FAQ for No Child Left Behind

press release
Published: September 29, 2008

NCLB And South Carolina’s Assessment System

What is NCLB?
The No Child Left Behind Act of 2001 (NCLB) is a sweeping piece of federal legislation that affects practically every aspect of American public education. While Congress has passed other pieces of legislation impacting schools, NCLB provides directives in areas formerly left up to states.  For example, NCLB establishes criteria to be applied to all schools for standards and student testing, school accountability systems, educator quality, and safe schools.  Because this is a massive piece of legislation, implementation rules continue to be developed and refined by the U.S. Department of Education, although the law has been in place for some time.

What changes did South Carolina make to comply with NCLB?
First, South Carolina implemented a single, statewide accountability system based on federal regulations. Second, we complied with new requirements defining what we mean by “highly qualified” educators. Third, we defined what we meant by “safe” and “unsafe” schools.

But didn’t South Carolina already have a statewide accountability system?
Yes, we did.  The South Carolina General Assembly passed the Education Accountability Act (EAA) in 1998, and that law set rigorous statewide academic standards for every subject in every grade.  The EAA ordered the use of the Palmetto Achievement Challenge Tests (PACT) to measure progress toward those standards in grades 3 – 8, and the High School Assessment Program (HSAP) and end-of-course tests to measure progress at high schools.  The EAA also established school and district report cards that rated school performance.

So what happened to our state accountability system?
It had to be modified to comply with the requirements of the new federal law.  A number of things already in place because of the EAA did help South Carolina meet NCLB’s mandates, however. 

Will South Carolina have to change its PACT testing system?
No.  South Carolina’s PACT assessment system meets the requirements of NCLB.  HSAP, South Carolina’s new high school exit examination, also meets federal testing requirements in English Language Arts and math.  In February 2006, South Carolina became the first state in the nation to have its assessment system approved under NCLB.

What about the state school report cards that come out each November under the EAA?
The report cards continue to have the rankings of “absolute” and “improvement” on which schools are rated. Because of NCLB, however, there is a third measure of school performance called Adequate Yearly Progress (AYP). In this way, South Carolinians have three ways to look at the performance of every school, every district, and the state as a whole. The “absolute” rating looks at the school as a whole and acknowledges improved school performance on PACT on all levels: below basic, basic, proficient, and advanced.  “Improvement” is also based on the school as a whole. This measure looks at the increase in each individual student’s learning from one year to the next and sums it across the school. Schools are ranked excellent, good, average, below average, or unsatisfactory, based on both how well they do on “absolute” and on “improvement.” 

Beginning with the November 2005 report card (based on spring 2004 assessment results), schools with an absolute rating of “excellent” or “good” on the absolute rating will have their ranking lowered one level if they do not make NCLB’s Adequate Yearly Progress (AYP) for students.

What is Adequate Yearly Progress and how is it different from EAA rankings?
NCLB requires that all students reach proficiency in reading/language arts and mathematics (roughly B+ work) by the end of the 2013 – 14 school year.  The charts below show the percentage of students that must score proficient on PACT or HSAP in order for AYP to be achieved each year.  The AYP rating evaluates each school’s performance based on categories of students within that school.  The report card’s absolute and improvement ratings look at the average performance of all students together.

How is AYP determined?
AYP looks at the percentage of students at or above proficient only, and it also includes other indicators such as graduation rates for high schools and attendance rates for elementary and middle schools.  With AYP, there is no “scale.”  It is an either/or measure.  There are a number of targets each school must meet in order to achieve AYP.  The larger a school is, and the more different types of students it serves, the more targets it must meet.  If any one of those targets is missed, the school will receive the label “Does Not Meet AYP.”

Does not making AYP mean a school is failing?  Or that a district is failing?
Not necessarily.  It means that the school or district didn’t meet the AYP target(s) in one or more categories.  For example, if a school has 24 AYP targets and meets 23, that obviously is not a “failing” school.  In fact, the terminology of “failing school” does not appear in the language of the federal law.  Parents should also look at other performance measures on a school or district report card.

What are the AYP targets for the other performance indicators?
Other AYP targets include the percentage of students tested (at least 95 percent) for all students and in each category of students in English/language arts and in math.  For high schools, AYP is met on graduation rate if improvement occurs over the previous year’s graduation rate or if the graduation rate is higher than 88.3 percent.  For elementary and middle schools, the attendance rate’s AYP is met if the school exceeds the attendance threshold of 94 percent. 

What are the different categories of students within a school that will be reviewed?
Student categories must have a minimum number of students to count toward AYP. The categories generally found in South Carolina are African-American, Hispanic, white, students with disabilities, limited English proficient (LEP), and economically disadvantaged.  The “whole school” is also considered to be a category.  There must be at least 40 students in one of these categories before the group is “broken out” and examined separately for AYP purposes.  For LEP students and students with disabilities, the minimum number is 50.  However, when any group of students equals 10, their performance is presented on the annual report card so that the performance of all groups of students is reviewed and addressed.

Choice and Supplemental Services

What about NCLB allowing parents to transfer their children to different schools?  Or get free supplemental services?
Although all schools are rated using AYP, NCLB requires specific sanctions only for Title I schools that are in “needs improvement.”  Therefore, the transfer or “choice” provision of NCLB applies only to Title I schools.  These schools receive federal Title I funds because they serve a significant number of students from economically disadvantaged families.  Click here to see a list of Title I schools and more information about Title I schools is provided below.

When a Title I school is identified as not meeting AYP in the same subject or “other indicator” for a second consecutive year, it enters “needs improvement” status.  Parents must be offered the choice of sending their child or children to another school in that district that is not in “needs improvement.”  A second consecutive year in “needs improvement” (third year of not meeting AYP) requires the school to offer supplemental services from approved providers (student tutoring) as well as the choice option.  A third year in “needs improvement status” (fourth year of not meeting AYP) requires the local school district to develop a plan to “restructure” the school.  A fourth year in “needs improvement status” (fifth year of not meeting AYP) requires the district to restructure the school.

What is a Title I school and what does it have to do with No Child Left Behind?
A Title I school is a school that receives federal funds from the Improving the Academic Achievement of the Disadvantaged Program.  Title I is the short name for this long-standing federal program that is now the first section of NCLB.  Title I is the largest single allocation of federal funding for education. Schools qualify based on the percent of students living in poverty, which is based on the number of students who receive free lunch or lunch for a reduced fee. About 60 percent of South Carolina’s elementary and middle schools are Title I schools, and all of our school districts receive Title I money.  Recognizing that children from low-income families face greater academic challenges at school, federal funding is provided to schools with higher percentages of students from low-income families. The administration and staff at Title I schools use this extra federal funding to develop instructional programs that support student achievement.

How can I find out if a school gets Title I money?
Ask the school, the district office, or the district Title I coordinator, or access the State Department of Education’s Web site to see a list of schools receiving Title I money. To go directly to the list, click here.

Can I ask for a transfer to another school for my child?
Yes, but only if your child attends a Title I school in “needs improvement” status for not having met AYP for two years or more.  By law, your school district must inform you by letter when your child’s school is in this status.  All children, regardless of whether they are in a Title I program, may transfer.  Free transportation must be offered, but not all students may qualify for this transportation.  If more students request choice than transportation funds can accommodate, students will be rank-ordered by lowest-achieving to determine who receives free transportation.  That’s why it’s possible that some students may get free transportation and some may not. A transfer can only be to schools not in “needs improvement” status. 

Can a school district limit the number of schools parents can choose from, or will parents have unlimited choice?
NCLB states that districts must provide parents with “reasonable” options, which is generally interpreted to mean at least two choices within the district if more than one school that meets the requirements is available. Students must be given the option to transfer to another public school, which may include a public charter school, within the district. These schools cannot be in “needs improvement” status. A district must take into account the parents’ preferences among the choices offered.

Districts have the flexibility to determine which schools will comprise the range of alternatives for student transfers. The choices must provide students in low-performing schools with real alternatives for obtaining a better education. A school district may not use over crowding as a reason to deny students the option to transfer.  Options for handling such a situation have been suggested by the federal government and are listed below.

Where will small rural districts find “other” schools for children to attend?
In some cases, parents will be notified that their child’s Title I school is identified for “needs improvement” and that the child is eligible for choice, but that no choices are currently available. In this situation, a district shall, to the extent practicable, work with other districts in the area to establish a cooperative agreement that would allow inter-district choice. Title I funds set aside for transportation would be used to provide this choice.  At this time, no inter-district choice agreements exist in South Carolina.

What if the new school to which the children can transfer is crowded?
NCLB specifically states that overcrowding cannot be used as a reason to turn away any transfer students from “needs improvement” Title I schools.  Overcrowding is considered to be a district problem, and the U.S. Department of Education has made several suggestions for handling such a situation, such as
–implementing a virtual school (at the existing school),
–redrawing attendance zones,
–establishing satellite campuses,
–dividing the school into smaller schools, or
–authorizing additional charter schools.

Some parents got letters as early as June saying that their child’s school must offer “choice.”  How is this possible since the PACT scores are not available until September?

NCLB requires that parents be notified as early as possible so that they have the option to transfer their children to another school.  This allows parents time to consider just what their decision will be.  In order to meet the federal deadline, South Carolina uses historical performance data for a preliminary determination of whether all AYP targets will be met.  Individual school districts may choose to send letters to parents based on the district’s review of past school performance before the state provides its list. 

The state makes its preliminary designation of schools in “needs improvement” status by mid-August with final designation completed by the end of September.  Parents are to be notified in August of the possible transfer or supplemental services options.

Overcrowding in a school is considered an insufficient reason to turn away students transferring under NCLB.  For this reason, some districts decided to make the announcement early to try to ease the disruptions due to the possible need to adjust for changes in student numbers at some schools.  For example, the district might have to purchase portable classrooms and shift staff to accommodate more students in a particular school.

When the school is no longer in “needs improvement,” does my child have to return to the original school?
No, your child may remain in the transfer school until she or he completes the grades contained in the school.  Transportation will no longer be required to be offered, however.  Parents will have to transport their children.

When are parents given the opportunity to get free supplemental services for their children?
Eligibility for supplemental services differs from that for choice.  Only students in the Title I program are eligible.  If more eligible students request services than funds can support, the district rank-orders the students by lowest achieving.

Providers of the services must be approved by the Department of Education and have a contract with the local school district to provide the services.  Groups such as the YMCA, private tutoring companies, faith organizations, and other schools can become providers.  The criteria for providers are available on the Department’s Web site, click here. Districts are required by law to inform parents about the services options available to them.  Parents obtain these services through the school district; they do not contract directly with a provider.

Just which groups provide services will vary across the nation and among the districts.  Some providers only work in certain locations.  Their group may meet the criteria in one district but not in another.  The amount a district has to spend per pupil varies by district, so some providers will become involved for one per-pupil amount and not another.  Providers that do not continue to meet the performance and fiscal criteria can be dropped as approved providers.

What does “needs improvement” mean? Is the school failing?
Just as in the earlier answer of why a school isn’t necessarily “failing” if it doesn’t meet AYP, it isn’t necessarily “failing” if it receives “needs improvement” status.  The terminology is important here, because all schools can be viewed as needing improvement.  For example, a school can meet 15 out of 17 AYP targets in one year and 16 out of 17 targets the next, but if it does not meet Adequate Yearly Progress in the same subject for two consecutive years, it is labeled “needs improvement.”  In addition, a school can go into “needs improvement” status if it does not meet its attendance or graduation targets for two consecutive years.

Aren’t you worried that a school might be wrongly labeled as being in “needs improvement” status?
Yes.  But that is why the State Department of Education uses historical performance data and waits as long as possible before making the preliminary designations.  Federal deadlines must be met, however, or the state could face sanctions.  Further, schools and school districts must have the opportunity to review the data to make sure that they are accurate.  Such a review takes time, particularly in a large district such as Greenville or Horry.  With the approval of the U.S. Department of Education, South Carolina has taken additional steps to enhance reliability.

What does “restructuring” a school (or a district) mean?
The federal law gives local school districts a number of options: the school’s leaders and faculty can be replaced, in part or completely; a new curriculum can be introduced; the school’s organizational structure can be revised; the school can be converted into a magnet or public charter school; the school can be managed by a private contractor; or the school can be closed.  As with the EAA, a district’s management can be taken over by the state.

What must a school do to get out of “needs improvement” status?
A school is designated as “needs improvement” when it does not make AYP for two years in the same subject or same “other indicator.”  To remove the designation, a school must make AYP for two years consecutively in every AYP target. 

Why does South Carolina have a higher percentage of schools not meeting AYP than most states?
Under No Child Left Behind, each state was allowed to set its own version of what “proficiency” means.  Some states, including South Carolina, have proficiency standards that are much higher than other states.  That’s why there is a wide disparity among states when it comes to the percentages of their schools that don’t meet AYP.  For example, although South Carolina and Texas have similar performance levels on federal standardized tests, Texas had nearly 2½ times the percentage of its schools scoring proficient on its state tests.  South Carolina set a high proficiency rate under the 1998 EAA state accountability system, a level that independent analysts recently rated along with Maine as the nation’s toughest.  Texas set a lower standard, and so more of its schools meet AYP.

How do we know for sure that South Carolina’s proficiency standards are higher than other states?
Six independent national research studies have confirmed the wide disparities in academic proficiency standards among the states.  In each of these studies, South Carolina was cited as having standards that were among the nation’s most rigorous.  These same studies also found that our standards were similar in rigor to those of the National Assessment of Educational Progress tests (NAEP) mandated under NCLB. 

Why doesn’t South Carolina lower its proficiency rate so that more of its schools can meet AYP?
Some states have lowered their proficiency standards, but South Carolina chose not to do so.  Based on recommendations from South Carolina teachers, our standards were set with the firm belief that they represent the proper skill levels, and several independent reviews have confirmed that.  No Child Left Behind does make our proficiency standard a much more important and influential benchmark than it was under the EAA, but State Superintendent of Education Inez Tenenbaum believes that lowering that standard would send the signal that we do not believe our students, teachers, and educators are capable of learning at the highest levels.  Mrs. Tenenbaum does maintain, however, that the U.S. Congress should move to level the playing field by adopting a common proficiency standard for all states.

Although South Carolina has decided not to lower its proficiency standard, has the state made any other changes that might produce a more accurate comparison with other states?

NCLB does not allow for comparisons of states, but such comparisons are made nevertheless.  For the initial round of NCLB reports in 2003, the U.S. Department of Education approved a wide variety of individual state plans.  Several proposals made by South Carolina were turned down for our state but approved for others.  When the USDE invited states to amend their plans for 2004 and again in 2005, South Carolina requested changes that would bring our state’s plan into alignment with those approved for other states.  These changes were approved by the USDE. 

One change attempts to minimize statistical “dips” that occur, particularly in smaller schools, by averaging attendance rates and graduation rates over three years.  Now a school can meet a target with the performance of the most recent year or with the average for the three most current years.  This change mirrors the averaging already allowed for academic performance.

Another change institutes “error bands” to provide some assurance that a school is not mistakenly identified as “needs improvement” due to chance.  This practice is similar to the use of error margins reported in results from public opinion polls.  Most states use error bands or “confidence intervals” in computing AYP, and all states eventually will do so.  If a student takes the same test on three different days, what are the chances that he will score exactly the same all three times?  South Carolina’s error bands statistically adjust a single instance of student performance and provide greater assurance that the student’s performance would be repeated if the tests were taken several times.  In fact, the adjustment is called the “standard measure of error.”

Another change gives South Carolina schools a “safe harbor” for meeting AYP by demonstrating that their students are making adequate progress toward proficiency, even if insufficient numbers score Proficient or above at the current time to meet the state’s objectives.  This is similar to the logic that underlies the Absolute ratings using in South Carolina’s state accountability reporting.

Public school critics will say that this kind of change – or any kind of change that would allow more schools to make AYP – is just a way for schools to avoid accountability.  Is there any truth to that criticism?
If South Carolina were trying to avoid accountability under NCLB, it’s extremely doubtful that the head of the federal agency that administers the law would have gone out of her way to praise the state’s work in complying with both the law’s letter and spirit.  In a widely publicized speech on April 7, 2005, U.S. Secretary of Education Margaret Spellings specifically praised South Carolina’s efforts to uphold rigorous academic standards under NCLB.

Spellings would certainly agree with State Superintendent of Education Inez Tenenbaum that each state’s AYP methodology must have the ability to accurately identify schools that really need help.  If excellent schools and struggling schools get the same label, that kind of identification is difficult, if not impossible.  More than that, the federal law stands to lose credibility with the public.  South Carolina’s “safe harbor” revision is basically a balancing act.  It represents our state’s effort to protect the intent of NCLB without ruining its credibility, and without diluting our state’s efforts to help schools that really need it.

Inaccurate identification has another negative consequence, too, because schools that miss even one AYP target are not eligible to serve as choices for parents seeking to exercise their NCLB choice options.

Could the “needs improvement” label hurt a school?  What if a school’s most involved parents request a transfer?  What if teachers become demoralized?  How would that help a school improve?
President George W. Bush and the bipartisan group of congressmen and senators who passed No Child Left Behind believe schools must be held to high standards for all children and face penalties if they fail. The idea behind No Child Left Behind is that it will push teachers, principals, and
parents to make sure all students meet high standards.

Many South Carolina schools face severe challenges.  Their students live in poverty, often in single-parent homes where their parents are not educated.  These children don’t receive adequate health care and often don’t get enough to eat.  Is it fair for the new law to hold teachers accountable for students who come to school with so many strikes against them?

No Child Left Behind is based on the idea that every school must have very high standards and; also, that children and educators will accept the challenges of meeting the new goals.

No Child Left Behind says that special education students must meet the same standards as regular-education students.  Is that possible? 

The idea is that schools shouldn’t set lower standards for special education students and that those students should be taught the same curriculum as regular education students.  Teachers may use different strategies such as smaller class sizes, more one-on-one attention, and more hands-on activities.  Also, students with severe disabilities may be assessed in alternative ways. 

What about schools with lots of students who can barely speak English? Do they take PACT?  Do their test scores count in AYP? 

Yes, but with some flexibility.  Students who are in their first year of U.S. residency must take the math PACT but their scores are not included in AYP calculations.  Schools have the option of either testing the student through the language arts PACT or the English Language Proficiency test.  Again, the results are not included in AYP for this first year of U.S. residency.  Schools must make annual improvements in the percent of students with limited English proficiency passing language proficiency tests.

Highly Qualified Teachers

What does NCLB mean for teachers and other educators?
No Child Left Behind sets specific criteria for determining whether a teacher meets the federal definition of “highly qualified.”  In South Carolina, as in most states, teachers already had to meet certain criteria in order to be certified and to teach. 

How will I know my child’s teacher’s qualifications meet the federal requirements?
If your child attends a Title I school and is taught in a core academic subject area for four consecutive weeks by a teacher not meeting the criteria of highly qualified, the school must send a letter home explaining the teacher’s qualifications.

Safe Schools

What’s this I hear about No Child Left Behind labeling schools as “persistently dangerous?”
The federal law requires each state to develop a set of criteria that will determine when a school is designated as “persistently dangerous.”  A parent whose child attends such a school can transfer that student to another school in the district.  A statewide task force of educators, parents, law enforcement leaders, and judicial officials developed South Carolina’s criteria.  The criteria were then approved by the State Board of Education and the U.S. Department of Education.  To date, no South Carolina school has received the “persistently dangerous” designation. 

A school is considered to be “persistently dangerous” if conditions expose students to violent criminal offenses for three years in a row.