Education Commission of the States

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National School Boards Association (NSBA)
Summary of Recommendations
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 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 2 - Summary of Recommendation Reduce “safe harbor ” requirement from 10% to 5% to provide more flexibility in meeting AYP.

AYP 3 - Summary of Recommendation Allow students identified in more than one AYP subgroup to be represented as equal fraction totaling one student.

AYP 4 - Summary of Recommendation Allow AYP goals to increase in unequal increments and different increase rates for subgroups to reach 100% proficiency.

AYP 5 - Summary of Recommendation Allow AYP measures to include gain score approaches and partial credit for meeting targets.

AYP 6 - Summary of Recommendation Allow alternate AYP measurement methods, while still using intermediate goals and reaching 100% proficiency by 2013-14.

AYP 7 - Summary of Recommendation Allow student test participation rate for AYP to range from 90% to 95%.

AYP 8 - Summary of Recommendation Allow students to be exempted from test participation rate requirements on case-by-case basis for designated reasons.

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 10 - Summary of Recommendation Assign "below basic" score to students not participating in assessments, but ineligible for exemptions.

AYP 11 - Summary of Recommendation Offer alternative assessments, based on IEP, to students with disabilities for AYP purposes.

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 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 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 15 - Summary of Recommendation Use higher score of students assessed more than once prior to beginning of next school year for 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 17 - Summary of Recommendation Allow state NCLB plans to alter federal accountability framework to align with their own systems.

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 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.

Assessment, Standards and Curriculum (ASC)

ASC 1 - Summary of Recommendation Offer alternative assessments, based on IEP, to students with disabilities for AYP purposes.

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 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 4 - Summary of Recommendation Use higher score of students assessed more than once prior to beginning of next school year for 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 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.

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 2 - Summary of Recommendation Discontinue school choice transportation financial obligations for students when their subgroup meets AYP.

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 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 5 - Summary of Recommendation Allow districts to offer SES before school transfer option.

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 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 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 9 - Summary of Recommendation Defer sanctions due to sudden enrollment changes within student subgroups, as well as natural disasters or financial hardships.

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 11 - Summary of Recommendation Defer NCLB sanctions if appropriations for students with disabilities are not consistent with IDEA funding levels.

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.

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 2 - Summary of Recommendation Allow ELL students to take alternate assessment for up to three years, based on individual targets for meeting state standards.`

Funding Issues (FI)

FI 1 - Summary of Recommendation Discontinue school choice transportation financial obligations for students when their subgroup meets AYP.

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 3 - Summary of Recommendation Defer NCLB sanctions if appropriations for students with disabilities are not consistent with IDEA funding levels.

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 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 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.

Supplemental Education Services (SES)

SES 1 - Summary of Recommendation Allow districts to offer SES before school transfer options.

SES 2 - Summary of Recommendation Require SES only for low achieving students within subgroups that fail to make AYP.

SES 3 - Summary of Recommendation Require states to consult with districts in developing criteria for SES providers.

SES 4 - Summary of Recommendation Require states to develop, and make available, procedures for districts to bring complaints regarding SES providers.

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.

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. 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. 3 - Summary of Recommendation Ensure waivers or revisions to NCLB plans granted to one state are available to other states.

© 2008 by the Education Commission of the States (ECS). All rights reserved. ECS is a nonprofit interstate compact that helps state leaders shape education policy.

To request permission to excerpt part of this publication, either in print or electronically, please fax a request to the attention of the ECS Communications Department, 303.296.8332 or e-mail ecs@ecs.org.

Helping State Leaders Shape Education Policy

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 2 - Summary of Recommendation	Reduce “safe harbor ” requirement from 10% to 5% to provide more flexibility in meeting AYP.
AYP 3 - Summary of Recommendation	Allow students identified in more than one AYP subgroup to be represented as equal fraction totaling one student.
AYP 4 - Summary of Recommendation	Allow AYP goals to increase in unequal increments and different increase rates for subgroups to reach 100% proficiency.
AYP 5 - Summary of Recommendation	Allow AYP measures to include gain score approaches and partial credit for meeting targets.
AYP 6 - Summary of Recommendation	Allow alternate AYP measurement methods, while still using intermediate goals and reaching 100% proficiency by 2013-14.
AYP 7 - Summary of Recommendation	Allow student test participation rate for AYP to range from 90% to 95%.
AYP 8 - Summary of Recommendation	Allow students to be exempted from test participation rate requirements on case-by-case basis for designated reasons.
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 10 - Summary of Recommendation	Assign "below basic" score to students not participating in assessments, but ineligible for exemptions.
AYP 11 - Summary of Recommendation	Offer alternative assessments, based on IEP, to students with disabilities for AYP purposes.
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 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 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 15 - Summary of Recommendation	Use higher score of students assessed more than once prior to beginning of next school year for 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 17 - Summary of Recommendation	Allow state NCLB plans to alter federal accountability framework to align with their own systems.
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 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.
Assessment, Standards and Curriculum (ASC)
ASC 1 - Summary of Recommendation	Offer alternative assessments, based on IEP, to students with disabilities for AYP purposes.
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 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 4 - Summary of Recommendation	Use higher score of students assessed more than once prior to beginning of next school year for 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 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.
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 2 - Summary of Recommendation	Discontinue school choice transportation financial obligations for students when their subgroup meets AYP.
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 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 5 - Summary of Recommendation	Allow districts to offer SES before school transfer option.
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 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 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 9 - Summary of Recommendation	Defer sanctions due to sudden enrollment changes within student subgroups, as well as natural disasters or financial hardships.
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 11 - Summary of Recommendation	Defer NCLB sanctions if appropriations for students with disabilities are not consistent with IDEA funding levels.
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.
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 2 - Summary of Recommendation	Allow ELL students to take alternate assessment for up to three years, based on individual targets for meeting state standards.`
Funding Issues (FI)
FI 1 - Summary of Recommendation	Discontinue school choice transportation financial obligations for students when their subgroup meets AYP.
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 3 - Summary of Recommendation	Defer NCLB sanctions if appropriations for students with disabilities are not consistent with IDEA funding levels.
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 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 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.
Supplemental Education Services (SES)
SES 1 - Summary of Recommendation	Allow districts to offer SES before school transfer options.
SES 2 - Summary of Recommendation	Require SES only for low achieving students within subgroups that fail to make AYP.
SES 3 - Summary of Recommendation	Require states to consult with districts in developing criteria for SES providers.
SES 4 - Summary of Recommendation	Require states to develop, and make available, procedures for districts to bring complaints regarding SES providers.
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.
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. 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. 3 - Summary of Recommendation	Ensure waivers or revisions to NCLB plans granted to one state are available to other states.