Sec. 13a.01.04.07. School Improvement, Corrective Action, and Restructuring — Local School Systems

A. School Identified for Improvement.

(1) Annually, before the beginning of the school year following a failure to make adequate yearly progress, each local school system shall identify for school improvement each elementary or secondary school that has not made AYP because that school did not make the annual measurable objective in the same reported area for 2 consecutive years. The reported areas are reading, mathematics, or as applicable, attendance rate or graduation rate.

(2) To insure that all students reach the State's proficient level in reading, mathematics, and science by 2013 -14, within 3 months or sooner after identification, each identified school shall develop a 2-year school improvement plan that:

(a) Focuses on strengthening core academic subjects;

(b) Incorporates strategies based on scientifically based research that will strengthen core academic subjects;

(c) Includes funds for high quality professional development; and

(d) Has specific measurable objectives for each student subgroup.

(3) Each local school system within 45 days of receiving a plan shall:

(a) Establish a peer review process to assist with review of the plan;

(b) Promptly review the plan;

(c) Work with the schools as necessary; and

(d) Approve the school plan if the plan meets the requirements of all applicable federal and State laws and regulations.

(4) The school improvement plan shall be implemented the school year following identification except for school year 2003-04 when the plan shall be implemented as soon as practicable during the 2003-04 school year.

(5) Each local school system shall provide a school identified for improvement with technical assistance grounded in scientifically based research that includes the following:

(a) Assistance in analyzing data from the State assessment system, and other examples of student work, to:

(i) Identify and develop solutions to problems in instruction;

(ii) Increase parental involvement;

(iii) Improve professional development; and

(iv) Implement the school plan;

(b) Assistance in identifying and implementing professional development and instructional strategies and methods that have proved effective, through scientifically based research, in addressing the specific instructional issues that caused the local school system to identify the school for improvement; and

(c) Assistance in analyzing and revising the school's budget so that the school allocates its resources more effectively to the activities most likely to increase student academic achievement and remove the school from school improvement status.

B. School Identified for Corrective Action.

(1) Annually, before the beginning of the school year following a failure to make adequate yearly progress, each local school system shall place a school in corrective action if a school has not made AYP because that school did not make the annual measurable objective in the areas for which it was identified for improvement, that is, in reading, mathematics, or as applicable, attendance rate, or graduation rate, after 2 years in school improvement.

(2) For a school under corrective action, each local school system shall continue to provide technical assistance as required under §A(5) of this regulation and shall take at least one of the following corrective actions:

(a) Replace the school staff who are relevant to the failure to make adequate yearly progress;

(b) Institute and fully implement a new curriculum, including providing high qualify professional development for all staff who are relevant to the failure to make AYP, that is based on scientifically based research and offers substantial promise of improving educational achievement for low-achieving students and enabling the school to make AYP;

(c) Significantly decrease management authority at the school level;

(d) Appoint an outside expert to advise the school on its progress toward making AYP based on its school plan;

(e) Extend the length of the school year or school day for the school; or

(f) Restructure the internal organizational structure of the school.

C. School Identified for Restructuring.

(1) Annually, before the beginning of the school year following a failure to make adequate yearly progress, a local school system shall identify a school for restructuring if after 1 full year of corrective action the school does not make AYP because that school did not make the annual measurable objective in the areas for which it was identified for improvement, that is, in reading, mathematics, or as applicable, attendance rate, or graduation rate.

(2) The local school system shall prepare a plan for alternative governance and implement the alternative governance arrangement not later than the beginning of the next school year.

(3) One of the following alternative governance arrangements shall be implemented consistent with State law and as approved by the State Superintendent of Schools and the State Board:

(a) Reopening the school as a public charter school consistent with the requirements of State law and regulation;

(b) Replacing all or most of the school staff including the principal who are relevant to the failure to make AYP;

(c) Entering into a contract with an entity, such as a private management company, with a demonstrated record of effectiveness, to operate the public school; or

(d) Any other major restructuring of the school's governance arrangement that makes fundamental reform such as significant changes in the school's staffing and governance to improve academic achievement in the school and that has substantial promise of enabling the school to make AYP.

D. General Requirements for School Improvement, Corrective Action, or Restructuring.

(1) Before identifying a school for school improvement, corrective action, or restructuring, a local school system shall provide the school with an opportunity to review the school-level data, including academic assessment data, on which the proposed identification is based.

(2) Supporting Evidence.

(a) If the principal of a school that a local school system proposes to identify for school improvement, corrective action, or restructuring believes, or a majority of the parents of the students enrolled in the school believe, that the proposed identification is in error for statistically significant reasons, the principal may provide supporting evidence to the local school system.

(b) The local school system shall consider the evidence referred to in §D(2)(a) of this regulation before making a final determination.

(c) The local school system shall submit its final determination to the Department for its review and approval.

(3) The local school system shall make public a final determination of the status of the school with respect to identification not later than 30 days after it provides the school with the opportunity to review the data on which the proposed identification is based.

(4) Each local school system shall provide to parents of each student enrolled in a school identified for improvement, corrective action, or restructuring, notice and an explanation of what the identification means, the reasons for the identification, what the school is doing to address the problem of low achievement, how parents can become involved in addressing the academic issues, and any other information required by applicable federal or State law or regulation.

(5) If a school makes the annual measurable objective for which it was identified for improvement for 1 year or has extenuating circumstances beyond its control, such as an act of nature or an extraordinary fiscal constraint beyond its control, a local school system may delay the progression of the school into the next phase of the school improvement process for 1 year; but no such period of delay shall be taken into account in determining the number of consecutive years of failure to make AYP.

(6) If any school identified for school improvement, corrective action, or restructuring makes AYP for 2 consecutive years, the local school system may not subject the school to the requirements of school improvement, corrective action, restructuring or identify the school for school improvement for the succeeding year.

(7) A school receiving funds under Title I of the No Child Left Behind Act must comply with all applicable State and federal requirements for schools identified for improvement, corrective action, and restructuring.

(8) If the State Board determines that a local school system has failed to fulfill its responsibilities as set forth in this regulation, the State Board shall take appropriate corrective action, including withholding or redirection of State and federal funding.

E. Schools Previously Identified for Improvement, Corrective Action, or Reconstitution.

(1) A school in the first or second year of school improvement under Title I on January 8, 2002, shall be treated by the local school system as a school in the first or second year of school improvement for the 2002-03 school year.

(2) A school in the first or second year under local reconstitution on January 8, 2002, that is not also a school under Title I, shall be treated as a school in the first or second year of school improvement for the 2002-03 school year.

(3) A school in school improvement under Title I for 3 or more consecutive school years preceding January 8, 2002, shall be treated by the local school system as a school under corrective action for the 2002-03 school year.

(4) A school under local reconstitution for 3 or more consecutive school years preceding January 8, 2002, that is not also a school under Title I, shall be treated by the local school system as a school under corrective action for the 2002-03 school year.

(5) Any school that was in corrective action on January 8, 2002 shall be treated by the local school system as a school requiring restructuring for the 2003-04 school year.