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a desktop reference 2002 prepared by the office of the under secretary
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u.s department of education rod paige secretary office of the under secretary eugene hickok under secretary office of elementary and secondary education susan b neuman assistant secretary september 2002 this report is in the public domain authorization to reproduce it in whole or in part is granted while permission to reprint this publication is not necessary the citation should be u.s department of education office of elementary and secondary education no child left behind a desktop reference washington d.c 2002 to obtain copies of this report write to ed pubs education publications center u s department of education p o box 1398 jessup md 20794-1398 or fax your request to 301 470-1244 or e-mail your request to edpubs@inet.ed.gov or call in your request toll-free 1-877-433-7827 1-877-4-ed-pubs if 877 service is not yet available in your area call 1-800-872-5327 1-800-usa-learn those who use a telecommunications device for the deaf tdd or a teletypewriter tty should call 1-800-437-0833 or order online at www.ed.gov/pubs/edpubs.html this report is also available on the department s web site at www.ed.gov/offices/oese/reference on request this publication is available in alternate formats such as braille large print audiotape or computer diskette for more information please contact the department s alternate format center 202 260-9895 or 202 205-8113.
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the secretary of education washington d.c 20202 september 2002 dear colleague this year began on a wonderful note for america s 50 million school children when president bush signed the no child left behind act into law on january 8 2002 our nation embarked on a new era in how we educate our children and how the federal government supports elementary and secondary education this historic reform gives states and school districts unprecedented flexibility in how they spend their education dollars in return for setting standards for student achievement and holding students and educators accountable for results the no child left behind act also provides more options for parents so that their children can get the best possible education it also invests in teaching practices that have been demonstrated to work in short it aims to foster an environment in which every child can learn and succeed it is my pleasure to provide you with this desktop reference to the no child left behind act it offers a clear and straightforward program-by-program look at the major reforms made by the new law i hope you will find it useful as you implement the law a more complete view of the law and a more comprehensive look at the regulations and other guidance that applies to the law is available at www.nclb.gov i want to thank you for your efforts on behalf of our young people i wish you success in implementing no child left behind for you and your colleagues are the stewards of our children s future sincerely rod paige no child left behind a desktop reference 3
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contents introduction 9 title i improving the academic achievement of the disadvantaged improving basic programs operated by local educational agencies i-a reading first i-b-1 early reading first i-b-2 william f goodling even start family literacy program i-b-3 improving literacy through school libraries i-b-4 education of migratory children i-c prevention and intervention programs for children and youth who are neglected delinquent or at-risk i-d national assessment of title i title 1 evaluation and demonstrations i-e-1501-1503 close up fellowship i-e-1504 comprehensive school reform i-f advanced placement i-g school dropout prevention i-h general provisions i-i 13 23 27 31 35 37 41 45 47 49 51 53 55 title ii preparing training and recruiting high quality teachers and principals teacher and principal training and recruiting fund grants to states ii-a school leadership ii-a-5-2151b advanced certification/credentialing ii-a-5-2151c early childhood educator professional development ii-a-5-2151e mathematics and science partnerships ii-b troops-to-teachers ii-c-1-a transitions to teaching ii-c-1-b national writing project ii-c-2 civic education ii-c-3 teaching of traditional american history ii-c-4 teacher liability protection ii-c-5 enhancing education through technology ii-d-1&2 ready-to-learn television ii-d-3 57 61 63 65 69 73 75 77 79 81 83 85 89 title iii language instruction for limited english proficient and immigrant students language instruction for limited english proficient and immigrant students iii 91 no child left behind a desktop reference 5
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contents title iv 21st century schools safe and drug-free schools and communities iv-a gun-free requirements iv-a-3 21st century community learning centers iv-b environmental tobacco smoke iv-c 95 99 101 105 title v promoting informed parental choice and innovative programs innovative programs v-a public charter school v-b-1 credit enhancement initiatives to assist charter school facility acquisition construction and renovation v-b-2 voluntary public school choice v-b-3 magnet schools assistance v-c elementary and secondary school counseling v-d-2 partnerships in character education v-d-3 smaller learning communities v-d-4 reading is fundamental-inexpensive book distribution v-d-5 gifted and talented students v-d-6 star schools v-d-7 ready to teach v-d-8 foreign language assistance v-d-9 physical education v-d-10 community technology centers v-d-11 educational cultural apprenticeship and exchange programs for alaska natives native hawaiians and their historical whaling and trading partners in massachusetts v-d-12 arts in education v-d-15 parental assistance information centers v-d-16 women s educational equity v-d-21 107 109 111 113 115 117 119 121 123 125 127 129 131 133 135 137 139 141 143 title vi flexibility and accountability improving academic achievement accountability grants for state assessments and enhanced assessments vi-a-1 funding transferability for state and local educational agencies vi-a-2 state flexibility authority state-flex vi-a-3-a local flexibility demonstration local-flex vi-a-3-b rural education initiative small rural school achievement vi-b-1 rural education initiative rural and low-income schools vi-b-2 general provisions national assessment of education progress vi-c-411 145 147 149 153 157 159 161 6 no child left behind a desktop reference
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contents title vii indian native hawaiian and alaska native education indian education vii-a native hawaiian education vii-b alaska native education vii-c 163 167 171 title viii impact aid program impact aid viii 173 title ix general provisions general provisions ix unsafe school choice option ix-e-2-9532 175 177 title x repeals redesignations and amendments to other statutes mckinney-vento homeless education assistance improvements x part c 179 no child left behind a desktop reference 7
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no child left behind a desktop reference introduction the no child left behind act of 2001 is a landmark in education reform designed to improve student achievement and change the culture of america s schools this new law which president george w bush described as the cornerstone of my administration represents a sweeping overhaul of federal efforts to support elementary and secondary education in the united states these reforms express my deep belief in our public schools and their mission to build the mind and character of every child from every background in every part of america president bush said during his first week in office in january 2001 the act which passed with overwhelming bipartisan support embodies four key principles-stronger accountability for results greater flexibility for states school districts and schools in the use of federal funds more choices for parents of children from disadvantaged backgrounds and an emphasis on teaching methods that have been demonstrated to work the act also places an increased emphasis on reading especially for young children enhancing the quality of our nation s teachers and ensuring that all children in america s schools learn english in keeping with these principles and as this guide describes the no child left behind nclb act affects virtually every program authorized under the elementary and secondary education act esea ranging from title i and efforts to improve teacher quality to initiatives for limited english proficient lep students and safe and drug-free schools federal policy has had a significant impact on america s schools and children ever since esea was enacted in 1965 yet despite hundreds of programs and hundreds of billions of dollars invested during the last generation american students still lag behind many of their fellow foreign students and the academic achievement gap in this country between rich and poor white and minority students remains wide indeed president bush expressed concern that too many of our neediest children are being left behind since the nation at risk report was issued nearly 20 years ago there has been a vigorous national debate over how to improve our nation s schools and our children s achievement out of these years of debate a general consensus has emerged that schools and districts work best when they have greater control and flexibility when scientifically proven teaching methods are employed and when schools are held accountable for results these are the guiding ideas behind the nclb act for too long many of our schools did a good job educating some of our children u.s secretary of education rod paige said when president bush signed the act into law on january 8 2002 with this new law we ll make sure we re providing all of our children with access to a high-quality education accountability the nclb act is designed to help all students meet high academic standards by requiring that states create annual assessments that measure what children know and can do in reading and math in grades 3 through 8 these tests based on challenging state standards will allow parents educators administrators policymakers and the general public to track the performance of every school in the nation data will be disaggregated for students by poverty levels race ethnicities disabilities and limited english proficiencies to ensure that no child regardless of his or her background is left behind the federal government will no child left behind a desktop reference 9
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introduction provide assistance to help states design and administer these tests states also must report on school safety on a school-by-school basis annual school report cards will provide comparative information on the quality of schools by doing so they will empower parents to make more informed choices about their children s educations these report cards will show not only how well students are doing on meeting standards but also the progress that disaggregated groups are making in closing achievement gaps districts and schools that do not make sufficient yearly progress toward state proficiency goals for their students first will be targeted for assistance and then be subject to corrective action and ultimately restructuring schools that meet or exceed objectives will be eligible for academic achievement awards a small sample of students in each state also will participate in the fourth and eighth-grade national assessment of educational progress in reading and math every other year to help the u.s department of education track the results of statewide assessments required under title i all states must submit plans to the secretary of education that include evidence that they have content and achievement standards and aligned assessments school report card procedures and statewide systems for holding schools and districts accountable for the achievement of their students flexibility and local control another hallmark of the new law is that in exchange for greater accountability for results states and school districts will have unprecedented flexibility in how they can use federal education funds the intent is to put greater decision-making powers at the local and state levels where educators are most in touch with students needs the nlcb act makes it possible for most districts to transfer up to 50 percent of the federal formula grant funds they receive under the improving teacher quality state grants educational technology innovative programs and safe and drug-free schools programs to any one of these programs or to their title i program without separate approval one consequence will be to allow districts to use funds to address their particular needs such as hiring new teachers increasing teacher pay and improving teacher training and professional development similarly a result of the law s consolidation of bilingual education programs is to give states and districts greater control in planning programs to benefit all limited english proficient students the act also creates state and local flexibility demonstration programs that allow selected states and school districts to consolidate funds received under a variety of federal education programs so that they can be used for any educational purpose authorized under the elementary and secondary education act as amended by the nclb act in order to assist them in making adequate yearly progress and narrowing achievement gaps in addition the new improving teacher quality state grants program gives states and districts greater flexibility to choose the teacher professional development strategies that best meet their needs to help raise student achievement enhanced parental choice parents of children who are in low-performing schools are given a new range of options under the nclb act for one parents with children in schools that fail to meet state standards for at least two consecutive years may transfer their children to a better-performing public school including a public charter school within their district if they do so the district must provide transportation using title i funds if necessary students from low-income families in schools that fail to meet state standards for at least three years are eligible to receive 10 no child left behind a desktop reference
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introduction supplemental educational services-including tutoring after-school services and summer school in addition the nclb act provides increased support to parents educators and communities to create new charter schools the act also provides students the choice to attend a safe school within their district if they attend persistently dangerous schools or are the victim of a violent crime while in their school these options are closely linked to the accountability provisions that give parents information on which schools in their communities are succeeding and which are not in turn the choice and supplemental educational services requirements of the law not only help to enhance student achievement but also provide an incentive for lowperforming schools to improve schools that want to avoid losing students not to mention restructuring will have to do a better job focuses on what works the nclb act puts a special emphasis on determining what educational programs and practices have been clearly demonstrated to be effective through rigorous scientific research federal funding will be targeted to support these programs and teaching methods that improve student learning and achievement reading programs are a prime example the nclb act will support scientifically based reading instruction programs in the early grades under the new reading first program and in preschool under the new early reading first program funds will be available to help teachers strengthen old skills and gain new ones in effective reading instructional techniques funds will be directed to after-school and other programs that have been scientifically demonstrated to prevent drug use and violence among youths this reference guide outlines what is new under the no child left behind act of 2001 for each of the educational programs supported under the elementary and secondary act of 1965 and other statutes it also describes how the nlcb act s four guiding principles are brought to bear on many of these programs the intent is to provide a relatively substantive overview of policy changes and emphases for state and district officials it is not intended to provide either budgetary guidance or practical assistance for teachers or parents programs for which no funding was requested in fiscal years 2002 and 2003 are not included throughout this document school district or district is used interchangeably with local educational agency for a complete definition of local educational agency as used in the law please see section 910126 of the elementary and secondary education act as amended by the nclb act no child left behind a desktop reference 11
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title i improving the academic achievement of the disadvantaged title i part a improving basic programs operated by local educational agencies purpose title i part a is intended to help ensure that all children have the opportunity to obtain a high-quality education and reach proficiency on challenging state academic standards and assessments less than one-third 29 percent of all fourth-grade students performed at or above the proficient level on the national assessment of educational progress naep in reading in 2000 the percentage of students reaching proficiency was even lower for low-income students 13 percent african americans 10 percent hispanics 13 percent students with disabilities 8 percent and students with limited english proficiency 3 percent as the largest federal program supporting elementary and secondary education funded at $10.4 billion in fy 2002 title i targets these resources to the districts and schools where the needs are greatest schools with poverty rates of 50 percent or higher received 73 percent of title i funds in the 1997-98 school year and nearly all 96 percent of the highest-poverty schools those with 75 percent or more low-income students received title i funds title i provides flexible funding that may be used to provide additional instructional staff professional development extended-time programs and other strategies for raising student achievement in high-poverty schools the program focuses on promoting schoolwide reform in high-poverty schools and ensuring students access to scientifically based instructional strategies and challenging academic content title i provisions provide a mechanism for holding states school districts and schools accountable for improving the academic achievement of all students and turning around low-performing schools while providing alternatives to students in such schools to enable those students to receive a high-quality education what s new the no child left behind act focuses on what works requires that title i funds be used only for effective educational practices title i schoolwide and targeted assistance programs are required to use effective methods and instructional strategies that are grounded in scientifically based research school improvement plans professional development and technical assistance that districts provide to low-performing schools must be based on strategies that have a proven record of effectiveness requires states to develop plans with annual measurable objectives that will ensure that all teachers teaching in core academic subjects are highly qualified by the end of the 2005-06 school year no child left behind a desktop reference 13
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title i improving the academic achievement of the disadvantaged what s new the no child left behind act cont focuses on what works cont requires local school districts to ensure that all title i teachers in core academic subjects hired after the first day of the 2002-03 school year are highly qualified for new teachers this means being certified by the state including alternative routes to state certification holding at least a bachelor s degree and demonstrating subject area competency strengthens corrective action required after two years of school improvement to include actions more likely to bring about meaningful change at the school such as replacing school staff responsible for the continued failure to make adequate yearly progress implementing a new curriculum and reorganizing the school internally extended period of time including reopening the school as a charter school or turning over mandates the fundamental restructuring of any school that fails to improve over an school operations either to the state or to a private company with a demonstrated record of effectiveness strengthens paraprofessional requirements to include two years of postsecondary education or for an applicant with a high school diploma the demonstration of necessary skills on a formal state or local academic assessment all new hires must meet these requirements and existing paraprofessionals have four years to comply with them emphasizes that paraprofessionals may not provide instructional support services except under the direct supervision of a teacher reduces bureaucracy and increases flexibility expands eligibility for schoolwide programs the poverty threshold for schoolwide programs which enable schools to use title i funds to raise the achievement of at-risk students by improving the quality of instruction throughout the school has been lowered from 50 percent to 40 percent increases accountability for student performance requires annual assessments in grades 3-8 that include all students requires state and local report cards on student academic achievement requires states to implement a single statewide accountability system tightens provisions concerning adequate yearly progress by requiring states to specify annual measurable objectives to measure student progress to ensure that all groups of studentsdisaggregated by poverty race and ethnicity disability and limited english proficiency data-reach proficiency in reading and math within 12 years substantially increases funding for state and local support for school improvement from one-half percent of title i funds under the 1994 elementary and secondary education act reauthorization to 2 percent under the no child left behind act rising to 4 percent in 2004 also establishes a separate $500 million authorization for assistance for local school improvement grants 14 no child left behind a desktop reference
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title i improving the academic achievement of the disadvantaged what s new the no child left behind act cont empowers parents requires local school districts to offer public school choice to students in schools identified for improvement corrective action or restructuring so that no student is trapped in a failing school school districts must provide transportation for eligible students subject to the 20 percent rule described below requires school districts to permit low-income students attending chronically failing schools to obtain supplemental educational services from a public or private-sector provider that has been approved by the state faith-based organizations are eligible to apply for approval to provide supplemental educational services requires school districts to spend an amount equal to 20 percent of their part a funds for transportation of students who exercise a choice option or for supplemental educational services unless a lesser amount is needed to meet all requests these funds do not have to be taken from title i allocations but may be provided from other allowable federal state local or private sources notifies parents of school choice and supplemental educational services options requires districts to promptly notify parents of eligible students attending schools identified for improvement corrective action or restructuring of their option to transfer their child to a better public school or to obtain supplemental educational services establishes parents right to know provision requires local school districts to annually notify parents of their right to request information on the professional qualifications of their children s teachers how it works title i part a provides formula grants to school districts which then allocate most of these funds to individual title i schools based on their number of poor children schools may use title i funds for one of two approaches schoolwide programs high-poverty schools those with 40 percent or more students from low-income families are eligible to adopt schoolwide programs to raise the achievement of low-achieving students by improving instruction throughout the entire school thus using title i funds to serve all children targeted assistance programs schools that are not eligible for or do not choose to operate schoolwide programs must use title i funds to provide targeted services to low-achieving students title i funds may be used for a variety of services and activities most commonly for instruction in reading and mathematics the legislation encourages the use of strategies such as extended day before and afterschool programs extended year and summer programs to increase learning time although districts and schools may use title i funds to serve children from preschool age through high school most focus these funds on students in the early grades three-quarters 77 percent of title i participants are in preschool through grade 6 no child left behind a desktop reference 15
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