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National School Boards Association (NSBA)
NCLB Reauthorization

To better inform the national debate on No Child Left Behind (NCLB) reauthorization, ECS collected and synthesized recommendations by national organizations to improve the federal law.

ECS' database is organized around 16 issue areas that captured most recommendations. Some organizations did not offer recommendations for all issues, at least according to our analysis. And several recommendations appear more than once since they applied to multiple issue areas.

The summary and full text of the National School Boards Association's (NSBA) original recommendations are listed in this report. Please see the main database page for additional reports.

Highlights
Issues addressed: 9 of 16
Adequate Yearly Progress; Assessment, Standards and Curriculum; Consequences and Interventions; Data Systems and Reporting; English Language Learners; Finance; Students with Disabilities; Supplemental Education Services; and Miscellaneous/Overarching.

Issues not addressed: 7 of 16
Capacity Building, Innovation and Research & Development; Early Childhood; High Schools; Other Programs; Safe Schools; School Leadership; and Teaching Quality.

Areas of emphasis
Adequate Yearly Progress; Consequences and Interventions; Assessment, Standards and Curriculum.

Source:
NSBA Resource Guide for NCLB Improvements (March 2007)


Visit ECS' Database on NCLB Reauthorization main page for more information, explanations and access to organizations' original reports. Please note that ECS plans to expand the database as more information becomes available.

Database Last Updated: July 2007
 
This database was created and compiled by Mary Fulton, ECS policy analyst.
For questions and comments: 303.299.3679 or mfulton@ecs.org
NCLB Reauthorization : National School Boards Association (NSBA)
Adequate Yearly Progress (AYP)
AYP 1 - Summary of Recommendation Allow larger student subgroup “n” sizes for districts than schools and a group's “n” size to increase to reflect school’s total enrollment.
AYP 1 - Full Recommendation Allow a state's “n” size for student subgroups to be larger for school districts than for schools. In addition, the “n” size for a group within a school may be increased to a number or percentage of that school’s total school enrollment to better align with schools with large enrollments.
AYP 2 - Summary of Recommendation Reduce “safe harbor ” requirement from 10% to 5% to provide more flexibility in meeting AYP.
AYP 2 - Full Recommendation Reduce the “safe harbor ” requirement from 10% to 5%, thus permitting fewer students to demonstrate progress within the group in order to meet this alternative AYP requirement.
AYP 3 - Summary of Recommendation Allow students identified in more than one AYP subgroup to be represented as equal fraction totaling one student.
AYP 3 - Full Recommendation Allow students identified in more than one group for AYP to be represented in the count for each group as an equal fraction totaling one student. This change creates a fairer approach in determining AYP for schools with students belonging to more than one group than over-representing their count.
AYP 4 - Summary of Recommendation Allow AYP goals to increase in unequal increments and different increase rates for subgroups to reach 100% proficiency.
AYP 4 - Full Recommendation Allow intermediate AYP goals to increase in unequal increments, and allow student subgroups to have different rates of increase to ultimately reach 100% proficient.
AYP 5 - Summary of Recommendation Allow AYP measures to include gain score approaches and partial credit for meeting targets.
AYP 5 - Full Recommendation Expand basic AYP measurement system to include: gain score approaches (like value added), and partial credit for meeting basic proficient targets.
AYP 6 - Summary of Recommendation Allow alternate AYP measurement methods, while still using intermediate goals and reaching 100% proficiency by 2013-14.
AYP 6 - Full Recommendation Allow alternate methods of measuring AYP, provided the system is based on attaining proficiency in the 2013-14 school year and using intermediate goals, thereby providing states with greater flexibility to design their accountability systems without lowering the ultimate goals of NCLB.
AYP 7 - Summary of Recommendation Allow student test participation rate for AYP to range from 90% to 95%.
AYP 7 - Full Recommendation Adjust the specific requirement for 95% test participation to a range of 90% to 95% (based on criteria established in the state plan).
AYP 8 - Summary of Recommendation Allow students to be exempted from test participation rate requirements on case-by-case basis for designated reasons. 
AYP 8 - Full Recommendation Allow students to be exempted from state test participation rate requirements on a case-by-case basis due to medical conditions, current state laws that grant parents final decisions regarding participation on standardized assessments, and uncontrollable circumstances (e.g. natural disaster).
AYP 9 - Summary of Recommendation Allow students with “unusual patterns of attendance” to be exempt from test participation rate calculation. For example, chronic truants or those with difficult life circumstances.
AYP 9 - Full Recommendation Allow students determined to have “unusual patterns of attendance ” as defined by the state education agency to be exempt from the calculation to determine participation rate and referenced in the local school district accountability plan. (This category of students may include chronic truants as well as students who fail to attend school on a regular basis because of life circumstances but continue to maintain their official enrollment status.)
AYP 10 - Summary of Recommendation Assign "below basic" score to students not participating in assessments, but ineligible for exemptions.
 
AYP 10 - Full Recommendation Allow students not participating in assessments and determined not to be eligible for exemptions to be assigned a “below basic ” score by the school. In such cases, the school may not be identified as failing to meet the participation rate for AYP on the basis that those same students did not take the assessment.
AYP 11 - Summary of Recommendation Offer alternative assessments, based on IEP, to students with disabilities for AYP purposes.
AYP 11 - Full Recommendation Offer students with disabilities an alternate assessment for the purpose of determining AYP, provided that any such assessment is reflected by the student’s Individual Education Plan and is based on the IEP team’s evaluation and the services to be provided for that student – and meets parent consent requirements for IEP’s.
AYP 12 - Summary of Recommendation Limit percentage of students with disabilities whose alternative assessment score are counted as meeting AYP to 3% of total students assessed.
AYP 12 - Full Recommendation Limit the percentage of students statewide who may have their score counted under alternative assessments as meeting AYP to 3% of the total number of students assessed.
AYP 13 - Summary of Recommendation

Allow students with disabilities' alternate assessments to include out of grade-level tests and base AYP on gain/growth or adjusted scores.

AYP 13 - Full Recommendation Allow alternate assessments for students with disabilities to include out of level assessments consistent with Individual Education Plans (IEP). Likewise, a student’s test results for the purpose of determining AYP may be based on gain scores toward meeting the state standard for proficient or on an adjusted “cut ” score for determining proficient.
AYP 14 - Summary of Recommendation Allow ELL students to be counted in this subgroup for AYP up to three years after tranferring from the group.
AYP 14 - Full Recommendation Allow English language learner (ELL) students to be counted in this subgroup for AYP purposes for an additional three years after tranferring from this group. The current regulation is codified relating to 1) first year students in the United States, and 2) counting students as ELL for determining AYP once they leave the group.
AYP 15 - Summary of Recommendation Use higher score of students assessed more than once prior to beginning of next school year for determining AYP.
AYP 15 - Full Recommendation Use the higher score achieved by a student who is assessed more than once prior to the beginning of the next school year as the sole score for that student for the purposes of determining AYP.
AYP 16 - Summary of Recommendation Include assessment scores for AYP purposes of students who take exams prior to year normally offered and score proficient or above.

AYP 16 - Full Recommendation Allow a student's score to be counted for the purpose of determining AYP if the student scores proficient or above on an assessment taken prior to the academic year in which that assessment is normally offered. However, if that student fails to score at the proficient level, that student’s score will not be counted for determining AYP.
AYP 17 - Summary of Recommendation Allow state NCLB plans to alter federal accountability framework to align with their own systems.
AYP 17 - Full Recommendation Require Secretary of Education, when approving NCLB accountability plans, to grant states flexibility to alter the federal framework to align with the state's own accountability system.
AYP 18 - Summary of Recommendation Require nonpublic school students receiving Title I benefits to take same assessments as public schools, with accountability and test reporting requirements.
AYP 18 - Full Recommendation Require students receiving Title I benefits in nonpublic schools to be given the same assessments, as public school students, with appropriate accountability and test reporting requirements to parents and school districts that are required by NCLB to provide consultative services to those non public schools.
AYP 19 - Summary of Recommendation Allow states to place hold on nonpublic school Title I support if students do not make AYP and perform lower than area public schools.
AYP 19 - Full Recommendation Allow states to authorize a cessation of Title I support to a nonpublic school whose Title I students as a whole do not make AYP and perform at lower levels than the area public school(s) for three years or more.
Assessment, Standards and Curriculum (ASC)
ASC 1 - Summary of Recommendation Offer alternative assessments, based on IEP, to students with disabilities for AYP purposes.
ASC 1 - Full Recommendation Offer students with disabilities an alternate assessment for the purpose of determining AYP, provided that any such assessment is reflected by the student’s Individual Education Plan and is based on the IEP team’s evaluation and the services to be provided for that student – and meets parent consent requirements for IEPs.
ASC 2 - Summary of Recommendation Allow students with disabilities' alternate assessments to include out of grade-level tests and base AYP on gain/growth or adjusted scores.
ASC 2 - Full Recommendation Allow alternate assessments for students with disabilities to include out of level assessments consistent with Individual Education Plans (IEP). Likewise, a student’s test results for the purpose of determining AYP may be based on gain scores toward meeting the state standard for proficient or on an adjusted “cut ” score for determining proficient.
ASC 3 - Summary of Recommendation Allow ELL students to take alternate assessment for up to three years, based on individual targets for meeting state standards.
ASC 3 - Full Recommendation Provide English language learner (ELL) students an alternate assessment that is based on making specific gains individually determined for that student toward meeting state standards for up to three years, as determined by the local school district.
ASC 4 - Summary of Recommendation Use higher score of students assessed more than once prior to beginning of next school year for determining AYP.
ASC 4 - Full Recommendation Use the higher score achieved by a student who is assessed more than once prior to the beginning of the next school year as the sole score for that student for the purposes of determining AYP.
ASC 5 - Summary of Recommendation Include assessment scores for AYP purposes of students who take exams prior to year normally offered and score proficient or above.

ASC 5 - Full Recommendation Allow a student's score to be counted for the purpose of determining AYP if the student scores proficient or above on an assessment taken prior to the academic year in which that assessment is normally offered. However, if that student fails to score at the proficient level, that student’s score will not be counted for determining AYP.
ASC 6 - Summary of Recommendation Require nonpublic school students receiving Title I benefits to take same assessments as public schools, with accountability and test reporting requirements.
ASC 6 - Full Recommendation Require students receiving Title I benefits in nonpublic schools to be given the same assessments, as public school students, with appropriate accountability and test reporting requirements to parents and school districts that are required by NCLB to provide consultative services to those non public schools.
Capacity Building, Innovation and Research & Development (CIRD)
CIRD 1 - Summary of Recommendation No recommendations identified for this issue.
Consequences and Interventions (CI)
CI 1 - Summary of Recommendation Limit school transfers to low achieving students in subgroups that fail to meet AYP in same subject for two or more years.
CI 1 - Full Recommendation Require that school transfer option be offered only to those low achieving students within the subgroup who failed to meet their AYP targets in the same subject for two or more years – not to all students in the school.
CI 2 - Summary of Recommendation Discontinue school choice transportation financial obligations for students when their subgroup meets AYP.
CI 2 - Full Recommendation Discontinue financial obligations of a school district to provide transportation for a student when the subgroup to which the student belongs no longer is identified as not meeting AYP target within the student’s former school even if that school continues to be identified as not making AYP for other reasons.
CI 3 - Summary of Recommendation Offer students option to transfer to one school rather than at least two schools, as currently allowed under NCLB.
CI 3 - Full Recommendation Offer a student the option to transfer to one other school rather than the current interpretation of at least two schools.
CI 4 - Summary of Recommendation Expand reasons for exempting students from being offered school transfer option to include class-size laws; overcrowding; need for mobile classrooms or building construction; and travel burdens.
CI 4 - Full Recommendation Add the following conditions to the current regulation exempting students from being offered the transfer option when health and safety are involved: 1) class-size laws; 2) overcrowding; 3) the need for mobile classrooms, construction or other significant capital outlays; and 4) such travel burdens as time, safety and unusually high per pupil costs.
CI 5 - Summary of Recommendation Allow districts to offer SES before school transfer option.
CI 5 - Full Recommendation Allow supplemental services to be offered in the first year that a school is in improvement status – rather than only offering the transfer option for that year.
CI 6 - Summary of Recommendation Apply sanctions only when AYP is not met by “same group” for two or more consecutive years in a subject on “same indicator. ”
CI 6 - Full Recommendation Apply sanctions for schools and districts only when AYP is not met by the “same group ” for two or more consecutive years in a subject on the “same indicator ” – rather than applying sanctions when different groups and/or different indicators are involved from year to year in that subject.
CI 7 - Summary of Recommendation Require districts to restructure when they fail to make AYP, based on averaging scores of all grades tested and for at least one grade span.
CI 7 - Full Recommendation Apply corrective action sanctions to restructure a school district when it fails to make AYP on the basis of 1) averaging the score of all grades tested and 2) it fails to make AYP for at least one grade span.
CI 8 - Summary of Recommendation Require restructuring only when total number of students in subgroups not scoring proficient or above exceeds 35% of school or district’s enrollment.
CI 8 - Full Recommendation Do not implement NCLB provisions requiring the restructuring of a school or a district unless the total number of students in the groups not scoring proficient or above exceeds 35% of that school or district’s enrollment.
CI 9 - Summary of Recommendation Defer sanctions due to sudden enrollment changes within student subgroups, as well as natural disasters or financial hardships.
CI 9 - Full Recommendation Defer implementation of school or district sanctions for one year due to a sudden change in the enrollment of particular groups of students in the school or within identified groups, in addition to hardships such as natural disasters or financial difficulties.
CI 10 - Summary of Recommendation Defer NCLB sanctions if Title I appropriations do not increase by at least $2.5 billion over previous year.
CI 10 - Full Recommendation Defer sanctions relating to corrective action and restructuring in any year that appropriations for Title I is not increased by at least $2.5 billion over the previous year until Title I is fully funded.
CI 11 - Summary of Recommendation Defer NCLB sanctions if appropriations for students with disabilities are not consistent with IDEA funding levels.
CI 11 - Full Recommendation Defer sanctions relating to corrective action and restructuring in any year that appropriations for students with disabilities are not consistent with the authorized funding levels in Individuals with Disabilities Education Improvement Act (IDEA) of 2004.
Data Systems and Reporting (DSR)
DSR 1 - Summary of Recommendation Require nonpublic school students receiving Title I benefits to take same assessments as public schools, with accountability and test reporting requirements.
DSR 1 - Full Recommendation Require students receiving Title I benefits in nonpublic schools to be given the same assessments, as public school students, with appropriate accountability and test reporting requirements to parents and school districts that are required by NCLB to provide consultative services to those non public schools.
Early Childhood Education (ECE)
ECE 1 - Summary of Recommendation No recommendations identified for this issue.
English Language Learners (ELL)
ELL 1 - Summary of Recommendation Allow ELL students to be counted in this subgroup for AYP up to three years after tranferring from the group.
ELL 1 - Full Recommendation Allow English language learner (ELL) students to be counted in this subgroup for AYP purposes for an additional three years after tranferring from this group. The current regulation is codified relating to 1) first year students in the United States, and 2) counting students as ELL for determining AYP once they leave the group.
ELL 2 - Summary of Recommendation Allow ELL students to take alternate assessment for up to three years, based on individual targets for meeting state standards.`
ELL 2 - Full Recommendation Provide English language learner (ELL) students an alternate assessment that is based on making specific gains individually determined for that student toward meeting state standards for up to three years, as determined by the local school district.
Funding Issues (FI)
FI 1 - Summary of Recommendation Discontinue school choice transportation financial obligations for students when their subgroup meets AYP.
FI 1 - Full Recommendation Discontinue financial obligations of a school district to provide transportation for a student when the subgroup to which the student belongs no longer is identified as not meeting AYP target within the student’s former school even if that school continues to be identified as not making AYP for other reasons.
FI 2 - Summary of Recommendation Defer NCLB sanctions if Title I appropriations do not increase by at least $2.5 billion over previous year.
FI 2 - Full Recommendation Defer sanctions relating to corrective action and restructuring in any year that appropriations for Title I is not increased by at least $2.5 billion over the previous year until Title I is fully funded.
FI 3 - Summary of Recommendation Defer NCLB sanctions if appropriations for students with disabilities are not consistent with IDEA funding levels.
FI 3 - Full Recommendation Defer sanctions relating to corrective action and restructuring in any year that appropriations for students with disabilities are not consistent with the authorized funding levels in Individuals with Disabilities Education Improvement Act of 2004.
High Schools (HS)
HS 1 - Summary of Recommendation No recommendations identified for this issue.
Other Programs (OP)
OP 1 - Summary of Recommendation No recommendations identified for this issue.
Safe Schools (SS)
SS 1 - Summary of Recommendation No recommendations identified for this issue.
School Leadership (SL)
SL 1 - Summary of Recommendation No recommendations identified for this issue.
Students with Disabilities (SWD)
SWD 1 - Summary of Recommendation Offer alternative assessments, based on IEP, to students with disabilities for AYP purposes.
SWD 1 - Full Recommendation Offer students with disabilities an alternate assessment for the purpose of determining AYP, provided that any such assessment is reflected by the student’s Individual Education Plan and is based on the IEP team’s evaluation and the services to be provided for that student – and meets parent consent requirements for IEP’s.
SWD 2 - Summary of Recommendation Limit percentage of students with disabilities whose alternative assessment score counted as meeting AYP to 3% of total students assessed.
SWD 2 - Full Recommendation Limit the percentage of students statewide who may have their score counted under alternative assessments as meeting AYP to 3% of the total number of students assessed.
SWD 3 - Summary of Recommendation Allow students with disabilities' alternate assessments to include out of grade-level tests and base AYP on gain/growth or adjusted scores.
SWD 3 - Full Recommendation Allow alternate assessments for students with disabilities to include out of level assessments consistent with Individual Education Plans (IEP). Likewise, a student’s test results for the purpose of determining AYP may be based on gain scores toward meeting the state standard for proficient or on an adjusted “cut ” score for determining proficient.
Supplemental Education Services (SES)
SES 1 - Summary of Recommendation Allow districts to offer SES before school transfer options.
SES 1 - Full Recommendation Offer supplemental services in the first year that a school is in improvement status – rather than only offering the transfer option for that year.
SES 2 - Summary of Recommendation Require SES only for low achieving students within subgroups that fail to make AYP.
SES 2 - Full Recommendation Require supplemental services to be offered only to low achieving students within the specific group that fails to make AYP in the same subject for two or more years.
SES 3 - Summary of Recommendation Require states to consult with districts in developing criteria for SES providers.
SES 3 - Full Recommendation Require states to consult with school districts in developing criteria for supplemental service providers.
SES 4 - Summary of Recommendation Require states to develop, and make available, procedures for districts to bring complaints regarding SES providers.
SES 4 - Full Recommendation Require states to develop – and make available to the public – procedures to enable local school districts to bring complaints regarding the selection and performance of supplemental service providers, and number of schools served by the provider if such scope of service adversely affects the quality of service.
SES 5 - Summary of Recommendation Do not deny district's ability to provide SES based solely on whether it made AYP or is in NCLB sanction status.
SES 5 - Full Recommendation Do not deny school districts the opportunity to provide supplemental services solely because they did not make AYP or they are in improvement, corrective action or restructuring status.
Teaching Quality (TQ)
TQ 1 - Summary of Recommendation No recommendations identified for this issue.
Miscellaneous/Overarching (Misc.)
Misc. 1 - Summary of Recommendation Provide waivers for NCLB provisions, especially if burdensome or duplicative of state requirements.
Misc. 1 - Full Recommendation Allow the Secretary to provide NCLB statutory and regulatory waivers – including waiving requirements that are unnecessarily burdensome or duplicative of state requirements.
Misc. 2 - Summary of Recommendation Require Education Department to publish state plan amendments and waivers on its Web site in timely manner and clear language. 
Misc. 2 - Full Recommendation Require amendments to a state plan approved or waivers granted by the Secretary to be published on the Education Department's Web site in clear and complete language within 30 days.
Misc. 3 - Summary of Recommendation Ensure waivers or revisions to NCLB plans granted to one state are available to other states.
Misc. 3 - Full Recommendation Ensure that a waiver or state plan’s revision approved by the Secretary is available to any other state on a case-by-case determination.



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