[Federal Register Volume 68, Number 35 (Friday, February 21, 2003)]
[Notices]
[Pages 8495-8506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4075]


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DEPARTMENT OF EDUCATION


West Virginia Department of Education; Written Findings and 
Compliance Agreement

AGENCY: Office of Elementary and Secondary Education, Department of 
Education.

ACTION: Notice of written findings and compliance agreement.

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SUMMARY: Section 457 of the General Education Provisions Act (GEPA) 
authorizes the U.S. Department of Education to enter into a compliance 
agreement with a recipient that is failing to comply substantially with 
Federal program requirements. In order to enter into a compliance 
agreement, the Department must determine, in written findings, that the 
recipient cannot comply until a future date with the applicable program 
requirements and that a compliance agreement is a viable means of 
bringing about such compliance. On March 29, 2002, the Assistant 
Secretary for Elementary and Secondary Education (Assistant Secretary) 
entered into a compliance agreement with the West Virginia Department 
of Education (WVDE). Under section 457(b)(2) of GEPA, the written 
findings and compliance agreement must be published in the Federal 
Register.

FOR FURTHER INFORMATION CONTACT: Dr. Grace A. Ross, U.S. Department of 
Education, Office of Elementary and Secondary Education, 400 Maryland 
Avenue, SW., room 3W118, Washington, DC 20202. Telephone: (202) 260-
0967.
    If you use a telecommunications device for the deaf (TDD), you may 
call the Federal Information Relay Service (FIRS) at 1-800-877-8339.
    Individuals with disabilities may obtain this document in an 
alternative format (e.g., Braille, large print, audiotape, or computer 
diskette) on request to the contact person listed under FOR FURTHER 
INFORMATION CONTACT.

SUPPLEMENTARY INFORMATION: Under Title I, Part A of the Elementary and 
Secondary Education Act of 1965 (Title I), each State, including the 
District of Columbia and Puerto Rico, was required to develop or adopt, 
by the 1997-98 school year, challenging content standards in at least 
reading/language arts and mathematics that describe what the State 
expects all students to know and be able to do. Each State also was 
required to develop or adopt performance standards, aligned with its 
content standards that describe three levels of proficiency to 
determine how well students are mastering the content standards. 
Finally, by the 2000-2001 school year, each State was required to 
develop or adopt a set of student assessments in at least reading/
language arts and mathematics that would be used to determine the 
yearly performance of schools in enabling students to meet the State's 
performance standards.
    WVDE submitted, and the Department approved, evidence that it has 
content standards in at least reading/language arts and mathematics. In 
August 2000, WVDE submitted evidence of its final assessment system and 
performance standards. The Department submitted that evidence to a 
panel of three assessment experts for peer review. Following that 
review, the Assistant Secretary for Elementary and Secondary Education 
concluded that WVDE's proposed final assessment system and performance 
standards did not meet a number of the Title I requirements.
    Section 454 of GEPA, 20 U.S.C. 1234c, sets out the remedies 
available to the Department when it determines that a recipient ``is 
failing to comply substantially with any requirement of law'' 
applicable to Federal program funds the Department administers. 
Specifically, the Department is authorized to--
    (1) Withhold funds;
    (2) Obtain compliance through a cease and desist order;
    (3) Enter into a compliance agreement with the recipient; or
    (4) Take any other action authorized by law. 20 U.S.C. 1234c(a)(1) 
through (a)(4).
    In a letter dated November 8, 2000 to Dr. David Stewart, 
Superintendent of Schools for the West Virginia Department of 
Education, the Assistant Secretary notified WVDE that, in order to 
remain eligible to receive Title I funds, it must enter into a 
compliance agreement with the Department. The purpose of a compliance 
agreement is ``to bring the recipient into full compliance with the 
applicable requirements of law as soon as feasible and not to excuse or 
remedy past violations of such requirements.'' 20 U.S.C. 1234f(a). In 
order to enter into a compliance agreement with a recipient, the 
Department must determine, in written findings, that the recipient 
cannot comply until a future date with the applicable program 
requirements, and that a compliance agreement is a viable means for 
bringing about such compliance.
    On March 29, 2002, the Assistant Secretary issued written findings, 
holding that compliance by WVDE with the Title I standards and 
assessment requirements is genuinely not feasible until a future date. 
Having submitted its assessment system for peer review in August 2000, 
WVDE was not able to make the significant changes to its system that 
the Department's review required in time to meet the spring 2001 
statutory deadline to have approved assessments in place. As a result, 
WVDE administered its unapproved assessment system in 2001. The 
Assistant Secretary also determined that a compliance agreement 
represents a viable means of bringing about compliance because of the 
steps WVDE has already taken to comply, its commitment of resources, 
and the plan it has developed for further action. The agreement sets 
out the action plan that WVDE must meet to come into compliance with 
the Title I

[[Page 8496]]

requirements. This plan, coupled with specific reporting requirements, 
will allow the Assistant Secretary to monitor closely WVDE's progress 
in meeting the terms of the compliance agreement. The Superintendent of 
WVDE, Dr. David Stewart, signed the agreement on March 22, 2002 and the 
Assistant Secretary signed it on March 29, 2002.
    As required by section 457(b)(2) of GEPA, 20 U.S.C. 1234f(b)(2), 
the text of the Assistant Secretary's written findings is set forth as 
appendix A and the compliance agreement is set forth as appendix B of 
this notice.

Electronic Access to This Document

    You may view this document, as well as all other Department of 
Education documents published in the Federal Register, in Text or Adobe 
Portable Document Format (PDF), on the Internet at the following site: 
http://www.ed.gov/legislation/FedRegister.
    To use PDF, you must have Adobe Acrobat Reader, which is available 
free at this site. If you have questions about using PDF, call the U.S. 
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the Washington, DC area at (202) 512-1530.

    Note: The official version of this document is the document 
published in the Federal Register. Free Internet access to the 
official edition of the Federal Register is available on GPO access 
at: http://www.access.gpo.gov/nara/index.html.

(Authority: 20 U.S.C. 1234c, 1234f, 6311)

    Dated: February 13, 2003.
Eugene W. Hickock,
Under Secretary of Education.

Appendix A--Text of the Written Findings of the Assistant Secretary for 
Elementary and Secondary Education

I. Introduction

    The Assistant Secretary for Elementary and Secondary Education 
(Assistant Secretary) of the U.S. Department of Education 
(Department) has determined, pursuant to 20 U.S.C. 1234c and 1234f, 
that the West Virginia Department of Education (WVDE) has failed to 
comply substantially with certain requirements of Title I, Part A of 
the Elementary and Secondary Education Act of 1965 (Title I), 20 
U.S.C. 6301 et seq., and that it is not feasible for WVDE to achieve 
full compliance immediately. Specifically, the Assistant Secretary 
has determined that WVDE failed to meet a number of the Title I 
requirements concerning the development of performance standards and 
an aligned assessment system within the statutory timeframe.
    For the following reasons, the Assistant Secretary has concluded 
that it would be appropriate to enter into a compliance agreement 
with WVDE to bring it into full compliance as soon as feasible. 
During the effective period of the compliance agreement, which ends 
three years from the date of these findings, WVDE will be eligible 
to receive Title I funds as long as it complies with the terms and 
conditions of the agreement as well as the provisions of Title I, 
Part A and other applicable Federal statutory and regulatory 
requirements.

II. Relevant Statutory and Regulatory Provisions

A. Title I, Part A of the Elementary and Secondary Education Act of 
1965

    Title I, Part A of the Elementary and Secondary Education Act of 
1965 (Title I), 20 U.S.C. 6301 et seq., provides financial 
assistance, through State educational agencies, to local educational 
agencies to provide services in high-poverty schools to students who 
are failing or at risk of failing to meet the State's student 
performance standards. Under Title I, each State, including the 
District of Columbia and Puerto Rico, was required to develop or 
adopt, by the 1997-98 school year, challenging content standards in 
at least reading/language arts and mathematics that describe what 
the State expects all students to know and be able to do and 
performance standards, aligned with those content standards, that 
describe three levels of proficiency to determine how well students 
are mastering the content standards.
    By the 2000-2001 school year, Title I required each State to 
develop or adopt a set of student assessments in at least reading/
language arts and mathematics that would be used to determine the 
yearly performance of schools and school districts in enabling 
students to meet the State's performance standards. These 
assessments must meet the following requirements:
    [sbull] The assessments must be aligned to a State's content and 
performance standards.
    [sbull] They must be administered annually to students in at 
least one grade in each of three grade ranges: grades 3 through 5, 
grades 6 through 9, and grades 10 through 12.
    [sbull] They must be valid and reliable for the purpose for 
which they are used and of high technical quality.
    [sbull] They must involve multiple measures, including measures 
that assess higher-order thinking skills.
    [sbull] They must provide for the inclusion of all students in 
the grades assessed, including students with disabilities and 
limited English proficient students.
    [sbull] They must provide individual reports.
    [sbull] Results from the assessments must be disaggregated and 
reported by major racial and ethnic groups and other categories.
    20 U.S.C. 6311(b)(3).\1\[1]
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    \1\ On January 8, 2002, Title I of the Elementary and Secondary 
Education Act was reauthorized by the No Child Left Behind Act of 
2001 (NCLB) (Pub. L. 107-110). The NCLB made several significant 
changes to the Title I standards and assessment requirements. First, 
it requires that each State develop academic content and student 
achievement standards in science by the 2005-06 school year. Second, 
by the 2005-06 school year, it requires a system of aligned 
assessments in each of grades 3 through 8 and once during grades 10 
through 12. Third, it requires science assessments in at least three 
grade spans by the 2007-08 school year. Fourth, the NCLB 
significantly changes the definition of adequate yearly progress 
each State must establish to hold schools and school districts 
accountable, based on data from the 2001-02 test administration. 
Finally, by the 2002-03 school year, the NCLB requires State and 
school district report cards that include, among other things, 
assessment results disaggregated by various subgroups, two-year 
trend data, and percent of students tested.
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B. The General Education Provisions Act

    The General Education Provisions Act (GEPA) provides a number of 
options when the Assistant Secretary determines a recipient of 
Department funds is ``failing to comply substantially with any 
requirement of law applicable to such funds.'' 20 U.S.C. 1234c. In 
such case, the Assistant Secretary is authorized to--
    (1) Withhold funds;
    (2) Obtain compliance through a cease and desist order;
    (3) Enter into a compliance agreement with the recipient; or
    (4) Take any other action authorized by law. 20 U.S.C. 
1234c(a)(1) through (a)(4).
    Under section 457 of GEPA, the Assistant Secretary may enter 
into a compliance agreement with a recipient that is failing to 
comply substantially with specific program requirements. 20 U.S.C. 
1234f. The purpose of a compliance agreement is ``to bring the 
recipient into full compliance with the applicable requirements of 
the law as soon as feasible and not to excuse or remedy past 
violations of such requirements.'' 20 U.S.C. 1234f(a). Before 
entering into a compliance agreement with a recipient, the Assistant 
Secretary must hold a hearing at which the recipient, affected 
students and parents or their representatives, and other interested 
parties are invited to participate. At that hearing, the recipient 
has the burden of persuading the Assistant Secretary that full 
compliance with the applicable requirements of law is not feasible 
until a future date and that a compliance agreement is a viable 
means for bringing about such compliance. 20 U.S.C. 1234f(b)(1). If, 
on the basis of all the available evidence, the Assistant Secretary 
determines that compliance until a future date is genuinely not 
feasible and that a compliance agreement is a viable means for 
bringing about such compliance, the Assistant Secretary must make 
written findings to that effect and publish those findings, together 
with the substance of any compliance agreement, in the Federal 
Register. 20 U.S.C. 1234f(b)(2).
    A compliance agreement must set forth an expiration date, not 
later than three years from the date of these written findings, by 
which time the recipient must be in full compliance with all program 
requirements. 20 U.S.C. 1234f(c)(1). In addition, a compliance 
agreement must contain the terms and conditions with which the 
recipient must comply during the period that agreement is in effect. 
20 U.S.C. 1234f(c)(2). If the recipient fails to comply with any of 
the terms and conditions of the compliance agreement, the Assistant 
Secretary may consider the agreement no longer in effect and may 
take any of the compliance actions described previously. 20 U.S.C. 
1234f(d).

[[Page 8497]]

III. Analysis

A. Overview of Issues To Be Resolved in Determining Whether a 
Compliance Agreement Is Appropriate

    In deciding whether a compliance agreement between the Assistant 
Secretary and WVDE is appropriate, the Assistant Secretary must 
first determine whether compliance by WVDE with the Title I 
standards and assessment requirements is genuinely not feasible 
until a future date. 20 U.S.C. 1234f(b). The second issue that the 
Assistant Secretary must resolve is whether WVDE will be able, 
within a period of up to three years, to come into compliance with 
the Title I requirements. Not only must WVDE come into full 
compliance by the end of the effective period of the compliance 
agreement, it must also make steady and measurable progress toward 
that objective while the compliance agreement is in effect. If such 
an outcome is not possible, then a compliance agreement between the 
Assistant Secretary and WVDE would not be appropriate.

B. WVDE Has Failed To Comply Substantially With Title I Standards 
and Assessment Requirements

    In August 2000, WVDE submitted evidence of its final assessment 
system. The Assistant Secretary submitted that evidence to a panel 
of three assessment experts for peer review. Following that review, 
the Assistant Secretary for Elementary and Secondary Education 
concluded that WVDE's proposed final assessment system did not meet 
a number of the Title I requirements. Specifically, the Assistant 
Secretary determined that WVDE must do the following:
    [sbull] Develop or select an academic assessment system that 
represents the full range of the WVDE's academic content standards 
and academic achievement standards in at least reading/language arts 
and mathematics and is consistent with the Title I requirements for 
use of multiple measures of student achievement, including measures 
that assess higher-order thinking and understanding. Document the 
alignment of the assessment system with WVDE's academic content and 
student achievement standards.
    [sbull] Provide evidence that the State assessment will be used 
for purposes for which such assessments are valid and reliable, and 
be consistent with relevant, nationally recognized professional and 
technical standards for such assessments.
    [sbull] Provide evidence of performance standards aligned to 
content standards.
    [sbull] Clarify how reasonable accommodations are provided to 
students with disabilities and limited English proficient students 
that allow for their scores to be included in the accountability 
system.
    [sbull] Clarify how data for students who take the alternate 
assessment and students administered assessments with non-standard 
accommodations will be incorporated into the accountability system.
    [sbull] Provide complete participation data for students with 
disabilities and limited English proficient students so that the 
State's inclusion policies relating to assessment, reporting, and 
accountability can be evaluated.
    [sbull] Provide individual reports of student achievement 
relative to the State performance standards.
    [sbull] Provide school, district, and State level reports using 
disaggregated data by all the required categories.
    [sbull] Provide evidence that LEAs are completing and 
disseminating school and district profiles that include 
statistically sound disaggregated results.
    [sbull] Clarify how the State defines ``full academic year'' for 
including students in determining adequate yearly progress.

C. WVDE Cannot Correct Immediately Its Noncompliance With the Title 
I Standards and Assessment Requirements

    Under the Title I statute, WVDE was required to implement its 
final assessment system no later than the 2000-2001 school year. 20 
U.S.C. 6311(b)(6). WVDE submitted evidence of its assessment system 
in August 2000, but the Assistant Secretary determined, on the basis 
of that evidence, that WVDE's system did not fully meet the Title I 
requirements. Due to the enormity and complexity of developing a new 
assessment system that addressed the Assistant Secretary's concerns, 
WVDE was not able to complete that task between the time it 
submitted its system for review and the spring 2001 assessment 
window. Thus, in spring 2001, WVDE administered the assessment that 
the Assistant Secretary had determined did not meet the Title I 
requirements. As a result, the Assistant Secretary finds that it is 
not genuinely feasible for WVDE to come into compliance until a 
future date.

D. WVDE Can Meet the Terms and Conditions of a Compliance Agreement 
and Come Into Full Compliance With the Requirements of Title I 
Within Three Years

    At the public hearing, WVDE presented evidence of its commitment 
and capability to come into compliance with the Title I standards 
and assessment requirements within three years. For example, the 
following have been developed in the last 18 months: content 
standards and objectives for core courses grades K-12; performance 
standards, three levels performance descriptors for those three 
levels performance for core courses K-12; a comprehensive, 
completely revised plan for a statewide assessment system that meets 
both the old law and the provisions of the reauthorization.
    Finally, WVDE has developed a comprehensive action plan, 
incorporated into the compliance agreement, that sets out a very 
specific schedule that WVDE has agreed to meet during the next three 
years for attaining compliance with the Title I standards and 
assessment requirements. As a result, WVDE is committed not only to 
coming into full compliance within three years, but to meeting a 
stringent, but reasonable, schedule for doing so. The action plan 
also demonstrates that WVDE will be well on its way to meeting the 
new standards and assessment requirements of the No Child Left 
Behind Act of 2001. The compliance agreement also sets out 
documentation and reporting procedures that WVDE must follow. These 
provisions will allow the Assistant Secretary to ascertain promptly 
whether WVDE is meeting each of its commitments under the compliance 
agreement and is on schedule to achieve full compliance within the 
effective period of the agreement.
    The task of developing an assessment system that meets the Title 
I requirements is not a quick or easy one. However, the Assistant 
Secretary has determined that, given the commitment of WVDE to 
comply with the terms and conditions of the compliance agreement, it 
is possible for WVDE to come into full compliance with the Title I 
standards and assessment requirements within three years.

IV. Conclusion

    For the foregoing reasons, the Assistant Secretary finds the 
following: (1) That full compliance by WVDE with the standards and 
assessment requirements of Title I is not feasible until a future 
date; and (2) that WVDE can meet the terms and conditions of the 
attached compliance agreement and come into full compliance with the 
Title I standards and assessment requirements within three years of 
the date of these findings. Therefore, the Assistant Secretary has 
determined that it is appropriate to enter into a compliance 
agreement with WVDE. Under the terms of 20 U.S.C. 1234f, that 
compliance agreement becomes effective on the date of these 
findings.

    Dated: March 29, 2002.
Susan B. Neuman,
Assistant Secretary, Office of Elementary and Secondary Education.

Appendix B--Text of the Compliance Agreement

Compliance Agreement Under Title I of the Elementary and Secondary 
Education Act Between the United States Department of Education and the 
West Virginia Department of Education

Introduction

    Title I of the Elementary and Secondary Education Act of 1965 
(Title I) required each State, including the District of Columbia 
and Puerto Rico, to develop or adopt, by the 1997-98 school year, 
challenging content standards in at least reading/language arts and 
mathematics that describe what the State expects all students to 
know and be able to do. Title I also required each State to develop 
or adopt performance standards, aligned with those content 
standards, that describe three levels of proficiency to determine 
how well students are mastering the content standards. By the 2000-
2001 school year, Title I required each State to develop or adopt a 
set of student assessments in at least reading/language arts and 
mathematics that would be used to determine the yearly performance 
of schools and school districts in enabling students to meet the 
State's performance standards.
    The West Virginia Department of Education (WVDE) was not able to 
meet these requirements by the statutory deadlines. In order to be 
eligible to continue to receive

[[Page 8498]]

Title I funds while working to comply with the statutory 
requirements, Dr. David Stewart, Superintendent of WVDE, indicated 
WVDE's interest in entering into a compliance agreement with the 
Office of Elementary and Secondary Education (OESE) of the United 
States Department of Education. On February 4, 2002 OESE conducted a 
public hearing regarding WVDE's ability to come into compliance with 
the Title I standards and assessment requirements within three 
years. Based on testimony at that hearing, Mr. William Luff, Deputy 
State Superintendent, testified that compliance by WVDE with the 
Title I standards and assessment requirements was not possible by 
this school year. According to the Deputy State Superintendent, when 
the current State Superintendent was advised, ``by the U.S. office, 
in late spring, that our assumptions about use of the existing 
assessments were incorrect, he immediately directed the department 
staff to come into full compliance with the law as quickly as 
possible.''
    Pursuant to this Compliance Agreement under 20 U.S.C. 1234f, 
WVDE must be in full compliance with the requirements of Title I no 
later than three years from the date of the Assistant Secretary's 
written findings, a copy of which is attached to, and incorporated 
by reference into, this Agreement. Specifically, WVDE must meet, and 
document that it has met, the following requirements:
    1. Develop or select an academic assessment system that 
represents the full range of the WVDE's academic content standards 
and academic achievement standards in at least reading/language arts 
and mathematics and is consistent with the Title I requirements for 
use of multiple measures of student achievement, including measures 
that assess higher-order thinking and understanding. Document the 
alignment of the assessment system with WVDE's academic content and 
student achievement standards.
    2. Provide evidence that the State assessment shall be used for 
purposes for which such assessments are valid and reliable, and be 
consistent with relevant, nationally recognized professional and 
technical standards for such assessments.
    3. Provide evidence of performance standards aligned to content 
standards.
    4. Clarify how reasonable accommodations are provided to 
students with disabilities and limited English proficient students 
that allow for their scores to be included in the accountability 
system.
    5. Clarify how data for students who take the alternate 
assessment and students administered assessments with non-standard 
accommodations will be incorporated into the accountability system.
    6. Provide complete participation data for students with 
disabilities and LEP students so that the State's inclusion policies 
relating to assessment, reporting, and accountability can be 
evaluated.
    7. Provide individual reports of student achievement relative to 
the state performance standards.
    8. Provide school, district, and State level reports using 
disaggregated data by all the required categories.
    9. Provide evidence that LEAs are completing and disseminating 
school and district profiles that include statistically sound 
disaggregated results.
    10. Clarify how the State defines ``full academic year'' for 
including students in determining adequate yearly progress.
    During the period that this Compliance Agreement is in effect, 
WVDE is eligible to receive Title I, Part A funds if it complies 
with the terms and conditions of this Agreement, as well as the 
provisions of Title I, Part A and other applicable Federal statutory 
and regulatory requirements. Specifically, the Compliance Agreement 
sets forth the action steps WVDE must meet to come into compliance 
with the Title I standards and assessment requirements (See 
attached). WVDE must submit documentation concerning its compliance 
with these action steps.
    The action steps, hereby incorporated into this Compliance 
Agreement by reference may be amended by joint agreement of the 
parties, provided full compliance can still be accomplished by the 
expiration date of the Agreement.
    In addition to all of the terms and conditions set forth above, 
WVDE agrees that its continued eligibility to receive Title I, Part 
A funds is predicated upon compliance with statutory and regulatory 
requirements of that program that have not been addressed by this 
Agreement, including the requirements of the No Child Left Behind 
Act of 2001.
    If WVDE fails to comply with any of the terms and conditions of 
this Compliance Agreement, including the action steps attached 
hereto the USED may consider the Agreement no longer in effect and 
may take any action authorized by law, including the withholding of 
funds or the issuance of a cease and desist order following notice 
and opportunity to be heard in accordance with 20 U.S.C. Sec.  
1234d. 20 U.S.C. Sec.  1234f(d).

    For the West Virginia Department of Education:

    Dated: March 22, 2002.
Dr. David Stewart,
State Superintendent of Schools.
    For the United States Department of Education:

    Dated: March 22, 2002.
Susan B. Neuman,
Assistant Secretary, Office of Elementary and Secondary Education.

    Date this Compliance Agreement becomes effective: April 5, 2002.

[[Page 8499]]



                                                    Title I Compliance Agreement--Work Plan/Time Line
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                   Component or measurable outcome   Public Law 103-382      Documentation      Office responsible          Date
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   A Content Standards
--------------------------------------------------------------------------------------------------------------------------------------------------------
A1...............................  Revise West Virginia's content   Sec. 1111(b)(1)(c)..  Office of            Instructional        April 30, 2002.
                                    standards in math and reading                          Instructional        Services.
                                    K-12. *Draft content standards                         Services Work Plan.
                                    in science.
A2...............................  Draft content standards sent to  Sec. 1111(b)(1)(A)..  Policy 2520........  Instructional        April 30, 2002.
                                    U.S. Department of Education.                                               Services.
A3...............................  Document involvement of a broad  Sec. 1111(a)(1).....  Committee Lists,     Instructional        April 30, 2002.
                                    base of education stakeholders                         Comment Process,     Services.
                                    in the development of content                          Sample Comments.
                                    standards ensuring diversity
                                    in the composition of the
                                    group, especially in the areas
                                    of special education and
                                    limited English proficient
                                    expertise.
A4...............................  Document that the content        Sec. 1111(b)(1)(D)-   Teacher Comments,    Instructional        April 30, 2002.
                                    standards are challenging for    (i)(iii).             Description of       Services.
                                    all students by providing                              Process.
                                    conclusions from an
                                    independent review panel or
                                    organization.
A5...............................  Document that all students are   Sec. 1111(b)(1)(C)..  Policy 2520, Policy  Instructional        April 30, 2002.
                                    held to high standards.                                2340, Policy 2510.   Services.
A6...............................  Document that the State has      Sec. 1111(b)(1)(A)..  Board Minutes,       Instructional        April 30, 2002.
                                    formally approved the content                          Policy 2520.         Services.
                                    standards. *Including Science.
A7...............................  Send documentation to the U.S.   Sec. 1111(d)(1)(F)..                                            April 30, 2002.
                                    Department of Education for
                                    formal peer review of content
                                    standards.
----------------------------------
                                                                B Peformance Descriptors
--------------------------------------------------------------------------------------------------------------------------------------------------------
B1...............................  Document a process for           Sec. 1111(b)(1)(C)..  Descriptor           Instructional        April 30, 2002.
                                    determining the foundation for                         development          Services.
                                    developing performance                                 agenda, Power
                                    standards, including what                              Point
                                    processes will be involved in                          presentations by
                                    writing the descriptors.                               consultants, and
                                                                                           descriptor
                                                                                           development
                                                                                           routine.
B2...............................  Draft performance levels and     Sec. 1111(b)(1)(A)..  See Section A3,      Instructional        April 30, 2002.
                                    performance descriptors for                            Above.               Services.
                                    reading 3-10, and math 3-8 and
                                    10.
B3...............................  Document involvement of a broad  Sec. 1111(a)(1).....  See Section A3,      Instructional        April 30, 2002.
                                    base of education stakeholders                         Above.               Services.
                                    in the development of
                                    performance descriptors
                                    ensuring diversity in the
                                    composition of the group,
                                    especially in the areas of
                                    special education and limited
                                    English proficient expertise.
B4...............................  Draft performance descriptors    Sec. 1111(b)(1)(A)..  Policy 2520........  Instructional        April 30, 2002.
                                    sent to U.S. Department of                                                  Services.
                                    Education.
B5...............................  Document how performance         Sec.                  Policy 2520,         Instructional        April 30, 2002.
                                    descriptors are aligned with     1111(b)(1)(D)(ii)(I   Description of       Services.
                                    the content standards.           ).                    Process.
B6...............................  Document that the performance    Sec.                  Policy 2520; See     Instructional        April 30, 2002.
                                    descriptors are challenging      1111(b)(1)(D)(i)(II   Section A3, Above;   Services.
                                    for all students.                ).                    Description of
                                                                                           Process.
B7...............................  Document that all students are   Sec. 1111(b)(1)(c)..  Policy 2510, Policy  Instructional        April 30, 2002.
                                    held to the same high                                  2520.                Services.
                                    performance descriptors.
B8...............................  Document that the State has      Sec. 1111(b)(1)(A)..  Policy 2520, Board   Instructional        April 30, 2002.
                                    formally approved the draft                            Minutes.             Services.
                                    performance descriptors.

[[Page 8500]]

 
B9...............................  Send documentation to the U.S.   Sec. 1111(d)(1)(F)..  All of above.......  Instructional        April 30, 2002.
                                    Department of Education for                                                 Services.
                                    formal peer review of draft
                                    performance descriptors.
B10..............................  Administer assessments           Sec. 1111(b)(3).....  Test Blueprints,     Assessment and       June 30, 2004.
                                    developed based on content                             RFP, Copies of       Student Services.
                                    standards and draft                                    Reports.
                                    performance descriptors.
B11..............................  Review draft performance         Sec. 1111(b)(3)(D)..  Agenda, Committee    Instructional        September 30, 2004.
                                    descriptors based on                                   Lists.               Services.
                                    assessment results.
B12..............................  Set cut scores to determine      Sec. 1111(b)(3)(D)..  Formulas for         Assessment and       September 30, 2004.
                                    performance level of standards                         determining          Student Services.
                                    based assessment in reading,                           standard setting
                                    language arts and math in                              procedure, agenda
                                    grades 3-8, 10 by the                                  of meetings
                                    bookmarking procedure.                                 Technical Manual.
                                   --standard setting meetings;...
                                   --psychometric research;.......
                                   --technical studies;...........
                                   --scaling and equating;........
                                   --programming costs............
B13..............................  Document involvement of a broad  Sec. 1111(b)(3)(F)    Committee Lists,     Assessment and       September 30, 2004.
                                    base of education stakeholders   (ii).                 Agenda, Cut Score    Student Services.
                                    in the setting of cut scores                           Recommendations.
                                    ensuring diversity in the
                                    composition of the group,
                                    especially in the areas of
                                    special education and limited
                                    English proficient expertise.
B14..............................  Document that cut scores for     Sec. 1111(b)(3)(E)..  State profile of     Assessment and       September 30, 2004.
                                    performance levels are                                 results of           Student Services.
                                    challenging for all students;.                         standards based
                                   --Three performance levels.....                         tests by
                                   --Use bookmarking process......                         performance
                                                                                           levels, schedule
                                                                                           of meetings and
                                                                                           events.
B15..............................  Document that all students are   Sec. 1111(b)(3)(A)..  Summary of           Technology and       September 30, 2004.
                                    included in the cut scores.                            participation.       Information
                                                                                                                Systems.
B16..............................  Document that the cut scores     Sec. 1111(b)(3)(B)..  Final Alignment      Assessment and       September 30, 2004.
                                    are aligned with the draft                             Study Report.        Student Services.
                                    performance descriptors and
                                    the content standards.
B17..............................  Document that the State has      Sec. 1111(b)(3).....  Board Minutes......  Assessment and       December 31, 2004.
                                    formally approved the                                                       Student Services.
                                    performance cut scores.
B18..............................  Send documentation to the U.S.   Sec. 1111(d)(1)(F)..  ...................  Assessment and       December 31, 2004.
                                    Department of Education for                                                 Student Services.
                                    formal peer review of
                                    performance cut scores.
C1...............................  *Develop an RFP to secure        ....................  RFP, Committee       Assessment and       June 30, 2002.
                                    services for test development,                         Member Lists.        Student Services.
                                    administration, scoring and
                                    reporting for grades 3-8, 10.
C2...............................  Send RFP to U.S. Department of   ....................  RFP, Committee       Assessment and       June 30, 2002.
                                    Education.                                             Member Lists.        Student Services.
C3...............................  Negotiate and sign a contract    ....................  Release of Purchase  Assessment and       June 30, 2002.
                                    for services needed to develop                         Order, RFP.          Student Services.
                                    an assessment system.
C4...............................  Send contract to U.S.            ....................  Release of Purchase  Assessment and       June 30, 2002.
                                    Department of Education.                               Order, RFP.          Student Services.
C5...............................  *Complete detailed design and    Sec. 1111(b)(3)(V)..  Test Design          Assessment and       June 30, 2002-
                                    implementation activities                              Document, Biasing    Student Services.    December 30, 2003.
                                    required to create test items                          Review,
                                    and test forms adequate to                             Reliability and
                                    serve the purposes specified                           Validity Studies.
                                    in the State's assessment
                                    ensuring validity, reliability
                                    and fairness for grades 3-8,
                                    10.

[[Page 8501]]

 
C6...............................  Design an approach to ensure     Sec. 1111 (b)(3)(E).  Letter to Norm Webb  Assessment and       June 30, 2002.
                                    alignment of content and                               for Agreed           Student Services.
                                    performance descriptors with                           Services as Vendor.
                                    the assessment considering
                                    comprehensiveness, emphasis,
                                    and depth.
                                   --Internal alignment Teacher
                                    committees.
                                   --CTB..........................
                                   External Alignment Norm Webb...
                                   All alignment studies will
                                    address comprehensiveness of
                                    tests in terms of gaps and
                                    weaknesses, emphasis and depth
                                    of knowledge as well as
                                    thinking skill distribution.
C7...............................  Before pilot, complete an        Sec. 1111 (b)(3)(B).  Report from Norm     Assessment and       December 30, 2003.
                                    analysis of the alignment of                           Webb, Vendor.        Student Services.
                                    the assessment and standards
                                    identifying any gaps and
                                    weaknesses in the alignment.
C8...............................  After pilot, complete an         Sec. 1111 (b)(3)(B).  Report from Norm     Assessment and       March 31, 2004.
                                    analysis of the alignment of                           Webb, Vendor.        Student Services.
                                    the assessment and standards
                                    identifying any gaps and
                                    weaknesses in the alignment.
C9...............................  Complete test items and review   Sec. 1111             Blueprints of Pilot  Assessment and       June 30, 2003.
                                    for bias to ensure that          (b)(3)(F)(ii).        Tests.               Student Services.
                                    results measured the essence
                                    of the standards and does so
                                    for students of diverse
                                    backgrounds.
                                   --Internal Bias Review
                                    Committee.
                                   --CTB Bias Review Committee....
C10..............................  *Administer pilot tests in       Sec. 1111 (b)(3)(E).  Pilot                Assessment and       December 30, 2003.
                                    grades 3-8, 10. Production,                            administration       Student Services.
                                    distribution, and                                      manual.
                                    administration.
C11..............................  Design an approach to ensure     Sec. 1111(b)(3)(E)..  Letter to Vendor     Assessment and       December 30, 2003.
                                    alignment of content and                               and Report re:       Student Services.
                                    performance descriptors with                           Alignment Study.
                                    the assessment considering
                                    comprehensiveness, emphasis,
                                    and depth.
C12..............................  Complete any needed adjustments                        First and Final      Assessment and       December 30, 2003.
                                    in the test forms. Address                             Drafts of Test       Student Services.
                                    gaps and weakness and make                             Forms.
                                    adjustments.
C13..............................  Results of alignment study sent  Sec. 1111(b)(3)(B)..  Alignment Study....  Assessment and       December 30, 2004.
                                    to U.S. Department of                                                       Student Services.
                                    Education.
C14..............................  *Administer tests..............  Sec. 1111(b)(3)(D)..  Superintendent's     Assessment and       June 30, 2004.
                                   --Production...................                         letter with          Student Services.
                                   --Distributions................                         testing schedule.
                                   --Scoring......................
C15..............................  Develop reports that are         Sec. 1111(b)(3)(H)..  Copies of reports    Assessment and       December 30, 2004.
                                    technically adequate for                               and accountability   Student Services.
                                    school and district                                    standards.
                                    accountability.
C16..............................  *Distribution of an itemized                           Sample report based  Assessment and       *August 31, 2003 and
                                    score analysis to support                              on test              Student Services.    Annually
                                    instructional improvement.                             administered in                           thereafter.
                                                                                           2001-2002.
C17..............................  Develop technical manuals that   Sec. 1111(b)(3)(C)..  Technical manuals..  Assessment and       December 30, 2004.
                                    contain such information as                                                 Student Services.
                                    validity, reliability,
                                    fairness/accessibility, and
                                    comparability of results.
                                   --Reports......................
                                   --Revision of reports..........
C18..............................  Develop procedures for test      Sec. 1111(b)(3)(C)..  Copies of protocol   Assessment and       December 30, 2003.
                                    administration, scoring, data                          and procedures       Student Services.
                                    analysis, and reporting to                             manual.
                                    meet high technical standards.
                                   --Administration manuals.......
                                   --Data Analysis and Technical
                                    Data.

[[Page 8502]]

 
C19..............................  Procedures for test              Sec. 1111(b)(3)(C)..  Copies of protocol   Assessment and       December 30, 2004.
                                    administration, scoring, data                          and procedures       Student Services.
                                    analysis, and reporting to                             manual.
                                    meet high technical standards
                                    sent to U.S. Department of
                                    Education.
C20..............................  Review of technical quality      Sec. 1111(b)(3)(C)..  Technical Quality    Assessment and       June 30, 2004.
                                    sent to U.S. Department of                             Document.            Student Services.
                                    Education.
C21..............................  Submit evidence that the         Sec. 1111(b)(3)(E)..  Vendor report        Assessment and       December 30, 2004.
                                    assessment includes multiple                           (including matrix)   Student Services.
                                    measures of student                                    Alignment study.
                                    performance, including
                                    measures that assess higher-
                                    order thinking skills and
                                    understanding.
C22..............................  Submit assessment system to      Sec. 1111(d)(1)(F)..  See Above..........  Assessment and       December 30, 2004.
                                    U.S. Department of Education                                                Student Services.
                                    for peer review.
C23..............................  *Participation in the National                         Consolidated State   Assessment and       May 2002.
                                    Assessment of Educational                              Plan.                Student Services.
                                    Progress in 2003 and 2005 and,
                                    if selected, participation in
                                    the field test in off-years.
D1...............................  Develop policies for including   Sec.                  Policy 2340........  Assessment and       June 30, 2002.
                                    LEP students in the statewide    1111(b)(3)(F)(iii).                        Student Services.
                                    assessment system and revise
                                    guidelines for assessment for
                                    LEP guidelines.
D2...............................  Develop policies for including   Sec.                  Policy 2340, Policy  Assessment and       Policy--April 30,
                                    students with disabilities in    1111(b)(3)(F)(ii).    2419, Guidelines     Student Services.    2002.
                                    the statewide assessment                               for assessment of                        Guidelines--June 30,
                                    system and revise guidelines                           special education.                        2003.
                                    for assessment of students
                                    with disabilities.
D3...............................  Document that all students are   Sec.                  Comparison of        Office of            December 31, 2004.
                                    included in the assessment       1111(b)(3)(F)(i).     enrolled students    Technology and
                                    system, especially LEP and                             with those           Information
                                    students with disabilities.                            assessed.            Systems.
D4...............................  Develop statewide monitoring     Sec.                  Policy 2320, OSE     Office Special       January 2003.
                                    procedures to ensure the         1111(b)(3)(F)(i).     Monitoring           Education.
                                    inclusion of all students.                             Document.
D5...............................  Submit statewide monitoring      Sec.                  See D4.............  Office of            December 31, 2004.
                                    procedures to ensure the         1111(b)(3)(F)(i).                          Technology and
                                    inclusion of all students.                                                  Information
                                                                                                                Systems.
D6...............................  Clarify how reasonable           Sec.                  Policy 2340,         Assessment and       December 2002,
                                    accommodations are provided to   1111(b)(3)(F)(II).    Guidelines for       Student Services.    December 2003,
                                    students with disabilities and                         assessment of                             December 2004.
                                    limited English proficient                             special education
                                    students that allow for their                          and LEP students.
                                    scores to be included in the
                                    accountability system and
                                    submit to U.S. Department of
                                    Education.
D7...............................  Clarify how data for students    Sec.                  Policy 2510........  Deputy               December 2004.
                                    who take the alternate           1111(b)(3)(F)(I).                          Superintendent.
                                    assessment and students
                                    administered assessments with
                                    non-standard accommodations
                                    will be incorporated into the
                                    accountability system and
                                    submit to U.S. Department of
                                    Education.
D8...............................  Provide complete participation   Sec.                  Participation        Office of            December 2002,
                                    data for students with           1111(b)(3)(F)(i).     Report.              Technology and       December 2003,
                                    disabilities and LEP students                                               Information          December 2004.
                                    to that the State's inclusion                                               Systems.
                                    policies relating to
                                    assessment, reporting, and
                                    accountability can be
                                    evaluated and submit to U.S.
                                    Department of Education.

[[Page 8503]]

 
D9...............................  * Implementation of the English                        Instructions to      Office of English    * 2002-2003 and
                                    language proficiency testing                           schools, test        as a Second          Annually
                                    required under Title I and                             administration       Language.            thereafter.
                                    Title III.                                             manuals, sample
                                   [sbull] Identify test that will                         reports.
                                    be used..
                                   [sbull] Administer to all LEP
                                    students..
                                   [sbull] Define annual
                                    measurable objectives for
                                    gains in English proficiency
                                    as required in Sec. 3122..
                                   [sbull] Report results as
                                    required by NCLB..
----------------------------------
                                                                       E Reporting
--------------------------------------------------------------------------------------------------------------------------------------------------------
E1...............................  Design a reporting template for  Sec. 1111(b)(3)(H)..  Report Template....  Office of            December 2004.
                                    school, district, and state                                                 Technology and
                                    profiles that clearly                                                       Information
                                    communicates to educators,                                                  Systems.
                                    parents and stakeholders how
                                    the assessments relate to the
                                    content and performance
                                    standards and submit to U.S.
                                    Department of Education.
E2...............................  * Dissemination of               Sec. 1111(b)(3)(I)..  Disaggregation       Office of            * August 31, 2002
                                    disaggregated data at the                              Reports.             Technology and       (as available).
                                    school and district levels                                                  Information         August 31, 2003 (all
                                    from the assessments currently                                              Systems.             subgroups) and
                                    in use. Assessment reports to                                                                    annually
                                    include: gender, major racial/                                                                   thereafter.
                                    ethnic groups, English
                                    proficiency status, migrant
                                    status, students with
                                    disabilities as compared to
                                    nondisabled students, and
                                    economically disadvantaged
                                    students as compared to
                                    students who are not
                                    economically disadvantaged.
E3...............................  Describe procedures for          Sec. 1111(b)(3)(I)..  Description of       Office of            December 2002,
                                    annually reporting these                               reporting process    Technology and       December 2003,
                                    results and submit to U.S.                             (with specific       Information          December 2004.
                                    Department of Education.                               examples).           Systems.
E4...............................  Submit reporting policies for    Sec. 1111(b)(3)(I)..  Policy 2340........  Assessment and       January 2004.
                                    small groups.                                                               Student Services.
E5...............................  Provide evidence that LEAs are   Sec. 1116(a)(3).....  WV Code Citation,    Office of            December 2002,
                                    completing and disseminating                           Letter to LEAs.      Technology and       December 2003,
                                    school and district profiles                                                Information          December 2004.
                                    to all required audiences that                                              Systems.
                                    include statistically sound
                                    disaggregated results and
                                    submit to U.S. Department of
                                    Education.
E6...............................  Document that all students are   Sec.                  Reports............  Office of            December 2002,
                                    included in the school           1111(b)(3)(F)(i).                          Technology and       December 2003,
                                    profiles including exempted                                                 Information          December 2004.
                                    students, special education                                                 Systems.
                                    students taking the alternate
                                    assessment and LEP students
                                    and submit to U.S. Department
                                    of Education.
E7...............................  Provide individual reports of    Sec.                  Reports............  Office of            December 2002 and
                                    student achievement relative     1111(b)(3)(F)(i).                          Technology and       December 2003
                                    to the state performance                                                    Information          (Quartile),
                                    standards and submit to U.S.                                                Systems.             December 2004
                                    Department of Education.                                                                         (Performance
                                                                                                                                     Standards).
E8...............................  Describe strategies to ensure    Sec. 1118(c)(4)(B)..  Narrative            Assessment and       December 2002,
                                    that individual reports go to                          describing           Student Services.    December 2003,
                                    all parents in understandable                          strategies and                            December 2004.
                                    ways and submit to U.S.                                parent committee
                                    Department of Education.                               lists.
E9...............................  Submit manuals and/or            Sec. 1118(c)(4)(B)..  Manuals............  Assessment and       December 2002,
                                    guidelines on the                                                           Student Services.    December 2003,
                                    interpretation of these                                                                          December 2004.
                                    reports and submit to U.S.
                                    Department of Education.
E10..............................  Develop quality control          Sec. 1111(b)(3)(C)..  TILSA Quality        Assessment and       December 2002,
                                    procedures to check accuracy                           Control document.    Student Services.    December 2003,
                                    of scoring and reports and                                                                       December 2004.
                                    submit to U.S. Department of
                                    Education.

[[Page 8504]]

 
E11..............................  * Distribution of a state                              Copy of State        Office of            * Sept. 30, 2002, *
                                    report card as required under                          Report Card.         Technology and       Aug. 31, 2003, *
                                    Section 1111 of Title I. State                                              Information          Aug. 31, 2004.
                                    report card must include the                                                Systems.
                                    following:
                                   [sbull] Disaggregated student
                                    achievement results by
                                    performance level..
                                   [sbull] Percent of student not
                                    tested.
                                   [sbull] Comparison between
                                    annual objectives and actual
                                    performance for each student
                                    group.
                                   All other report card
                                    requirements must be met as
                                    quickly as possible,
                                    consistent with implementation
                                    of final assessments. (See E1).
E12..............................  * Annual report to the                                 Part of Annual                            * December 2002 and
                                    Secretary as described in                              Title I                                   annually
                                    Section 1111(h)(4).                                    Performance Report.                       thereafter.
                                   [sbull] Information on State
                                    progress in developing all
                                    required academic assessments.
                                   [sbull] Student achievement
                                    data.
                                   [sbull] Disaggregated data on
                                    acquisition of English
                                    proficiency by LEP (2002-2003).
                                   [sbull] Number and names of
                                    school identified for school
                                    improvement, the reason for
                                    identification, and measures
                                    taken to address achievement
                                    problems.
                                   [sbull] Number of students and
                                    schools that participated in
                                    public school choice and
                                    supplemental services.
                                   [sbull] Information on quality
                                    of teacher and percent of
                                    classes taught by highly
                                    qualified (2002-2003).
F1...............................  Develop a definition of                                Agreed Order         Deputy               December 2002,
                                    adequate yearly progress that                          Tomblin Committee    Superintendent.      December 2003,
                                    requires continuous                                    Agendas PowerPoint                        December 2004.
                                    improvement toward the goal of                         Presentations.
                                    all students reaching
                                    proficiency and submit to U.S.
                                    Department of Education.
F2...............................  Describe how the State                                 See Section F1,      Deputy               December 2002,
                                    assessments are defined as the                         Above.               Superintendent.      December 2003,
                                    primary element in the State's                                                                   December 2004.
                                    definition of adequate yearly
                                    progress for schools and
                                    districts and submit to U.S.
                                    Department of Education.
F3...............................  Demonstrate approval of this                           See Section F1,      Deputy               December 2002,
                                    definition of adequate yearly                          Above Policy 2510,   Superintendent.      December 2003,
                                    progress and submit to U.S.                            State Board                               December 2004.
                                    Department of Education.                               Minutes.
F4...............................  Clarify how the State defines                          Policy 2340, See     Assessment and       December 2002,
                                    ``full academic year'' for                             Section F1, Above.   Student Services.    December 2003,
                                    including students in                                                                            December 2004.
                                    determining adequate yearly
                                    progress for schools and/or
                                    districts and submit to U.S.
                                    Department of Education.
F5...............................  Document that all students are                         See Section F1,      Office of            December 2002,
                                    included in the accountability                         Above                Technology and       December 2003,
                                    system including special                               Dissagregation and   Information          December 2004.
                                    education students taking the                          Participation        Systems.
                                    alternate assessment, other                            Report, Policy
                                    special education students,                            2340, See Section
                                    504 students, and LEP students                         D3, Above.
                                    and submit to U.S. Department
                                    of Education.

[[Page 8505]]

 
F6...............................  Provide information regarding                          PowerPoint           Deputy               December 2002,
                                    how the State evaluates the                            Presentation See     Superintendent.      December 2003,
                                    effectiveness of schools that                          Section F1, Above                         December 2004.
                                    do not contain any of the                              Overview and
                                    grades covered by the State                            Excerpt from
                                    assessment system (e.g., K-2                           Reading Assessment.
                                    schools) and submit to U.S.
                                    Department of Education.
F7...............................  Submit the definition of                                                    Deputy               December 2004.
                                    adequate yearly progress to                                                 Superintendent.
                                    the U.S. Department of
                                    Education for peer review.
F8...............................  *A. Continued identification of                        Description of       Deputy               *Sept. 30, 2002,
                                    schools in need of                                     school               Superintendent.      Aug. 31, 2003, Aug.
                                    improvement, based on data                             accountability                            31, 2004.
                                    from the current assessment                            system to include
                                    (s) for all children in the                            the data source
                                    grade assessed and, to also                            (assessments) and
                                    include:                                               formula or
                                   [sbull] Performance of                                  decision sequence
                                    subgroups (of statistically                            used to determine
                                    reliable size).                                        school
                                   [sbull] Application of the 95%                          classification.
                                    participation rule.                                   List of schools and
                                   [sbull] HS graduation and the                           districts
                                    other indicators required by                           identified for
                                    NCLB.                                                  improvement.
                                   B. Establish AYP baseline,                             Communication of
                                    based on data from the new                             baseline values
                                    assessment (s) for all                                 and AYP design to
                                    children in the grades                                 schools and
                                    assessed..                                             districts.
                                   Use transitional rules under                           List of schools and
                                    NCLB, Sec. 1116 to identify                            districts
                                    schools in need of                                     identified for
                                    improvement..                                          improvement.
F9...............................  *All other requirements of NCLB                        Implementation and   Office of            2002-2003 and
                                    pertaining to schools                                  documentation of     Instructional        Annually
                                    identified for improvement,                            choice,              Services.            thereafter.
                                    corrective action, or                                  supplemental
                                    restructuring during the                               services,
                                    period of the compliance                               corrective
                                    agreement.                                             actions, as
                                                                                           appropriate.
--------------------------------------------------------------------------------------------------------------------------------------------------------
All items marked with * are No Child Left Behind Act of 2001 requirements. West Virginia will have six months from the date of the Compliance Agreement
  or 30 days after publication of final regulations (whichever comes first) to determine the specific tasks and dates required to satisfy each goal.


[[Page 8506]]

[FR Doc. 03-4075 Filed 2-20-03; 8:45 am]
BILLING CODE 4000-01-P