CALIFORNIA STATE BOARD OF EDUCATION MICHAEL W. KIRST, President N Street Sacramento, CA

Transcription

1 Page 1 f 9 CALIFORNIA DEPARTMENT OF EDUCATION TOM TORLAKSON, State Superintendent f Public Instructin CALIFORNIA STATE BOARD OF EDUCATION MICHAEL W. KIRST, President N Street Sacrament, CA DRAFT Office f Elementary and Secndary Educatin U.S. Department f Educatin 400 Maryland Avenue, SW Washingtn, DC Dear Acting Assistant Secretary Yudin: Subject: Request fr Waiver f Prvisins f Sectins 1116(b) and (c) f the Elementary and Secndary Educatin Act, Pursuant t Sectin 9401 f the Elementary and Secndary Educatin Act As President f the State Bard f Educatin and State Superintendent f Public Instructin, and n behalf f all Califrnia districts, we are requesting a waiver f certain prvisins f the Elementary and Secndary Educatin Act. Like Secretary f Educatin Duncan, we recgnize that the N Child Left Behind Act, with its escalating prficiency targets and assciated sanctins, is n lnger useful fr identifying which schls need imprvement r fr intervening apprpriately in thse schls. The apprpriate slutin is t reauthrize the Act, replace its inflexible requirements with prvisins that accmmdate the differences in state plicy appraches, and give districts adequate flexibility t imprve student achievement. In the meantime, we seek mre immediate relief thrugh this waiver request. The members f the State Bard f Educatin and the State Superintendent f Public Instructin have given careful cnsideratin t the waiver package ffered by Secretary Duncan and appreciate that yu, Mr. Yudin, visited ur state and discussed its prvisins with us. As we cnveyed t yu at the January State Bard f Educatin meeting, Califrnia state law requires that the state reimburse lcal educatinal agencies fr the cst f any state-mandated activities. Given Califrnia s severe, nging fiscal challenges, it is impssible fr the state r its districts t implement the requirements f the Secretary s waiver package effectively and within the required timeline, and we are nt willing t make prmises that we are unable t carry ut. We ask that yu cnsider instead ur waiver request cntained in this letter, which has three main bjectives: 1) Ending the ineffective practice f ver-identifying schls and districts fr prgram imprvement. Unrealistic and ever-increasing perfrmance targets have frced us t label 63 percent f Title I schls and 47 percent f districts receiving Title I funds as needing imprvement, and t apply sanctins that d nt necessarily lead t imprved learning fr the students in thse schls. This practice has cnfused the

2 Page 2 f 9 Page 2 public, demralized teachers, and tied up funds that culd have been mre precisely targeted n the schls and districts that are mst in need f imprvement. 2) Giving districts greater spending flexibility t increase student achievement. We request a waiver f the requirements that schls in imprvement set aside funds fr Title I prfessinal develpment, Supplemental Educatinal Services, and chice-related transprtatin activities. Instead, these funds shuld be available fr the activities that will be mst effective fr imprving teaching and learning in the lcal cntext, which culd include, fr example, targeted tutring prvided by the districts and schls, teacher caching t imprve instructin, r systems fr identifying specific student achievement prblems and develping targeted instructinal interventins. 3) Transitining t a single, transparent accuntability system. After mre than a decade f living under tw cnflicting accuntability systems, Califrnia s districts, schls, and public want t return t a single system that wrks. Befre President Gerge W. Bush signed the N Child Left Behind Act int law, Califrnia had implemented a rbust accuntability system that encuraged schl imprvement and sent a single, cnsistent message t the public abut hw well schls were ding t imprve the achievement f students. The state statutes that established that system are still in place and represent a mre effective apprach. Nw that the shrtcmings f the federal system are mre widely understd, we want t return ur fcus t ur state system that has a prven track recrd f measuring grwth and identifying where it is lacking. T achieve these ends, the State Bard f Educatin as the State Educatinal Agency is specifically seeking a waiver t exempt lcal educatinal agencies in Califrnia frm Title I, Part A sectins 1116(b) and (c) with the exceptin f subsectins 1116(b)(13) and 1116(c)(4). We are requesting this waiver fr the and academic years. In accrdance with the waiver authrity established in federal law (Sectin 9401 f the Elementary and Secndary Educatin Act), we utline in this letter Califrnia s specific, measurable educatinal gals, we describe hw the state will measure prgress tward these gals, and we explain the state s plan fr assisting schls and districts in meeting thse gals. Please nte that in this request, we nly describe current and planned initiatives t the extent that they address these requirements and fit within the plicy parameters established by the Elementary and Secndary Educatin Act. We can prvide additinal infrmatin abut ther aspects f ur educatin system that are f interest t the Secretary, but d nt cnsider such infrmatin pertinent t this specific request. Califrnia s Current Accuntability System Califrnia s Public Schls Accuntability Act f 1999 established the state s schl accuntability prgram. Specifically, it:

3 Page 3 f 9 Page 3 Created the Academic Perfrmance Index, a cmpsite, test-based scre ranging frm 200 t 1,000 that reflects verall schl perfrmance and measures imprvement in schl perfrmance frm ne year t the next; Established a statewide perfrmance target f 800 n the Academic Perfrmance Index and a system fr setting annual schl-level targets that encurage steady imprvement tward that statewide gal; Required schls t demnstrate imprvement fr all numerically significant student grups including racial and ethnic student grups, sciecnmically disadvantaged pupils, English learners, and students with disabilities; Defined a system f interventin in underperfrming schls, including standards, criteria, and qualificatins fr external evaluatrs t assist lw-perfrming schls; and Established eligibility criteria fr an awards prgram fr schls meeting r exceeding state grwth targets. Investments in Interventin Since establishing the state accuntability system, Califrnia has invested heavily in interventins fr schls that failed t make significant grwth as measured by the Academic Perfrmance Index. Between and , the state prvided funding and technical assistance t 1,288 schls under the Immediate Interventin Underperfrming Schls Prgram at a cst f $668.6 millin. Of these, 1,140 schls ultimately met their grwth targets and exited the prgram. Als during that time, 802 schls participated in the High Pririty Schls Grant Prgram at a cst f $749.3 millin. Of thse schls, 309 that failed t make significant grwth were assigned t wrk with an interventin team. While this prgram was helpful t many participating schls, prgram evaluatins suggested that lnger term district-level appraches culd be mre effective, leading the state t shift its fcus accrdingly. Frm , Califrnia allcated $177 millin t districts in prgram imprvement, fr district-level assistance and interventin teams, and ther activities. The first three years f evaluatin data suggest that the district assistance and interventin mdel is effective fr increasing student achievement. In additin, the state established the Quality Educatin Investment Act in This $3 billin state initiative assists schls that were perfrming in the lwest tw deciles f the Academic Perfrmance Index at the prgram s inceptin. This infusin f resurces has helped these schls reduce class size, increase student access t schl cunselrs, prvide prfessinal develpment, increase the number f highly qualified teachers, and imprve facilities, amng ther activities. (Nte that in 2008, Califrnia s severe budget crisis led the state t cllapse several categrical prgrams, including the Immediate Interventin Underperfrming Schls Prgram and the High Pririty Schls Grant Prgram described abve. Funding fr the Quality Educatin Investment Act remains intact.)

4 Page 4 f 9 Page 4 Outcmes t Date In the past 13 years, Califrnia s accuntability system has led t increased student achievement verall and strng prgress n clsing the achievement gap. Since the full implementatin f the Califrnia Standards Tests in 2003, academic achievement fr all students in bth English-language arts and mathematics has been steadily increasing. In English-language arts, the percent f students scring prficient r advanced increased frm 35 percent in 2003 t 54 percent in 2011, marking a substantial increase in the number f students wh are prepared t succeed in cllege r career. Califrnia s mst vulnerable students als shwed majr imprvement: the percent f students scring at the lwer level f achievement decreased by 13 percentage pints ver that same perid, frm 32 percent in 2003 t 19 percent in Califrnia students have als made impressive gains in mathematics: the percent f students scring prficient r advanced increased frm 35 percent in 2003 t 50 percent in Acrss that same time perid, the percent f students scring at the lwer level f achievement decreased by 11 percentage pints frm 38 percent in 2003 t 27 percent in These substantial gains in test scres are reflected in the state accuntability system. In 2003, fr example, an elementary schl in the lwest 10 percent had an Academic Perfrmance Index scre between 564 and 609 pints. In 2011, an elementary schl in the lwest 10 percent had an Academic Perfrmance Index scre between 700 and 714 pints. T summarize, while the federal system has subsumed increasing numbers f schls and districts under the banner f failure fr the last decade, Califrnia s system has cnsistently differentiated between schls that are imprving and thse that are nt. Lking Ahead: Plans fr Change With this state-defined request, we are seeking t return t a single system f schl accuntability that is bth understandable and rigrus. We intend t keep the Academic Perfrmance Index at the cre f ur state accuntability system, while making imprvements. This waiver request will prvide much-needed flexibility and relief frm the adverse effects f the N Child Left Behind Act, while increasing ur fcus n the schls mst in need f imprved student learning. We plan t strengthen Califrnia s system f accuntability and interventins as fllws: Califrnia will transitin t a single system f perfrmance gals that uses the annual Academic Perfrmance Index schlwide and student grup targets as the state s Annual Measureable Objectives. The state will cntinue t identify schls and districts needing imprvement, but will use its wn accuntability system t identify them. The State Bard f Educatin will initiate cnfrming changes as needed t Califrnia s Accuntability Wrkbk and submit these t the U.S. Department f Educatin fr review. (Califrnia s current Annual Measurable Objectives, as required by Sectin 9401

5 Page 5 f 9 Page 5 (b)(1)(c), are dcumented in the state s apprved Accuntability Wrkbk, available n the CDE Accuntability Wrkbk Web page at The State Bard f Educatin will cnsider by January 2013 revisins t the statewide Academic Perfrmance Index target r revisins t the methd fr calculating annual schlwide and student grup targets. While the Academic Perfrmance Index was designed t encurage grwth at all perfrmance levels, we believe we need t carefully examine the effects f the target structure, particularly fr schls that have lng met the statewide target, t encurage cntinued fcus n students wh are nt prficient. We will seek input frm the Public Schls Accuntability Act Advisry Cmmittee and Califrnia s educatin cmmunity at large t help make this determinatin. If the State Bard f Educatin adpts new targets, thse will becme Califrnia s Annual Measureable Objectives in the fllwing schl year. By March 2013, the State Bard f Educatin, with input frm the Public Schls Accuntability Act Advisry Cmmittee, will determine hw it will use the Academic Perfrmance Index t identify a targeted number f schls and districts that have nt shwn imprvement ver time r have lw abslute perfrmance. This prcess will replace the prcess f identifying schls and districts fr Prgram Imprvement under the N Child Left Behind Act. The State Bard f Educatin will identify a mre targeted set f schls and districts fr interventin, specifically thse lw-perfrming schls and districts that have nt imprved. The State Bard f Educatin will develp clear criteria t identify the targeted set f schls and districts that have nt imprved and require interventin, but will nt require that a specific percentage be identified each year, r set ther requirements that lead t schls and districts buncing in and ut f this status. The State Bard f Educatin will als develp clear criteria t identify when schls and districts have imprved sufficiently t regain full flexibility and autnmy frm state interventins. The State Bard f Educatin will cnsider mving t a multi-year ( rlling ) accuntability measure r ther techniques t smth ut fluctuatins in scres, prevent schls frm buncing in and ut f imprvement status frm year t year, and fcus attentin n the schls with the mst intractable prblems. By July 2013, the State Bard f Educatin, with input frm the Title I Cmmittee f Practitiners, will identify what sanctins will be impsed n schls and districts that have been identified as nt imprving, based n the severity and persistence f underachievement prblems. Thse sanctins, currently authrized under state law, include: (a) replacing district persnnel; (b) remving schls frm the jurisdictin f the district and establishing alternative gvernance and supervisin arrangements; (c) appinting a state receiver r trustee t administer the affairs f the district in place f the lcal gverning bard; (d) ablishing r restructuring the district; (e) authrizing students t transfer t higher perfrming schls in ther districts and prviding

6 Page 6 f 9 Page 6 transprtatin; (f) instituting a new curriculum based n state cntent standards; and (g) deferring prgrammatic funds r reducing administrative funds. In recent years Califrnia has exercised its takever ptin, appinting state trustees in three persistently lwperfrming districts. (Tw f these districts have imprved and regained autnmy frm the state; the trustee is still in place in the third.) The state will fcus its mnitring effrts at the district level, bth because f capacity cnstraints, and t ensure district supprt fr schl imprvement. Specific imprvement activities will be selected based n the needs f the schl and district, as determined by lcal data analysis and the qualitative judgments f individuals wh are familiar with the schl and district. Required imprvement activities will largely fcus n instructin, including activities that prmte teacher cllabratin and instructinal caching. Instructinal imprvement activities will emphasize a brad curriculum. Numerus Califrnia schls districts have been implementing research-based interventins which are imprving student achievement and will be cnsidered fr incrpratin in a statewide interventin mdel. The State Bard f Educatin will bring mre qualitative judgment t the prcess f identifying apprpriate interventins and sanctins, using as guidance existing state standards and criteria fr assessing district perfrmance in seven key areas: gvernance; alignment f curriculum, instructin, and assessments t state standards; fiscal peratins; parent and cmmunity invlvement; human resurces; data systems and achievement mnitring; and prfessinal develpment. The State Bard f Educatin may use lcal review panels t identify prblems and assigned required activities. If ur waiver is granted, these activities can be paid fr, in part, with federal funds that are currently set aside fr Supplemental Educatinal Services, Title I prfessinal develpment, and chice-related transprtatin. Under the current system, lcal educatinal agencies and schls are bligated t direct Title I imprvement resurces t activities that frequently d nt align with their lcal needs. Anther pssible surce f funds is the apprximately $35 millin annual allcatin fr lcal educatinal agencies that are newly identified as needing imprvement under the N Child Left Behind Act ($50,000, $100,000, r $150,000 per lcal educatinal agency, depending n the severity f the perfrmance prblem). Because f escalating perfrmance targets, these funds are ging currently t districts with mderate perfrmance prblems and culd be better targeted. This may require a change in state statute t re-purpse the funds.

7 Page 7 f 9 Page 7 T supprt imprved teaching and learning, districts will revise annual district and schl plans t dcument hw schls and lcal educatinal agencies are using their frmerly reserved Title I, Part A funds t meet the needs f Title I eligible students. These plans will be upladed t the state s web-based system, allwing the Califrnia Department f Educatin t mnitr the plans and prvide timely technical assistance t districts as they redirect funds and human resurces t better supprt student learning. In Cnclusin Califrnia is mving frward with a plan t increase student learning, building n the strng fundatin we already have. We understand the bvius and imprtant link between quality teaching and learning. The State has adpted the Cmmn Cre State Standards and is n curse t implement them n the timeline established in state statute, in line with what the state budget allws. As yu knw, Califrnia is als a gverning state in the Smarter Balanced Assessment Cnsrtium and anticipates a transitin t new nline assessments in In anticipatin f this, the State Superintendent f Public Instructin and the State Bard f Educatin will recmmend actin by the State t reauthrize and streamline the State s assessment system and ensure a smth transitin t the new tests. At the directin f Gvernr Brwn, the State Bard f Educatin will cncurrently review ur state accuntability system and cnsider hw t keep the Academic Perfrmance Index intact as a strng quantitative measure f schl perfrmance, while giving additinal emphasis t lcal judgments f quality and ther, mre qualitative accuntability mechanisms, such as the Schl Accuntability Reprt Cards that all schls must prduce annually. Our gals nw are the same as they were when we first established the state accuntability system in 1999 t maintain challenging yet achievable gals, and t assist underperfrming schls in ways that imprve student learning. Califrnia has been a leader and innvatr in numerus fields, and we plan t return t that rle in educatin accuntability. Just as Califrnia led the way in develping emissins standards that were ultimately adpted acrss the natin, we nw want t lead the natin in educatin accuntability and student learning as well. As we apprach reauthrizatin f the Elementary and Secndary Educatin Act, we believe that ur state system f accuntability prvides a strng mdel fr natinal cnsideratin. In the absence f reauthrizatin f the Elementary and Secndary Educatin Act, we request this waiver t prvide districts with the flexibility they need t use Title I resurces effectively and imprve the academic achievement f their students. As we have described in this letter, we are cmmitted t uphlding schl accuntability in ur state and excellence in ur schls. Using ur established state system f accuntability and the tugh sanctins authrized in existing state law, we will reduble ur effrts t hld districts and schls accuntable fr imprving student learning. We have develped this waiver request by wrking cllabratively with lcal educatinal agencies and stakehlders, and we will implement the plan with cntinued cllabratin.

8 Page 8 f 9 Page 8 Prir t submitting this waiver request, Califrnia will prvide all lcal educatinal agencies in the state with ntice and a reasnable pprtunity t cmment n this request. The specific ntice psting n the Califrnia Department f Educatin Public Ntices Web page lcated at is prvided in Enclsure 1. Cpies f all cmments that Califrnia received frm lcal educatinal agencies in respnse t this ntice are attached. Califrnia has prvided ntice and infrmatin regarding this waiver request t the public in the manner in which Califrnia custmarily prvides such ntice and infrmatin t the public. If yu have questins regarding this request, please cntact Debrah V.H. Sigman, Deputy Superintendent, District, Schl, and Innvatin Branch, by phne at r by at dsigman@cde.ca.gv. Sincerely, Tm Trlaksn State Superintendent f Public Instructin Califrnia Department f Educatin Michael W. Kirst President Califrnia State Bard f Educatin TT/MK:lw Enclsure

9 Page 9 f 9 Enclsure Page 1 f 1 CALIFORNIA DEPARTMENT OF EDUCATION TOM TORLAKSON, State Superintendent f Public Instructin CALIFORNIA STATE BOARD OF EDUCATION MICHAEL W. KIRST, President N Street Sacrament, CA DRAFTMay 10, 2012 NOTICE OF REQUEST TO WAIVE SECTION 1116(b) AND (c) OF THE ELEMENTARY AND SECONDARY EDUCATION ACT Request fr cmment n Califrnia requesting the U.S. Department f Educatin t waive subsectin 1116(b) and (c) f the Elementary and Secndary Educatin Act (ESEA) fr the and academic years. Ntice is hereby given that Califrnia will request the U.S. Department f Educatin (ED) t waive the ESEA subsectin 1116(b) and (c) with the exceptins f 1116(b)(13); and 1116(c)(4). ESEA subsectin 1116(b) and (c) mandate identificatin f imprvement fr schls and lcal educatinal agencies (LEAs) that d nt meet the Adequate Yearly Prgress (AYP) criteria fr tw cnsecutive years and require specific sanctins f the identified schls and LEAs while they are identified fr imprvement, crrective actins, r restructuring. The specific sanctins include Title I prfessinal develpment, schl-chice transprtatin, and supplemental educatinal services. Subsectin 1116(b)(13) permits a child wh transferred t anther schl under this subsectin t remain in that schl until the children has cmpleted the highest grade in that schl; subsectin 1116(c)(4) allws the state t chse t review the prgress f nly Title I served students in a targeted assistance schl. The purpse f this public ntice is t ntify yu f the pprtunity t submit written cmment n the request t the ED t waive bth the mandate fr identificatin f imprvement and the subsequent required sanctins including Title I prfessinal develpment, schl-chice transprtatin, and supplemental educatinal services. All cmments regarding the request fr waiver must be submitted t Jeff Breshears, Administratr I, Title I Plicy and Prgram Guidance Office, by at TitleI@cde.ca.gv by nn n Thursday, May 24, The waiver request can be reviewed n the SBE Public Ntices Web page at