§ 6316. Academic assessment and local educational agency and school improvement
(a)
Local review
(1)
In general
Each local educational agency receiving funds under this part shall—
(A)
use the State academic assessments and other indicators described in the State plan to review annually the progress of each school served under this part to determine whether the school is making adequate yearly progress as defined in section
6311
(b)(2) of this title;
(B)
at the local educational agency’s discretion, use any academic assessments or any other academic indicators described in the local educational agency’s plan under section
6312
(b)(1)(A) and (B) of this title to review annually the progress of each school served under this part to determine whether the school is making adequate yearly progress as defined in section
6311
(b)(2) of this title, except that the local educational agency may not use such indicators (other than as provided for in section
6311
(b)(2)(I) of this title) if the indicators reduce the number or change the schools that would otherwise be subject to school improvement, corrective action, or restructuring under this section if such additional indicators were not used, but may identify additional schools for school improvement or in need of corrective action or restructuring;
(C)
publicize and disseminate the results of the local annual review described in paragraph (1) to parents, teachers, principals, schools, and the community so that the teachers, principals, other staff, and schools can continually refine, in an instructionally useful manner, the program of instruction to help all children served under this part meet the challenging State student academic achievement standards established under section
6311
(b)(1) of this title; and
(b)
School improvement
(1)
General requirements
(A)
Identification
Subject to subparagraph (C), a local educational agency shall identify for school improvement any elementary school or secondary school served under this part that fails, for 2 consecutive years, to make adequate yearly progress as defined in the State’s plan under section
6311
(b)(2) of this title.
(B)
Deadline
The identification described in subparagraph (A) shall take place before the beginning of the school year following such failure to make adequate yearly progress.
(C)
Application
Subparagraph (A) shall not apply to a school if almost every student in each group specified in section
6311
(b)(2)(C)(v) of this title enrolled in such school is meeting or exceeding the State’s proficient level of academic achievement.
(D)
Targeted assistance schools
To determine if an elementary school or a secondary school that is conducting a targeted assistance program under section
6315 of this title should be identified for school improvement, corrective action, or restructuring under this section, a local educational agency may choose to review the progress of only the students in the school who are served, or are eligible for services, under this part.
(E)
Public school choice
(i)
In general
In the case of a school identified for school improvement under this paragraph, the local educational agency shall, not later than the first day of the school year following such identification, provide all students enrolled in the school with the option to transfer to another public school served by the local educational agency, which may include a public charter school, that has not been identified for school improvement under this paragraph, unless such an option is prohibited by State law.
(ii)
Rule
In providing students the option to transfer to another public school, the local educational agency shall give priority to the lowest achieving children from low-income families, as determined by the local educational agency for purposes of allocating funds to schools under section
6313
(c)(1) of this title.
(F)
Transfer
Students who use the option to transfer under subparagraph (E) and paragraph (5)(A), (7)(C)(i), or (8)(A)(i) or subsection (c)(10)(C)(vii) of this section shall be enrolled in classes and other activities in the public school to which the students transfer in the same manner as all other children at the public school.
(2)
Opportunity to review and present evidence; time limit
(A)
Identification
Before identifying an elementary school or a secondary school for school improvement under paragraphs [1] (1) or (5)(A), for corrective action under paragraph (7), or for restructuring under paragraph (8), the local educational agency shall provide the school with an opportunity to review the school-level data, including academic assessment data, on which the proposed identification is based.
(B)
Evidence
If the principal of a school proposed for identification under paragraph (1), (5)(A), (7), or (8) believes, or a majority of the parents of the students enrolled in such school believe, that the proposed identification is in error for statistical or other substantive reasons, the principal may provide supporting evidence to the local educational agency, which shall consider that evidence before making a final determination.
(3)
School plan
(A)
Revised plan
After the resolution of a review under paragraph (2), each school identified under paragraph (1) for school improvement shall, not later than 3 months after being so identified, develop or revise a school plan, in consultation with parents, school staff, the local educational agency serving the school, and outside experts, for approval by such local educational agency. The school plan shall cover a 2-year period and—
(i)
incorporate strategies based on scientifically based research that will strengthen the core academic subjects in the school and address the specific academic issues that caused the school to be identified for school improvement, and may include a strategy for the implementation of a comprehensive school reform model that includes each of the components described in part F of this subchapter;
(ii)
adopt policies and practices concerning the school’s core academic subjects that have the greatest likelihood of ensuring that all groups of students specified in section
6311
(b)(2)(C)(v) of this title and enrolled in the school will meet the State’s proficient level of achievement on the State academic assessment described in section
6311
(b)(3) of this title not later than 12 years after the end of the 2001–2002 school year;
(iii)
provide an assurance that the school will spend not less than 10 percent of the funds made available to the school under section
6313 of this title for each fiscal year that the school is in school improvement status, for the purpose of providing to the school’s teachers and principal high-quality professional development that—
(I)
directly addresses the academic achievement problem that caused the school to be identified for school improvement;
(II)
meets the requirements for professional development activities under section
6319 of this title; and
(iv)
specify how the funds described in clause (iii) will be used to remove the school from school improvement status;
(v)
establish specific annual, measurable objectives for continuous and substantial progress by each group of students specified in section
6311
(b)(2)(C)(v) of this title and enrolled in the school that will ensure that all such groups of students will, in accordance with adequate yearly progress as defined in section
6311
(b)(2) of this title, meet the State’s proficient level of achievement on the State academic assessment described in section
6311
(b)(3) of this title not later than 12 years after the end of the 2001–2002 school year;
(vi)
describe how the school will provide written notice about the identification to parents of each student enrolled in such school, in a format and, to the extent practicable, in a language that the parents can understand;
(vii)
specify the responsibilities of the school, the local educational agency, and the State educational agency serving the school under the plan, including the technical assistance to be provided by the local educational agency under paragraph (4) and the local educational agency’s responsibilities under section
6321 of this title;
(B)
Conditional approval
The local educational agency may condition approval of a school plan under this paragraph on—
(C)
Plan implementation
Except as provided in subparagraph (D), a school shall implement the school plan (including a revised plan) expeditiously, but not later than the beginning of the next full school year following the identification under paragraph (1).
(D)
Plan approved during school year
Notwithstanding subparagraph (C), if a plan is not approved prior to the beginning of a school year, such plan shall be implemented immediately upon approval.
(4)
Technical assistance
(A)
In general
For each school identified for school improvement under paragraph (1), the local educational agency serving the school shall ensure the provision of technical assistance as the school develops and implements the school plan under paragraph (3) throughout the plan’s duration.
(B)
Specific assistance
Such technical assistance—
(i)
shall include assistance in analyzing data from the assessments required under section
6311
(b)(3) of this title, and other examples of student work, to identify and address problems in instruction, and problems if any, in implementing the parental involvement requirements described in section
6318 of this title, the professional development requirements described in section
6319 of this title, and the responsibilities of the school and local educational agency under the school plan, and to identify and address solutions to such problems;
(ii)
shall include assistance in identifying and implementing professional development, instructional strategies, and methods of instruction that are based on scientifically based research and that have proven effective in addressing the specific instructional issues that caused the school to be identified for school improvement;
(iii)
shall include assistance in analyzing and revising the school’s budget so that the school’s resources are more effectively allocated to the activities most likely to increase student academic achievement and to remove the school from school improvement status; and
(iv)
may be provided—
(I)
by the local educational agency, through mechanisms authorized under section
6317 of this title; or
(II)
by the State educational agency, an institution of higher education (that is in full compliance with all the reporting provisions of title II of the Higher Education Act of 1965 [20 U.S.C. 1021 et seq.]), a private not-for-profit organization or for-profit organization, an educational service agency, or another entity with experience in helping schools improve academic achievement.
(5)
Failure to make adequate yearly progress after identification
In the case of any school served under this part that fails to make adequate yearly progress, as set out in the State’s plan under section
6311
(b)(2) of this title, by the end of the first full school year after identification under paragraph (1), the local educational agency serving such school—
(A)
shall continue to provide all students enrolled in the school with the option to transfer to another public school served by the local educational agency in accordance with subparagraphs (E) and (F);
(6)
Notice to parents
A local educational agency shall promptly provide to a parent or parents (in an understandable and uniform format and, to the extent practicable, in a language the parents can understand) of each student enrolled in an elementary school or a secondary school identified for school improvement under paragraph (1), for corrective action under paragraph (7), or for restructuring under paragraph (8)—
(A)
an explanation of what the identification means, and how the school compares in terms of academic achievement to other elementary schools or secondary schools served by the local educational agency and the State educational agency involved;
(C)
an explanation of what the school identified for school improvement is doing to address the problem of low achievement;
(D)
an explanation of what the local educational agency or State educational agency is doing to help the school address the achievement problem;
(E)
an explanation of how the parents can become involved in addressing the academic issues that caused the school to be identified for school improvement; and
(F)
an explanation of the parents’ option to transfer their child to another public school under paragraphs (1)(E), (5)(A), (7)(C)(i), (8)(A)(i), and subsection (c)(10)(C)(vii) of this section (with transportation provided by the agency when required by paragraph (9)) or to obtain supplemental educational services for the child, in accordance with subsection (e) of this section.
(7)
Corrective action
(A)
In general
In this subsection, the term “corrective action” means action, consistent with State law, that—
(i)
substantially and directly responds to—
(ii)
is designed to increase substantially the likelihood that each group of students described in [2] 6311(b)(2)(C) of this title enrolled in the school identified for corrective action will meet or exceed the State’s proficient levels of achievement on the State academic assessments described in section
6311
(b)(3) of this title.
(B)
System
In order to help students served under this part meet challenging State student academic achievement standards, each local educational agency shall implement a system of corrective action in accordance with subparagraphs (C) through (E).
(C)
Role of local educational agency
In the case of any school served by a local educational agency under this part that fails to make adequate yearly progress, as defined by the State under section
6311
(b)(2) of this title, by the end of the second full school year after the identification under paragraph (1), the local educational agency shall—
(i)
continue to provide all students enrolled in the school with the option to transfer to another public school served by the local educational agency, in accordance with paragraph (1)(E) and (F);
(ii)
continue to provide technical assistance consistent with paragraph (4) while instituting any corrective action under clause (iv);
(iii)
continue to make supplemental educational services available, in accordance with subsection (e) of this section, to children who remain in the school; and
(iv)
identify the school for corrective action and take at least one of the following corrective actions:
(II)
Institute and fully implement a new curriculum, including providing appropriate professional development for all relevant staff, that is based on scientifically based research and offers substantial promise of improving educational achievement for low-achieving students and enabling the school to make adequate yearly progress.
(D)
Delay
Notwithstanding any other provision of this paragraph, the local educational agency may delay, for a period not to exceed 1 year, implementation of the requirements under paragraph (5), corrective action under this paragraph, or restructuring under paragraph (8) if the school makes adequate yearly progress for 1 year or if its failure to make adequate yearly progress is due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the local educational agency or school. No such period shall be taken into account in determining the number of consecutive years of failure to make adequate yearly progress.
(E)
Publication and dissemination
The local educational agency shall publish and disseminate information regarding any corrective action the local educational agency takes under this paragraph at a school—
(i)
to the public and to the parents of each student enrolled in the school subject to corrective action;
(8)
Restructuring
(A)
Failure to make adequate yearly progress
If, after 1 full school year of corrective action under paragraph (7), a school subject to such corrective action continues to fail to make adequate yearly progress, then the local educational agency shall—
(i)
continue to provide all students enrolled in the school with the option to transfer to another public school served by the local educational agency, in accordance with paragraph (1)(E) and (F);
(B)
Alternative governance
Not later than the beginning of the school year following the year in which the local educational agency implements subparagraph (A), the local educational agency shall implement one of the following alternative governance arrangements for the school consistent with State law:
(ii)
Replacing all or most of the school staff (which may include the principal) who are relevant to the failure to make adequate yearly progress.
(iii)
Entering into a contract with an entity, such as a private management company, with a demonstrated record of effectiveness, to operate the public school.
(iv)
Turning the operation of the school over to the State educational agency, if permitted under State law and agreed to by the State.
(v)
Any other major restructuring of the school’s governance arrangement that makes fundamental reforms, such as significant changes in the school’s staffing and governance, to improve student academic achievement in the school and that has substantial promise of enabling the school to make adequate yearly progress as defined in the State plan under section
6311
(b)(2) of this title. In the case of a rural local educational agency with a total of less than 600 students in average daily attendance at the schools that are served by the agency and all of whose schools have a School Locale Code of 7 or 8, as determined by the Secretary, the Secretary shall, at such agency’s request, provide technical assistance to such agency for the purpose of implementing this clause.
(9)
Transportation
In any case described in paragraph (1)(E) for schools described in paragraphs (1)(A), (5), (7)(C)(i), and (8)(A), and subsection (c)(10)(C)(vii) of this section, the local educational agency shall provide, or shall pay for the provision of, transportation for the student to the public school the student attends.
(10)
Funds for transportation and supplemental educational services
(A)
In general
Unless a lesser amount is needed to comply with paragraph (9) and to satisfy all requests for supplemental educational services under subsection (e) of this section, a local educational agency shall spend an amount equal to 20 percent of its allocation under subpart 2 of this part, from which the agency shall spend—
(i)
an amount equal to 5 percent of its allocation under subpart 2 of this part to provide, or pay for, transportation under paragraph (9);
(B)
Total amount
The total amount described in subparagraph (A)(ii) is the maximum amount the local educational agency shall be required to spend under this part on supplemental educational services described in subsection (e) of this section.
(C)
Insufficient funds
If the amount of funds described in subparagraph (A)(ii) or (iii) and available to provide services under this subsection is insufficient to provide supplemental educational services to each child whose parents request the services, the local educational agency shall give priority to providing the services to the lowest-achieving children.
(11)
Cooperative agreement
In any case described in paragraph (1)(E), (5)(A), (7)(C)(i), or (8)(A)(i), or subsection (c)(10)(C)(vii) of this section if all public schools served by the local educational agency to which a child may transfer are identified for school improvement, corrective action or restructuring, the agency shall, to the extent practicable, establish a cooperative agreement with other local educational agencies in the area for a transfer.
(12)
Duration
If any school identified for school improvement, corrective action, or restructuring makes adequate yearly progress for two consecutive school years, the local educational agency shall no longer subject the school to the requirements of school improvement, corrective action, or restructuring or identify the school for school improvement for the succeeding school year.
(13)
Special rule
A local educational agency shall permit a child who transferred to another school under this subsection to remain in that school until the child has completed the highest grade in that school. The obligation of the local educational agency to provide, or to provide for, transportation for the child ends at the end of a school year if the local educational agency determines that the school from which the child transferred is no longer identified for school improvement or subject to corrective action or restructuring.
(14)
State educational agency responsibilities
The State educational agency shall—
(A)
make technical assistance under section
6317 of this title available to schools identified for school improvement, corrective action, or restructuring under this subsection consistent with section
6317
(a)(2) of this title;
(B)
if the State educational agency determines that a local educational agency failed to carry out its responsibilities under this subsection, take such corrective actions as the State educational agency determines to be appropriate and in compliance with State law;
(C)
ensure that academic assessment results under this part are provided to schools before any identification of a school may take place under this subsection; and
(D)
for local educational agencies or schools identified for improvement under this subsection, notify the Secretary of major factors that were brought to the attention of the State educational agency under section
6311
(b)(9) of this title that have significantly affected student academic achievement.
(c)
State review and local educational agency improvement
(1)
In general
A State shall—
(A)
annually review the progress of each local educational agency receiving funds under this part to determine whether schools receiving assistance under this part are making adequate yearly progress as defined in section
6311
(b)(2) of this title toward meeting the State’s student academic achievement standards and to determine if each local educational agency is carrying out its responsibilities under this section and sections
6317,
6318, and
6319 of this title; and
(4)
Targeted assistance schools
When reviewing targeted assistance schools served by a local educational agency, a State educational agency may choose to review the progress of only the students in such schools who are served, or are eligible for services, under this part.
(5)
Opportunity to review and present evidence
(A)
Review
Before identifying a local educational agency for improvement under paragraph (3) or corrective action under paragraph (10), a State educational agency shall provide the local educational agency with an opportunity to review the data, including academic assessment data, on which the proposed identification is based.
(B)
Evidence
If the local educational agency believes that the proposed identification is in error for statistical or other substantive reasons, the agency may provide supporting evidence to the State educational agency, which shall consider the evidence before making a final determination not later than 30 days after the State educational agency provides the local educational agency with the opportunity to review such data under subparagraph (A).
(6)
Notification to parents
The State educational agency shall promptly provide to the parents (in a format and, to the extent practicable, in a language the parents can understand) of each student enrolled in a school served by a local educational agency identified for improvement, the results of the review under paragraph (1) and, if the agency is identified for improvement, the reasons for that identification and how parents can participate in upgrading the quality of the local educational agency.
(7)
Local educational agency revisions
(A)
Plan
Each local educational agency identified under paragraph (3) shall, not later than 3 months after being so identified, develop or revise a local educational agency plan, in consultation with parents, school staff, and others. Such plan shall—
(i)
incorporate scientifically based research strategies that strengthen the core academic program in schools served by the local educational agency;
(ii)
identify actions that have the greatest likelihood of improving the achievement of participating children in meeting the State’s student academic achievement standards;
(iii)
address the professional development needs of the instructional staff serving the agency by committing to spend not less than 10 percent of the funds received by the local educational agency under subpart 2 of this part for each fiscal year in which the agency is identified for improvement for professional development (including funds reserved for professional development under subsection (b)(3)(A)(iii) of this section), but excluding funds reserved for professional development under section
6319 of this title;
(iv)
include specific measurable achievement goals and targets for each of the groups of students identified in the disaggregated data pursuant to section
6311
(b)(2)(C)(v) of this title, consistent with adequate yearly progress as defined under section
6311
(b)(2) of this title;
(v)
address the fundamental teaching and learning needs in the schools of that agency, and the specific academic problems of low-achieving students, including a determination of why the local educational agency’s prior plan failed to bring about increased student academic achievement;
(vi)
incorporate, as appropriate, activities before school, after school, during the summer, and during an extension of the school year;
(vii)
specify the responsibilities of the State educational agency and the local educational agency under the plan, including specifying the technical assistance to be provided by the State educational agency under paragraph (9) and the local educational agency’s responsibilities under section
6321 of this title; and
(9)
3 State educational agency responsibility
(A)
Technical or other assistance
For each local educational agency identified under paragraph (3), the State educational agency shall provide technical or other assistance if requested, as authorized under section
6317 of this title, to better enable the local educational agency to—
(B)
Methods and strategies
Technical assistance provided under this section by the State educational agency or an entity authorized by such agency shall be supported by effective methods and instructional strategies based on scientifically based research. Such technical assistance shall address problems, if any, in implementing the parental involvement activities described in section
6318 of this title and the professional development activities described in section
6319 of this title.
(10)
Corrective action
In order to help students served under this part meet challenging State student academic achievement standards, each State shall implement a system of corrective action in accordance with the following:
(A)
Definition
As used in this paragraph, the term “corrective action” means action, consistent with State law, that—
(B)
General requirements
After providing technical assistance under paragraph (9) and subject to subparagraph (E), the State—
(i)
may take corrective action at any time with respect to a local educational agency that has been identified under paragraph (3);
(C)
Certain corrective actions required
In the case of a local educational agency identified for corrective action, the State educational agency shall take at least one of the following corrective actions:
(ii)
Instituting and fully implementing a new curriculum that is based on State and local academic content and achievement standards, including providing appropriate professional development based on scientifically based research for all relevant staff, that offers substantial promise of improving educational achievement for low-achieving students.
(iii)
Replacing the local educational agency personnel who are relevant to the failure to make adequate yearly progress.
(iv)
Removing particular schools from the jurisdiction of the local educational agency and establishing alternative arrangements for public governance and supervision of such schools.
(v)
Appointing, through the State educational agency, a receiver or trustee to administer the affairs of the local educational agency in place of the superintendent and school board.
(vii)
Authorizing students to transfer from a school operated by the local educational agency to a higher-performing public school operated by another local educational agency in accordance with subsections (b)(1)(E) and (F) of this section, and providing to such students transportation (or the costs of transportation) to such schools consistent with subsection (b)(9) of this section, in conjunction with carrying out not less than one additional action described under this subparagraph.
(D)
Hearing
Prior to implementing any corrective action under this paragraph, the State educational agency shall provide notice and a hearing to the affected local educational agency, if State law provides for such notice and hearing. The hearing shall take place not later than 45 days following the decision to implement corrective action.
(E)
Notice to parents
The State educational agency shall publish, and disseminate to parents and the public, information on any corrective action the State educational agency takes under this paragraph through such means as the Internet, the media, and public agencies.
(F)
Delay
Notwithstanding subparagraph (B)(ii), a State educational agency may delay, for a period not to exceed 1 year, implementation of corrective action under this paragraph if the local educational agency makes adequate yearly progress for 1 year or its failure to make adequate yearly progress is due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the local educational agency. No such period shall be taken into account in determining the number of consecutive years of failure to make adequate yearly progress.