TITLE I ACCOUNTABILITY:

GUIDANCE ON THE $225 MILLION

FISCAL YEAR 2001 APPROPRIATION
FOR SCHOOL IMPROVEMENT

Office of Elementary and Secondary Education

April 2001

1
 GUIDANCE ON THE $225 MILLION FY 2001 APPROPRIATION
FOR SCHOOL IMPROVEMENT

As part of the Fiscal Year (FY) 2001 appropriation for Title I of the Elementary and
Secondary Education Act of 1965, Congress targeted $225 million to local educational
agencies for the purpose of carrying out their school improvement and corrective action
responsibilities under section 1116(c) of Title I. The FY 2000 appropriations act included
$134 million for this purpose. The FY 2001 appropriations act provides:
• That $225,000,000 shall be allocated among the States in the same proportion as
funds are allocated among the States under section 1122, to carry out section
1116(c)”;
• That “100 percent of these funds shall be allocated by states to local educational
agencies for the purposes of carrying out section 1116(c)”;
• That “all local educational agencies (receiving school improvement funds), and
all other local educational agencies that are within a state that receives funds
under Part A of Title I of the Elementary and Secondary Education Act of 1965
(other than a local educational agency within a state receiving a minimum grant
under section 1124(d) or 1124A(a)(1)(B) of such Act) shall provide all students
enrolled in a school identified under section 1116(c) with the option to transfer to
another public school within the local educational agency, including a public
charter school, that has not been identified for school improvement under section
1116(c), unless such option to transfer is prohibited by State law, or local law,
which includes school board-approved local educational agency policy”; and
• That “if the local educational agency demonstrates to the satisfaction of the State
educational agency that the local educational agency lacks the capacity to provide
all students with the option to transfer to another public school, and after giving
notice to the parents of children affected that it is not possible, consistent with
State and local law, to accommodate the transfer request of every student, the
local educational agency shall permit as many students as possible (who shall be
selected by the local educational agency on an equitable basis) to transfer to a
public school that has not been identified for school improvement under section
1116(c).”

The purpose of this guidance is to clarify for State education officials, local school
boards, superintendents, and principals the process and criteria by which the U.S.
Department of Education and States may allocate the FY 2001 school improvement
funds, the permissible uses of these funds, and the nature and scope of local educational
agencies’ obligation to implement public school choice. The guidance in this document
does not impose any requirements beyond those specified by the FY 2001 appropriations
act or by other applicable Federal statutes or regulations. While State and local
educational agencies are free to develop alternative approaches to complying with the
appropriations act and other Federal laws, Department officials, including the Inspector
General, will consider State and local recipients that follow this guidance to be in
compliance.

2
According to the Paperwork Reduction Act of 1995, no persons are required to respond to
a collection of information unless such collection displays a valid OMB control number.
The valid OMB control number for this information collection is 1810-0628 and will
expire on 12/31/01. The time required to complete these forms is estimated to average 24
hours per response, including the time to review instructions and complete the
amendment. If you have any comments concerning the accuracy of the time estimate or
suggestions for improving this form, please write to: U.S Department of Education,
Washington, DC 20202-4651. If you have any comments or concerns regarding the status
of your individual submission of this form, write directly to: Office of Elementary and
Secondary Education, U.S. Department of Education, Federal Office Building 6, 400
Maryland Avenue, SW, Washington, DC 20202.

3
INTRODUCTION

The FY 2000 appropriations act responded to the

pressing need to improve educational opportunities
for students in low-performing schools. By MAJOR CHANGES FOR FY
providing new money for local educational 2001
agencies to intervene in low-performing schools
while offering students in those schools the • All local educational agencies
opportunity to transfer to better schools, the FY with one or more Title I
2000 appropriations act reflected the recognition schools identified for
that substantial resources are needed to turn around improvement (which includes
low-performing schools and that, where possible, schools identified for
students should have the opportunity to attend a corrective action) must
better public school right away. School provide all students in those
improvement activities coupled with public school schools the option to transfer
choice comprise a key reform strategy capable of to another public school in the
delivering a high-quality education to all students. district that has not been
identified for improvement.
The FY 2001 appropriations act continues to
support this strategy by appropriating $225 million
for school improvement. Moreover, by expressly • This transfer option must be
requiring any local educational agency with at provided unless State law or
least one Title I school identified for improvement local law, which includes
to provide the opportunity for students in that school board-approved local
school to transfer to a higher-performing public educational agency policy,
school in the district, the new appropriations act prohibits it.
expands this strategy to all local educational
agencies with low-performing Title I schools. As a
result, many local educational agencies will be • The transfer option
implementing school improvement activities and requirement does not apply to
public school choice concurrently, so that all States that receive a minimum
students—both those who transfer out of schools Title I basic or concentration
identified for improvement and those who remain grant.
—learn to high academic standards.

4
Specifically, the FY 2001 appropriations act states that the $225 million Title I
set-aside must be used by local educational agencies “for the purposes of carrying
out section 1116(c).” Section 1116(c) establishes the basic framework through
which States and local educational agencies work collaboratively to bring about
improvement in low-performing schools. It requires local educational agencies to
fulfill a number of responsibilities, including identifying for improvement schools
that fail to make adequate progress for two consecutive years, providing technical
assistance to help schools develop and implement improvement plans, and taking
corrective action to improve schools that fail to make adequate progress for three
consecutive years following identification for improvement.

While the FY 2001 appropriation will provide some local educational agencies
with additional Title I school improvement funds specifically to carry out section
1116(c), it is important to note that local educational agencies are responsible for
carrying out section 1116(c) whether or not they receive these additional funds.
Indeed, section 1003(a) of Title I allows States to devote up to half a percent of
their Title I funds (and, in any event, not less than $200,000) to various school
improvement activities, including helping local educational agencies take
corrective actions to turn around chronically low-performing schools. Moreover,
local educational agencies may use any portion of their regular Title I allocation
to identify, assist, and turn around low-performing schools. The $225 million FY
2001 set-aside supplements these as well as other non-Federal funds for school
improvement, enhancing the capacity of local educational agencies to carry out
their existing section 1116(c) obligations.

The continued infusion of school improvement funds is both timely and

important. Because low-performing schools are often located in high-poverty
communities with inadequate financial and human resources to plan and
implement necessary reforms, States and school districts must provide the critical
impetus and support for change. Currently, however, States and school districts
cannot help all schools that need it. Although local educational agencies
identified 9,195 schools for improvement under Title I in 1997-98, only 47
percent of schools reporting that they had been identified for improvement also
reported that they had received additional professional development or technical
assistance as a result. More recent data reinforces the earlier finding. Among
schools that indicated that they had been identified as in need of improvement in
1999-2000, less than half (40 percent) reported that they had received additional
professional development or other assistance as a result of being identified.
School improvement funds will enable local educational agencies to better fulfill
their responsibility to turn around low-performing schools.

The appropriations act also requires local educational agencies with one or more
Title I schools identified for improvement (which includes schools identified for
corrective action) to provide students in those schools with an option to transfer to
another public school within the agency that is not identified for improvement
unless such option to transfer is prohibited by State law, or local law, which may

5
include school board-approved local educational policy. If a local educational
agency can demonstrate to its State educational agency that it lacks the capacity to
provide a transfer option to all students in schools identified for improvement,
then the local educational agency must provide transfer opportunities to as many
students as possible, selected on an equitable basis. Thoughtfully designed and
carefully implemented, public school choice can provide students in low-
performing schools with better educational opportunities and can increase
parental involvement in education. The public school choice requirement is
discussed in greater detail below.

This guidance consists of questions and answers organized into five sections:
A. Title I School Improvement Requirements
B. Allocation of Funds from the Department to States
C. Allocation of Funds from States to Local Educational Agencies
D. Public School Choice
E. Uses of Funds by Local Educational Agencies and Schools
The guidance also contains several appendices, including helpful resources for
turning around low-performing schools.

* * * *

A. TITLE I SCHOOL IMPROVEMENT REQUIREMENTS

A1. Under Title I, what are a local educational agency’s school

improvement responsibilities?

Title I establishes an accountability framework designed to promote school and

district accountability for student performance. The framework consists of
challenging State academic content standards, student performance standards,
aligned assessments used to measure the progress of schools toward enabling
students to meet State standards, and a system for rewarding successful schools
and districts as well as identifying and intervening in schools and districts that
continually fail to make adequate progress.

Section 1116(c) describes local educational agencies’ responsibilities for

identifying schools for improvement or corrective action, and for pursuing
appropriate interventions. Appendix 3 contains the full text of section 1116(c). Its
key provisions are the following:
• Each local educational agency receiving Title I funds must review
annually the progress of each Title I school to determine whether the

6
 school is making adequate progress toward enabling its students to meet
State standards.
• Each local educational agency must identify for improvement schools that
are not making adequate progress for two consecutive years.
• A school that has been identified for improvement must--
– develop or revise its school plan;
– submit the new or revised plan to the local educational agency for
approval; and
– devote, over two consecutive years, an amount equivalent to 10
percent of its annual Title I allocation to professional development, or
otherwise demonstrate that the school is effectively carrying out
professional development activities.
• Each local educational agency must make available technical or other
assistance to identified schools as they develop and implement their new
or revised plans.
• After providing technical assistance and taking other remediation
measures, a local educational agency may, at any time, take corrective
action to turn around a school identified for improvement.
• A local educational agency must take corrective action to improve schools
that fail to make adequate progress after the third year following
identification for improvement.

A2. Do the school improvement responsibilities under section 1116(c) apply

to local educational agencies that receive none of the school
improvement funds?

Yes. All local educational agencies that receive Title I funds are responsible for
carrying out section 1116(c) regardless of whether they receive school
improvement funds.

A3. What factors should schools and local educational agencies take into
account in developing or reviewing school improvement plans?

A school identified for improvement must develop or revise its school plan in
ways that have the greatest likelihood of improving the performance of
participating children in meeting the State’s student performance standards. The
plan must be developed in consultation with parents, the local educational agency,
and any school support team established by the State under section 1117(c)(1) of
Title I that is assisting the school. The new or revised plan must be submitted to
the local educational agency for approval.

7
Planning for school improvement is a systemic and collaborative process that
involves setting priorities and aligning school operations and all available
resources to enable students to meet existing State and local standards of
performance. School and district staff, parents, and community members together
should review data on student performance in relation to State standards, identify
students’ learning needs, and examine factors that affect the quality of teaching
and learning, such as instructional strategies, resource allocations, professional
development, and the school’s governance and organizational structure. School
and district staff should use the knowledge gained from such analysis to select
research-based strategies that address the needs of teachers and students, with
particular attention to the educational needs of low-performing students. The plan
should include student performance targets and other indicators that can be used
to evaluate the effectiveness of the plan and to make revisions as needed.

Some resources to help schools and districts think through the planning process
are Turning Around Low-Performing Schools (U.S. Department of Education,
1998), which provides detailed information on strategies that have improved
student achievement, classroom practices, and school atmosphere in low-
performing schools, as well as Implementing Schoolwide Programs—An
Ideabook on Planning (U.S. Department of Education, 1998), which describes
effective methods and useful resources for planning schoolwide programs and
measuring their success. To obtain these publications, please call 1-800-USA-
LEARN. In addition, Appendix 4 of this guidance contains the “Continuum of
Evidence of Effectiveness” which poses illustrative questions that States, local
educational agencies, and schools can ask to evaluate the effectiveness of school
reform models.

Schools and districts also should consider the planning process used by schools
that use Title I funds for schoolwide programs or schools that participate in the
Comprehensive School Reform Demonstration (CSRD) program or Reading
Excellence Act (REA) programs. Both the schoolwide and CSRD approaches
take the view that school improvement must address all aspects of school
effectiveness, including rigorous curriculum and high standards, efficient school
governance, solid community-school partnerships, ongoing staff development, up-
to-date technology, and increased parent involvement (see Appendix 5). Local
educational agencies and schools that receive CSRD and REA funds should
consider how these funds, in addition to Class Size Reduction funds and other
Title I funds, may be used together and in coordination with other Federal, State,
local, or private funds to leverage school improvement. Moreover, schools should
consider having their improvement plans peer-reviewed by individuals outside the
school or district, such as school support team members. The peer review process
often serves as a useful mechanism for improving school plans.

8
While a thoughtful and thorough planning process is important, a too lengthy
process can delay implementation of needed changes. Districts and schools
should consider limiting the initial planning period to three months.

A4. When must local educational agencies identify schools for

improvement?

A local educational agency must identify for school improvement any school
served under Title I that—
• has not made adequate yearly progress for two consecutive years, unless
almost every student in such school is meeting the State’s advanced level
of performance; or
• is failing to meet the criteria the State has adopted through its transitional
accountability mechanism for two consecutive years.

A5. If a local educational agency identifies a school for improvement, and if

the school believes the identification is in error, is there anything the
school can do to reverse the decision?

Yes. Before identifying a school for school improvement, the local educational
agency must provide the school with an opportunity to review the school-level
data, including assessment data, on which such identification is based. If the
school believes that such identification was in error for statistical or other reasons,
the school may provide evidence to the local educational agency to support that
belief. The local educational agency should consider such evidence before
making a final decision.

A6. When must local educational agencies take corrective action to turn
around schools identified for improvement?

A local educational agency must take corrective action to turn around schools that
fail to make adequate progress for three years following identification for
improvement. Note that a local educational agency may, after providing technical
assistance and taking other remediation measures, take corrective action at any
time to turn around a school identified for improvement.

A7. What are appropriate corrective actions?

Corrective actions may take many forms, consistent with State and local law. For
example, a local educational agency could implement a new research-based
curriculum, along with appropriate professional development, that offers
substantial promise of improving educational achievement for low-performing
students. Or, a local educational agency could require a school to implement a

9
comprehensive school reform model. Other corrective actions available to a local
educational agency include withholding funds or specifying their use; otherwise
decreasing school-level decision-making authority; reconstituting the school staff;
making alternative governance arrangements such as the creation of a public
charter school; or authorizing students to transfer to other public schools served
by the local educational agency.

A8. May the section 1116(c) requirements for school improvement and
corrective action be waived by the Department?

The basic duties that section 1116(c) imposes on local educational agencies—i.e.,
to identify schools in need of improvement, to develop and implement a school
improvement plan, to provide effective professional development, to provide
technical assistance and other remediation measures, and to take corrective action
to turn around chronically failing schools—may not be waived because they go to
the very intent and purposes of Title I. Specific aspects of how these
requirements are implemented, however, are waivable. For example, the
Department has granted a waiver of section 1116(c)(1)(B) to allow identification
of schools for school improvement on the basis of one year of data, rather than
two consecutive years of data. On the other hand, the Department likely would
not look favorably on a request to waive section 1116(c)(7) to permit schools to
exit school improvement status on the basis of one year of achievement gains,
because one-year gains are generally not sufficient to ensure that systemic
improvement has occurred.

A9. May a State that has been granted Ed-Flex authority waive school
improvement and corrective action requirements?

No. Title I requires the development and implementation of a Statewide

accountability system based on performance against State standards as measured
by the State assessment system. Section 1111 of Title I requires each State to
demonstrate in its State plan the criteria it will use to identify schools and local
educational agencies in need of improvement, and sections 1116 and 1117 set out
requirements to ensure that such schools and local educational agencies receive
sufficient assistance to improve. Ed-Flex authority does not extend to State-level
requirements.

* * * *

10
B. ALLOCATION OF FUNDS FROM THE DEPARTMENT TO STATES

B1. How will the Department allocate school improvement funds to States?

The Department will allocate school improvement funds among States in the
same proportion as funds are allocated among the States under sections 1124
(basic grants) and 1124A (concentration grants) of Title I. Appendix 2 shows the
estimated allocation for each State.

B2. Must a State amend its consolidated plan or Title I application to

receive school improvement funds?

It depends on whether the State has an approved consolidated plan amendment for
FY 2000 school improvement funds.

States with an approved consolidated plan amendment for FY 2000 funds

States that have an approved consolidated plan amendment for FY 2000 school
improvement funds and that will use the same process for distributing FY 2001
funds as they used for the FY 2000 funds simply need to send a letter indicating
this to the Department and providing the following information:

(1) The names of the districts and schools that actually received FY 2000 funds
and the allocation they received;
(2) A description of the interventions that districts and schools have used to
increase student achievement;
(3) The number of students who transferred out of low-performing schools in
districts receiving the FY 2000 school improvement funds as a result of the
transfer requirement in the statute;
(4) The number of school districts that demonstrated to the State they lacked
capacity to provide choice and, for each, the reason they lacked that capacity;
(5) The number of schools receiving school improvement funds that subsequently
met the state’s adequate yearly progress targets, and
(6) The disaggregated achievement data from the school’s performance profile for
each Title I school receiving school improvement funds for the year prior to
receiving the funds and for succeeding years. (Some of this information may
have to be provided at a later time if it is not available at the time of the letter.)

If a State educational agency wants to make significant and relevant changes to

the information it submitted for FY 2000 school improvement funds or in the
administration of these funds, in accordance with section 76.140(b) of the
Education Department General Administrative Regulations, it must submit the
changes to the Department along with the information requested above.

11
States that have not yet submitted an amendment to their consolidated plan for
last year’s FY 2000 school improvement funds

The four States that either have not yet submitted an amendment to their
consolidated plan for last year’s FY 2000 school improvement funds or that have
indicated they will be submitting a revised amendment, must do so. The same
amendment may be used to apply for both FY 2000 and FY 2001 funds. Pursuant
to section 76.140 of the Education Department General Administrative
Regulations, the Department is requiring States to amend their State plans in order
to receive school improvement funds. The amendment may be brief (three to five
pages) and must describe: (1) the criteria the State will use to determine which
local educational agencies, among those eligible (see Question C1), will receive
funds; (2) the criteria the State will use to determine how much each local
educational agency will receive; and (3) the steps the State will take to ensure that
each local educational agency with one or more Title I schools identified for
improvement (including schools identified for corrective action) implements
public school choice consistent with the appropriations statute.

The Department will allocate FY 2000 and FY 2001 funds to any State whose
submission demonstrates: (1) that the criteria the State will use to determine
which local educational agencies will receive funds and how much each will
receive clearly serve the purpose of carrying out section 1116(c) of Title I and are
otherwise consistent with the appropriations act; and (2) that the State will ensure
that each local educational agency with one or more Title I schools identified for
improvement (including schools identified for corrective action) implements
public school choice consistent with the appropriations statute.

Applications or renewal letters should be sent to : Joseph F. Johnson, Jr., Director

Office of Compensatory Education Programs, Office of Elementary and
Secondary Education, 400 Maryland Avenue, S.W., Room 3W230, Washington,
D.C. 20202.

Based on what we have learned from consolidated plan amendments submitted to

date, it is much easier to determine how the proposed selection and allocation
criteria support the purposes of section 1116(c) when an amendment includes a
discussion of how the proposed allocation of school improvement funds relates to
ongoing reform strategies being implemented with regular Title I funds, Reading
Excellence Act funds, Comprehensive School Reform Demonstration funds, or
other Federal, State and local funds. Additionally, in order to clearly demonstrate
that the State will ensure that each local educational agency with one or more
Title I school identified for improvement (including schools identified for
corrective action) implements a public school choice policy consistent with the
appropriations act, the amendment needs to include the criteria the State will use
to determine when a district “lacks the capacity” to provide choice to all students
attending schools identified for improvement and the criteria the State will use to
determine that students are selected for transfer on an equitable basis in such
districts. (See Questions D12 and D15).

12
B3. When will school improvement funds become available to States?

FY 2001 school improvement funds will be available for allocation to States with
approved applications or renewal letters on or about July 1, 2001.

B4. May a State educational agency, pursuant to sections 1003(a) and

1603(c) of Title I, reserve one percent of its allocation of school
improvement funds for State administration or half a percent for State-
level school improvement activities?

No. According to the appropriations statute, 100 percent of the school

improvement funds that a State receives must be allocated to local educational
agencies in the State. This requirement overrides the authority that sections
1003(a) and 1603(c) give to States to reserve funds from the amount they receive
under section 1002(a). However, States may use funds reserved for State
administration under those sections of Title I to administer these school
improvement funds.

B5. May a State educational agency use school improvement funds to meet
its obligations under section 1116(c)(6) to provide technical assistance to
schools or to take corrective action in schools where a local educational
agency has failed to carry out its responsibilities?

No. As noted above, 100 percent of school improvement funds must be allocated
to local educational agencies. A State educational agency must use funds it has
reserved under section 1003(a) for school improvement or under section 1603(c)
for State administration to carry out its responsibilities under section 1116(c)(6).

B6. Will the Outlying Areas and the Bureau of Indian Affairs receive school
improvement funds?

Under section 1121 of Title I, the Outlying Areas and the Bureau of Indian Affairs
will receive one percent of the funds appropriated under section 1002(a), which
include the $225 million set-aside for school improvement.

* * * *

13
C. ALLOCATION OF FUNDS FROM STATES TO LOCAL
EDUCATIONAL AGENCIES

C1. Which local educational agencies are eligible to receive school

improvement funds?

To be eligible to receive school improvement funds, a local educational agency—

• must have one or more schools identified for improvement or corrective
action under section 1116(c) of Title I; and
• must be prepared to offer public school choice consistent with the
appropriations act at the same time that it implements school improvement
activities supported by the school improvement funds (see Section D).
A local educational agency need not itself be identified for improvement in order
to receive funds. Moreover, a local educational agency that has only one school
at a certain grade level or that has identified for improvement all schools at a
certain grade level, and is therefore unable to allow students at that grade level to
transfer to another school not identified for improvement, remains eligible to
receive funds. A local educational agency that otherwise lacks the capacity to
provide a transfer option to all students in schools identified for improvement, as
determined by the State educational agency (see Question D12), also remains
eligible to receive funds.

C2. Is a local educational agency in a State that receives a minimum Basic

or Concentration grant eligible to receive school improvement funds?

Yes. All States that successfully complete the necessary application or renewal
letter will receive school improvement fund. A local educational agency in a such
a State that receives a minimum Basic or Concentration grant is eligible to receive
school improvement funds even though it is not required to offer public school
choice.

C3. How should a State educational agency allocate school improvement

funds to eligible local educational agencies?

Although the appropriations act does not prescribe how States must allocate
school improvement funds to eligible local educational agencies (there is no
minimum or maximum allocation), the method of allocation must clearly serve
the purpose of helping local educational agencies carry out their school
improvement responsibilities under section 1116(c) of Title I (see Question B2).
Accordingly, the Department strongly encourages State educational agencies to
distribute funds in ways that target local educational agencies with the greatest
need for assistance and that provide each recipient with an amount large enough
to make a difference. The 1992 Interim Report of the National Assessment of
Chapter 1 (as Title I was called between 1981 and 1994) made clear that small

14
amounts of funds spread diffusely across many local educational agencies do not
effectively leverage change.
States may allocate funds on a competitive or formula basis, provided that funds
go only to eligible local educational agencies. Among local educational agencies
with at least one school identified for improvement, States should consider
priorities such as these:
• local educational agencies with schools in corrective action;
• local educational agencies with the greatest number or percentage of
schools in school improvement or corrective action;
• local educational agencies with schools that have been in school
improvement or corrective action for the longest period of time;
• local educational agencies with schools farthest from making adequate
yearly progress; and
• local educational agencies with schools that have fared the worst on State
assessments.
Within these priority areas, the Department encourages States to target greater
amounts of funds to local educational agencies with higher numbers or
concentrations of children from families living in poverty.

C4. May a State educational agency allocate school improvement funds to

local educational agencies on the basis of the Title I formula?

States may not allocate these funds to all local educational agencies in the State
according to the Title I formula. That formula distributes funds to local
educational agencies on the basis of poverty, without regard to whether a local
educational agency has identified schools for improvement. Once States have
determined which local educational agencies, among those eligible, will receive
school improvement funds (see Question C2), States then may allocate funds by
formula, including a poverty-based formula, to those local educational agencies.

C5. Must a State educational agency allocate funds to every local

educational agency with schools identified for improvement or
corrective action?

No. Indeed, in many States the amount of funds likely will not be sufficient for
the State educational agency to provide each eligible local educational agency
with enough funds to make a significant impact. Nevertheless, regardless of
whether it receives school improvement funds, each local educational agency is
still responsible for carrying out its school improvement responsibilities under
section 1116(c).

15
C6. Must a State educational agency seek advice from its Committee of
Practitioners regarding the criteria it will use to allocate school
improvement funds?

Yes. By statute, a State’s Committee of Practitioners, the majority of whom must

represent local educational agencies, is designed to provide State educational
agencies with a wide range of viewpoints on rules, regulations, or binding policies
that will affect local educational agencies’ implementation of Title I programs.
The Committee is thus well-suited to provide input on a State’s criteria for
allocating school improvement funds.

C7. May a State educational agency require its local educational agencies to
amend their local plans to explain how they will use school
improvement funds?

Yes. The Department encourages State educational agencies to require local

educational agencies that seek funding to describe--
• the technical assistance they will provide under section 1116(c)(4) to
schools identified for improvement;
• the corrective actions they will take under section 1116(c)(5), where
appropriate; and
• the plan they will implement to offer public school choice to students in
Title I schools identified for improvement or corrective action.

C8. If a State educational agency denies a local educational agency’s

application for funding, may the local educational agency appeal?

Yes. In programs administered by the Department, section 432 of the General

Education Provisions Act provides local educational agencies with a right of
appeal in disagreements between State and local educational agencies, including
disagreements over funding decisions. Where a local educational agency alleges
that the denial of funding is “a violation of State or Federal law, rules, regulations,
or guidelines governing the applicable program,” it may, within 30 days, request a
hearing from the State educational agency. Once the hearing is held and the State
educational agency issues its written ruling, the local educational agency may
appeal a negative ruling to the Secretary.

16
C9. May a local educational agency refuse to accept school improvement
funds?

Yes. However, regardless of whether a local educational agency receives school

improvement funds, it is still responsible for carrying out its school improvement
responsibilities under section 1116(c). Additionally, all local educational
agencies with one or more schools identified for improvement, (except for a local
educational agency in a State receiving the minimum Title I allocation) must
provide the option for students to transfer from those schools to public schools in
the local educational agency that are not identified for improvement, unless such
option to transfer is prohibited by State or local law, which includes school board-
approved local educational agency policy (see Questions D2, D12, and D15).

C10. How long are school improvement funds available for

obligation?

School improvement funds are available for obligation by local educational

agencies for a maximum of 27 months. They will become available to the
Department on July 1, 2001 and will be allocated to States on or about that date.
They remain available for obligation by local educational agencies under the
initial period of availability for 15 months (until September 30, 2002). Under
section 421(b) of the General Education Provisions Act, any funds that remain
unobligated may be carried over for obligation for an additional 12 months (until
September 30, 2003).

C11. Must a local educational agency account separately for its school
improvement funds?

With the exception of school improvement funds used in schoolwide program

schools, a local educational agency must account for school improvement funds
separately because those funds were appropriated for a specific purpose. School
improvement funds used in a school operating a schoolwide program may be
combined with the other Federal funds being used in the schoolwide program to
carry out the school’s plan. Of course, such a school would need to demonstrate
that it is continuing to meet its responsibilities under section 1116(c).

* * * *

17
D. PUBLIC SCHOOL CHOICE

D1. What is the purpose of the public school choice requirement?

Public school choice, as required by the FY 2001 appropriations act, offers

students in low-performing schools an opportunity to attend higher-quality
schools, even as the low-performing schools are being improved. Together,
school improvement activities and public school choice provide all students with
the opportunity to learn to high standards. When all students—including students
with disabilities and limited English proficient students—are provided high-
quality educational options, and when all parents receive enough information to
make intelligent choices among those options, public school choice can increase
both equity and excellence in education.

D2. Which local educational agencies are required to implement public

school choice?

Any local educational agency that has one or more Title I schools identified for
improvement (including schools identified for corrective action) must implement
public school choice. Only local educational agencies in States that receive a
minimum Basic or Concentration grant are exempted from this requirement.

Note: This requirement is different from that in the FY 2000 appropriation

act, which only required local educational agencies that received school
improvement funds to implement public school choice.

D3. What is the basic obligation that the public school choice requirement
imposes on local educational agencies with Title I schools identified for
improvement?

Any local educational agency that has at least one Title I school identified for
school improvement must, as the appropriations act expressly directs, “provide all
students enrolled in a school identified [for school improvement] with the option
to transfer to another public school within the local educational agency, including
a public charter school, that has not been identified for school improvement.”
Where a local educational agency “lacks the capacity” to offer choice to all
students in low-performing schools (see Question D12), the local educational
agency must “permit as many students as possible,” selected on an “equitable
basis,” to transfer to a school not identified for improvement (see Question D15).
The appropriations statute thus makes clear that the basic obligation of each local
educational agency with at least one Title I school in improvement is to provide as

18
many students in low-performing schools as possible with a choice to attend a
public school within the local educational agency not identified for improvement.

D4. Are there exceptions to the basic requirement to provide public school
choice?

Yes. A local educational agency in a State that will receive a minimum basic or
concentration grant for school year 2001-02 is not required to provide students in
Title I schools identified for improvement with the option to transfer to another
public school. In addition, a local educational agency is not required to provide
public school choice if such option is prohibited by State law or local law,
including school board-approved local policy.

D5. Which States will receive a minimum basic or concentration grant?

The States receiving a minimum basic or concentration grant vary from year to
year depending on changes in the number of formula children and the amount of
the Title I appropriation. For the 2001-02 school year, the States receiving
minimum grants are Delaware, New Hampshire, North Dakota, South Dakota,
Vermont, and Wyoming.

D6. Must local educational agencies that provided public school choice in
the 2000-01 school year as the result of receiving Title I school
improvement funds continue to do so if they are located in a State that
will receive a minimum basic or concentration grant for the 2001-02
school year?

No. However, while the public school choice requirements do not apply to local
educational agencies in States receiving minimum basic or concentration grants,
the Department strongly encourages local educational agencies to pursue policies
that ensure stability and continuity in students’ educational experiences. (See
Question D17).

D7. When does the Department expect local educational agencies to

implement public school choice?

The Department expects local educational agencies to offer public school choice
to students in Title I schools identified for improvement by the beginning of the
2001-02 school year.

D8. If a local educational agency with one or more Title I schools in

improvement does not receive school improvement funds from the FY
2001 appropriations, may it use its regular Title I funds to provide
public school choice?

19
Yes. A local educational agency that does not receive a grant from the $225
million FY 2001 appropriation for school improvement, as well as one that does
receive such funds, may use its regular Title I funds to provide public school
choice, provided such use is reasonable and necessary and does not supplant State
and local funds. See Questions E1, E3, E5, and E6.

D9. What flexibility do local educational agencies have in designing their

choice programs?

The appropriations act requires local educational agencies to provide students in

low-performing Title I schools with “the option to transfer to another public
school within the local educational agency … that has not been identified for
school improvement.” Although receiving schools must be schools that have not
been identified for improvement, local educational agencies are not required to
provide students in low-performing schools with the option to choose among all
schools not identified for improvement. Local educational agencies thus have
flexibility under the statute to determine which schools, among those not
identified for improvement, will comprise the range of alternatives for students
eligible to transfer.

Two key principles circumscribe the flexibility that local educational agencies
have in determining this range. First, as the appropriations act makes clear (see
Question D3), local educational agencies must provide as many students in low-
performing schools as possible with an option to transfer to a higher-quality
school. The Department expects each local educational agency with one or more
Title I schools identified for improvement to provide students in those schools
with real alternatives for obtaining a better education. Second, a local educational
agency’s choice program must not deny any student equal educational opportunity
on the basis of race, color, national origin, sex, disability, or age. In general,
Federal civil rights laws require local educational agencies to implement choice in
a way that guarantees equal educational opportunity for all students, including
limited English proficient students and students with disabilities. In addition,
qualified students with disabilities are entitled to a free appropriate public
education. See Question D18 for additional information on civil rights
requirements.

To the extent consistent with the principles above, a local educational agency
may, in determining its approach to implementing choice, take into account its
ability to provide transportation and to conduct outreach to parents so that they
have sufficient information to make timely, intelligent choices among schools. A
local educational agency also may take into account its obligations under State or
local laws, including laws related to enrollment or class size reduction. In view of
these considerations, a local educational agency may take any of several
approaches to implementing public school choice, including (where consistent
with the two principles above) dividing the district into attendance zones and

20
providing students in low-performing schools with the option to transfer to
higher-quality schools within each zone.

D10. May public charter schools be included in the range of school choices
offered by local educational agencies?

Yes. A local educational agency may provide students in schools identified for
improvement an option to transfer to public charter schools located within the
local educational agency, as long as such schools have not been identified for
improvement. Public charter schools should be among the schools that a local
educational agency considers in determining the range of school choice available.

D11. May a local educational agency provide eligible students with an option
to transfer to schools outside of the district?

Yes. A local educational agency may provide such an option if it has developed
cooperative agreements with other local educational agencies in the area or if it is
otherwise authorized to do so by State or local law. However, the appropriations
statute does not require local educational agencies to provide such an option; it
only directs local educational agencies to provide an option to transfer to another
public school “within the local educational agency.”

D12. Under what circumstances does a local educational agency “lack the
capacity” to provide all students in low-performing schools with an
option to transfer?

The Department recognizes that local educational agencies may not be able to
provide a transfer option to every student in Title I schools identified for
improvement in the 2001-02 academic year due to limited time or resources for
parent outreach and transportation, limited space in schools not identified for
improvement, or competing obligations under State or local laws (for example,
laws related to enrollment or class size reduction). Indeed, some local educational
agencies currently implement public school choice programs that provide transfer
options to many, though not all, students in low-performing Title I schools. Under
the appropriations statute, a local educational agency may provide choice to fewer
than all eligible students if it demonstrates “to the satisfaction of the State
educational agency” that it “lacks the capacity” to provide all students with an
option to transfer to a public school not identified for improvement. A local
educational agency may make this showing in its local plan amendment
requesting school improvement funds.(see Question C5).

State educational agencies are responsible for determining whether a local

educational agency “lacks capacity” and may take into account the factors
mentioned above. However, the Department strongly cautions State and local

21
educational agencies that allowances for limited capacity must not undermine the
fundamental purpose of the choice requirement: to provide students in low-
performing schools with opportunities to attend higher-quality schools. In other
words, “lack of capacity” may not be interpreted so broadly as to permit local
educational agencies to avoid their basic obligation to provide choice to as many
students as possible. Nor may “lack of capacity” be interpreted to frustrate civil
rights requirements, including the guarantee of equal educational opportunity for
all students and the provision of a free appropriate public education to qualified
students with disabilities (see Question D18).

D13. What if all schools within a local educational agency that are grade-
appropriate for students eligible to transfer have been identified for
improvement?

In such cases, the local educational agency clearly and legitimately lacks the
capacity to provide any students in low-performing schools with an option to
transfer to a school within the local educational agency that has not been
identified for improvement. Such a local educational agency remains eligible to
receive school improvement funds (see Question C1) and, if possible, may
provide students with an option to transfer to schools outside of the local
educational agency (see Question D11).

D14. Must a local educational agency notify parents when it is unable to

provide a transfer option for all eligible students?

Yes. Where it is not possible, consistent with State and local law, to accommodate
the transfer request of every student, the appropriations act requires local
educational agencies to notify the parents of children who are affected.

D15. Where a local educational agency lacks the capacity to accommodate

every transfer request, what constitutes an “equitable basis” for
selecting students for transfer?

To the extent that choice is a strategy for helping educationally disadvantaged

students, an “equitable” method of selecting students for transfer may be to give
priority to the lowest-performing students, to students in the lowest-performing
schools, or to students who have attended low-performing schools the longest
time. Alternatively, consistent with the statute authorizing the Federal Public
Charter School Program, a random lottery may be an “equitable” method of
selecting students when not all students can be accommodated. Whatever the
“equitable basis” for selecting students, it must be consistent with Federal civil
rights law (see Question D18).

22
D16. Could an existing State or local policy that provides for open
enrollment or public school choice satisfy the requirement in the
appropriations statute?

Yes. Such a policy clearly satisfies the choice requirement if it allows all students
in Title I schools identified for improvement to transfer to another school within
the local educational agency not identified for improvement. Moreover, the intent
of the appropriations act is not to undo existing choice policies that provide
transfer options for many, even if not all, students in low-performing schools.
Thus, even if an existing policy does not provide all eligible students with a
transfer option, it still may satisfy the choice requirement, provided (1) that the
State educational agency is satisfied that a local educational agency implementing
the policy lacks the capacity to provide a transfer option to all eligible students,
(2) that the local educational agency notifies parents of affected children that it is
not possible, consistent with State and local law, to accommodate every transfer
request, and (3) that within its limited capacity, the local educational agency
permits as many students as possible, selected on an equitable basis, to transfer.

D17. For how long must local educational agencies continue to implement
public school choice?

Although the choice requirement does not extend beyond the period for which
FY 2001 school improvement funds are available, the Department expects local
educational agencies to pursue choice policies that ensure stability and continuity
in students’ educational experiences. Where students have transferred from one
school to another under a choice policy implemented pursuant to the
appropriations statute, the Department strongly encourages local educational
agencies to allow those students to remain in the receiving school until they finish
the top grade of that school, even if their original school improves and is no
longer identified for school improvement.

D18. How do Federal civil rights laws apply to local educational agencies
implementing public school choice?

A local educational agency must ensure that its public school choice program, like
all of its educational programs, does not discriminate on the basis of race, color,
national origin, sex, disability, or age, consistent with Title VI of the Civil Rights
Act of 1964, Title IX of the Education Amendments of 1972, section 504 of the
Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990
(ADA), and the Age Discrimination Act of 1975. Fundamentally, the choice
program must provide equal educational opportunities for all eligible students.

In addition, local educational agencies must provide students with disabilities

with a free appropriate public education consistent with the Individuals with
Disabilities Education Act, section 504, and Title II of the ADA. In some cases,

23
local educational agencies must provide transportation and must ensure that
facilities in receiving schools are accessible so that students with disabilities have
equal access to the range of school choices available to other students. The duty
not to discriminate also requires local educational agencies to ensure effective
communication with limited English proficient parents and parents with
disabilities, so that these parents have the same opportunity as other parents to
make timely, informed choices. Moreover, a local educational agency must
ensure that its choice program is consistent with applicable civil rights
commitments regarding student assignments, including desegregation plans or
court orders. For more information on these and other civil rights requirements,
please contact the Department’s Office for Civil Rights or the Department of
Justice’s Civil Rights Division.

* * * *

E. USES OF FUNDS BY LOCAL EDUCATIONAL AGENCIES AND

SCHOOLS

E1. What are the permissible uses of school improvement funds?

Local educational agencies and schools must use school improvement funds to
carry out the school improvement and corrective action responsibilities described
in section 1116(c). Funds may be used to cover any reasonable costs. For
example, schools may use funds to develop and implement school improvement
plans, to conduct required professional development, to strengthen curriculum,
and to enhance parental involvement. As part of a school improvement plan,
schools also may use funds to expand, enhance, or build upon reform strategies
already underway. For example, in the case of a school that is implementing
school reform strategies during the regular school day using regular Title I or
other Federal, State or local funds, school improvement funds might be used to
implement related extended-time programs such as before- and after-school or
summer school programs

Local educational agencies may use funds to provide technical assistance to

schools as they develop and implement school improvement plans and, where
appropriate, to take corrective actions. Technical assistance may be provided
directly by the local educational agency or, with the local educational agency’s
approval, by an institution of higher education, a private non-profit organization,
an educational service agency, or one of the Department’s Comprehensive
Regional Assistance Centers.

A local educational agency also may use these funds to carry out the requirement
that it provide students who attend schools identified for improvement with the
option to transfer to another public school within the local educational agency that
has not been identified for improvement. In particular, funds may be used for

24
parent outreach costs and, with some limitations, for transportation costs (see
Questions E3 and E6).

E2. How does the use of Title I school improvement funds differ from the use
of the funds which the FY 2001 appropriations act provided as a State
set-aside to help States meet the requirement of Section 1111(b) of Title I
for State eligibility for the Ed-Flex Partnership Act of 1999.

The two pots of funds are related in that they both address accountability systems.
However, they are targeted at different parts of that system. Title II funds are
allocated to State educational agencies to support the implementation and revision
of their standards, assessments and accountability systems. As indicated above,
Title I school improvement funds are directed to local educational agencies to
carry out the school improvement and corrective action responsibilities described
in section 1116(c).

E2. May school improvement funds be used to benefit schools that receive
students transferring from Title I schools identified for improvement?

No. Receiving schools are schools that have not been identified for improvement.
They are not the intended beneficiaries of school improvement activities under
section 1116(c). Moreover, Title I dollars and services do not follow a child who
transfers from a Title I school identified for improvement to a non-Title I school.
(See Question E8 for information about Title I allocations when a student
transfers to a Title I school.)

E3. Does the Title I “supplement not supplant” requirement apply to the
use of school improvement funds?

Yes. Like other Title I funds, school improvement funds must be used to
supplement the level of funds that, in the absence of the Title I funds, would be
made available from non-Federal sources for the education of children
participating in Title I programs. For example, if a local educational agency is
required by State or local law to provide transportation to students who choose to
transfer to another school under an existing choice plan, it may not use school
improvement funds to supplant the State or local funds that it otherwise would use
to provide transportation, even though transportation costs generally are an
allowable use of school improvement funds.

E4. Who primarily should decide how school improvement funds are spent
—schools or local educational agencies?

It depends. Where a State has targeted its school improvement funds to local
educational agencies with schools in corrective action, local educational agencies

25
may want to retain control of the funds in order to take forceful steps toward
improving persistently low-performing schools. By comparison, where a local
educational agency is working with a school newly identified for improvement, it
may want to allocate funds directly to the school so that school officials may take
the lead in developing and implementing an improvement plan. School
improvement efforts ultimately involve buy-in and reform at the school level, but
they also benefit from ongoing district-level support and, at times, require district-
initiated intervention. The proper allocation of control will depend on the
circumstances within a particular local educational agency—the degree to which
its schools are under performing, whether the under performance is due to lack of
resources or inefficient use of resources, and what capacity its schools have to use
new funds effectively. Whatever the distribution of control, local educational
agencies must ensure that both they and their schools have sufficient funds to
carry out their respective responsibilities under section 1116(c).

E5. May local educational agencies use a portion of school improvement

funds for administrative costs?

In general, a local educational agency may use a portion of its Title I funds for
reasonable and necessary administrative costs incurred in implementing Title I
programs. Because a local educational agency is responsible for carrying out
activities required by section 1116(c), notwithstanding its receipt of new school
improvement funds, presumably it is already using some of its Title I funds to
cover administrative costs associated with section 1116(c) activities. Those
administrative funds should be sufficient to cover costs associated with
administering any new school improvement funds. Where a local educational
agency initiates a public school choice policy or program in order to comply with
the appropriations statute, it may use a portion of the new school improvement
funds to cover reasonable and necessary administrative costs associated with
planning and implementation. Of course, where a local educational agency is
already implementing an open enrollment or choice policy consistent with the
appropriations statute, it may not use new school improvement funds to supplant
funds already used to cover administrative costs.

E6. May school improvement funds be used to pay for transportation costs
associated with the public school choice requirement?

Yes. Title I explicitly authorizes the use of funds for transportation costs when
public school choice is implemented as a corrective action. A local educational
agency must take at least one corrective action to turn around a school that fails to
make adequate progress for three consecutive years following identification for
improvement, and it may take any corrective action to turn around a school
identified for improvement at any time after it has provided technical assistance
and taken other remediation measures to help that school. Thus, the new school
improvement funds may be used for transportation costs associated with

26
transferring students not only out of schools subject to mandatory corrective
action, but also out of schools identified for improvement as long as the local
educational agency has first provided assistance to such schools.

A local educational agency would frustrate the intent of the appropriations statute
if it spent all of its school improvement funds on transportation instead of school
improvement activities. However, it may use these funds to cover transportation
costs necessary to implement public school choice fairly and effectively, subject
to two limitations. First, in a targeted assistance school, transportation may only
be provided for students who receive Title I services. Second, the costs to Title I
must be supplemental to the transportation costs the local educational agency
would otherwise incur. For example, if a local educational agency currently
transports a child two miles to attend a school identified for improvement, Title I
funds may be used only to pay for the additional cost of transporting the child to a
school not identified for improvement (i.e., the amount beyond what is already
being spent to transport that student to the identified school). Local educational
agencies, especially those with existing open enrollment programs, should
consider whether transportation costs are already covered through another source,
so that school improvement funds will be used only for purposes not currently
funded.

E7. What is the proper balance between using school improvement funds to
implement public school choice and using the funds to support school
improvement activities?

The proper distribution of funds between school improvement and public school
choice activities may be different for each local educational agency, depending on
the resources, policies, and activities already in place. The Department
encourages States to ensure that each local educational agency receiving funds
has sufficient total resources (Federal, State, and local) to effectively fulfill both
its school improvement responsibilities under section 1116(c) and its obligation to
provide public school choice under the appropriations statute. Note that the
appropriations statute, while requiring public school choice, does not require local
educational agencies to use school improvement funds for that purpose. As
mentioned earlier, local educational agencies currently implementing State or
local open enrollment policies may already meet the public school choice
requirement (see Questions D16 and E3).

27
E8. If a child transfers out of her or his school of residence under a choice
plan, should a local educational agency include that child (a) in the
count of children used to determine the Title I allocation to the school of
residence, or (b) in the count used to determine the Title I allocation to
the school of enrollment?

In general, Title I eligibility and Title I allocations of basic and concentration

grant funds are based on the count of poor children who reside in the school
attendance area of a given school. A local educational agency may also designate
as eligible and serve a school that is not in an eligible attendance area if the
percentage of poor children enrolled in the school is equal to or greater than the
percentage of poor children in a participating school attendance area.
Accordingly, a local educational agency should include children who transfer as
part of the count of children in the school attendance area of residence—unless
the local educational agency uses enrollment to identify and serve one or more
schools. This general rule could be superseded, however, by a State law that, for
example, defines a child’s school of residence as the child’s school of choice.

E9. May school improvement funds be used to improve Title I programs for
eligible children in private schools?

Yes. As summarized in the Title I Policy Manual, if an LEA determines that its
Title I program serving private school children has not made adequate progress
for two consecutive school years, the LEA must develop a program improvement
plan that has the greatest likelihood of improving the performance of participating
children in meeting the State’s student performance standards. Accordingly, the
LEA may use school improvement funds to improve its Title I program for private
school children.

E10. May funds be used to support a school that does not participate in Title
I but whose lack of progress would qualify it for school improvement
under section 1116(c)?

No. Only Title I schools identified for school improvement or corrective action
under section 1116(c) may receive school improvement funds.

* * * *

28
APPENDIX 1—FY 2001 TITLE I APPROPRIATIONS ACT

Public Law 106-554

EDUCATION FOR THE DISADVANTAGED

For carrying out title I of the Elementary and Secondary Education Act of
1965, and section 418A of the Higher Education Act of 1965, $9,532,621,000, of
which $2,731,921,000 shall become available on July 1, 2001, and shall remain
available through September 30, 2002, and of which $6,758,300,000 shall become
available on October 1, 2001 and shall remain available through September 30,
2002, for academic year 2001-2002: Provided, That $7,332,721,000 shall be
available for basic grants under section 1124: Provided further, That
$225,000,000 of these funds shall be allocated among the States in the same
proportion as funds are allocated among the States under section 1122, to carry
out section 1116(c): Provided further, That 100 percent of these funds shall be
allocated to local educational agencies for the purposes of carrying out section
1116(c); Provided further, That all local educational agencies receiving an
allocation under the preceding proviso, and all other local educational agencies
that are within a State that receives funds under part A of title I of the Elementary
and Secondary Education Act of 1965 (other than a local educational agency
within a State receiving a minimum grant under section 11124(d) or
1124A(a)(1)(B) of such Act), shall provide all students enrolled in a school
identified under section 1116(c) with the option to transfer to another public
school within the local educational agency, including a public charter school, that
has not been identified for school improvement under section 1116(c), unless such
option to transfer is prohibited by State law, or local law, which includes school
board-approved local educational agency policy: Provided further, That if the
local educational agency demonstrates to the satisfaction of the State educational
agency that the local educational agency lacks the capacity to provide all students
with the option to transfer to another public school, and after giving notice to the
parents of children affected that it is not possible, consistent with State and local
law, to accommodate the transfer request of every student, the local educational
agency shall permit as many students as possible (who shall be selected by the
local educational agency on an equitable basis) to transfer to a public school that
has not been identified for school improvement under section 1116(c).

* * * *

29
APPENDIX 2—ESTIMATED ALLOCATION TO EACH STATE

FY 2001 Grants to
States for Title I
Accountability
(APPROPRIATION)
18-Apr-01

SY 2001-
2002
Allocation

NATIONAL TOTALS 225,000,000

ALABAMA 3,563,173
ALASKA 614,297
ARIZONA 3,660,264
ARKANSAS 2,217,090
CALIFORNIA 30,767,255
COLORADO 2,091,728
CONNECTICUT 2,230,719
DELAWARE 602,947
DIST. COLUMBIA 708,666
FLORIDA 10,676,635
GEORGIA 6,681,928
HAWAII 686,349
IDAHO 707,047
ILLINOIS 9,510,644
INDIANA 3,426,950
IOWA 1,465,942
KANSAS 1,630,619
KENTUCKY 3,478,207
LOUISIANA 5,100,713
MAINE 864,807
MARYLAND 3,303,531
MASSACHUSETTS 4,819,197
MICHIGAN 9,302,102
MINNESOTA 2,535,941
MISSISSIPPI 3,322,344
MISSOURI 3,742,896
MONTANA 752,164
NEBRASKA 875,964
NEVADA 862,349
NEW HAMPSHIRE 577,187

30
 NEW JERSEY 5,573,536
NEW MEXICO 1,824,434
NEW YORK 21,907,879
NORTH CAROLINA 4,588,294
NORTH DAKOTA 563,606
OHIO 8,092,339
OKLAHOMA 2,698,644
OREGON 2,041,700
PENNSYLVANIA 9,219,860
PUERTO RICO 7,119,381
RHODE ISLAND 720,014
SOUTH CAROLINA 2,983,911
SOUTH DAKOTA 565,919
TENNESSEE 3,657,645
TEXAS 18,451,715
UTAH 996,614
VERMONT 479,614
VIRGINIA 3,684,481
WASHINGTON 3,143,574
WEST VIRGINIA 1,963,796
WISCONSIN 3,432,551
WYOMING 510,838

31
APPENDIX 3—SECTION 1116(c) OF TITLE I (codified at 20 U.S.C. §
6317(c))

(c) SCHOOL IMPROVEMENT.—

(1) IN GENERAL.—A local educational agency shall identify for school
improvement any school served under this part that—
(A) has been in program improvement under section 1020 of the
Elementary and Secondary Education Act of 1965 (as such section was in
effect on the day preceding October 20, 1994), for at least two consecutive
school years prior to such day;
(B) has not made adequate progress as defined in the State's plan under
section 6311(b)(2)(A)(i) of this title for two consecutive school years, except
that—
(i) this subparagraph shall not apply to a school if almost every student
in such school is meeting the State's advanced level of performance; or
(ii) in the case of a targeted assistance school, such school may be
reviewed on the progress of only those students that have been or are
served under this part; or
(C) has failed to meet the criteria established by the State through the
State’s transitional procedure under section 6311(b)(7)(B) of this title for two
consecutive years.
(2) REQUIREMENT.—
(A) Each school identified under paragraph (1) shall—
(i) in consultation with parents, the local educational agency, and
the school support team, develop or revise a school plan in
ways that have the greatest likelihood of improving the
performance of participating children in meeting the State’s
student performance standards; and
(ii) submit the plan or revised plan to the local educational agency for
approval.
(B) Before identifying a school for school improvement under paragraph
(1), the local educational agency shall provide the school with an opportunity
to review the school-level data, including assessment data, on which such
identification is
based. If the school believes that such identification for school improvement is
in error for statistical or other substantive reasons, such school may provide
evidence to the local educational agency to support such belief.
(C) During the first year immediately following such identification, the
school shall implement such school’s plan or revised plan.

32
(3) PROFESSIONAL DEVELOPMENT.—
(A) Each school identified under paragraph (1) shall, as part of the school
plan under paragraph (2), improve the skills of its staff by providing effective
professional development activities. A school shall demonstrate such school’s
compliance with this paragraph by—
(i) devoting to such activities, over two consecutive years, an amount
equivalent to at least 10 percent of the funds received by the school under
this part during one fiscal year; or
(ii) otherwise demonstrating that such school is effectively carrying
out professional development activities.
(B) A school may use funds from any source to meet the requirements of
this subsection.
(C) Decisions about how to use the funds made available under this part
which the school makes available for professional development shall be made
by teachers, principals, and other school staff in that school.
(4) TECHNICAL ASSISTANCE.—
(A) For each school identified under paragraph (1), the local educational
agency shall provide technical or other assistance as the school develops and
implements such school’s plan or revised plan, such as a joint plan between
the local educational agency and school that addresses specific elements of
student performance problems and that specifies school and local educational
agency responsibilities under the plan, and waivers or modifications of
requirements of local educational agency policy or regulation that impede the
ability of the school to educate students.
(B) Such technical assistance may be provided directly by the local
educational agency, through mechanisms authorized under section 6318 of
this title, or with the local educational agency’s approval, by an institution of
higher education, a private nonprofit organization, an educational service
agency, a comprehensive regional assistance center under part A of subchapter
XIII of this chapter, or other entities with
experience in helping schools improve achievement.
(5) CORRECTIVE ACTION.—
(A) Except as provided in subparagraph (C), after providing technical
assistance pursuant to paragraph (4) and taking other remediation measures,
the local educational agency may take corrective action at any time against a
school that has been identified under paragraph (1), but, during the third year
following identification under paragraph (1), shall take such action against
any school that still fails to make adequate progress.

33
 (B)(i) Corrective actions are those, consistent with State and local law,
determined and made public and disseminated by the local educational
agency, which may include—
(I) withholding funds;
(II) interagency collaborative agreements between the school and
other public agencies to provide health, counseling, and other social
services needed to remove barriers to learning;
(III) revoking authority for a school to operate a schoolwide
program;
(IV) decreasing decisionmaking authority at the school level;
(V) making alternative governance arrangements such as the
creation of a public charter school;
(VI) reconstituting the school staff; and
(VII) authorizing students to transfer, including transportation
costs, to other public schools served by the local educational agency.
(ii) Notwithstanding clause (i), corrective actions taken pursuant to this
part shall not include the actions described in subclause (I), (III), (IV),
(VI), or (VII) of clause (i) until the State has developed assessments that
meet the requirements of
subparagraph (C) of section 6311(b)(3) of this title.
(C) Prior to implementing any corrective action, the local educational
agency may refrain from such corrective action for one additional year to the
extent that the failure to make progress can be attributed to extenuating
circumstances as determined by the local educational agency.
(D) A school that is no longer operating its schoolwide program due to a
corrective action may not resume operation of such a program until the local
educational agency determines that the school has adequately reformed its
schoolwide program plan to enable the school to make adequate progress
toward meeting the State’s challenging student performance standards.
(6) STATE EDUCATIONAL AGENCY RESPONSIBILITIES.—The State
educational agency shall—
(A) make technical assistance under section 6318 of this title available to
the schools farthest from meeting the State’s challenging student performance
standards, if requested by the school or local educational agency; and
(B) if such agency determines that a local educational agency failed to
carry out the local educational agency’s responsibilities under paragraphs (4)
and (5), take such
corrective actions as the State educational agency deems appropriate and
which are in compliance with State law.

34
 (7) SPECIAL RULE.—Schools that, for at least two of the three years
following identification under paragraph (1), make adequate progress toward
meeting the State’s proficient and advanced levels of performance shall no longer
need to be identified for school improvement.

* * * *

35
 APPENDIX 4—CONTINUUM OF EVIDENCE OF EFFECTIVENESS

Most Rigorous Somewhat Rigorous Marginal

Theory/Research Does the model explain the Does the model state the Does the model explain the
theory behind its design, theory behind its design theory behind its design?
Foundation including references to the explaining how the model's
scientific literature, that components reinforce one
elucidate why the model another to improve student
improves student achievement?
achievement?

Evaluation-based Have student achievement Have student achievement Have student achievement
gains been shown using gains been shown using gains been shown for a single
Evidence of experimental and control between or within-school school?
Effectiveness groups created through large- comparisons?
scale random assignment or
carefully matched
comparison groups?

Has the model produced Has the model produced Has the model produced
educationally significant pre student achievement gains improvements on other
and post intervention student relative to district means or indicators of student
achievement gains as reliably other comparison groups performance, e.g., student
measured using appropriate using appropriate assessment attendance, graduation rates,
assessments? instruments? or student engagement?

Have the student achievement Have the student achievement Have other indicators of
gains been sustained for three gains been sustained for one improved student
or more years? or two years? performance been sustained
for one or two years?

Have the student achievement Has the model been evaluated Has the model been evaluated
gains been confirmed through by a State, district, or school by its developers?
independent, third-party evaluation team?
evaluation?

36
Implementation Has the model been fully Has the model been fully Has the model been fully
implemented in multiple sites implemented in the original implemented in the original
for more than three years? site(s) for more than three pilot site(s) for a minimum of
years? one school year?

Is documentation available Is documentation available Is documentation available

that clearly specifies the that attempts to describe the that provides a general
model’s implementation implementation requirements description of the program’s
requirements and procedures, of the model including staff requirements?
including staff development, development, curriculum,
curriculum, instructional instruction methods,
methods, materials, materials, and assessments?
assessments, and costs?

Are the costs of full Have the costs of full Is documentation available
implementation clearly implementation been that provides general
specified? Are the costs of estimated? Does the estimate information about the
materials, staff development, of the program's purchase program’s costs?
and additional personnel price include costs of
included in the program’s materials, staff development,
purchase price? and additional personnel?

Has the model been Has the model been Is information on grade level,
implemented in schools with successfully implemented in size, student demographics,
characteristics similar to the at least one school with poverty level, and racial,
target school: same grade characteristics similar to the ethnic and language minority
levels, similar size, similar target school? concentration available for the
poverty levels, similar student schools where the model has
demographics such as racial, been implemented?
ethnic, and language minority
composition?

Replicability Has the model been replicated Has the model been replicated Is full replication of the model
successfully in a wide range in a number of schools or being initiated in several
of schools and districts, e.g., districts representing diverse schools?
urban, rural, suburban? settings?

Have the replication sites Have some replication sites Are promising initial results
have been evaluated, been evaluated, available from the replication
demonstrating significant demonstrating positive gains sites?
student achievement gains in student achievement?
comparable to those achieved
in the pilot site(s)?

37
The following three examples show how the evidence of effectiveness table might
be used to show how the table might be used:

Example 1

A school is considering a model whose stated purpose is to facilitate the

school's development of a common set of goals for the school. The model
provides five teachers and the principal with coaching in the principles of
whole school transformation. Each school using the model is put in touch
with other schools using the model. To date, the summary of the research-
base for the model suggests that a single school which has used the model
for the past two years has shown improvement in math scores over the last
year. There is, however, no systematic evaluation of the model currently
underway or planned. The costs for the model are approximately $3,000 per
participant, approximately $20,000 per school.

Using the table as a guide, based on the description provided, a State, local
educational agency, or school would probably conclude that the evidence of
effectiveness for the model is unacceptably weak and therefore would not accept
this model.

No research basis or other justification is provided for the theory behind the
model, only a very vague statement that school staff should work together to be
effective. The evidence for the effectiveness of the implementation of the model
is sketchy. The description includes a statement that the model has been
implemented in a number of schools, but there is no analysis of what it would take
to implement the model. Given the estimated costs and the fact that only a few
teachers and the principal would be involved, the model probably provides only a
low level of involvement. The model provides no evidence that this level of
implementation is sufficient to produce results. The only student achievement
results presented are for a single school for a short period of time in one subject.
There is no information on how achievement was measured nor is any evaluation
planned.

Given this level of evidence, the model would likely fall below the marginal
standards of rigor that States, local educational agencies, and schools would want
to consider for a research-based comprehensive model of school reform. Apart
from the marginal evidence of effectiveness, the model also does not address all
nine components of comprehensive school reform (see Appendix 5).

38
Example 2

A school is considering a model that emphasizes a curriculum in reading

and mathematics using specific instructional techniques to guide classroom
teaching and learning activities. The model provides teachers with
intensive, ongoing staff development using professional facilitators trained
by the model developer. In addition to providing staff development, the
facilitators remain on site as the model is implemented to ensure that all
components of the model are working together. The program has been fully
implemented in approximately 300 schools in 37 districts in nine States
around the country. Student achievement is measured not only by
commercial standardized tests but also by State assessment systems where
appropriate. Local adaptations of the model are available for schools
serving a predominately Spanish-speaking community. When compared to
schools matched on socioeconomic characteristics, schools using this model
show reading and math scores approximately three-quarters of a standard
deviation higher. These results are similar for both African-American and
white students. The program has been evaluated by its developer in
approximately 12 sites over two years.

The evidence for this model is much stronger than for Example 1. While this
model provides some details along each of the four dimensions in the chart, the
implementation evidence is quite general. Furthermore, the school proposing to
implement this model would need to coherently address, in a coherent manner, all
nine components of comprehensive school reform (see Appendix 5).

There are some additional questions that States, local educational agencies, and
schools might ask about this model: Could the developer describe what was
provided in the way of instructional materials? How will teachers learn the
principles of instruction? For which grades and which types of schools are the
achievement gains demonstrated? Because the model has only been evaluated by
the developer, States, local educational agencies, and schools should ask if there
are any plans for an independent, third-party evaluation. These questions would
help reveal the relative strengths and weaknesses of this particular model.

39
Example 3

An elementary school in need of improvement has been studying how it

could improve its students very low scores on State assessments in reading,
math and other core content areas. The school leadership, in consultation
with staff, parents, local university representatives, and community groups,
has carefully reviewed school performance data and assessed what needs to
be improved across the entire school program, concluding that the school
needs a comprehensive approach to reform all aspects of its operations and
instructional program.
As part of this process, participants reviewed both individual academic
curricular programs as well as comprehensive reform models that include
both teaching and learning materials and guidance for school organization
and management. The school and its partners looked specifically at
evidence of effectiveness for both the individual programs and the
comprehensive models. In addition, they studied the match between the
programs and the State’s rigorous content standards of excellence for
academic subject matter, and sought information on how well the programs
had been implemented in similar districts. After considerable discussion
among school administrators, teachers, parents, community members, and
outside experts, the school decided to develop its own comprehensive
school reform model, which would include upgrading curriculum and
instruction, teacher professional development, school organization, parental
involvement activities, and testing.
The school’s proposed model is based on the careful integration of distinct,
research-based curricular programs with strong track records of
effectiveness. The goal of the integration is a coherent instructional
package that would address State content and performance standards; be
aligned with district and State assessment systems; include professional
development that helps teachers master the curricular programs as well as
integrate the parts into a unified instructional approach; and include an
evaluation strategy so the school can learn what is working and change what
is not. As a result of this process, the school has decided to work under a
Title I schoolwide approach so that it can bring together a variety of
Federal, State, and other resources to adopt the curricular programs
necessary to reform its instructional program and eventually to move into a
long-term implementation effort.

Using the table as a guide, the example makes clear that the school has looked at
the evidence of effectiveness that supports its choice of discrete curricular
programs, thus addressing issues in the second row of the table. However, the
first row of the table suggests that, in its application, the school should explain the

40
theoretical or research foundation for the model it proposes. At this point the
school has not made clear why it expects its comprehensive model, which
combines multiple discrete curricular elements, to function effectively as a whole.
Regarding implementation, it is unclear how the school has assessed what will be
required to make the program work at the classroom level. Thus, the school has
not yet answered the questions in the third row of the table. Finally, the example
indicates that the school sought information on the uses in other settings of the
selected programs. This shows a sensitivity to the questions raised in the fourth
row of the table.

* * * *

APPENDIX 5—COMPONENTS OF COMPREHENSIVE SCHOOL

REFORM AND PROGRAMS

A comprehensive school reform program is one that coherently integrates all nine
of the following components:

1. Effective, research-based methods and strategies. A comprehensive school

reform program employs innovative strategies and proven methods for student
learning, teaching, and school management that are based on reliable research and
effective practices, and have been replicated successfully in schools with diverse
characteristics.

2. Comprehensive design with aligned components. The program has a

comprehensive design for effective school functioning, including instruction,
assessment, classroom management, professional development, parental
involvement, and school management, that aligns the school’s curriculum,
technology, and professional development into a schoolwide reform plan designed
to enable all students—including children from low-income families, children
with limited English proficiency, and children with disabilities—to meet
challenging State content and performance standards and addresses needs
identified through a school needs assessment.

3. Professional development. The program provides high-quality and continuous

teacher and staff professional development and training.

4. Measurable goals and benchmarks. A comprehensive school reform program

has measurable goals for student performance tied to the State’s challenging
content and student performance standards, as those standards are implemented,
and benchmarks for meeting the goals.

5. Support within the school. The program is supported by school faculty,

administrators, and staff.

41
6. Parental and community involvement. The program provides for the
meaningful involvement of parents and the local community in planning and
implementing school improvement activities.

7. External technical support and assistance. A comprehensive reform program

utilizes high-quality external support and assistance from a comprehensive school
reform entity (which may be a university) with experience or expertise in
schoolwide reform and improvement.

8. Evaluation strategies. The program includes a plan for the evaluation of the
implementation of school reforms and the student results achieved.

9. Coordination of resources. The program identifies how other resources

(Federal, State, local, and private) available to the school will be utilized to
coordinate services to support and sustain the school reform.

* * * *

APPENDIX 6—COMPARISON OF SCHOOLWIDE AND COMPREHENSIVE

SCHOOL REFORM COMPONENTS

Fully implementing a schoolwide program design is a positive step toward

achieving school improvement goals. The following components of a schoolwide
design are based on the same research as are the components of the
Comprehensive School Reform Demonstration Program. These components are
intended to provide a framework for school reform to help all students and
especially to help the lowest achieving students win their race for academic
success.

PLEASE SEE TABLE, NEXT PAGE

42
COMPONENTS OF A COMPONENTS OF A
COMPREHENSIVE SCHOOLWIDE PLAN AND
SCHOOL REFORM ELEMENTS OF A
DEMONSTRATION SCHOOLWIDE PROGRAM
PROGRAM
Comprehensive needs assessment of the entire
school
Comprehensive design with
aligned components School reform designs are based on effective
means of improving achievement using
Effective, research-based effective instructional strategies, etc.
methods and strategies
Professional development to help students meet
high standards.

Professional development Strategies to increase parental involvement such

as family literacy.

Parental and community State standards, assessment and

involvement accountability including adequate
yearly progress and school profiles.

Measurable goals and A schoolwide plan must be developed

benchmarks with the involvement of the
community, teachers, principals,
and other staff.

Support within the school Support from a State System of

Support teams, LEA, and other
technical assistance providers

External technical support State standards, assessment, and

and assistance accountability system as required in
Title I is used for schoolwide programs.

Schoolwide programs may combine

Evaluation strategies almost all Federal education $$$
along with state and local
resources
Coordination of resources Instruction by highly qualified staff

Transition of preschool children to school

Measures to include teachers in decision

regarding assessments

Activities to ensure students not mastering state

43
4