Educational accountability and State flexibility

Part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) is amended by inserting after section 1116 the following:

1116A.

Educational accountability and State flexibility

(a)

Establishment of new State flexibility in accountability requirements

Beginning one year after the date of enactment of the Educational Accountability and State Flexibility Act, each State educational agency and local educational agency shall determine the performance of, and consequences for, the public schools served under this part based on this section instead of identification under paragraphs (1), (7), and (8) of section 1116(b). (b)

Evaluation

(1)

In general

Each State educational agency shall, for each year, conduct an audit and evaluate a school's performance for a school year to determine the degree of need for improvement and assign each school to a tier described in subsection (c). (2)

Considerations

In determining the proper tier for a school, the State educational agency shall consider, at a minimum— (A)each school's performance and progress toward making adequate yearly progress; (B)student academic performance, as measured by the State academic assessment and other indicators described in the State and local plan; and (C)student growth. (c)

Accountability tiers

Each State shall develop an accountability system to evaluate schools that consists of a series of tiers, each of which may be described by a letter grade, and shall assign rational and appropriate consequences to each tier. The system shall include, at a minimum, the following tiers and consequences for each tier: (1)

Making adequate yearly progress

(A)

Description

This tier shall include each school in the State that is making adequate yearly progress for all categories described in section 1111(b)(2)(C)(v). (B)

Consequence

The State educational agency shall provide a school in this tier with recognition and shall ensure that the school shares the school's best practices with other schools. (2)

Nearly making adequate yearly progress and making growth

(A)

Description

This tier shall include each school in the State that— (i)has not made adequate yearly progress, due to not more than 2 of the categories of students described in section 1111(b)(2)(C)(v)(II) or due to not achieving the required graduation rate by a small margin; and (ii)demonstrates that the school is making growth with respect to such categories or graduation rate, as applicable, such as by satisfying or substantially satisfying the safe harbor provisions of section 1111(b)(2)(I). (B)

Consequences

The State educational agency shall— (i)provide each school in this tier with recognition for the school's successes and growth; (ii)require that, by not later than the first day of the school year following such identification, the local educational agency shall provide supplemental educational services to students in such categories attending the school who are in any of grades 3 through 12 and who did not meet or exceed the proficient level on the most recent State assessment in mathematics or in reading or language arts, in accordance with section 1116(e); and (iii)ensure that each school creates, and submits for approval by the State educational agency, a research-based improvement plan for the students in such categories attending the school who are in any of grades 3 through 12 and who did not meet or exceed the proficient level on the most recent State assessment in mathematics or in reading or language arts, or for improving the graduation rate, as applicable, and implements the approved plan. (3)

Not making adequate yearly progress for a significant number of categories

(A)

Description

This tier shall include each school in the State that— (i)has not made adequate yearly progress for a significant number of categories or has not achieved the required graduation rate; and (ii)is not showing enough growth in the academic indicators to provide reasonable confidence that the students are on track to be proficient by the time the students graduate secondary school or that the graduation rate will improve within a reasonable number of years to the required level. (B)

Consequences

(i)

Recognition

The State educational agency shall ensure that each school in this tier receives recognition for what the school is doing well. (ii)

Improvement plan

The local educational agency serving each school in this tier shall audit the policies and practices of the school, as described in subsection (d), and, based on the results, shall create, and submit to the State educational agency for approval, a research-based improvement plan for the students in such categories attending the school who are in any of grades 3 through 12 and who did not meet or exceed the proficient level on the most recent State assessment in mathematics or in reading or language arts, for improving the graduation rate in the school, or for the school as a whole, as appropriate, and implement the approved plan. A plan described in this clause shall include valid, reliable, evidence-based interventions and may be developed with the assistance of a nonprofit organization with demonstrated effectiveness in school improvement research or implementation. (iii)

Supplemental educational services

The State educational agency shall require that the local educational agency provide supplemental educational services to students in such categories attending the school who are in any of grades 3 through 12 and who did not meet or exceed the proficient level on the most recent State assessment in mathematics or in reading or language arts, in accordance with section 1116(e). (iv)

Technical assistance

The State educational agency shall provide technical assistance, to the degree necessary as indicated by audit results under subsection (b), and may require the local educational agency to implement in the school specific and appropriate requirements, in accordance with subsection (d). (4)

Not making adequate yearly progress for multiple years

(A)

Description

This tier shall include each school in the State that— (i)has not made adequate yearly progress for a number of years due to— (I)not meeting the adequate yearly progress targets for a number of categories described in section 1111(b)(2)(C)(v)(II); or (II)having a very low graduation rate for a number of years; and (ii)is not showing improvement. (B)

Consequences

(i)

Audit and implementation of turnaround model or school improvement strategies

The State shall conduct an in-depth audit of the school and shall require the local educational agency to implement— (I)an alternative model of governance under section 1116(b)(8)(B); or (II)school improvement strategies based on a system of support model described in subsection (d). (ii)

Consultation

A State educational agency shall make the decision regarding the appropriate models or strategies to be used in accordance with clause (i), but shall first consult with the local educational agency serving such school, educators, Indian tribes or tribal organizations, and community members before making a final determination. (iii)

No Federal influence

The Secretary shall not prioritize, incentivize, or require the use of, any particular method of school turnaround or school improvement strategy. (iv)

Supplemental educational services

The State educational agency shall require that the local educational agency provide supplemental educational services to students attending the school who are enrolled in any of grades 3 through 12 and who did not meet or exceed the proficient level on the most recent State assessment in mathematics or in reading or language arts, in accordance with section 1116(e). (v)

Public school choice

(I)

In general

Not later than the first day of the school year following a school's classification in this tier, the local educational agency serving the school shall provide students in grades 3 through 12 who are enrolled in the school and who did not meet or exceed the proficient level on the most recent State assessment in mathematics or in reading or language arts with the option to transfer to another public school served by the local educational agency in accordance with subclause (II), 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. The local educational agency shall provide, or shall pay for the provision of, transportation for the student to the public school the student attends. (II)

Transfer

Students who use the option to transfer under this clause 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. (III)

Special rules

Notwithstanding the requirements of this clause, a local educational agency shall not be required to provide students with the option to transfer to a school under this subparagraph if doing so would expose students to unsafe or unreasonable transportation routes or means or if there is no higher-performing school within the school district that has the space or capacity to serve them. (vi)

Withholding of State or Federal funds

A State shall have full authority to mandate any necessary changes to a school in order to improve and to withhold Federal or State funding. (5)

State determinations

Any decisions about the number of categories of students or the number of years that are required for a particular tier shall be made by the State educational agency and not by the Secretary. (d)

System of support model

A system of support model described in this subsection provides aligned resources, information, tools, professional development, and technical assistance to assist local educational agencies and schools to improve within the following domains: (1)Curriculum (review and development, alignment with performance standards, and implementation in classrooms). (2)Assessment (formative and summative data collection and review, alignment with curriculum and performance standards, use of data to guide instruction). (3)Instruction (applying multiple effective strategies, targeted additional services, alignment with performance standards). (4)Supportive learning environment (effective classroom management, maximizing instructional time, discipline or behavior plans, attendance, parent and community involvement, extended learning). (5)Professional development (job-embedded, results-oriented, data-driven mentoring). (6)Leadership, including— (A)developing and implementing effective improvement strategies; (B)curriculum aligned to performance standards; (C)parental and community engagement; (D)using data to oversee student progress; (E)teacher supervision, support, and evaluation, and collaboration; and (F)the school’s mission, vision, and goals. (e)

State plan

A State shall include a description of the State's multi-tiered system in the State plan under section 1111(a), and shall provide to the Secretary such information as the Secretary may reasonably require relating to the system and the performance of the State's schools in the system in the State's report under section 1111(h)(2). The Secretary shall have no authority to approve or disapprove the system under such plan. (f)

Funds for transportation and supplemental educational services

(1)

In general

A local educational agency shall reserve from its allocation under subpart 2 to provide transportation as required under subsection (c)(4)(E) and to satisfy all requests for supplemental educational services under section 1116(e), subject to paragraph (2). (2)

Unused funds

Beginning 30 days after the first day of a school year, a local educational agency may spend the amount reserved under paragraph (1) for other purposes, if the local educational agency certifies to the State educational agency that all families of students eligible for transportation under subsection (c)(4)(E), or supplemental educational services under section 1116(e), have been notified of the opportunity and have been provided with a reasonable period of time to change schools or enroll in supplemental educational services, as appropriate. (g)

Transition provisions

(1)

Inapplicability of certain provisions of section 1116(b)

Beginning on and after the date of enactment of the Educational Accountability and State Flexibility Act, a State or local educational agency shall not be required to identify a school under paragraph (1), (7), or (8) of section 1116(b). Any reference in any other section of this Act to an identification under any such paragraph shall be deemed to refer to the appropriate tier of the State's multi-tiered system described in subsection (c). (2)

Regulations

The Secretary shall issue regulations to provide for the orderly transition from the relevant provisions of section 1116 to the requirements of this section.