvantaged  Limited English Proficiency  Students with disabilities EACH grade EACH subject  Failure of ANY subgroup “school improvement to meet % increase for 2 years in same content area results in “school improvement” process

24. 23 AYP 95 percent participation rate in each subgroup factored into AYP

25. 24 AYP - Safe Harbor  A "safe harbor" will be provided for schools that demonstrate that students in a particular subgroup are making significant progress toward proficiency, but have not technically made AYP  10% rule – the percent of students not meeting proficiency expectations be reduced by 10 percent  If meet the 10 % rule must also meet the other academic criteria – attendance or graduation rate

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27. 26 School in need of improvement 1. Persistently dangerous schools 2. Fail to make AYP in same content area for any sub-group for two consecutive years

28. 27 Persistently dangerous schools  Done by NH defined in RSA 193-G  Only if 3 qualifying incidents occur in 3 consecutive years:  Homicide  First or second degree assault  Aggravated felonious sexual assault  Arson or robbery  Sale/possession of a firearm or dangerous weapon

29. 28 Persistently dangerous  If designated must offer school choice to all students to safe public school at the same grade level in within the local educational agency.  Designation lasts until two consecutive years of not meeting the three criteria listed.  Must notify parents of the right to transfer  Must provide transportation  Students may stay at safe school until the end of the last grade level offered at the school from which they transferred.

30. 29 Timeline Year 12001-02Baseline Year 22002-03Fail to make AYP Year 32003-04Fail to make AYP Year 32004-051 st year improvementimprovement plan, school choice Year 42005-062 nd year improvementAbove + supplemental services Year 52006-07Corrective ActionAbove + more Year 62007-08RestructuringAbove + more and more

31. 30 School In Need of Improvement Applies only to schools/districts receiving Title I, Part A funds. School districts identify the schools that have not made AYP. State identifies districts that have not made AYP. Once identified must: –notify parents of the school ’ s status and options. –prepare a 2-year school improvement plan.

32. 31 Improvement Plans - details Must address how the school/district will make adequate yearly progress by specifically addressing the issues that prevented it from doing so in the past. Must address core academic subjects and the strategies to teach them. Must set measurable goals and adopt strategies that have the greatest likelihood of achieving goals. Specify implementation responsibilities of school, district and state. Specify how funds will be used to remove the school from improvement status

33. 32 Professional Development  Must set aside ten percent (10%) of Title I funds for professional development.  Must be provided in a manner that affords increased opportunity for teachers to participate, and must incorporate teacher mentoring activities or programs.  Must be “high-quality,” sustained and classroom-focused.

34. 33 School choice Fail to make AYP for 2 consecutive years then must offer school choice

35. 34 School Choice Local school district must offer all students in schools in need of improvement, corrective action, or restructuring the opportunity to transfer to another public school in the school district. priority to low income, low achieving students

36. 35 School Choice  May go to any public school in the district that is not  In need of improvement  Persistently dangerous  Can include specialty and charter schools  But need not ignore admissions requirements  District has some discretion in deciding which schools if more than one option.  Must consider parental preferences, but do not have to guarantee or provide first parental choice.

37. 36 School choice May not refuse to send due to lack of capacity, i.e. overcrowding or room, but do not have to violate health and safety codes or pre- existing class size limits.

38. 37 School Choice – If no choices  Must, to the extent practicable, enter cooperative agreements with schools outside district.  If no options available must tell parents they are entitled to transfer but can’t.  Supplemental services if eligible. Encouraged to offer in first year of improvement if no choice, but not required.

39. 38 School choice – How long  Student permitted to stay at the new school through highest grade in the school.  Obligation to provide transportation ends when sending school is no longer in need of improvement.

40. 39 Transportation - Choice  District must provide as long as in need of improvement up to funding limits.  Must allocate 20 percent of Title I funds for choice transportation and supplemental services  Within the 20 percent, 5 percent must go to transportation.  Another 5 goes to supplemental  The remaining 10 percent can be used on either or both.

41. 40 Transportation - Choice  If funds insufficient give priority to lowest- achieving eligible students from low-income families.  Must still offer the opportunity to transfer to all students.  Some other federal funds and state funds can be used for transportation but don’t have to be.

42. 41 Supplemental Services Extra academic assistance for eligible students - low-income students who are attending Title I schools in need of improvement Available services include Tutoring Remediation Academic intervention Specifically designed to increase student achievement.

43. 42 Supplemental Services Instruction must take place outside the regular school day. Include providers to work with Limited English Proficient students and students with disabilities May provide transportation, but don ’ t have to.

44. 43 Supplemental Services The parents choose the supplemental service provider from a State approved list. Providers must be capable of providing supplemental education services consistent with the instructional program of the district ’ s and state ’ s academic standards.

45. 44 Supplemental services A provider may be a: School entity (public or private) Institution of higher education (public or private) Nonprofit or for-profit organization Faith based service organization

46. 45 Limits Continue until no longer in need of improvement. Up to funding cap in statute for school choice transportation and supplemental services. Per child expenditures lesser of: 1) Title I funding per low-income child or 2) cost of services When more request services than district can fund must prioritize based on lowest achieving students.

47. 46 Corrective Action  Continue choice and/or supplemental services  Implement new curriculum  Bring in outside experts  Extend the school day or school year  Replace staff in areas where not making AYP  Restructure internal organization

48. 47 Restructuring  Continue choice & supplemental services  Replace principal and other staff  Reopen as charter school  Turn over school to private company  Turn over school to State

49. 48 Two Years School improvement status goes away after two years of AYP.

50. 49 Delay If school makes AYP for one year after becoming school in need of improvement it delay’s the status of moving to the next step of sanctions on the timeline. If make AYP the next year, no longer in need of improvement. If don’t make AYP next year, the next level of sanctions kick in.

51. 50 Timeline Year 12001-02Baseline Year 22002-03Fail to make AYP Year 32003-04Fail to make AYP Year 32004-051 st year improvementimprovement plan, school choice Year 42005-062 nd year improvementAbove + supplemental services Year 52006-07Corrective ActionAbove + more Year 62007-08RestructuringAbove + more and more

52. 51 New Hampshire’s Accountability Law RSA 193-H Applies to all schools. Title I and non-Title I Requires only the improvement plan

53. 52 Acronym Game NCLBNo Child Left Behind AYPAdequate Yearly Progress LEPLimited English Proficiency SINISchool In Need of Improvement SESSupplemental Educational Services FBSOFaith Based Service Organization PJBSPBDSJM Pray, join the boy scouts, play baseball, don’t have sex, join the military.

54. 53 The End  PowerPoint up on www.nhedlaw.com in the NCLB for New Hampshire section.www.nhedlaw.com

55. 54 RSA 193-H:4 This Applies To To all public elementary and secondary schools in the state (Title I and non-Title I). Performance Targets  On or before 2013-2014 school year, schools shall ensure that all pupils are performing at the basic level or above on the statewide assessment.  Schools shall meet statewide performance targets relative to state assessments, attendance rates and percentage of pupils who graduate with a regular diploma from an approved high school. Opportunity to Review and Present Evidence Before identifying a school for improvement, the school district shall provide the school with an opportunity to review the school-level data on which the proposed identification is based. If the school feels the identification is in error for statistical or other substantive reasons then the school must provide supporting evidence before a final decision has been made. This decision must be made not later than 30 days after the school was identified. If the district approves the school’s appeal, they must submit this appeal to the NHDOE for approval. If the Commissioner l approves the LEA’s designation that the school has made AYP then the school is no longer designated as a School in Need of Improvement. If the Commissioner rejects the LEA’s designation, the LEA may appeal the final decision to the NH State Board of Education. Appeals to the State Board must be filed within 30 days.

56. 55 The improvement plan must identify and describe: 1. the areas that caused the school to be identified 2. the research-based strategies that will improve the identified areas 3. how district resources, including the district budget, will support the identified school’ in carrying out its plan; and 4. strategies for parent and family involvement that will increase the likelihood that improvement efforts are successful and sustained. In addition, each plan may include the following elements: a) the school curriculum, including curricula priorities and instructional materials; b) instructional models that incorporate researched 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 mechanism, 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; and i) extended learning activities for students. State law requires the development of an improvement plan within 90 days of the date the school or district was identified as in need of improvement Duration of the plan is two years RSA 193-H:4

57. 56 Sanctions Annual Progress Review – NH Law states:” on or before the one-year anniversary of being designated as a school or district in need of improvement, the commissioner shall designate a progress review team to evaluate the implementation of the improvement plans and the progress towards state performance targets. The progress review team shall deliver a report to the state board…” The progress review team will use the school’s approved improvement plan as the basis for its review. If the school is not making satisfactory progress in implementing its plan, the Commissioner shall issue a notice to the school and shall initiate a process for providing assistance. Upon the State Board’s review of the progress review team’s recommendation, Commissioner shall work with the school to review its plan. If the School Board does not revise the improvement within 60 days or if the State Board does not improve the revised plan then the Commissioner shall submit to the State Board, in a timely manner, an improvement plan including methods for implementing. The State Board shall direct the school board to implement the plan. RSA 193-H:4