Staff from across the State Education Department have been working over the past six months to prepare an orderly implementation of the federal No Child Left Behind (NCLB) Act in New York State for the start of the 2002-03 school year.

Consultation and Communication

A key element of the implementation has been to consult with and communicate to the community of institutions and individuals affected by this landmark federal legislation.

The scope of the NCLB legislation necessitated enlargement of the EMSC leadership team to include representatives from Higher Education and VESID, as well as the Office of Counsel. The Committee of Practitioners was also reconstituted, creating an advisory group that reflects both the program scope of the NCLB Act and the diversity of education in New York State.

Other channels of communication have included:

• An Education Department web site that organizes information and resources related to the NCLB Act including:

Policy and Legal Guidance

An analysis of the policy and legal implications of the requirements of the NCLB Act in New York State has provided a particular challenge, requiring coordinated efforts from several program offices in the Department. Areas of special importance and interest have included:

• Alignment of Regents policy for phasing in rigorous New York State certification requirements for teachers and paraprofessionals with the federal requirements of the NCLB Act. Discussions are ongoing with the United States Department of Education (USDOE) regarding our request for guidance on key definitions and interpretations of the NCLB Act as applied in New York State.
• Alignment of the current New York State System of Accountability for School Success (SASS) with the federal school accountability requirements of the NCLB Act. Discussions are ongoing with the USDOE as we prepare Regents briefing materials on changes to SASS needed to meet the requirements of the NCLB Act.
• Legislative and regulatory action on "safe public school choice," which was a condition for USDOE approval of several of our largest federal grant awards under the NCLB Act (including Title I).
• Commissioner’s Regulations on public school choice and supplemental educational services, which were approved by the Board of Regents as an emergency action in July.
• Comments sent to the USDOE by the Department regarding proposed federal regulations for Title I of the NCLB Act, including key requirements for teachers and paraprofessionals as well as school accountability, which were submitted in September.

State and Local Applications for Funds under the NCLB Act

A major effort has also been preparing the various State and local applications required to receive and distribute the more than $1.3 billion in federal aid made available to New York State and its schools under the NCLB Act.

In mid-June, we submitted to the USDOE a consolidated State application for the major formula-based grant programs under the NCLB Act (including Title I). In early July, we received approval from the USDOE of our consolidated State application, subject to a limited number of conditions (for example: a plan to meet by July 1, 2003 all of the requirements of the "safe public school choice option" of the NCLB Act).

In early August, we made available on our web site the consolidated local application for school districts to apply for their local allocations under the major formula based grant programs included in the NCLB Act (such as Title I), as well as a separate application for school districts to apply for their local allocations under the Title III English Language Acquisition program. In early September, we began to review and approve these local applications for payment. More than $1.3 billion will be made available to school districts through this consolidated application process.

We also completed two related tasks essential for many schools to implement successfully their local programs under the NCLB Act: the identification of Title I schools in need of improvement (list made public on September 4) and approval of Supplemental Educational Services Providers (list made public on August 30). The Title I schools in need of improvement include schools that have not made their annual progress targets and those that are on the SURR list. There are 70 organizations in the approved list to provide extra help to students in schools needing to improve. The supplemental services providers list includes community-based organizations, profit and not-for-profit companies, school districts, BOCES and higher education institutions.

In the Coming Months

In the coming months, we will continue to consult and communicate with the Board, the Committee of Practitioners and the general public on key NCLB implementation issues. For example, we are planning regional meetings later this fall to solicit comments and suggestions regarding the realignment of the SASS to meet the requirements of the NCLB Act.

We will continue to provide support to school districts with special attention to the new NCLB requirements for professional and paraprofessional staff, as well as public school choice and supplemental educational services. For example, we will add to the list of approved Supplemental Educational Service Providers periodically through an "open" Request for Qualifications.

We will turn more of our effort to leadership and technical assistance activities related directly to improving core academic instruction, teacher preparation and professional development, identification and support of best practice ("scientifically-based") and expanded use of instructional technology in the classroom.

We will also reexamine how we deliver services to schools with the goal of expanding our use of technology and improving the effectiveness of our regional delivery system.

We will prepare and submit to the USDOE State applications for funds under the 21st Century Community Learning Centers program and the Reading First program (target dates: no later than mid-October). We will also prepare and disseminate local applications for the following competitive programs:

•  Title II Part D Technology program (target date: mid-October);
•  21st Century Community Learning Centers (contingent on approval by USDOE of our State application); and
•  Reading First (also contingent on approval by USDOE of our State application).

cc: Commissioner Mills
       Richard Cate
        Kathy Ahearn
       Thomas Sheldon
       David Johnson