1 The No Child Left Behind Act (NCLB) of 2001 Yell / The Law and Special Education, Second Edition...

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The No Child Left Behind Act (NCLB) of

2001

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

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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


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No Child Left Behind

Highly Qualified Teachers

Scientifically Based Instruction

Accountability for Results (AYP)


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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 EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved

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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 EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved

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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


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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 assessmentsc.Allow schools to provide students with disabilities

access to testing accommodations and even alternate assessments if needed


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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


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Example: Defining APR in Reading

01-0202-03

03-0406-07

09-1008-09

07-0805-06

04-0510-11

11-1212-13

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


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ALL students with disabilities must

participate in annual statewide testing!!

ALL students with disabilities are included

in AYP calculationsYell / The Law and Special Education, Second EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved

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The IEP team decides HOW a student will

participate, not WHETHER he or she will

participate!!


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The 1% Rule1. 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


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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


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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


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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


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AdequateYearly

ProgressYell / The Law and Special Education, Second EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved

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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 …


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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


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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


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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)


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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.


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SchoolImprovement

PlanYell / The Law and Special Education, Second EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved

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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


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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


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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


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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.


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Schools That Can Receive Students

• May not be identified for improvement

• May include a public charter school within the LEA


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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.


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Three Consecutive Years

• School continues to receive technical assistance• Public school choice

• School must offer supplemental educational services to disadvantaged students


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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


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Allowable Services

• Tutoring• Remediation• Academic intervention

• Instruction must take place outside the regular school day


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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


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Provider Profile

• School or LEA

• Institution of higher education

• Educational service agency

• Nonprofit or for-profit entity

• Faith-based organization


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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


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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


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Four Consecutive Years

• School continues to receive technical assistance• Public school choice

• Supplemental educational servicesCorrective action: At a minimum the corrective

actions must include one of:


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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


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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


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


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 schoolReplace all or most of school staff, including the principalEnter into a contract with an entity, such as a private

management company, with a demonstrated record of effectiveness to operate the school

State takeoverAny other major restructuring of the school’s

governance arrangement


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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.


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Major Components of NCLB





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NCLB requires that all public school teachers must be highly qualified by the 2005-2006 school year


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Three Components of HQ

1. Education (minimum of bachelor’s)

2. Certification (full state, no waivers)

3. Competence (demonstrated)


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Experienced teachers can demonstrate competence

by meeting the high objective uniform state standard of evaluation

(HOUSSE)


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Highly Qualified Elementary Teachers

A teacher who has demonstrated subject knowledge as demonstrated subject knowledge and teaching skills in reading, writing, mathematics, and teaching skills in reading, writing, mathematics, and other areas of the basic elementary school and other areas of the basic elementary school curriculum by passing a rigorous state test (which curriculum by passing a rigorous state test (which may consist of passing a may consist of passing a state-required certification certification or licensing test or tests in reading, writing, or licensing test or tests in reading, writing, mathematics, and other areas of basic elementary mathematics, and other areas of basic elementary school curriculum).school curriculum).


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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.


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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


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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 EditionCopyright © 2006 by Pearson Education, Inc. All rights reserved

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HIGHLY QUALIFIED TEACHERSAnnual 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


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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


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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.


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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


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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.


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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)


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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

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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


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Major Components of NCLB





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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)


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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


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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)


http://www.ed.gov/

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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


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How Do NCLB and IDEA Work Together?


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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)


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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


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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)


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For More Information• U.S. Department of Educationhttp://www.ed.govNo Child Left Behind Homepagehttp://www.ed.gov/nclb/landing.jhtml?src=ln• The complete text of No Child Left Behindhttp://www.ed.gov/policy/elsec/leg/esea02/index.html

• A Toolkit for Teachershttp://www.ed.gov/teachers/nclbguide/index2.html• NCLB Data Driven Decision Makinghttp://www.ed.gov/teachers/nclbguide/index2.html


http://www.ed.gov/

http://www.ed.gov/nclb/landing.jhtml?src=ln




http://www.ed.gov/policy/elsec/leg/esea02/index.html

http://www.ed.gov/teachers/nclbguide/index2.html

http://www.ed.gov/teachers/nclbguide/index2.html

1 The No Child Left Behind Act (NCLB) of 2001 Yell / The Law and Special Education, Second Edition...

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