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Recommendations f

or Eff

ectiv

e

Teachers f

or

All Students,

Eff

ectiv

e Principals f

or

All Comm

unities

Issue Cur rent Statute/Regulation Recommendation D efinition of a H ighly Q ualified Teacher Section 9101(23)

All teachers must be highly qualified b

y the end of the

2006–07 school y

ear (originally 2005–06 school y

ear

,

but extended via guidance fr

om the U.S. S

ecr

etar

y of

Education). H

ighly qualified is defined as possessing

state cer

tification or licensur

e, holding a bachelor

’s

degr

ee and demonstrating subject matter kno

wledge. H ighly Q ualified Teacher (HQ T). M aintain curr

ent law for four y

ears after the

enactment of a r

eauthoriz

ed NCLB as described belo

w in the HQET section. A

dd

one additional way to acquir

e HQ

T status: obtaining an adv

anced cr

edential that

requir

es master

y of subject matter and pedagogy thr

ough a compr ehensiv e por tfolio assessment. H ighly Q

ualified and Effectiv

e

Teacher (HQET).

D

uring the initial period of

reauthorization (2008–12) all teachers teaching cor

e academic subjects would

be r

equir

ed to meet HQ

T or HQET r

equir

ements. HQET would include all of

the existing HQ

T pr

ovisions and would also r

equir

e teachers to meet both of the

follo

wing criteria: • D

emonstrating, thr

ough a v

alue-added metric, learning gains b

y their students

in the subjects they teach Attaining one of the follo

wing: a positiv

e ev

aluation of a teacher

’s per

formance

by his or her principal, or a positiv

e ev aluation of a teacher ’s per formance thr ough a peer r evie w pr ocess The pr ocesses dev

eloped or selected for peer and principal r

evie

ws must be appr

ov

ed

by a state or district, and teachers and principals would be r

equir

ed to r

eceiv

e training

in its use. The demonstration of learning gains would be w

eighted no less than 50

per

cent of the total ev

aluation to

war

d achieving HQET status.

All states must establish HQET within four y

ears of enactment of a r

eauthoriz

ed

NCLB, but can implement such r

equir

ements earlier if they can demonstrate

ability to meet necessar

y data r equir ements. HQET would r equir e each state to dev

elop a data system capable of v

alue-added measur ement (tr acking individual student pr ogr ess fr om y ear to y ear). S

tates that want to include gr

owth in their

adequate y

early pr

ogr

ess (A

YP) calculations would be r

equir

ed to implement HQET

requir

ements at the same time that they implement plans for including gr

owth in

their A

YP calculations.

All teachers in a state would be r

equir

ed to meet the ne

w r

equir

ement of HQET once

HQET is established in that state. The H

ighly O bjectiv e, U niform, S tate S tandar d of Ev aluation (HOUSSE) pr

ocess for teachers who w

er

e teaching befor

e the passage of

NCLB would be pr

eser

ved during the r

eauthorization period and as a par

t of HQET

.

Information on the HQET status of teachers would be r

epor ted to par ents on state and local r epor t car

ds in a way that is similar to curr

ent HQ

T r

epor

ting. The par

ent

right-to-kno

w pr

ovisions would also include HQET status of their child

’s teacher . Thr ee y ears of achiev ement data b y a teacher

’s students would be used to determine a

teacher

’s HQET status. The learning gains of a teacher

’s students would be compar

ed

against the learning gains of other teachers in the state using a v

alue-added metric.

The learning gains of special education teachers and teachers of E

nglish language

learners would be compar

ed to other such teachers in the state.

Teachers who ar

e

in the top thr

ee quar

tiles of pr

oducing learning gains and who also r

eceiv e either a positiv e principal ev aluation or peer r evie w would be consider ed to hav e achiev ed HQET status. O

nce a teacher obtains HQET status, that teacher is not r

equir

ed to be

ev

aluated on a y

early basis to maintain this status.

After two of the initial thr

ee y

ears of data is collected, teachers who ar

e at risk of not

achieving HQET status would be r

equir

ed to be giv

en pr

ofessional dev

elopment

and training designed to assist them in obtaining HQET status. S

uch pr

ofessional

dev

elopment would be r

equir

ed to be continued for a total of thr

ee y

ears.

Title II

teacher quality funds would be allo

w

ed to be used for this purpose.

If a teacher has not achiev

ed HQET status after thr

ee y

ears of pr

ofessional

dev

elopment, the school

’s principal must annually notify par

ents of the teacher

’s

inability to achiev

e HQET status. A

chiev

ement data is generated for thr

ee y ears. Thr ee y ears of pr ofessional dev elopment star

ts after the second y

ear of data collection,

and teachers hav

e two mor

e y

ears to attain HQET status while par

ents ar

e notified.

The total time that teachers hav

e to obtain HQET status is sev

en y

ears.

Teachers who

fail to gain HQET status after this sev

en-y

ear period would not be permitted to teach

in

Title I schools.

HQET applies only to subjects in which NCLB r

equir

es assessments (pr

esently

reading or language ar

ts, mathematics and science), unless a state, at its option,

expands HQET to mor

e subjects in which the state assesses per

formance. The application of HQ T to teachers in rural ar eas Section 9101(23) The U.S. D epar tment of E

ducation (U.S. DOE)

has issued guidance to allo

w teachers in some r

ural

districts who ar

e highly qualified in at least one

subject to hav

e thr

ee y

ears to become highly qualified

in the additional subjects they teach. S

uch teachers must be pr ovided pr ofessional dev elopment, intense super vision or str uctur ed mentoring as par t of this flexibility .

Incorporate U.S. DOE’

s allo

wance of thr

ee y

ears for teachers in some r

ural districts

to become highly qualified in additional subjects into the statute. Clarify that subj

ect

matter competency can be demonstrated thr

ough one test or one HOUSSE pr

ocess,

and multiple pr

ocesses ar

e not necessar

(2)

Issue Cur rent Statute/Regulation Recommendation D efinition of a H ighly Q ualified Teacher Section 9101(23)

All teachers must be highly qualified b

y the end of the

2006–07 school y

ear (originally 2005–06 school y

ear

,

but extended via guidance fr

om the U.S. S

ecr

etar

y of

Education). H

ighly qualified is defined as possessing

state cer

tification or licensur

e, holding a bachelor

’s

degr

ee and demonstrating subject matter kno

wledge. H ighly Q ualified Teacher (HQ T). M aintain curr

ent law for four y

ears after the

enactment of a r

eauthoriz

ed NCLB as described belo

w in the HQET section. A

dd

one additional way to acquir

e HQ

T status: obtaining an adv

anced cr

edential that

requir

es master

y of subject matter and pedagogy thr

ough a compr ehensiv e por tfolio assessment. H ighly Q

ualified and Effectiv

e

Teacher (HQET).

D

uring the initial period of

reauthorization (2008–12) all teachers teaching cor

e academic subjects would

be r

equir

ed to meet HQ

T or HQET r

equir

ements. HQET would include all of

the existing HQ

T pr

ovisions and would also r

equir

e teachers to meet both of the

follo

wing criteria: • D

emonstrating, thr

ough a v

alue-added metric, learning gains b

y their students

in the subjects they teach Attaining one of the follo

wing: a positiv

e ev

aluation of a teacher

’s per

formance

by his or her principal, or a positiv

e ev aluation of a teacher ’s per formance thr ough a peer r evie w pr ocess The pr ocesses dev

eloped or selected for peer and principal r

evie

ws must be appr

ov

ed

by a state or district, and teachers and principals would be r

equir

ed to r

eceiv

e training

in its use. The demonstration of learning gains would be w

eighted no less than 50

per

cent of the total ev

aluation to

war

d achieving HQET status.

All states must establish HQET within four y

ears of enactment of a r

eauthoriz

ed

NCLB, but can implement such r

equir

ements earlier if they can demonstrate

ability to meet necessar

y data r equir ements. HQET would r equir e each state to dev

elop a data system capable of v

alue-added measur ement (tr acking individual student pr ogr ess fr om y ear to y ear). S

tates that want to include gr

owth in their

adequate y

early pr

ogr

ess (A

YP) calculations would be r

equir

ed to implement HQET

requir

ements at the same time that they implement plans for including gr

owth in

their A

YP calculations.

All teachers in a state would be r

equir

ed to meet the ne

w r

equir

ement of HQET once

HQET is established in that state. The H

ighly O bjectiv e, U niform, S tate S tandar d of Ev aluation (HOUSSE) pr

ocess for teachers who w

er

e teaching befor

e the passage of

NCLB would be pr

eser

ved during the r

eauthorization period and as a par

t of HQET

.

Information on the HQET status of teachers would be r

epor ted to par ents on state and local r epor t car

ds in a way that is similar to curr

ent HQ

T r

epor

ting. The par

ent

right-to-kno

w pr

ovisions would also include HQET status of their child

’s teacher . Thr ee y ears of achiev ement data b y a teacher

’s students would be used to determine a

teacher

’s HQET status. The learning gains of a teacher

’s students would be compar

ed

against the learning gains of other teachers in the state using a v

alue-added metric.

The learning gains of special education teachers and teachers of E

nglish language

learners would be compar

ed to other such teachers in the state.

Teachers who ar

e

in the top thr

ee quar

tiles of pr

oducing learning gains and who also r

eceiv e either a positiv e principal ev aluation or peer r evie w would be consider ed to hav e achiev ed HQET status. O

nce a teacher obtains HQET status, that teacher is not r

equir

ed to be

ev

aluated on a y

early basis to maintain this status.

After two of the initial thr

ee y

ears of data is collected, teachers who ar

e at risk of not

achieving HQET status would be r

equir

ed to be giv

en pr

ofessional dev

elopment

and training designed to assist them in obtaining HQET status. S

uch pr

ofessional

dev

elopment would be r

equir

ed to be continued for a total of thr

ee y

ears.

Title II

teacher quality funds would be allo

w

ed to be used for this purpose.

If a teacher has not achiev

ed HQET status after thr

ee y

ears of pr

ofessional

dev

elopment, the school

’s principal must annually notify par

ents of the teacher

’s

inability to achiev

e HQET status. A

chiev

ement data is generated for thr

ee y ears. Thr ee y ears of pr ofessional dev elopment star

ts after the second y

ear of data collection,

and teachers hav

e two mor

e y

ears to attain HQET status while par

ents ar

e notified.

The total time that teachers hav

e to obtain HQET status is sev

en y

ears.

Teachers who

fail to gain HQET status after this sev

en-y

ear period would not be permitted to teach

in

Title I schools.

HQET applies only to subjects in which NCLB r

equir

es assessments (pr

esently

reading or language ar

ts, mathematics and science), unless a state, at its option,

expands HQET to mor

e subjects in which the state assesses per

formance. The application of HQ T to teachers in rural ar eas Section 9101(23) The U.S. D epar tment of E

ducation (U.S. DOE)

has issued guidance to allo

w teachers in some r

ural

districts who ar

e highly qualified in at least one

subject to hav

e thr

ee y

ears to become highly qualified

in the additional subjects they teach. S

uch teachers must be pr ovided pr ofessional dev elopment, intense super vision or str uctur ed mentoring as par t of this flexibility .

Incorporate U.S. DOE’

s allo

wance of thr

ee y

ears for teachers in some r

ural districts

to become highly qualified in additional subjects into the statute. Clarify that subj

ect

matter competency can be demonstrated thr

ough one test or one HOUSSE pr

ocess,

and multiple pr

ocesses ar

e not necessar

(3)

Issue Cur rent Statute/Regulation Recommendation The application of HQ T to special

education teachers Section 9101(23)

NCLB’

s HQ

T definition applies to special education

teachers with sev

eral ex ceptions that w er e adopted as par t of the most r ecent r eauthorization of the Individuals with D isabilities E ducation A ct (IDEA).

Special education teachers, when determining their HQET status, would be compar

ed against other special education teachers. Clarify that subject matter

competency can be demonstrated thr

ough one test or one HOUSSE pr

ocess, and multiple pr ocesses ar e not necessar y. D efinition of a H ighly Effectiv e P rincipal N o such pr ovision. A ne w “H ighly Effectiv e P rincipal

” (HEP) designation, including factoring in

student learning gains, would be established that is similar to the HQET pr

ovision

recommended b

y the Commission. F

or principals to gain HEP status, they must do

all of the follo

wing:

D

emonstrate gr

owth in achiev

ement of the subgr

oups in their school that is

comparable to high-achieving schools with similar demographic characteristics in the state Obtain cer

tification or licensur

e as a principal, as r

equir

ed in the state in which

they ar

e emplo

yed

Pass an assessment (which may include a peer r

evie w, state r evie w or school district r evie w component) administer ed b

y the state on the necessar

y leadership

skills to be an effectiv

e principal (such as the I

nterstate School Leaders

Licensur

e Consor

tium)

To implement the HEP designation, states must first hav

e in place a database capable

of tracking individual gr

owth of students.

States would hav

e four y

ears fr

om the date of enactment of a r

eauthoriz

ed NCLB

to dev

elop and implement a system to designate principals as HEP

s. This timeline

is aligned to the timeline for implementing longitudinal data systems and HQET requir

ements. The HEP system would be r

equir

ed to be capable of identifying and

comparing schools with similar demographic characteristics. After the state has dev

eloped and implemented such a system, v

eteran principals (those who w er e a principal befor e enactment of a r eauthoriz ed NCLB) would hav e thr ee y

ears to gain HEP status. N

ew principals (those who did not hold a

principalship befor e enactment of a r eauthoriz ed NCLB) would hav e thr ee y ears fr om

their date of hir

e to obtain HEP status.

The HEP r

equir

ement applies to principals of

Title I schools only

.

A principal who was emplo

yed at a school befor

e it w

ent into impr

ov

ement status

and r

emains thr

ough the corr

ectiv

e action pr

ocess would hav

e his or her HEP status

rev

oked if that school continues to not make A

YP follo

wing the corr

ectiv

e action

inter

ventions. After this r

ev

ocation, and while the principal has not r

egained his or

her HEP status, the principal could not be emplo

yed as a principal in a

Title I school.

An individual who becomes the principal of a school alr

eady in the school

impr

ov

ement pr

ocess would not lose his or her HEP status simply because the school

impr

ov

ement pr

ocess continues, including thr

ough r

estr

ucturing. The maintenance

of a principal

’s HEP status would not affect the ability of a district to select a

restr

ucturing option that may lead to the dismissal of the principal fr

om the school.

Comparability Section 1120A(c)

School districts may r

eceiv

e T

itle I funds only if

they use state and local funds in

Title I schools to

pr

ovide comparable ser

vices to the ser

vices pr ovided in non-T itle I schools. Title I funds ar e intended to be supplementar y. I

f a school district doesn

’t

attempt to use state and local funds in a manner that is comparable in

Title I and non-T

itle I schools,

Title I r

esour

ces would not be supplementar

y, but

instead would be r

eplacing r

esour

ces that should

hav

e been pr

ovided thr

ough state and local funding.

School districts can satisfy this r

equir

ement thr

ough

the establishment of a districtwide salar

y schedule

and policies to ensur

e equiv

alence among schools,

curriculum and teachers.

T ighten Teacher Comparability R equir ements. E

liminate the curr

ent means of

satisfying the comparability r

equir

ement for teachers (not curriculum and other

ser

vices) and r

eplace with these r

equir

ements:

The expenditur

e of state and local funds on teacher salaries for

Title I schools

can be no less than 95 per

cent of av

erage expenditur

e for such salaries in

non-Title I schools (the specific measur

ement will compar

e the av

erage salaries of

teachers in

Title I and non-T

itle I schools so a school with a smaller number of

teachers would not hav

e to expend the same amount as a school with a larger

number of teachers to be vie

w

ed as comparable).

• T

itle I schools hav

e a number of HQ

Ts and HQET

s that is comparable to

non-Title I schools in the school district.

D

istricts must dev

elop a plan to phase in the comparability r

equir

ement o

ver a thr

ee-year period. D

istricts may not implement this r

equir

ement thr

ough for

ced transfers of

teachers to other schools or inv

oluntar y dismissals. N o for ced teacher transfers N o such pr ovision. N o F or ced Transfers. A principal of a

Title I school would hav

e the ability to r

efuse

to accept the transfer of a teacher to his or her school based on whether the teacher has obtained HQ

T (for curr

ent teachers) or HQET status (after implementation), if

(4)

Issue Cur rent Statute/Regulation Recommendation The application of HQ T to special

education teachers Section 9101(23)

NCLB’

s HQ

T definition applies to special education

teachers with sev

eral ex ceptions that w er e adopted as par t of the most r ecent r eauthorization of the Individuals with D isabilities E ducation A ct (IDEA).

Special education teachers, when determining their HQET status, would be compar

ed against other special education teachers. Clarify that subject matter

competency can be demonstrated thr

ough one test or one HOUSSE pr

ocess, and multiple pr ocesses ar e not necessar y. D efinition of a H ighly Effectiv e P rincipal N o such pr ovision. A ne w “H ighly Effectiv e P rincipal

” (HEP) designation, including factoring in

student learning gains, would be established that is similar to the HQET pr

ovision

recommended b

y the Commission. F

or principals to gain HEP status, they must do

all of the follo

wing:

D

emonstrate gr

owth in achiev

ement of the subgr

oups in their school that is

comparable to high-achieving schools with similar demographic characteristics in the state Obtain cer

tification or licensur

e as a principal, as r

equir

ed in the state in which

they ar

e emplo

yed

Pass an assessment (which may include a peer r

evie w, state r evie w or school district r evie w component) administer ed b

y the state on the necessar

y leadership

skills to be an effectiv

e principal (such as the I

nterstate School Leaders

Licensur

e Consor

tium)

To implement the HEP designation, states must first hav

e in place a database capable

of tracking individual gr

owth of students.

States would hav

e four y

ears fr

om the date of enactment of a r

eauthoriz

ed NCLB

to dev

elop and implement a system to designate principals as HEP

s. This timeline

is aligned to the timeline for implementing longitudinal data systems and HQET requir

ements. The HEP system would be r

equir

ed to be capable of identifying and

comparing schools with similar demographic characteristics. After the state has dev

eloped and implemented such a system, v

eteran principals (those who w er e a principal befor e enactment of a r eauthoriz ed NCLB) would hav e thr ee y

ears to gain HEP status. N

ew principals (those who did not hold a

principalship befor e enactment of a r eauthoriz ed NCLB) would hav e thr ee y ears fr om

their date of hir

e to obtain HEP status.

The HEP r

equir

ement applies to principals of

Title I schools only

.

A principal who was emplo

yed at a school befor

e it w

ent into impr

ov

ement status

and r

emains thr

ough the corr

ectiv

e action pr

ocess would hav

e his or her HEP status

rev

oked if that school continues to not make A

YP follo

wing the corr

ectiv

e action

inter

ventions. After this r

ev

ocation, and while the principal has not r

egained his or

her HEP status, the principal could not be emplo

yed as a principal in a

Title I school.

An individual who becomes the principal of a school alr

eady in the school

impr

ov

ement pr

ocess would not lose his or her HEP status simply because the school

impr

ov

ement pr

ocess continues, including thr

ough r

estr

ucturing. The maintenance

of a principal

’s HEP status would not affect the ability of a district to select a

restr

ucturing option that may lead to the dismissal of the principal fr

om the school.

Comparability Section 1120A(c)

School districts may r

eceiv

e T

itle I funds only if

they use state and local funds in

Title I schools to

pr

ovide comparable ser

vices to the ser

vices pr ovided in non-T itle I schools. Title I funds ar e intended to be supplementar y. I

f a school district doesn

’t

attempt to use state and local funds in a manner that is comparable in

Title I and non-T

itle I schools,

Title I r

esour

ces would not be supplementar

y, but

instead would be r

eplacing r

esour

ces that should

hav

e been pr

ovided thr

ough state and local funding.

School districts can satisfy this r

equir

ement thr

ough

the establishment of a districtwide salar

y schedule

and policies to ensur

e equiv

alence among schools,

curriculum and teachers.

T ighten Teacher Comparability R equir ements. E

liminate the curr

ent means of

satisfying the comparability r

equir

ement for teachers (not curriculum and other

ser

vices) and r

eplace with these r

equir

ements:

The expenditur

e of state and local funds on teacher salaries for

Title I schools

can be no less than 95 per

cent of av

erage expenditur

e for such salaries in

non-Title I schools (the specific measur

ement will compar

e the av

erage salaries of

teachers in

Title I and non-T

itle I schools so a school with a smaller number of

teachers would not hav

e to expend the same amount as a school with a larger

number of teachers to be vie

w

ed as comparable).

• T

itle I schools hav

e a number of HQ

Ts and HQET

s that is comparable to

non-Title I schools in the school district.

D

istricts must dev

elop a plan to phase in the comparability r

equir

ement o

ver a thr

ee-year period. D

istricts may not implement this r

equir

ement thr

ough for

ced transfers of

teachers to other schools or inv

oluntar y dismissals. N o for ced teacher transfers N o such pr ovision. N o F or ced Transfers. A principal of a

Title I school would hav

e the ability to r

efuse

to accept the transfer of a teacher to his or her school based on whether the teacher has obtained HQ

T (for curr

ent teachers) or HQET status (after implementation), if

(5)

Issue Cur rent Statute/Regulation Recommendation Pr ofessional dev elopment for

principals while school district is in impr

ov ement status N o such pr ovision. H ow ev er , under curr ent law , schools

and districts in need of impr

ov ement must r eser ve 10 per cent of their

Title I funding for pr

ofessional

dev

elopment for teachers and instr

uctional staff, but

not principals.

School districts identified for impr

ov

ement status would be r

equir

ed to include

pr

ofessional dev

elopment for principals as par

t of the 10 per cent r eser vation for pr ofessional dev elopment. P rofessional dev

elopment using these funds must be

focused on issues r

elev

ant to impr

oving student achiev

ement, such as using data

effectiv

ely in decision-making.

Inclusion of principals in the needs assessment for determining

the use of Title II pr ofessional dev elopment funding C urr ent law r equir

es school districts to conduct a needs

assessment to determine local pr

ofessional dev

elopment

and hiring needs.

Teachers ar e r equir ed to be “inv olv ed ”

in this needs assessment, which is supposed to identify both teacher and principal needs.

Consultation with principals would be r

equir

ed in the needs assessment pr

ocess

under

Title II.

Institution of higher education teacher dev

elopment requir ements N o such pr ovision. H igher E ducation Teacher D ev elopment R equir ements. Amend the H igher Education A ct to include a r equir

ement that institutions of higher education (IHEs)

that pr

epar

e pr

ospectiv

e teachers, as a condition of par

ticipating in federal student

aid pr

ograms, set annual goals to incr

ease the number of pr

ospectiv

e teachers in

subject shor

tage ar

eas (mathematics, science, special education, bilingual instr

uction)

and mor

e closely link the instr

uction pr

ovided b

y the IHE with the needs of schools

and the instr

uctional decisions ne

w teachers face in the classr

oom. As par

t of these

goals, IHEs would be r

equir ed to ensur e the follo wing: • T eacher training pr ovided b y the IHE r

esponds to the identified needs of the

school districts or states in which their graduates teach A focus on pr

oviding training for special education teachers to instr

uct in

content ar

eas

Regular education teachers ar

e pr

ovided with training in teaching div

erse

populations, including special education students, E

nglish language learners

and students fr om lo w-income families • Pr ospectiv e teachers r eceiv

e training to teach in urban and r

ural envir

onments

• T

eachers and school leaders ar

e trained in collaborativ

e teaching methods

The attainment of such objectiv

es would be r equir ed to be publicly r epor ted. Teacher retention plan N o such pr ovision. Teacher R etention P lan.

School districts would be r

equir

ed to r

epor

t their teacher

turno

ver rate to the state, b

y HQ

T, HQET and non-HQ

T/HQET status. S

tates

would r

equir

e school districts that fall into the bottom quar

tile of turno

ver of HQ

T

and HQET to implement teacher r

etention plans. E xamples of r equir ed elements of these plans ar e: • M

entoring and induction suppor

ts to ne

w teachers, including training to build

collaborativ

e pr

ofessional learning methods focused on student achiev

ement

The use of differ

ential and bonus pay to attract teachers to har

d-to-staff schools

and to subjects with teacher shor

tages (mathematics, science, special education

and E

nglish as a second language)

U

sing the r

esults of a r

equir

ed state audit of the wor

king conditions of teachers

in schools to impr

ov

e those conditions—such as mor

e planning time, r elease time for pr ofessional dev elopment—to mor e effectiv ely pr omote a collaborativ e pr

ofessional learning envir

onment

The dev

elopment of sev

eral car

eer paths for teachers (e.g., master or

mentor teacher) U se of T itle II teacher

quality funds Title II, P

ar t A Pr esently , nearly $3 billion in Title II, P ar t A,

teacher quality funding is appr

opriated annually for

pr

ofessional dev

elopment and other expenditur

es to impr ov e teacher quality . U nder curr ent law , states hav e 18 differ ent teacher-quality-r elated activities or pr

ograms they can fund

under state-lev el activities in Title II, P ar t A. U nder Title II, P ar t A, states r eser ve 2.5 per cent of their

allocation for activities or pr

ograms operated b

y

the state. Under curr

ent law

, school districts hav

e mor

e than 19

activities or pr

ograms that can be funded under their

allocation under

Title II, P

ar

t A. U

nder this par

t, school

districts r

eceiv

e 95 per

cent of the state

’s allocation to

fund such activities or pr

ograms. Effectiv e and R esear ch-P ro ven P rofessional D ev elopment for P rincipals and Teachers. R educe the scope of activities and pr ograms that can be funded at the state

and district lev

el under Title II, P ar t A. E nsur e such funded pr

ograms and activities

ar e backed b y r esear ch and pr ov en-effectiv

e practices and addr

ess ar

eas of need, such

as impr

oving skills of under

qualified teachers, suppor

ting and mentoring no

vice

(6)

Issue Cur rent Statute/Regulation Recommendation Pr ofessional dev elopment for

principals while school district is in impr

ov ement status N o such pr ovision. H ow ev er , under curr ent law , schools

and districts in need of impr

ov ement must r eser ve 10 per cent of their

Title I funding for pr

ofessional

dev

elopment for teachers and instr

uctional staff, but

not principals.

School districts identified for impr

ov

ement status would be r

equir

ed to include

pr

ofessional dev

elopment for principals as par

t of the 10 per cent r eser vation for pr ofessional dev elopment. P rofessional dev

elopment using these funds must be

focused on issues r

elev

ant to impr

oving student achiev

ement, such as using data

effectiv

ely in decision-making.

Inclusion of principals in the needs assessment for determining

the use of Title II pr ofessional dev elopment funding C urr ent law r equir

es school districts to conduct a needs

assessment to determine local pr

ofessional dev

elopment

and hiring needs.

Teachers ar e r equir ed to be “inv olv ed ”

in this needs assessment, which is supposed to identify both teacher and principal needs.

Consultation with principals would be r

equir

ed in the needs assessment pr

ocess

under

Title II.

Institution of higher education teacher dev

elopment requir ements N o such pr ovision. H igher E ducation Teacher D ev elopment R equir ements. Amend the H igher Education A ct to include a r equir

ement that institutions of higher education (IHEs)

that pr

epar

e pr

ospectiv

e teachers, as a condition of par

ticipating in federal student

aid pr

ograms, set annual goals to incr

ease the number of pr

ospectiv

e teachers in

subject shor

tage ar

eas (mathematics, science, special education, bilingual instr

uction)

and mor

e closely link the instr

uction pr

ovided b

y the IHE with the needs of schools

and the instr

uctional decisions ne

w teachers face in the classr

oom. As par

t of these

goals, IHEs would be r

equir ed to ensur e the follo wing: • T eacher training pr ovided b y the IHE r

esponds to the identified needs of the

school districts or states in which their graduates teach A focus on pr

oviding training for special education teachers to instr

uct in

content ar

eas

Regular education teachers ar

e pr

ovided with training in teaching div

erse

populations, including special education students, E

nglish language learners

and students fr om lo w-income families • Pr ospectiv e teachers r eceiv

e training to teach in urban and r

ural envir

onments

• T

eachers and school leaders ar

e trained in collaborativ

e teaching methods

The attainment of such objectiv

es would be r equir ed to be publicly r epor ted. Teacher retention plan N o such pr ovision. Teacher R etention P lan.

School districts would be r

equir

ed to r

epor

t their teacher

turno

ver rate to the state, b

y HQ

T, HQET and non-HQ

T/HQET status. S

tates

would r

equir

e school districts that fall into the bottom quar

tile of turno

ver of HQ

T

and HQET to implement teacher r

etention plans. E xamples of r equir ed elements of these plans ar e: • M

entoring and induction suppor

ts to ne

w teachers, including training to build

collaborativ

e pr

ofessional learning methods focused on student achiev

ement

The use of differ

ential and bonus pay to attract teachers to har

d-to-staff schools

and to subjects with teacher shor

tages (mathematics, science, special education

and E

nglish as a second language)

U

sing the r

esults of a r

equir

ed state audit of the wor

king conditions of teachers

in schools to impr

ov

e those conditions—such as mor

e planning time, r elease time for pr ofessional dev elopment—to mor e effectiv ely pr omote a collaborativ e pr

ofessional learning envir

onment

The dev

elopment of sev

eral car

eer paths for teachers (e.g., master or

mentor teacher) U se of T itle II teacher

quality funds Title II, P

ar t A Pr esently , nearly $3 billion in Title II, P ar t A,

teacher quality funding is appr

opriated annually for

pr

ofessional dev

elopment and other expenditur

es to impr ov e teacher quality . U nder curr ent law , states hav e 18 differ ent teacher-quality-r elated activities or pr

ograms they can fund

under state-lev el activities in Title II, P ar t A. U nder Title II, P ar t A, states r eser ve 2.5 per cent of their

allocation for activities or pr

ograms operated b

y

the state. Under curr

ent law

, school districts hav

e mor

e than 19

activities or pr

ograms that can be funded under their

allocation under

Title II, P

ar

t A. U

nder this par

t, school

districts r

eceiv

e 95 per

cent of the state

’s allocation to

fund such activities or pr

ograms. Effectiv e and R esear ch-P ro ven P rofessional D ev elopment for P rincipals and Teachers. R educe the scope of activities and pr ograms that can be funded at the state

and district lev

el under Title II, P ar t A. E nsur e such funded pr

ograms and activities

ar e backed b y r esear ch and pr ov en-effectiv

e practices and addr

ess ar

eas of need, such

as impr

oving skills of under

qualified teachers, suppor

ting and mentoring no

vice

(7)

Issue Cur rent Statute/Regulation Recommendation Recipr ocity of teacher cer tification and licensur e acr oss states Title II of NCLB allo

ws the use of state funds to

pr

omote r

ecipr

ocity among the states.

R ecipr ocity of Teacher Cer tification or Licensur e. Requir e or giv e states incentiv es to pr omote r ecipr ocity of cer

tification and licensur

e acr

oss states thr

ough

consor

tiums or other means. S

tates joining such a consor

tium could not lo

w

er the

scor

es needed to pass teacher exams for cer

tification.

Teachers who ar

e teaching in

states in the consor

tium would hav

e thr

ee ways to gain r

ecipr

ocity:

Those meeting curr

ent HQ

T r

equir

ements

Those scoring in the top one-thir

d of teachers in the state on teacher exams

Those who ar

e awar

ded HQET status (as described abo

ve)

For states that join such consor

tiums, course content that is specific to the r

eceiving

state will be pr

ovided to teachers online or at no cost b

y the r

eceiving state.

Por

tability of

principal and teacher pensions

N

o such pr

ovision.

Requir

e the U.S. DOE to conduct a study within two y

ears of the enactment of a

reauthoriz

ed NCLB to determine the feasibility of allo

wing the por

tability of teacher

and principal pensions fr

(8)

Issue Cur rent Statute/Regulation Recommendation G ro wth model Section 1111(b)(2)(B) C urr

ent NCLB law includes what is commonly

referr ed to as a “ status model ” for measuring accountability . I t compar es the per formance of subgr oups of childr en against a pr edetermined bar established b y each state. S ubgr oups abo ve the bar ar

e deemed as meeting adequate y

early pr ogr ess (A YP); subgr oups belo w the bar ar e deemed as not meeting A YP

. Though the U.S. D

epar

tment of

Education (U.S. DOE) has appr

ov

ed pilot pr

ograms

in fiv

e states, curr

ent law includes no authority for

a longitudinal gr owth model. NCLB’ s “ safe harbor ” pr

ovision is the closest existing statutor

y mechanism

that r

ecogniz

es gr

owth. A subgr

oup in a school can

meet the safe harbor goal and ther

efor e be deemed as meeting A YP , if that subgr oup sho ws a decr ease in the per

centage of students not scoring pr

oficient

equal to 10 per

cent of the gap betw

een the subgr

oup

’s

curr

ent per

formance and 100 per

cent pr

oficiency

(i.e., a subgr

oup at 20 per

cent pr

oficiency would need

to hav

e 28 per

cent of its students pr

oficient in the

follo

wing y

ear

’s assessments to meet safe harbor: the

goal of 100 per

cent pr

oficiency minus the curr

ent

20 per

cent pr

oficiency equals a gap of 80; 10 per

cent

of the gap of 80 is eight; in or

der to meet the safe

harbor

, the schools must decr

ease the gap b

y eight

points or incr

ease the per

centage of students scoring

at pr oficient lev els fr om 20 to 28). S afe harbor , unlike a longitudinal gr

owth model, compar

es two differ

ent

sets of students (last y

ear

’s 3r

d graders with this y

ear ’s 3r d graders). Include a factor of gr owth in existing A YP calculations. S

tudents would be deemed as

meeting pr oficiency if they w er e “ on track ” to becoming pr oficient within thr ee y ears, based on the gr owth trajector

y of their assessment scor

es. This thr

ee-y

ear windo

w

to become pr

oficient would star

t with the assessment r

esult during the first y

ear the student was identified as not being pr oficient and would not be recalibrated ev er y year .

Students on track to becoming pr

oficient would be included as pr

oficient students for

the purposes of calculating whether a school has made A

YP

.

This gr

owth-tracking system would r

equir

e states to dev

elop and implement data

systems capable of tracking individual student per

formance fr

om y

ear to y

ear

(kno

wn as longitudinal data systems). S

tates would hav

e four y

ears fr

om the

enactment of a r

eauthoriz

ed NCLB (in other wor

ds, until 2012) to dev

elop and

implement this system.

Recommendations f

or

Accelerating Pr

ogr

ess and Closing

Achie

vement Ga

ps

Thr

ough Impr

ov

ed

Accountability

(9)

Issue

Cur

rent Statute/Regulation

Recommendation

Inclusion of science as a subject for which AYP calculations ar

e

made for subgr

oups

and schools Section 1111(b)(2)(B)

Pr

esently

, NCLB r

equir

es that mathematics and

reading or language ar

ts be included in A

YP

calculations. I

n addition, science assessments ar

e

requir

ed to be administer

ed beginning in 2007–08,

but the r

esults of these assessments ar

e not to be included in A YP calculations. U nder curr ent law ,

science assessments will be administer

ed (star

ting

in the 2007–08 school y

ear) once in each of the

follo

wing grade spans: 3–5, 6–9 and 10–12.

Include the r

esults of science assessments in A

YP calculations based on the existing

grade-span r

equir

ements.

Requir

e states to establish annual measurable objectiv

es (AMO

s) for science

achiev

ement, similar to the existing AMO

s for r

eading or language ar

ts and

mathematics. AMO

s should be set under r

equir ements of curr ent law , including the goal of 100 per cent pr oficiency b y 2013–14. Same subgr oup ,

same subject Section 1111(b)(2)

Pr

esently

, the NCLB statute deems a school to be in

impr

ov

ement status if any subgr

oup in the school

does not make A

YP in either r

eading or mathematics

during a two-y

ear span. F

or example, a school would

be identified for impr

ov

ement if in one y

ear disabled

students did not make A

YP in mathematics and in

the next y

ear H

ispanic students did not make A

YP

in r

eading.

Requir

e schools to be identified for school impr

ov

ement if they do not make A

YP for

the same subgr

oup in the same subject for two consecutiv

e y ears. N-siz e Section 1111(b)(2) U nder NCLB, states ar e r equir ed to set a minimum subgr oup siz

e for both public r

epor

ting and A

YP

calculations. The statute r

equir

es this minimum

siz

e to be set so the data yields “

statistically r

eliable

information

” and would not pr

oduce “

personally

identifiable information about an individual student.

C

urr

ent r

egulations hav

e no set limits on the N-siz

e of

a state. S

tates, as par

t of their accountability plans to

the U.S. DOE, submitted a pr

oposed N-siz e. M any states hav e submitted r evised N-siz

es in the past two

years. S

ome states hav

e r

eceiv

ed permission for N-siz

es

for childr

en with disabilities and E

nglish language

learners that ar

e larger than other subgr

oups.

Requir

e all N-siz

es for the purpose of A

YP calculations to be no gr eater than 20. Allo w school districts to r equest a waiv er fr

om the state for schools that can, thr

ough

documented evidence, justify a larger N-siz

e. A waiv

er granted b

y the state can

pr ovide an N-siz e of no gr eater than 30. Confidence inter vals Section 1111(b)(2) States hav e pr

oposed and gotten appr

ov

al for

, as par

t

of their accountability plans to the U.S. DOE, the use of confidence inter

vals in making v arious calculations related to A YP , including N-siz e. Confidence inter

vals may be seen as “

windo

ws

surr

ounding a state

’s AMO. The siz

e of the windo

w

varies accor

ding to the number of students in the

subgr

oup who ar

e tested and accor

ding to the degr

ee

of pr

obability that the gr

oup ’s av erage scor e r epr esents their tr ue lev el of achiev

ement. Confidence inter

vals

ar

e r

oughly analogous to the “

margin of err

or

commonly r

epor

ted with opinion polls.

M

aintain the use of confidence inter

vals in calculating N-siz

es and A

YP calculations

for those states that choose to use them. R

estrict the use of a state

’s confidence

inter

val to no mor

e than 95 per

cent. Confidence inter

vals will not be permitted in

determining whether a child is on track to be pr

oficient under the gr

owth model

recommendations described abo

ve.

Childr

en with

disabilities Section 1111(b)(2)(B) (v)(II)(cc)

U

nder the NCLB statute, childr

en with disabilities

ar

e tr

eated the same as other subgr

oups for A

YP

calculation purposes. Childr

en with disabilities,

under the NCLB statute, in combination with the I

ndividuals with D

isabilities E

ducation A

ct

(IDEA) statute and r

egulations, ar

e r

equir

ed to be

giv

en assessments under one of thr

ee scenarios:

the r

egular assessment; the r

egular assessment with

accommodations; or alternate assessments aligned to grade-lev

el standar

ds.

U

nder r

egulations and guidance issued b

y the U.S.

DOE, two other assessment scenarios hav

e been

dev

eloped that define ho

w to assess childr

en with

disabilities for accountability purposes: 1 P

er

cent P

olicy:

Childr

en with significant cognitiv

e

disabilities can be assessed against alternate standar

ds

using alternate assessments. The standar

ds for these childr en typically consist of v er y basic mathematics and r eading. A chiev ement of pr oficiency on these

assessments counts for A

YP purposes. School districts

ar

e permitted to include up to 1 per

cent of their total

population in this categor

y. CONTINUED ON P A GE 180 Authoriz e the 1 per

cent policy issued b

y the U.S. DOE.

Amend the A dministration ’s pr oposed 2 per cent policy b y r

educing the per

centage to

1 per

cent, then authoriz

e with the follo

wing ex

ceptions:

Str

engthen the gatekeeping pr

ocedur

es used to determine which childr

en ar

e

included under this ne

w 1 per

cent policy

. This includes striking the pr

ovision

from the A

dministration

’s r

egulation that identifies a child

’s disability as the

means for automatic inclusion under this ne

w policy

.

Requir

e school district officials to monitor the implementation of this policy t

o

ensur

e it is uniformly applied to schools acr

oss a school district.

Add sev

eral pr

ovisions to IDEA to str

engthen the IEP team

’s r

ole in determining

the appr

opriate assessment for childr

en with disabilities and to impr

ov

e par

ental

kno

wledge of such decisions. S

pecifically

, IDEA would be amended to r

equir

e

the follo

wing:

IEP teams would attest in writing that the team has sufficient kno

wledge to

make a decision on the child

’s assessment and whether the child should be in the

existing 1 per cent categor y or the ne w 1 per cent categor y. P ar ents must r eceiv e

this attestation in writing befor

e signing off on the IEP’

s decision.

CONTINUED ON P

A

(10)

Issue

Cur

rent Statute/Regulation

Recommendation

Inclusion of science as a subject for which AYP calculations ar

e

made for subgr

oups

and schools Section 1111(b)(2)(B)

Pr

esently

, NCLB r

equir

es that mathematics and

reading or language ar

ts be included in A

YP

calculations. I

n addition, science assessments ar

e

requir

ed to be administer

ed beginning in 2007–08,

but the r

esults of these assessments ar

e not to be included in A YP calculations. U nder curr ent law ,

science assessments will be administer

ed (star

ting

in the 2007–08 school y

ear) once in each of the

follo

wing grade spans: 3–5, 6–9 and 10–12.

Include the r

esults of science assessments in A

YP calculations based on the existing

grade-span r

equir

ements.

Requir

e states to establish annual measurable objectiv

es (AMO

s) for science

achiev

ement, similar to the existing AMO

s for r

eading or language ar

ts and

mathematics. AMO

s should be set under r

equir ements of curr ent law , including the goal of 100 per cent pr oficiency b y 2013–14. Same subgr oup ,

same subject Section 1111(b)(2)

Pr

esently

, the NCLB statute deems a school to be in

impr

ov

ement status if any subgr

oup in the school

does not make A

YP in either r

eading or mathematics

during a two-y

ear span. F

or example, a school would

be identified for impr

ov

ement if in one y

ear disabled

students did not make A

YP in mathematics and in

the next y

ear H

ispanic students did not make A

YP

in r

eading.

Requir

e schools to be identified for school impr

ov

ement if they do not make A

YP for

the same subgr

oup in the same subject for two consecutiv

e y ears. N-siz e Section 1111(b)(2) U nder NCLB, states ar e r equir ed to set a minimum subgr oup siz

e for both public r

epor

ting and A

YP

calculations. The statute r

equir

es this minimum

siz

e to be set so the data yields “

statistically r

eliable

information

” and would not pr

oduce “

personally

identifiable information about an individual student.

C

urr

ent r

egulations hav

e no set limits on the N-siz

e of

a state. S

tates, as par

t of their accountability plans to

the U.S. DOE, submitted a pr

oposed N-siz e. M any states hav e submitted r evised N-siz

es in the past two

years. S

ome states hav

e r

eceiv

ed permission for N-siz

es

for childr

en with disabilities and E

nglish language

learners that ar

e larger than other subgr

oups.

Requir

e all N-siz

es for the purpose of A

YP calculations to be no gr eater than 20. Allo w school districts to r equest a waiv er fr

om the state for schools that can, thr

ough

documented evidence, justify a larger N-siz

e. A waiv

er granted b

y the state can

pr ovide an N-siz e of no gr eater than 30. Confidence inter vals Section 1111(b)(2) States hav e pr

oposed and gotten appr

ov

al for

, as par

t

of their accountability plans to the U.S. DOE, the use of confidence inter

vals in making v arious calculations related to A YP , including N-siz e. Confidence inter

vals may be seen as “

windo

ws

surr

ounding a state

’s AMO. The siz

e of the windo

w

varies accor

ding to the number of students in the

subgr

oup who ar

e tested and accor

ding to the degr

ee

of pr

obability that the gr

oup ’s av erage scor e r epr esents their tr ue lev el of achiev

ement. Confidence inter

vals

ar

e r

oughly analogous to the “

margin of err

or

commonly r

epor

ted with opinion polls.

M

aintain the use of confidence inter

vals in calculating N-siz

es and A

YP calculations

for those states that choose to use them. R

estrict the use of a state

’s confidence

inter

val to no mor

e than 95 per

cent. Confidence inter

vals will not be permitted in

determining whether a child is on track to be pr

oficient under the gr

owth model

recommendations described abo

ve.

Childr

en with

disabilities Section 1111(b)(2)(B) (v)(II)(cc)

U

nder the NCLB statute, childr

en with disabilities

ar

e tr

eated the same as other subgr

oups for A

YP

calculation purposes. Childr

en with disabilities,

under the NCLB statute, in combination with the I

ndividuals with D

isabilities E

ducation A

ct

(IDEA) statute and r

egulations, ar

e r

equir

ed to be

giv

en assessments under one of thr

ee scenarios:

the r

egular assessment; the r

egular assessment with

accommodations; or alternate assessments aligned to grade-lev

el standar

ds.

U

nder r

egulations and guidance issued b

y the U.S.

DOE, two other assessment scenarios hav

e been

dev

eloped that define ho

w to assess childr

en with

disabilities for accountability purposes: 1 P

er

cent P

olicy:

Childr

en with significant cognitiv

e

disabilities can be assessed against alternate standar

ds

using alternate assessments. The standar

ds for these childr en typically consist of v er y basic mathematics and r eading. A chiev ement of pr oficiency on these

assessments counts for A

YP purposes. School districts

ar

e permitted to include up to 1 per

cent of their total

population in this categor

y. CONTINUED ON P A GE 180 Authoriz e the 1 per

cent policy issued b

y the U.S. DOE.

Amend the A dministration ’s pr oposed 2 per cent policy b y r

educing the per

centage to

1 per

cent, then authoriz

e with the follo

wing ex

ceptions:

Str

engthen the gatekeeping pr

ocedur

es used to determine which childr

en ar

e

included under this ne

w 1 per

cent policy

. This includes striking the pr

ovision

from the A

dministration

’s r

egulation that identifies a child

’s disability as the

means for automatic inclusion under this ne

w policy

.

Requir

e school district officials to monitor the implementation of this policy t

o

ensur

e it is uniformly applied to schools acr

oss a school district.

Add sev

eral pr

ovisions to IDEA to str

engthen the IEP team

’s r

ole in determining

the appr

opriate assessment for childr

en with disabilities and to impr

ov

e par

ental

kno

wledge of such decisions. S

pecifically

, IDEA would be amended to r

equir

e

the follo

wing:

IEP teams would attest in writing that the team has sufficient kno

wledge to

make a decision on the child

’s assessment and whether the child should be in the

existing 1 per cent categor y or the ne w 1 per cent categor y. P ar ents must r eceiv e

this attestation in writing befor

e signing off on the IEP’

s decision.

CONTINUED ON P

A

(11)

Issue Cur rent Statute/Regulation Recommendation Pr oposed 2 P er cent P olicy:

This applies to childr

en

with disabilities who can achiev

e academically

, but

can

’t achiev

e at grade lev

el in the same period of time

as their nondisabled peers. This policy allo

ws school

districts to classify up to 2 per

cent of their total school

population in addition to the 1 per

cent of students

in the gr

oup of childr

en with significant cognitiv

e

disabilities (a total of up to 3 per

cent). U

nder

the r

egulation, classified childr

en would be giv en assessments against “ modified achiev ement standar ds. ” These standar ds should measur

e the same academic

content as r egular achiev ement standar ds. U nder U.S. DOE’ s pr oposed r

egulations, school districts ar

e

allo

w

ed to ex

ceed the 2 per

cent cap if they hav

e not

reached full capacity under the 1 per

cent policy

. The

total of both gr

oups may not ex

ceed 3 per

cent.

In determining childr

en to be classified under the 2

per

cent r

egulation, individualiz

ed education pr

ogram

(IEP) teams must determine that:

A student

’s disability pr

ecludes the student fr

om

achieving grade-lev

el pr

oficiency

The student cannot achiev

e grade-lev

el

pr

oficiency ev

en with high-quality instr

uction • The student is r eceiving grade-lev el instr uction

in the subjects for which he or she is being assessed

School districts shall be r

equir

ed to pr

ovide IEP team members and par

ents

of childr

en with disabilities with a guide dev

eloped b

y the U.S. DOE in

consultation with the states and par

ent training and information centers (PTI

s)

on assessments under NCLB. The guide may be used for measuring a child

’s

academic pr

ogr

ess and the pr

ocess used to select the appr

opriate assessment

for the child. The guide shall be pr

ovided to par

ents annually and upon par

ent

request. The state shall conduct trainings, in conjunction with PTI

s, for

members of IEP teams (including par

ents) on the assessment selection pr

ocess.

School districts shall be r

equir

ed to complete a needs assessment annually to

ensur

e that they hav

e the exper

tise and personnel to make pr

oper assessment

and accountability categorizations of childr

en with disabilities (placement in the

existing or ne

w 1 per

cent categories).

States, as a condition of r

eceiving IDEA funding, shall ensur

e that school

districts can r

eceiv

e technical assistance in the selection of assessments and the

placement of childr

en in the existing or ne

w 1 per

cent categories.

English language learners Section 1111(b)(2)(B) (v)(II)(dd)

U nd er r eg ul at io ns a nd g ui da nc e i ss ue d b y t he U .S . D O E, E ng lis h l an gu ag e l ea rn er s d o n ot h av e t o b e te st ed i n t he fi rs t y ea r t he y a re i n U .S . s ch ool s a nd , if t he y a re t es te d, s ch ool s d o n ot h av e t o i nc lu de En gl ish l an gu ag e l ea rn er a ss es sm en t r es ul ts i n sc ho ol s’ A YP c al cu la tio ns . A lso u nd er r eg ul at io ns a nd g ui da nc e i ss ue d b y th e U .S . D O E, E ng lis h l an gu ag e l ea rn er s m ay b e in cl ud ed i n t hi s s ub gr ou p f or t w o a dd iti on al y ea rs af te r t he y b ec om e p ro fic ie nt i n E ng lis h a nd a re n o lo ng er c la ss ifi ed a s a n E ng lis h l an gu ag e l ea rn er . Authoriz e the r

egulations and guidance issued b

y the U.S. DOE and expand,

from two y

ears to thr

ee y

ears, the amount of time E

nglish language learners may

be included in the E

nglish language learner subgr

oup after they ar

e designated

as pr

oficient.

O

ther indicators

(graduation rate and attendance) Section 1111(b)(2)(D)

U nder curr ent law , a school ’s A YP status is determined based on assessment r

esults plus an additional

indicator

. NCLB r

equir

es graduation rates to be

used for secondar

y schools and r

equir

es the state to

define the academic indicator for elementar

y schools

(often attendance rate is used). I

f a school met its

AYP for assessment r

esults, but did not meet its other

indicator

, the school would not meet A

YP . U nder curr ent r egulations, states ar e allo w ed to set

the graduation-rate or elementar

y school indicator at the lev el they decide, ev en if it is at a lev el belo w some schools ’ curr ent per formance. I n addition,

graduation-rate and elementar

y school indicator data is vie

w

ed on

an aggr

egate basis for a school, not a subgr

oup basis.

Requir

e all states to adopt the pr

ovisions of the N

ational G

ov

ernors Association

compact on graduation rates. This compact, which was signed b

y all 50 go vernors and the go vernor of P uer to Rico, r equir es a four-y

ear adjusted cohor

t graduation rate

using a common formula. Requir

e the disaggr

egation of graduation-rate and elementar

y school indicator data

and use this disaggr

egated data for A

YP calculations.

Requir

e states to set goals for continuous pr

ogr

ess in incr

easing graduation rates and

the elementar

y school indicator (on a disaggr

egated subgr

oup basis at the state, school

district and school lev

els) to close the gap betw

een subgr

oups in graduation rates and

the elementar

y school indicator b

y the 2013–14 school y

ear

.

States, districts and schools would be deemed to hav

e closed the gap for an indicator

in any y

ear in which ther

e is less than a fiv

e per

centile point differ

ence betw

een the

subgr

oup with the highest rate and the subgr

oup with the lo

w

est rate. Childr

en with

disabilities who ar

e not assessed against grade-lev

el content standar

ds would not be

included in graduation-rate calculations for A

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