IMPLICATIONS FOR KENTUCKY’S SCHOOLS AND DISTRICTS SUPERINTENDENTS’ WEBCAST MARCH 6, 2012 NCLB Waiver Flexibility 1

Four Principles of ESEA Waiver ● College- and Career-Ready Expectations for All Students ● State-Developed Differentiated Recognition, Accountability and Support ● Supporting Effective Instruction and Leadership ● Reducing Duplication and Unnecessary Burden 2

NCLB Waiver Flexibility Legal Citation Title I 1003(a) Applicable Areas SEA 4% set-aside can now be used to support all Priority Schools (Title I; Tier 2 – SIG; Title I-Eligible with 60% or less graduation rate) and Focus Schools (Title I; Title I- Eligible with 60% or less graduation rate). Implications ● Redirection of improvement dollars to serve Priority and Focus Schools at the SEA and LEA levels 3

NCLB Waiver Flexibility Legal Citation 1003(g) Applicable Areas SIG funds may support any Priority School. Implications ● 41 PLA schools identified as “Priority Schools” ● No additional schools to be identified until schools exit Priority School status ● Priority School status is for minimum of three years 4

NCLB Waiver Flexibility Legal Citation ● 1111 (b) (2) (E) – (H) – New AMOs Applicable Areas Overall accountability AMO Gap AMO by subgroup Cohort graduation overall Student participation goal overall College/Career Readiness overall Proficiency overall Teacher/principal effectiveness ( ) Implications ● Schools and districts to work with KDE on implementing delivery plans ● All Priority Schools to implement teacher/principal evaluation system that meets federal requirements 5

NCLB Waiver Flexibility Legal Citation 1114 (a) (1) Applicable Areas A Title I School with less than 40% free/reduced lunch may use school-wide program (SWP) status if a Priority or Focus School. Implications ● SWPs must meet the 10 SWP components (federally defined). ● Flexibility is going to be offered by USDOE of ranking schools by free/reduced lunch. (Note: KDE will be applying for an additional waiver and if granted, then high schools with Title I-Eligible schools with a 60% or less graduation rate may move up in the rankings.) ● Minimum free/reduced lunch percentage for Title I is 35%. 6

NCLB Waiver Flexibility Legal Citation ● 1116 (b) Applicable Areas ● Removes labels of improvement, corrective action, restructuring and requirements for set-asides for professional development, transportation, school choice and deferred funds to implement corrective action plans Implications ● Note 1116 (b) (13) remains in effect and students may continue in choice schools until highest grade within the school is completed ● Districts may offer school choice and/or transportation ● Parents to be notified immediately if district makes change ● Professional development and transportation set-asides now optional ● Corrective Action Plans no longer required since districts no longer identified as in corrective action. Also, districts no longer required to set aside deferred funds for implementing Corrective Action Plans ● Supplemental Educational Services (SES) now optional 7

NCLB Waiver Flexibility Legal Citation 1116 (c) (3) & (5) – (11) Applicable Areas Removes SEA requirement to identify LEAs for improvement or corrective action Implications ● New tiered system under Unbridled Learning accountability to be implemented 8

NCLB Waiver Flexibility Legal Citation 1116 (e) Applicable Areas Removes supplemental educational services (SES) requirement Implications ● KDE to notify existing/approved SES providers of new flexibility ● SES optional per district’s decision ● Parent notification to occur by district if SES not continued 9

NCLB Waiver Flexibility Legal Citation 1117 (b) (1) (B) Applicable Areas Flexibility with Reward Schools funding Implications ● KDE to seek partners to locate additional funding to support Reward Schools 10

NCLB Waiver Flexibility Legal Citation 2141 (a) and (c) Applicable Areas Focus on educator effectiveness Implications Waiver from requirement to complete an improvement plan and is no monitoring of plans Focus local funding on support and implementation of state educator effectiveness system During academic year, use Title II dollars to support principal observer certification training 11

NCLB Waiver Flexibility Legal Citation 6123 (a) Applicable Areas Transferability between covered programs increases from 50% to 100% (SEA) – (Note: Refers to Non- Administrative Dollars) Implications ● State area of flexibility, not for school districts 12

NCLB Waiver Flexibility Legal Citation 6123 (b) (1) Applicable Areas Transferability for LEA for covered programs Implications ● Redirection of existing dollars: √ Title II A (Teacher Quality funds) √ Title II D (Tech Ed funds) √ 21 st Century Community Learning Centers ● May transfer into Title I, Part A, but not out of Title I, Part A 13

NCLB Waiver Flexibility Legal Citation 6123 (d) Applicable Areas Removes requirements of modification of plans and notice of fund transfers for 6123 (a) and 6123 (b) (1) Implications ● Eliminates fund transfer paperwork 14

NCLB Waiver Flexibility Legal Citation 6123 (e) (1) Applicable Areas ● Equitable services for non-public/private schools Implications ● LEAs must provide equitable services to private schools before transferring any funds Transfer funds will not be calculated as part of base for set- asides ● Services provided to non-publics but no funds ● Non-public school formula unchanged 15

NCLB Waiver Flexibility Legal Citation 4201 (b) (1) (A) and 4204 (b) (2) (A) Applicable Areas 21 st Century Community Learning Center activities for use to support expanded learning time for expanded school day, week or year, both for school and non-school time Implications ● No major revisions to grant processes during current cycle ● KDE to work with districts to determine adequate options for flexibility based on a district’s student needs 16

NCLB Waiver Flexibility So, what does the waiver mean for school districts? Summary ● Waiver grants the following flexibilities: √Up to 30%, formerly set-asides (20% for SES and School Choice Transportation and 10% for professional development, for school improvement), of Title I, Part A funds can be used by the district to be targeted toward Priority and Focus Schools (per federal definitions on Slide 3). √Title 1003 (a) funds can now target Priority and Focus Schools (per federal definitions on Slide 3). √Set-asides are now more flexible.  The 20% set-aside for SES/School Choice Transportation can be used for allowable Title I activities.  The 10% set-aside for Professional Development can be directed toward other areas.  A Corrective Action District in the past had to withhold a “deferred amount” depending on the years in Corrective Action status; however, districts are no longer to be identified as in correction action. That amount can now be diverted to Title I, Part A for allowable Title I activities.  100% of Title IIA (Teacher Quality funds), Title IID (Technical Education funds) and 21st Century Learning Centers funds can be transferred to Title I, Part A to support Priority/Focus Schools (as long as “equitable services” are provided to non-public schools). 17

NCLB Waiver Flexibility Summary ● Paperwork and Forms Removed by Waiver: √Elimination of District Corrective Action Plan (unless in third year of process) √Elimination of Transfer reporting process √Elimination of SES approval process paperwork (Previously KDE approved district contracts with providers, but this is now waived.) 18

NCLB Waiver Flexibility Key Points to Remember ●The Waiver applies to the following √Title I Schools √Tier II Schools Served Under SIG √Title I-Eligible High Schools with 60% or less graduation rates ●Title I Funds still supplement rather than supplant, but greater flexibility with school improvement exists to target Priority and Focus Schools. ●Set-asides are still required for: Parent involvement, Homeless, McKinney-Vento, Neglected and Delinquent and Title I, Part A Equitable Services. ●KDE’s Office of District 180 will be providing technical assistance to Title I Directors. 19

NCLB Waiver Flexibility ● Consequences for Priority and Focus Schools/Districts (3- tiered approach) √First tier:  Plan developed to address specific area of weakness that resulted in their identification, gap (Focus Schools/Districts) or achievement (Priority Schools/Districts);  School plan must be submitted for collaboration and approval by the superintendent and reflect what supports will be provided by district;  District plan must indicate what supports district will be providing to schools;  Both must post plans to appropriate website 20

NCLB Waiver Flexibility ● Consequences for Priority and Focus Schools/Districts (3-tiered approach) √Second tier (Priority School/District identified for second or more consecutive time; Focus School/District that remains in category and does not make AMO/AYP for three consecutive compilations of Overall Score)  Plan revised  School plan submitted for collaboration and approval to superintendent and then district submits school plan on to KDE for approval; School plan must reflect what supports will be provided by district  District plan submitted to KDE for approval and must indicate what supports district will be providing to schools  Both schools and districts must post approved plans to websites √Third tier (Priority School/District identified for third or more consecutive time; Focus School/District that remains in category and does not make AMO/AYP for four consecutive compilations of Overall Score)  Same requirements as above  Participate in a set of improvement strategies outlined by accreditation process (ASSIST)  If directed by KDE, receive the assignment of a high-achieving partner district as a mentor  Accept ongoing assistance and resources throughout the year as assigned or approved by KDE 21

NCLB Waiver Flexibility Questions? 22