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The No Child Left Behind Act (NCLB), enacted in January 2002 is the most recent version of the Elementary and Secondary Education Act (ESEA). NCLB covers a wide range of issues such as accountability for student achievement, school safety, and teacher qualifications. Through NCLB, the federal government has significantly increased the conditions it places on the funding it provides to states.
 General Questions
Program Improvement
Supplemental Educational Services
English Learners
Teacher Qualifications
To Learn More
General Questions
What is the basis for school accountability under NCLB?
All states are expected to help 100% of their students to achieve proficiency in English language arts and math by 2013–14, with specific targets along the way. Each state sets targets, with the approval of the federal government, and chooses what tests to use to determine if its schools have made "Adequate Yearly Progress" (AYP) toward those proficiency goals. California decided to rely primarily on student scores on the California Standards Tests (CST), which are part of the STAR tests given each spring, and on the results of the California High School Exit Exam (CAHSEE) for high schools. These tests are aligned to the state's standards, which is what every student is supposed to learn, according to the State Board of Education.
Unlike some other states, California's definition of "proficient" is a tough standard, and students who reach this level have the knowledge and skills in that particular subject to succeed in the global economy.
Are all schools subject to the same consequences?
The federal government is especially interested in the improvement of schools with large percentages of children from low-income families. Most of these schools receive federal funds under Title I, the first and highest-funded section of NCLB, and are commonly referred to as "Title I schools." Although all schools and districts are expected to improve under NCLB, only Title I schools are subject to NCLB sanctions for not showing enough progress. In California, about 65% of schools and 95% of districts receive Title I funds.
Title I schools and districts must miss their AYP goal for two consecutive years in either English or math to enter "Program Improvement." If they test fewer than 95% of their students two consecutive years in the same subject, they can also enter Program Improvement.
Could a school improve its test scores and still not make its AYP target?
Yes, because NCLB focuses on schools reaching a defined target rather than simply improving. The AYP target is a specific percentage of a school's students who must score proficient or above in English and math on the CST or, for high schools, the CAHSEE. These specific targets are called annual measurable objectives (AMOs). Not only must all students as a whole reach these targets but also significant subgroups of students based on ethnicity, poverty, disabilities, and status as English learners. A subgroup is considered significant if it has at least 100 students or at least 50 students if they comprise 15% of the overall school population. (Click here for more on significant subgroups)
In addition, schools must test 95% of all students and 95% of all significant subgroups of students. They must also reach a certain API score (560 in 2003–04) or improve their API score by one point to make AYP. High schools must also achieve a certain graduation rate (at least 83% for 2007-08) or improve their graduation rate by a specified amount, according to a complex formula. (Click here for more on graduation rates.)
Program Improvement
How will I know if my school is in Program Improvement?
Parents must be notified if their school is entering Program Improvement. Districts (or county offices of education for county-run schools) must give parents "local reviews" of Title I schools that include information about the school's progress toward meeting AYP goals. You can find out about your school's status by going to the Education Data Partnership website: www.ed-data.k12.ca.us. Find your school, and select Accountability from the pull-down menu.
In August 2007, 1,377 elementary schools, 555 middle schools, and 308 high schools were included in Program Improvement in California.
What happens when a school enters Program Improvement?
In California, only Title I schools can enter Program Improvement. Within three months of being identified, schools must develop a two-year plan that includes providing professional development for teachers, promoting parental involvement, and allowing students to transfer to a public school that is not in Program Improvement.
Each successive year a school does not improve, the consequences become more serious.
In Year 2, schools must do all the above and provide supplemental educational services, such as tutoring, to students from low-income families. (Under NCLB, there are several ways to determine whether a family is low income. Among the most common is whether students qualify for free or reduced-priced meals under the National School Lunch Program.)
In Year 3, "corrective action" begins. The district has several options such as hiring an outside expert, replacing appropriate school staff or curriculum, extending the school day or year, or restructuring the school. The district must also inform parents and the public of the corrective action and allow them to comment on it.
If the corrective action does not work by Year 4, the district and local school must develop a plan for alternative school governance, notify parents and teachers of the plan, and allow them to comment on it.
In Year 5, the district must restructure the school. For example, the district could reopen the school as a charter, contract with an outside entity to manage the school, or arrange for the state to take over the school.
How are schools released from Program Improvement?
If a school in Program Improvement makes AYP, it stays in whatever part of Program Improvement it was in—Year 1, 2, 3, or 4. If it makes AYP for two consecutive years, it is released from Program Improvement.
Schools can also be exempted from Program Improvement if they are significantly improving but still fall short of achieving AYP because a specific subgroup does not meet the performance target. This is known as "safe harbor." The percentage of students scoring below proficient in that subgroup must have decreased by at least 10% compared with the year before, and the subgroup must have made progress on one or more of the other AYP indicators.
Which students are eligible to transfer out of schools in Program Improvement?
After a school enters Program Improvement, all students have the option to transfer to another public school in the district. If all the schools in the district are in Program Improvement, the district must, where practical, arrange for students to transfer to schools in neighboring districts. If there are a limited number of schools to choose from, priority is given to the lowest-achieving students from low-income families. If students cannot transfer to another school, the school may instead provide supplemental services to the school's low-income children in the first year of Program Improvement as well as in subsequent years.
Are parents given a choice of schools?
If possible, districts must provide parents with more than one public school to choose from and take parents' preferences into account. Parents can choose from other public schools (including charter schools) that are not in Program Improvement and are not identified by the state as "persistently dangerous." (Few, if any, schools meet the high threshold for "persistently dangerous" in California.) If all schools in a district and all schools in nearby districts are in Program Improvement, transferring students is not an option.
Who provides transportation for students who wish to transfer?
The district must use up to 20% of its Title I Part A funds to pay for transportation costs and supplemental educational services (see below), with a minimum of 5% of the funding going to each. If costs for transportation exceed this amount, then priority must be given to the lowest-achieving students from low-income families.
If the district limits its choices of schools because it has used all its transportation funds, parents who want to transfer can provide their own transportation for their student, only if the district agrees.
If parents choose to send their student to a private school, the district has no obligation to pay the student's tuition or to transport the student.
How will students know whether they are eligible to transfer to another public school?
The district is required to send an annual notice to parents—where practical in a language they can understand—telling them of their student's option to transfer. The notice must generally be sent before school starts, but each district can set its own deadlines for parents to exercise their transfer option.
In California, AYP for elementary and middle schools is primarily based on the results of the Standardized Testing and Reporting (STAR) program. Districts receive STAR results in mid-August and school typically starts at the end of August, making the notification process particularly challenging. Because schools must also improve on the state's Academic Performance Index (API) to make AYP, they could also go into Program Improvement after API results are released in October. In that case, parents would have to decide whether they want to transfer their children in the middle of the school year.
Must students who have transferred return if a school improves?
If they choose, students may remain in their new school or return to their old school after that school exits Program Improvement. But the district no longer has to provide free transportation to the new school, with one exception. If the old school exits Program Improvement in the middle of an academic year, the district must transport all students who transferred (and do not want to return) for the remainder of that school year only.
How do California's laws regarding school choice interact with NCLB?
The state is integrating its laws with NCLB. However, unlike in the past, students from Program Improvement schools will be given priority when it comes to school choice. In addition, the federal requirements to offer more than one choice and provide free transportation apply only to students attending Program Improvement schools.
Supplemental Educational Services
What are "supplemental educational services" under NCLB?
Supplemental educational services are academic enrichment services that are in addition to instruction provided during the regular school day, such as tutoring or after-school services. The state must develop a list of approved service providers or tutoring agencies and programs for each school district as well as monitor their quality and effectiveness. The tutor or group of tutors must develop specific goals and a timetable to reach those goals for each student. Tutors and programs can be from either outside or within the district, unless the whole district is in Program Improvement.
Districts (or county offices of education) are expected to spend up to 20% of the Title I, Part A funds on supplemental services and transportation, with a least 5% of the funding going to each. Districts can apply to the state for a waiver of the requirement to provide supplemental instruction, but the granting of such waivers is likely to be rare.
How do parents find out whether their student is eligible for extra academic help under NCLB?
The student must be from a low-income family but does not have to be low achieving to qualify. However, if federal funding is not enough to cover all low-income students, priority must be given to the lowest-performing students.
Districts must notify parents—where practical in a language they can understand—that their student is eligible for supplemental services and give them the names and qualifications of the approved tutors and programs. Parents can select from the list of tutors and programs or seek help from school administrators. The district then negotiates an agreement with the tutor or program administrator.
Districts are not required to provide or pay for a student's transportation to a tutor or after-school program.
English Learners
Are districts held accountable for teaching English to their English learners?
Under Title III of NCLB, districts (and county offices of education) must establish benchmarks and annually measure the progress of students trying to attain English proficiency. The state has adopted two sets of performance goals for English learners. One set of goals deals with students making annual progress toward English language proficiency. The other set deals with the attainment of English proficiency. These district-level goals are referred to as annual measurable achievement objectives (AMAOs).
How does California determine whether students are making progress toward English proficiency?
California uses scores on the California English Language Development Test (CELDT) to determine English proficiency for all English learners. Students in kindergarten and first grade are tested on their listening/speaking skills. From grades 2 through 12, English learners are evaluated on their listening/speaking, reading, and writing skills. They receive scores ("proficiency levels") on each section and for the test as a whole. CELDT has five proficiency levels: beginner, early intermediate, intermediate, early advanced, and advanced.
An English learner takes the test within 30 days of initial enrollment in a school district and annually thereafter until reclassified as "fluent English proficient (FEP)."
What score must an English learner achieve to be considered fluent?
The State Board of Education recommends that English learners be considered for reclassification if they have overall CELDT scores of early advanced or advanced and score at least intermediate on each section. However, districts, which make the final determination, must also consider teacher evaluation, parent opinion and consultation, and student performance on the CST in English.
What is the annual objective for making progress in learning English?
The first AMAO relates to the percent of students making annual gains in learning English as measured by CELDT. There are three ways for students to meet their annual growth target:
- Students at the beginning, early intermediate, and intermediate proficiency levels on CELDT are expected to gain one proficiency level per year;
- Students at the early advanced and advanced levels who have some skill areas below intermediate are expected to bring all skill areas up to the intermediate level;
- Students already at the English proficient level on CELDT (which means being classified as early advanced or advanced with all skill areas at the intermediate level or above) are expected to maintain that level until they are reclassified as fluent English proficient.
In 2005-06, districts had to show that 52% of their English learners met the annual growth target. Each year, this percentage must grow until 2013–14 when 64% of English learners in each district should meet the annual growth target. In 2005–06, 86% of the state's school districts met the goal.
What is the annual objective for students to attain English proficiency?
The second AMAO relates to annual increases in the percentage of students attaining English proficiency. English proficiency is defined as an overall CELDT score of early advanced or advanced and at least intermediate on each part on the test. This measure pertains only to students within reasonable reach of English proficiency, not to all English learners.
In 2005-06, districts were to help at least 31.4% of English learners become English proficient, with that percentage growing each year until 2013–14 when 46% of students should attain English proficiency. In 2005–06, 87% of the state's school districts met the 31.4% goal.
How will parents know if their school is meeting its AMAOs?
Title III Accountability Reports for individual districts can be found at www.cde.ca.gov/sp/el/t3/acct.asp.
If a school district receiving Title III funds does not make its AMAOs, the district must notify parents of English learners that their district is not making its AMAOs within 30 days after the district receives notice of this failure. These notices should—where practical—be in a language the parent can understand.
What are the consequences if a district does not make its Title III AMAOs?
If a district receives Title III funding and fails to make its AMAOs in two consecutive years, it has to develop an improvement plan to address the causes of failure. The state is required to provide technical assistance during the plan development. If a district fails for four consecutive years, the state must:
- Require the district to modify the curriculum, program, and method of instruction; or
- Determine whether the district should continue to receive Title III, subpart 1 funding and require the district to replace personnel responsible for the failure to meet AMAOs.
Does NCLB have any requirements concerning teachers of English learners?
Teachers of English learners must meet the same requirements as other teachers (see below). In addition, teachers hired with Title III funds must be fluent in English and any other language used for instruction. In California, the possession of a Bilingual Cross-cultural Language and Academic Development (BCLAD) Credential or equivalent authorizes a teacher to provide instruction to English learners in a language other than English.
Teacher Qualifications
What does NCLB require of teachers?
Under NCLB, all of California's teachers, not just those in Title I schools, were supposed to be "highly qualified" by the 2005–06 school year if they were teaching core subjects such as English, math, science, social sciences, arts, and foreign languages.
(California was far from alone in not meeting the "100% highly qualified" requirement, although it made substantial progress. Schools that require secondary teachers to be highly qualified pose the greatest challenge.)
In California, a highly qualified teacher must:
- Have a bachelor's degree;
- Hold a credential or be in an internship program that leads to completion of an organized teacher-preparation program;
- Be able to demonstrate subject-matter competence.
Teachers have more than one way to demonstrate subject-matter competence, partially depending on when they became teachers and which grade levels they have taught. They have to demonstrate this competency only once for each subject and grade span they teach.
"New" teachers—who have earned their credential or have enrolled in an internship program after July 1, 2002—must pass a subject-matter test approved by the California Commission on Teacher Credentialing (CTC). The most common test used is the California Subject Examination for Teachers. The tests for elementary and secondary teachers differ. At the middle and high school levels, teachers must also demonstrate mastery in every subject they are assigned to teach either by passing the appropriate subject-matter exam or through college coursework, such as an undergraduate major, graduate degree, or a university subject-matter program approved by the CTC.
Experienced teachers can take and pass the same state-approved subject-matter tests as new teachers, or at the secondary level, certify completion of the same coursework. Secondary teachers can also demonstrate their subject-matter competence by becoming certified by the National Board for Professional Teaching Standards.
In addition, experienced teachers can go through the new High Objective Uniform State Standard Evaluation (HOUSSE) process. This process includes giving points for experience, professional educational service, and relevant college coursework as well as either a direct observation of teaching or a portfolio review of a teacher’s lesson plans and student work for one school year. Teachers who receive an unfavorable assessment can complete professional development.
Are there any requirements for teacher's aides?
NCLB sets a standard for the knowledge and/or minimum education level for paraprofessionals who work as instructional aides in Title I schools. Paraprofessionals hired on or after Jan. 8, 2002 who are supported by Title I funds and who assist in instruction must have a high school diploma and one of the following:
- Two years of college (48 semester units);
- An A.A. degree or higher; or
- A passing score on a local or state test that assesses their knowledge of, and ability to assist in, instructing reading, writing, and mathematics. Each district will decide which test to use.
Paraprofessionals hired before Jan. 8, 2002 must meet the same requirements by January 2006. Aides who act primarily as translators, or who do not assist in instruction, do not need to meet these requirements.
If my school is not complying with NCLB, what can I do?
School districts must have a procedure—called the Uniform Complaint Procedure—for handling complaints regarding programs such as NCLB. The procedure must detail the process for complaints. Parents should contact their district and ask for a copy of the procedure if they wish to file a complaint. For information in English and Spanish, go to: www.cde.ca.gov/re/cp/uc.
To Learn More
Where can I find out more about NCLB?
To find out more about NCLB, see the following resources:
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