Information for School Officials

What School Officials Must Do to be in Compliance with NCLB

The following refers to NCLB provisions that are of particular interest to the school community.  It does not represent an exhaustive list of local requirements.  

Local Educational Agencies are required to:

• prepare and disseminate local school report cards, including information specified in NCLB, each year. 

 More about Local School Report Cards

• notify parents of all students enrolled in a school that has been identified for school improvement, corrective action and/or restructuring.  

More about School Improvement

• provide school choice, if required, and notify parents of all eligible students that they have the option of transferring their children to another public school served by the LEA.

More about Public School Choice

• provide supplemental educational services, if required, and notify parents of the availability of the services.

More about Supplemental Educational Services

• ensure that certain teachers and paraprofessionals meet NCLB requirements.

More about Requirements for Highly-Qualified Staff

• notify the parents of each student attending a Title I school that the parents may request information regarding the professional qualifications of the student’s classroom teachers.

More about Parents Right to Know

• notify parents of limited English proficient students identified for participation in Title I and Title III language instruction educational programs.

More about Limited English Proficient Students

• notify a student's parents of their right to transfer their child to a safe public school within the district when that student becomes the victim of a violent criminal offense while in or on the grounds of the public school he or she attends.  

More about Safe Public School Choice

For the past several years, State education law and Commissioner's regulations have required local educational agencies (LEAs) to prepare and disseminate school report cards.  NCLB has added new requirements concerning the content and dissemination of these report cards.  The requirements must be met prior to the beginning of each school year by all LEAs receiving Title I, Part A assistance.

NCLB requires LEAs to publicly distribute the report card and any supplements to all of its schools and to all parents of students attending those schools.  Report cards and any supplements must be in an understandable and uniform format and, to the extent practicable, in a language that the parents can understand.  Report cards and any supplements must be made widely available through public means, such as the Internet, media distribution and distribution through public agencies.  

If you have questions about requirements for local school report cards under NCLB, e-mail nclbnys@mail.nysed.gov or call SED at 518-474-7965.

A number of Title I schools have been identified by the State Education Department for school improvement or corrective action for the 2004-05 school year.  

Schools identified on the Title I school improvement/corrective action list as being in SURR (Schools Under Registration Review) status are designated as Title I corrective action schools and must adhere to all requirements for Title I corrective action schools.  

LEAs must promptly notify parents of all students enrolled in a school that has been identified for school improvement or corrective action.  The notification must include:

• an explanation of what the identification means, how the school compares in terms of academic achievement to other elementary or secondary schools served by the LEA, and that the State Education Department is the State Education Agency involved;
• the reasons for the identification;
• an explanation of what the identified school is doing to address the problem of low academic achievement;
• an explanation of what the LEA or State Education Department is doing to help the school address the achievement problem;
• an explanation of how parents can become involved in addressing the academic issues that caused the identification of the school; and
• explanation of the parental option to transfer their child to another public school;
• the availability of supplemental educational services (if applicable).

The notification must be in an understandable and uniform format and, to the extent practicable, in a language or other mode of communication the parent can understand.

If you have questions about school improvement under NCLB, e-mail nclbnys@mail.nysed.gov or call SED at 518-474-5923 or 518-474-5283 (for areas outside of New York City) or 718-722-2647 (in New York City).

Public School Choice

LEAs must promptly notify parents of all students enrolled in Title I schools identified for school improvement (years 1 and 2) or corrective action that they have the option of transferring their children to another public school served by the LEA that has not been identified for school improvement.

Schools identified on the Title I school improvement/corrective action list as being in SURR (Schools Under Registration Review) status are designated as Title I corrective action schools and must adhere to all requirements for Title I corrective action schools.  

The choice option must be made available to students no later than the first day of the school year following the school’s identification for school improvement.  LEAs must give priority to the lowest achieving children from low-income families when providing students the option to transfer.

LEAs must provide or pay for choice-related transportation.

LEAs must permit a child who has transferred to another school via public school choice to remain in that school until the child has completed the highest grade in that school.  Under NCLB, the LEA’s obligation to provide or pay for choice-related transportation for that child ends at the end of the school year if the child's original school is no longer identified for school improvement or corrective action.  However, Section 3635 of State education law requires LEAs to provide transportation to the school the student has transferred to, subject to mileage limitations and other restrictions of the State law.

There may be circumstances in which public school choice is not available because the school district does not have any other schools at the same grade level that are able to accept transfer students, but the U.S. Department of Education has not provided definitive guidance regarding this possibility.  However, neither draft federal regulations nor the NCLB legislation refer to capacity as a basis for denying public school choice, although preliminary federal guidance does indicate that students may be denied the option to transfer to a school building if the transfer would cause the school building to violate health and safety codes by exceeding its capacity.

If you have questions about public school choice, e-mail nclbnys@mail.nysed.gov or call SED at 518-474-5923 or 518-474-5283 (for areas outside of New York City) or 718-722-2647 (in New York City).

Supplemental Educational Services

LEAs with Title I schools identified for school improvement (year 2) or corrective action are required to arrange for the provision of supplemental educational services to eligible students from a provider with a demonstrated record of effectiveness.  Providers' services must be located within the LEA or be reasonably available.

Schools identified on the Title I school improvement/corrective action list as being in SURR (Schools Under Registration Review) status are designated as Title I corrective action schools and must adhere to all requirements for Title I corrective action schools.  

Providers must be approved by the State Education Department and are selected by the parents.  Upon request, LEAs must assist parents in choosing a provider from the list of approved providers.  LEAs, not parents, are responsible for entering into an agreement with the selected State-approved provider for each student.

The Department's list of approved providers will be updated at least annually.

Supplemental educational services are to be provided to eligible students until the end of the school year.

Federal statute establishes a maximum per-pupil amount that a LEA must make available for supplemental educational services.  If federal funding is not sufficient to cover the expenses of supplemental educational services in a school, then priority must be given to eligible students who are performing at the lowest levels.  

LEAs are not responsible for providing or paying for transportation related to supplemental educational services.

LEAs may not disclose to the public the identity of any student who is eligible for, or receiving, supplemental educational services without the written permission of the student’s parent(s).

LEAs must provide to parents, at a minimum, annual notice of:

• the availability of services;
• the identity of approved providers of services that are within the LEA or whose services are reasonably available; and
• a brief description of the services, qualifications and demonstrated effectiveness of those providers. 

Such notice shall be in an understandable and uniform format and, to the extent practicable, in a language or other mode of communication the parents can understand.

If you have questions about supplemental educational services, e-mail nclbnys@mail.nysed.gov or call SED at 518-474-5283 (for areas outside of New York City) or 718-722-2647 (in New York City).  

LEAs must ensure that all teachers of core academic subjects hired after the first day of the 2002-03 school year and teaching in a program supported by Title I funds are highly qualified.  LEAs must develop a plan to ensure that all teachers teaching in core academic subjects within the LEA are highly qualified by the end of the 2005-2006 school year.

LEAs must also make certain that paraprofessionals hired after January 8, 2002, and providing instructional services in a Title I targeted assistance or schoolwide program meet NCLB requirements. They must have earned a high school diploma or equivalent and:

• completed at least two years of study at an institution of higher education;
• obtained an associate’s (or higher) degree; or
• passed a rigorous formal State or local academic assessment designed to demonstrate knowledge of and the ability to assist in instruction in reading, writing and math, or reading readiness, writing readiness and math readiness.

All existing paraprofessionals hired prior to January 8, 2002, and providing instructional services in a Title I targeted assistance or schoolwide program must meet those same requirements no later than January 8, 2006.

Paraprofessionals in Title I programs whose primary responsibilities are providing translation services to enhance participation of limited English proficient children in the program, or whose duties consist solely of conducting parental involvement activities, are exempted from the qualification requirements.

LEAs must ensure that teachers of limited English proficient students in Title III programs are fluent (have written and oral communications skills) in English and any other language used for instruction.

A series of memos detailing the requirements for teachers and paraprofessionals is available at http://www.highered.nysed.gov/nclbhome.htm.

If you have questions about requirements for teachers and paraprofessionals, e-mail nclbnys@mail.nysed.gov.

At the beginning of each school year, LEAs must notify the parents of each student attending a Title I school that the parents may request information regarding the professional qualifications of the student’s classroom teachers. The notice has to be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand.

Upon request, the LEA must release information in a timely manner regarding the teacher’s State certification and college major(s)/degree(s). If the child is provided services by paraprofessionals, this information must also be included along with the paraprofessional(s) qualifications.

If, at any time during the year, students in schools receiving Title I funds are assigned to or are taught for four or more consecutive weeks by a teacher who is not highly qualified under NCLB, the LEA must notify parents in a timely manner. This notice must be provided to each individual parent to protect the privacy rights of students.

If you have questions about parents right to know under NCLB, e-mail nclbnys@mail.nysed.gov or call SED at 518-474-5283 (for areas outside of New York City) or 718-722-2647 (in New York City).  

No later than 30 days after the beginning of the school year or within two weeks of enrollment, LEAs must notify parents of limited English proficient students identified for participation or who are participating in Title I and Title III language instruction educational programs. 

Parent notification must be in an understandable and uniform format and, to the extent practicable, provided in a language or other mode of communication that the parents can understand.

The notification must include:

• the reasons for the child’s identification as limited English proficient and in need of placement in a language instruction educational program;
• the child’s level of English language proficiency and how it was assessed;
• the status of the child’s academic achievements;
• the methods of instruction used in the program and other available programs, including how such programs differ in content, instructional goals, and the use of English and a native language in instruction;
• how the program will meet the educational strengths and needs of their child;
• how the program will specifically help their child learn English and meet age-appropriate academic standards for grade promotion and graduation;
• the specific exit requirements for the program, including the expected rate of transition from the Title I or Title III funded program into classrooms that are not tailored for limited English proficient students, and the expected rate of graduation from secondary school for this program (if funds are used to support secondary school programs);
• in the case of a child with a disability, how the Title I or Title III program meets the objectives of the child’s individualized education program;
• information pertaining to parental rights that include the following written guidance:
  • detailing parental rights to have a child immediately removed from the program upon request;
  • detailing the options that parents have to decline to enroll their child in such program, or choose another program or method of instruction, if available; and
  • assisting parents in selecting among various programs and methods of instruction, if more than one program or method is offered by the eligible entity.

Under both Title I, Part A and Title III, separate notification must also be provided to parents of limited English proficient students when an eligible entity fails to make progress in annual measurable achievement objectives for students served under Title III.

If you have questions about Title I and Title III programs for limited English proficient students, e-mail nclbnys@mail.nysed.gov or call SED at 518-474-8775.

When a student becomes the victim of a violent criminal offense while in or on the grounds of the public school he or she attends, the school district must notify the student's parents of their right to transfer their child to a safe public school within the district.  

Department Memo
"Providing a Safe Public School Choice to Students Who Have Been Victims of a Violent Criminal Offense"

If you have more questions about safe public school choice, e-mail mchaps@mail.nysed.gov or call SED at (518) 486-6090.

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