Reports and guidance documents; availability, etc.: Elementary and secondary education West Virginia Department of Education; compliance agreement findings,
[Federal Register: February 21, 2003 (Volume 68, Number 35)]
[Notices]
[Page 8495-8506]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21fe03-25]
DEPARTMENT OF EDUCATION
West Virginia Department of Education; Written Findings and Compliance Agreement
AGENCY: Office of Elementary and Secondary Education, Department of Education.
ACTION: Notice of written findings and compliance agreement.
SUMMARY: Section 457 of the General Education Provisions Act (GEPA) authorizes the U.S. Department of Education to enter into a compliance agreement with a recipient that is failing to comply substantially with Federal program requirements. In order to enter into a compliance agreement, the Department must determine, in written findings, that the recipient cannot comply until a future date with the applicable program requirements and that a compliance agreement is a viable means of bringing about such compliance. On March 29, 2002, the Assistant Secretary for Elementary and Secondary Education (Assistant Secretary) entered into a compliance agreement with the West Virginia Department of Education (WVDE). Under section 457(b)(2) of GEPA, the written findings and compliance agreement must be published in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Dr. Grace A. Ross, U.S. Department of Education, Office of Elementary and Secondary Education, 400 Maryland Avenue, SW., room 3W118, Washington, DC 20202. Telephone: (202) 260- 0967.
If you use a telecommunications device for the deaf (TDD), you may call the Federal Information Relay Service (FIRS) at 1-800-877-8339.
Individuals with disabilities may obtain this document in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) on request to the contact person listed under FOR FURTHER INFORMATION CONTACT.
SUPPLEMENTARY INFORMATION: Under Title I, Part A of the Elementary and Secondary Education Act of 1965 (Title I), each State, including the District of Columbia and Puerto Rico, was required to develop or adopt, by the 1997-98 school year, challenging content standards in at least reading/language arts and mathematics that describe what the State expects all students to know and be able to do. Each State also was required to develop or adopt performance standards, aligned with its content standards that describe three levels of proficiency to determine how well students are mastering the content standards. Finally, by the 2000-2001 school year, each State was required to develop or adopt a set of student assessments in at least reading/ language arts and mathematics that would be used to determine the yearly performance of schools in enabling students to meet the State's performance standards.
WVDE submitted, and the Department approved, evidence that it has content standards in at least reading/language arts and mathematics. In August 2000, WVDE submitted evidence of its final assessment system and performance standards. The Department submitted that evidence to a panel of three assessment experts for peer review. Following that review, the Assistant Secretary for Elementary and Secondary Education concluded that WVDE's proposed final assessment system and performance standards did not meet a number of the Title I requirements.
Section 454 of GEPA, 20 U.S.C. 1234c, sets out the remedies available to the Department when it determines that a recipient ``is failing to comply substantially with any requirement of law'' applicable to Federal program funds the Department administers. Specifically, the Department is authorized to--
(1) Withhold funds;
(2) Obtain compliance through a cease and desist order;
(3) Enter into a compliance agreement with the recipient; or
(4) Take any other action authorized by law. 20 U.S.C. 1234c(a)(1) through (a)(4).
In a letter dated November 8, 2000 to Dr. David Stewart, Superintendent of Schools for the West Virginia Department of Education, the Assistant Secretary notified WVDE that, in order to remain eligible to receive Title I funds, it must enter into a compliance agreement with the Department. The purpose of a compliance agreement is ``to bring the recipient into full compliance with the applicable requirements of law as soon as feasible and not to excuse or remedy past violations of such requirements.'' 20 U.S.C. 1234f(a). In order to enter into a compliance agreement with a recipient, the Department must determine, in written findings, that the recipient cannot comply until a future date with the applicable program requirements, and that a compliance agreement is a viable means for bringing about such compliance.
On March 29, 2002, the Assistant Secretary issued written findings, holding that compliance by WVDE with the Title I standards and assessment requirements is genuinely not feasible until a future date. Having submitted its assessment system for peer review in August 2000, WVDE was not able to make the significant changes to its system that the Department's review required in time to meet the spring 2001 statutory deadline to have approved assessments in place. As a result, WVDE administered its unapproved assessment system in 2001. The Assistant Secretary also determined that a compliance agreement represents a viable means of bringing about compliance because of the steps WVDE has already taken to comply, its commitment of resources, and the plan it has developed for further action. The agreement sets out the action plan that WVDE must meet to come into compliance with the Title I
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requirements. This plan, coupled with specific reporting requirements, will allow the Assistant Secretary to monitor closely WVDE's progress in meeting the terms of the compliance agreement. The Superintendent of WVDE, Dr. David Stewart, signed the agreement on March 22, 2002 and the Assistant Secretary signed it on March 29, 2002.
As required by section 457(b)(2) of GEPA, 20 U.S.C. 1234f(b)(2), the text of the Assistant Secretary's written findings is set forth as appendix A and the compliance agreement is set forth as appendix B of this notice.
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(Authority: 20 U.S.C. 1234c, 1234f, 6311)
Dated: February 13, 2003. Eugene W. Hickock, Under Secretary of Education.
Appendix A--Text of the Written Findings of the Assistant Secretary for Elementary and Secondary Education
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Introduction
The Assistant Secretary for Elementary and Secondary Education (Assistant Secretary) of the U.S. Department of Education (Department) has determined, pursuant to 20 U.S.C. 1234c and 1234f, that the West Virginia Department of Education (WVDE) has failed to comply substantially with certain requirements of Title I, Part A of the Elementary and Secondary Education Act of 1965 (Title I), 20 U.S.C. 6301 et seq., and that it is not feasible for WVDE to achieve full compliance immediately. Specifically, the Assistant Secretary has determined that WVDE failed to meet a number of the Title I requirements concerning the development of performance standards and an aligned assessment system within the statutory timeframe.
For the following reasons, the Assistant Secretary has concluded that it would be appropriate to enter into a compliance agreement with WVDE to bring it into full compliance as soon as feasible. During the effective period of the compliance agreement, which ends three years from the date of these findings, WVDE will be eligible to receive Title I funds as long as it complies with the terms and conditions of the agreement as well as the provisions of Title I, Part A and other applicable Federal statutory and regulatory requirements.
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Relevant Statutory and Regulatory Provisions
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Title I, Part A of the Elementary and Secondary Education Act of 1965
Title I, Part A of the Elementary and Secondary Education Act of 1965 (Title I), 20 U.S.C. 6301 et seq., provides financial assistance, through State educational agencies, to local educational agencies to provide services in high-poverty schools to students who are failing or at risk of failing to meet the State's student performance standards. Under Title I, each State, including the District of Columbia and Puerto Rico, was required to develop or adopt, by the 1997-98 school year, challenging content standards in at least reading/language arts and mathematics that describe what the State expects all students to know and be able to do and performance standards, aligned with those content standards, that describe three levels of proficiency to determine how well students are mastering the content standards.
By the 2000-2001 school year, Title I required each State to develop or adopt a set of student assessments in at least reading/ language arts and mathematics that would be used to determine the yearly performance of schools and school districts in enabling students to meet the State's performance standards. These assessments must meet the following requirements:
[sbull] The assessments must be aligned to a State's content and performance standards.
[sbull] They must be administered annually to students in at least one grade in each of three grade ranges: grades 3 through 5, grades 6 through 9, and grades 10 through 12.
[sbull] They must be valid and reliable for the purpose for which they are used and of high technical quality.
[sbull] They must involve multiple measures, including measures that assess higher-order thinking skills.
[sbull] They must provide for the inclusion of all students in the grades assessed, including students with disabilities and limited English proficient students.
[sbull] They must provide individual reports.
[sbull] Results from the assessments must be disaggregated and reported by major racial and ethnic groups and other categories.
20 U.S.C. 6311(b)(3).\1\[1]
\1\ On January 8, 2002, Title I of the Elementary and Secondary Education Act was reauthorized by the No Child Left Behind Act of 2001 (NCLB) (Pub. L. 107-110). The NCLB made several significant changes to the Title I standards and assessment requirements. First, it requires that each State develop academic content and student achievement standards in science by the 2005-06 school year. Second, by the 2005-06 school year, it requires a system of aligned assessments in each of grades 3 through 8 and once during grades 10 through 12. Third, it requires science assessments in at least three grade spans by the 2007-08 school year. Fourth, the NCLB significantly changes the definition of adequate yearly progress each State must establish to hold schools and school districts accountable, based on data from the 2001-02 test administration. Finally, by the 2002-03 school year, the NCLB requires State and school district report cards that include, among other things, assessment results disaggregated by various subgroups, two-year trend data, and percent of students tested.
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The General Education Provisions Act
The General Education Provisions Act (GEPA) provides a number of options when the Assistant Secretary determines a recipient of Department funds is ``failing to comply substantially with any requirement of law applicable to such funds.'' 20 U.S.C. 1234c. In such case, the Assistant Secretary is authorized to--
(1) Withhold funds;
(2) Obtain compliance through a cease and desist order;
(3) Enter into a compliance agreement with the recipient; or
(4) Take any other action authorized by law. 20 U.S.C. 1234c(a)(1) through (a)(4).
Under section 457 of GEPA, the Assistant Secretary may enter into a compliance agreement with a recipient that is failing to comply substantially with specific program requirements. 20 U.S.C. 1234f. The purpose of a compliance agreement is ``to bring the recipient into full compliance with the applicable requirements of the law as soon as feasible and not to excuse or remedy past violations of such requirements.'' 20 U.S.C. 1234f(a). Before entering into a compliance agreement with a recipient, the Assistant Secretary must hold a hearing at which the recipient, affected students and parents or their representatives, and other interested parties are invited to participate. At that hearing, the recipient has the burden of persuading the Assistant Secretary that full compliance with the applicable requirements of law is not feasible until a future date and that a compliance agreement is a viable means for bringing about such compliance. 20 U.S.C. 1234f(b)(1). If, on the basis of all the available evidence, the Assistant Secretary determines that compliance until a future date is genuinely not feasible and that a compliance agreement is a viable means for bringing about such compliance, the Assistant Secretary must make written findings to that effect and publish those findings, together with the substance of any compliance agreement, in the Federal Register. 20 U.S.C. 1234f(b)(2).
A compliance agreement must set forth an expiration date, not later than three years from the date of these written findings, by which time the recipient must be in full compliance with all program requirements. 20 U.S.C. 1234f(c)(1). In addition, a compliance agreement must contain the terms and conditions with which the recipient must comply during the period that agreement is in effect. 20 U.S.C. 1234f(c)(2). If the recipient fails to comply with any of the terms and conditions of the compliance agreement, the Assistant Secretary may consider the agreement no longer in effect and may take any of the compliance actions described previously. 20 U.S.C. 1234f(d).
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Analysis
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Overview of Issues To Be Resolved in Determining Whether a Compliance Agreement Is Appropriate
In deciding whether a compliance agreement between the Assistant Secretary and WVDE is appropriate, the Assistant Secretary must first determine whether compliance by WVDE with the Title I standards and assessment requirements is genuinely not feasible until a future date. 20 U.S.C. 1234f(b). The second issue that the Assistant Secretary must resolve is whether WVDE will be able, within a period of up to three years, to come into compliance with the Title I requirements. Not only must WVDE come into full compliance by the end of the effective period of the compliance agreement, it must also make steady and measurable progress toward that objective while the compliance agreement is in effect. If such an outcome is not possible, then a compliance agreement between the Assistant Secretary and WVDE would not be appropriate.
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WVDE Has Failed To Comply Substantially With Title I Standards and Assessment Requirements
In August 2000, WVDE submitted evidence of its final assessment system. The Assistant Secretary submitted that evidence to a panel of three assessment experts for peer review. Following that review, the Assistant Secretary for Elementary and Secondary Education concluded that WVDE's proposed final assessment system did not meet a number of the Title I requirements. Specifically, the Assistant Secretary determined that WVDE must do the following:
[sbull] Develop or select an academic assessment system that represents the full range of the WVDE's academic content standards and academic achievement standards in at least reading/language arts and mathematics and is consistent with the Title I requirements for use of multiple measures of student achievement, including measures that assess higher-order thinking and understanding. Document the alignment of the assessment system with WVDE's academic content and student achievement standards.
[sbull] Provide evidence that the State assessment will be used for purposes for which such assessments are valid and reliable, and be consistent with relevant, nationally recognized professional and technical standards for such assessments.
[sbull] Provide evidence of performance standards aligned to content standards.
[sbull] Clarify how reasonable accommodations are provided to students with disabilities and limited English proficient students that allow for their scores to be included in the accountability system.
[sbull] Clarify how data for students who take the alternate assessment and students administered assessments with non-standard accommodations will be incorporated into the accountability system.
[sbull] Provide complete participation data for students with disabilities and limited English proficient students so that the State's inclusion policies relating to assessment, reporting, and accountability can be evaluated.
[sbull] Provide individual reports of student achievement relative to the State performance standards.
[sbull] Provide school, district, and State level reports using disaggregated data by all the required categories.
[sbull] Provide evidence that LEAs are completing and disseminating school and district profiles that include statistically sound disaggregated results.
[sbull] Clarify how the State defines ``full academic year'' for including students in determining adequate yearly progress.
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WVDE Cannot Correct Immediately Its Noncompliance With the Title I Standards and Assessment Requirements
Under the Title I statute, WVDE was required to implement its final assessment system no later than the 2000-2001 school year. 20 U.S.C. 6311(b)(6). WVDE submitted evidence of its assessment system in August 2000, but the Assistant Secretary determined, on the basis of that evidence, that WVDE's system did not fully meet the Title I requirements. Due to the enormity and complexity of developing a new assessment system that addressed the Assistant Secretary's concerns, WVDE was not able to complete that task between the time it submitted its system for review and the spring 2001 assessment window. Thus, in spring 2001, WVDE administered the assessment that the Assistant Secretary had determined did not meet the Title I requirements. As a result, the Assistant Secretary finds that it is not genuinely feasible for WVDE to come into compliance until a future date.
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WVDE Can Meet the Terms and Conditions of a Compliance Agreement and Come Into Full Compliance With the Requirements of Title I Within Three Years
At the public hearing, WVDE presented evidence of its commitment and capability to come into compliance with the Title I standards and assessment requirements within three years. For example, the following have been developed in the last 18 months: content standards and objectives for core courses grades K-12; performance standards, three levels performance descriptors for those three levels performance for core courses K-12; a comprehensive, completely revised plan for a statewide assessment system that meets both the old law and the provisions of the reauthorization.
Finally, WVDE has developed a comprehensive action plan, incorporated into the compliance agreement, that sets out a very specific schedule that WVDE has agreed to meet during the next three years for attaining compliance with the Title I standards and assessment requirements. As a result, WVDE is committed not only to coming into full compliance within three years, but to meeting a stringent, but reasonable, schedule for doing so. The action plan also demonstrates that WVDE will be well on its way to meeting the new standards and assessment requirements of the No Child Left Behind Act of 2001. The compliance agreement also sets out documentation and reporting procedures that WVDE must follow. These provisions will allow the Assistant Secretary to ascertain promptly whether WVDE is meeting each of its commitments under the compliance agreement and is on schedule to achieve full compliance within the effective period of the agreement.
The task of developing an assessment system that meets the Title I requirements is not a quick or easy one. However, the Assistant Secretary has determined that, given the commitment of WVDE to comply with the terms and conditions of the compliance agreement, it is possible for WVDE to come into full compliance with the Title I standards and assessment requirements within three years.
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Conclusion
For the foregoing reasons, the Assistant Secretary finds the following: (1) That full compliance by WVDE with the standards and assessment requirements of Title I is not feasible until a future date; and (2) that WVDE can meet the terms and conditions of the attached compliance agreement and come into full compliance with the Title I standards and assessment requirements within three years of the date of these findings. Therefore, the Assistant Secretary has determined that it is appropriate to enter into a compliance agreement with WVDE. Under the terms of 20 U.S.C. 1234f, that compliance agreement becomes effective on the date of these findings.
Dated: March 29, 2002. Susan B. Neuman, Assistant Secretary, Office of Elementary and Secondary Education.
Appendix B--Text of the Compliance Agreement
Compliance Agreement Under Title I of the Elementary and Secondary Education Act Between the United States Department of Education and the West Virginia Department of Education
Introduction
Title I of the Elementary and Secondary Education Act of 1965 (Title I) required each State, including the District of Columbia and Puerto Rico, to develop or adopt, by the 1997-98 school year, challenging content standards in at least reading/language arts and mathematics that describe what the State expects all students to know and be able to do. Title I also required each State to develop or adopt performance standards, aligned with those content standards, that describe three levels of proficiency to determine how well students are mastering the content standards. By the 2000- 2001 school year, Title I required each State to develop or adopt a set of student assessments in at least reading/language arts and mathematics that would be used to determine the yearly performance of schools and school districts in enabling students to meet the State's performance standards.
The West Virginia Department of Education (WVDE) was not able to meet these requirements by the statutory deadlines. In order to be eligible to continue to receive
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Title I funds while working to comply with the statutory requirements, Dr. David Stewart, Superintendent of WVDE, indicated WVDE's interest in entering into a compliance agreement with the Office of Elementary and Secondary Education (OESE) of the United States Department of Education. On February 4, 2002 OESE conducted a public hearing regarding WVDE's ability to come into compliance with the Title I standards and assessment requirements within three years. Based on testimony at that hearing, Mr. William Luff, Deputy State Superintendent, testified that compliance by WVDE with the Title I standards and assessment requirements was not possible by this school year. According to the Deputy State Superintendent, when the current State Superintendent was advised, ``by the U.S. office, in late spring, that our assumptions about use of the existing assessments were incorrect, he immediately directed the department staff to come into full compliance with the law as quickly as possible.''
Pursuant to this Compliance Agreement under 20 U.S.C. 1234f, WVDE must be in full compliance with the requirements of Title I no later than three years from the date of the Assistant Secretary's written findings, a copy of which is attached to, and incorporated by reference into, this Agreement. Specifically, WVDE must meet, and document that it has met, the following requirements:
1. Develop or select an academic assessment system that represents the full range of the WVDE's academic content standards and academic achievement standards in at least reading/language arts and mathematics and is consistent with the Title I requirements for use of multiple measures of student achievement, including measures that assess higher-order thinking and understanding. Document the alignment of the assessment system with WVDE's academic content and student achievement standards.
2. Provide evidence that the State assessment shall be used for purposes for which such assessments are valid and reliable, and be consistent with relevant, nationally recognized professional and technical standards for such assessments.
3. Provide evidence of performance standards aligned to content standards.
4. Clarify how reasonable accommodations are provided to students with disabilities and limited English proficient students that allow for their scores to be included in the accountability system.
5. Clarify how data for students who take the alternate assessment and students administered assessments with non-standard accommodations will be incorporated into the accountability system.
6. Provide complete participation data for students with disabilities and LEP students so that the State's inclusion policies relating to assessment, reporting, and accountability can be evaluated.
7. Provide individual reports of student achievement relative to the state performance standards.
8. Provide school, district, and State level reports using disaggregated data by all the required categories.
9. Provide evidence that LEAs are completing and disseminating school and district profiles that include statistically sound disaggregated results.
10. Clarify how the State defines ``full academic year'' for including students in determining adequate yearly progress.
During the period that this Compliance Agreement is in effect, WVDE is eligible to receive Title I, Part A funds if it complies with the terms and conditions of this Agreement, as well as the provisions of Title I, Part A and other applicable Federal statutory and regulatory requirements. Specifically, the Compliance Agreement sets forth the action steps WVDE must meet to come into compliance with the Title I standards and assessment requirements (See attached). WVDE must submit documentation concerning its compliance with these action steps.
The action steps, hereby incorporated into this Compliance Agreement by reference may be amended by joint agreement of the parties, provided full compliance can still be accomplished by the expiration date of the Agreement.
In addition to all of the terms and conditions set forth above, WVDE agrees that its continued eligibility to receive Title I, Part A funds is predicated upon compliance with statutory and regulatory requirements of that program that have not been addressed by this Agreement, including the requirements of the No Child Left Behind Act of 2001.
If WVDE fails to comply with any of the terms and conditions of this Compliance Agreement, including the action steps attached hereto the USED may consider the Agreement no longer in effect and may take any action authorized by law, including the withholding of funds or the issuance of a cease and desist order following notice and opportunity to be heard in accordance with 20 U.S.C. Sec. 1234d. 20 U.S.C. Sec. 1234f(d).
For the West Virginia Department of Education:
Dated: March 22, 2002. Dr. David Stewart, State Superintendent of Schools.
For the United States Department of Education:
Dated: March 22, 2002. Susan B. Neuman, Assistant Secretary, Office of Elementary and Secondary Education.
Date this Compliance Agreement becomes effective: April 5, 2002.
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Title I Compliance Agreement--Work Plan/Time Line
Component or measurable outcome Public Law 103-382 Documentation Office responsible
Date
A Content Standards
A1............................... Revise West Virginia's content Sec. 1111(b)(1)(c).. Office of
Instructional
April 30, 2002. standards in math and reading
Instructional
Services. K-12. *Draft content standards
Services Work Plan. in science. A2............................... Draft content standards sent to Sec. 1111(b)(1)(A).. Policy 2520........ Instructional
April 30, 2002. U.S. Department of Education.
Services. A3............................... Document involvement of a broad Sec. 1111(a)(1)..... Committee Lists, Instructional
April 30, 2002. base of education stakeholders
Comment Process, Services. in the development of content
Sample Comments. standards ensuring diversity in the composition of the group, especially in the areas of special education and limited English proficient expertise. A4............................... Document that the content
Sec. 1111(b)(1)(D)- Teacher Comments, Instructional
April 30, 2002. standards are challenging for (i)(iii).
Description of Services. all students by providing
Process. conclusions from an independent review panel or organization. A5............................... Document that all students are Sec. 1111(b)(1)(C).. Policy 2520, Policy Instructional
April 30, 2002. held to high standards.
2340, Policy 2510. Services. A6............................... Document that the State has Sec. 1111(b)(1)(A).. Board Minutes, Instructional
April 30, 2002. formally approved the content
Policy 2520.
Services. standards. *Including Science. A7............................... Send documentation to the U.S. Sec. 1111(d)(1)(F)..
April 30, 2002. Department of Education for formal peer review of content standards.
B Peformance Descriptors
B1............................... Document a process for
Sec. 1111(b)(1)(C).. Descriptor
Instructional
April 30, 2002. determining the foundation for
development
Services. developing performance
agenda, Power standards, including what
Point processes will be involved in
presentations by writing the descriptors.
consultants, and descriptor development routine. B2............................... Draft performance levels and Sec. 1111(b)(1)(A).. See Section A3, Instructional
April 30, 2002. performance descriptors for
Above.
Services. reading 3-10, and math 3-8 and 10. B3............................... Document involvement of a broad Sec. 1111(a)(1)..... See Section A3, Instructional
April 30, 2002. base of education stakeholders
Above.
Services. in the development of performance descriptors ensuring diversity in the composition of the group, especially in the areas of special education and limited English proficient expertise. B4............................... Draft performance descriptors Sec. 1111(b)(1)(A).. Policy 2520........ Instructional
April 30, 2002. sent to U.S. Department of
Services. Education. B5............................... Document how performance
Sec.
Policy 2520,
Instructional
April 30, 2002. descriptors are aligned with 1111(b)(1)(D)(ii)(I Description of Services. the content standards.
).
Process. B6............................... Document that the performance Sec.
Policy 2520; See Instructional
April 30, 2002. descriptors are challenging 1111(b)(1)(D)(i)(II Section A3, Above; Services. for all students.
).
Description of Process. B7............................... Document that all students are Sec. 1111(b)(1)(c).. Policy 2510, Policy Instructional
April 30, 2002. held to the same high
2520.
Services. performance descriptors. B8............................... Document that the State has Sec. 1111(b)(1)(A).. Policy 2520, Board Instructional
April 30, 2002. formally approved the draft
Minutes.
Services. performance descriptors.
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B9............................... Send documentation to the U.S. Sec. 1111(d)(1)(F).. All of above....... Instructional
April 30, 2002. Department of Education for
Services. formal peer review of draft performance descriptors. B10.............................. Administer assessments
Sec. 1111(b)(3)..... Test Blueprints, Assessment and June 30, 2004. developed based on content
RFP, Copies of Student Services. standards and draft
Reports. performance descriptors. B11.............................. Review draft performance
Sec. 1111(b)(3)(D).. Agenda, Committee Instructional
September 30, 2004. descriptors based on
Lists.
Services. assessment results. B12.............................. Set cut scores to determine Sec. 1111(b)(3)(D).. Formulas for
Assessment and September 30, 2004. performance level of standards
determining
Student Services. based assessment in reading,
standard setting language arts and math in
procedure, agenda grades 3-8, 10 by the
of meetings bookmarking procedure.
Technical Manual. --standard setting meetings;... --psychometric research;....... --technical studies;........... --scaling and equating;........ --programming costs............ B13.............................. Document involvement of a broad Sec. 1111(b)(3)(F) Committee Lists, Assessment and September 30, 2004. base of education stakeholders (ii).
Agenda, Cut Score Student Services. in the setting of cut scores
Recommendations. ensuring diversity in the composition of the group, especially in the areas of special education and limited English proficient expertise. B14.............................. Document that cut scores for Sec. 1111(b)(3)(E).. State profile of Assessment and September 30, 2004. performance levels are
results of
Student Services. challenging for all students;.
standards based --Three performance levels.....
tests by --Use bookmarking process......
performance levels, schedule of meetings and events. B15.............................. Document that all students are Sec. 1111(b)(3)(A).. Summary of
Technology and September 30, 2004. included in the cut scores.
participation. Information Systems. B16.............................. Document that the cut scores Sec. 1111(b)(3)(B).. Final Alignment Assessment and September 30, 2004. are aligned with the draft
Study Report.
Student Services. performance descriptors and the content standards. B17.............................. Document that the State has Sec. 1111(b)(3)..... Board Minutes...... Assessment and December 31, 2004. formally approved the
Student Services. performance cut scores. B18.............................. Send documentation to the U.S. Sec. 1111(d)(1)(F).. ................... Assessment and December 31, 2004. Department of Education for
Student Services. formal peer review of performance cut scores. C1............................... *Develop an RFP to secure
.................... RFP, Committee Assessment and June 30, 2002. services for test development,
Member Lists.
Student Services. administration, scoring and reporting for grades 3-8, 10. C2............................... Send RFP to U.S. Department of .................... RFP, Committee Assessment and June 30, 2002. Education.
Member Lists.
Student Services. C3............................... Negotiate and sign a contract .................... Release of Purchase Assessment and June 30, 2002. for services needed to develop
Order, RFP.
Student Services. an assessment system. C4............................... Send contract to U.S.
.................... Release of Purchase Assessment and June 30, 2002. Department of Education.
Order, RFP.
Student Services. C5............................... *Complete detailed design and Sec. 1111(b)(3)(V).. Test Design
Assessment and June 30, 2002- implementation activities
Document, Biasing Student Services. December 30, 2003. required to create test items
Review, and test forms adequate to
Reliability and serve the purposes specified
Validity Studies. in the State's assessment ensuring validity, reliability and fairness for grades 3-8, 10.
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C6............................... Design an approach to ensure Sec. 1111 (b)(3)(E). Letter to Norm Webb Assessment and June 30, 2002. alignment of content and
for Agreed
Student Services. performance descriptors with
Services as Vendor. the assessment considering comprehensiveness, emphasis, and depth. --Internal alignment Teacher committees. --CTB.......................... External Alignment Norm Webb... All alignment studies will address comprehensiveness of tests in terms of gaps and weaknesses, emphasis and depth of knowledge as well as thinking skill distribution. C7............................... Before pilot, complete an
Sec. 1111 (b)(3)(B). Report from Norm Assessment and December 30, 2003. analysis of the alignment of
Webb, Vendor.
Student Services. the assessment and standards identifying any gaps and weaknesses in the alignment. C8............................... After pilot, complete an
Sec. 1111 (b)(3)(B). Report from Norm Assessment and March 31, 2004. analysis of the alignment of
Webb, Vendor.
Student Services. the assessment and standards identifying any gaps and weaknesses in the alignment. C9............................... Complete test items and review Sec. 1111
Blueprints of Pilot Assessment and June 30, 2003. for bias to ensure that
(b)(3)(F)(ii).
Tests.
Student Services. results measured the essence of the standards and does so for students of diverse backgrounds. --Internal Bias Review Committee. --CTB Bias Review Committee.... C10.............................. *Administer pilot tests in Sec. 1111 (b)(3)(E). Pilot
Assessment and December 30, 2003. grades 3-8, 10. Production,
administration Student Services. distribution, and
manual. administration. C11.............................. Design an approach to ensure Sec. 1111(b)(3)(E).. Letter to Vendor Assessment and December 30, 2003. alignment of content and
and Report re: Student Services. performance descriptors with
Alignment Study. the assessment considering comprehensiveness, emphasis, and depth. C12.............................. Complete any needed adjustments
First and Final Assessment and December 30, 2003. in the test forms. Address
Drafts of Test Student Services. gaps and weakness and make
Forms. adjustments. C13.............................. Results of alignment study sent Sec. 1111(b)(3)(B).. Alignment Study.... Assessment and December 30, 2004. to U.S. Department of
Student Services. Education. C14.............................. *Administer tests.............. Sec. 1111(b)(3)(D).. Superintendent's Assessment and June 30, 2004. --Production...................
letter with
Student Services. --Distributions................
testing schedule. --Scoring...................... C15.............................. Develop reports that are
Sec. 1111(b)(3)(H).. Copies of reports Assessment and December 30, 2004. technically adequate for
and accountability Student Services. school and district
standards. accountability. C16.............................. *Distribution of an itemized
Sample report based Assessment and *August 31, 2003 and score analysis to support
on test
Student Services. Annually instructional improvement.
administered in
thereafter. 2001-2002. C17.............................. Develop technical manuals that Sec. 1111(b)(3)(C).. Technical manuals.. Assessment and December 30, 2004. contain such information as
Student Services. validity, reliability, fairness/accessibility, and comparability of results. --Reports...................... --Revision of reports.......... C18.............................. Develop procedures for test Sec. 1111(b)(3)(C).. Copies of protocol Assessment and December 30, 2003. administration, scoring, data
and procedures Student Services. analysis, and reporting to
manual. meet high technical standards. --Administration manuals....... --Data Analysis and Technical Data.
[[Page 8502]]
C19.............................. Procedures for test
Sec. 1111(b)(3)(C).. Copies of protocol Assessment and December 30, 2004. administration, scoring, data
and procedures Student Services. analysis, and reporting to
manual. meet high technical standards sent to U.S. Department of Education. C20.............................. Review of technical quality Sec. 1111(b)(3)(C).. Technical Quality Assessment and June 30, 2004. sent to U.S. Department of
Document.
Student Services. Education. C21.............................. Submit evidence that the
Sec. 1111(b)(3)(E).. Vendor report
Assessment and December 30, 2004. assessment includes multiple
(including matrix) Student Services. measures of student
Alignment study. performance, including measures that assess higher- order thinking skills and understanding. C22.............................. Submit assessment system to Sec. 1111(d)(1)(F).. See Above.......... Assessment and December 30, 2004. U.S. Department of Education
Student Services. for peer review. C23.............................. *Participation in the National
Consolidated State Assessment and May 2002. Assessment of Educational
Plan.
Student Services. Progress in 2003 and 2005 and, if selected, participation in the field test in off-years. D1............................... Develop policies for including Sec.
Policy 2340........ Assessment and June 30, 2002. LEP students in the statewide 1111(b)(3)(F)(iii).
Student Services. assessment system and revise guidelines for assessment for LEP guidelines. D2............................... Develop policies for including Sec.
Policy 2340, Policy Assessment and Policy--April 30, students with disabilities in 1111(b)(3)(F)(ii). 2419, Guidelines Student Services. 2002. the statewide assessment
for assessment of
Guidelines--June 30, system and revise guidelines
special education.
2003. for assessment of students with disabilities. D3............................... Document that all students are Sec.
Comparison of
Office of
December 31, 2004. included in the assessment 1111(b)(3)(F)(i). enrolled students Technology and system, especially LEP and
with those
Information students with disabilities.
assessed.
Systems. D4............................... Develop statewide monitoring Sec.
Policy 2320, OSE Office Special January 2003. procedures to ensure the
1111(b)(3)(F)(i). Monitoring
Education. inclusion of all students.
Document. D5............................... Submit statewide monitoring Sec.
See D4............. Office of
December 31, 2004. procedures to ensure the
1111(b)(3)(F)(i).
Technology and inclusion of all students.
Information Systems. D6............................... Clarify how reasonable
Sec.
Policy 2340,
Assessment and December 2002, accommodations are provided to 1111(b)(3)(F)(II). Guidelines for Student Services. December 2003, students with disabilities and
assessment of
December 2004. limited English proficient
special education students that allow for their
and LEP students. scores to be included in the accountability system and submit to U.S. Department of Education. D7............................... Clarify how data for students Sec.
Policy 2510........ Deputy
December 2004. who take the alternate
1111(b)(3)(F)(I).
Superintendent. assessment and students administered assessments with non-standard accommodations will be incorporated into the accountability system and submit to U.S. Department of Education. D8............................... Provide complete participation Sec.
Participation
Office of
December 2002, data for students with
1111(b)(3)(F)(i). Report.
Technology and December 2003, disabilities and LEP students
Information
December 2004. to that the State's inclusion
Systems. policies relating to assessment, reporting, and accountability can be evaluated and submit to U.S. Department of Education.
[[Page 8503]]
D9............................... * Implementation of the English
Instructions to Office of English * 2002-2003 and language proficiency testing
schools, test
as a Second
Annually required under Title I and
administration Language.
thereafter. Title III.
manuals, sample [sbull] Identify test that will
reports. be used.. [sbull] Administer to all LEP students.. [sbull] Define annual measurable objectives for gains in English proficiency as required in Sec. 3122.. [sbull] Report results as required by NCLB..
E Reporting
E1............................... Design a reporting template for Sec. 1111(b)(3)(H).. Report Template.... Office of
December 2004. school, district, and state
Technology and profiles that clearly
Information communicates to educators,
Systems. parents and stakeholders how the assessments relate to the content and performance standards and submit to U.S. Department of Education. E2............................... * Dissemination of
Sec. 1111(b)(3)(I).. Disaggregation Office of
* August 31, 2002 disaggregated data at the
Reports.
Technology and (as available). school and district levels
Information
August 31, 2003 (all from the assessments currently
Systems.
subgroups) and in use. Assessment reports to
annually include: gender, major racial/
thereafter. ethnic groups, English proficiency status, migrant status, students with disabilities as compared to nondisabled students, and economically disadvantaged students as compared to students who are not economically disadvantaged. E3............................... Describe procedures for
Sec. 1111(b)(3)(I).. Description of Office of
December 2002, annually reporting these
reporting process Technology and December 2003, results and submit to U.S.
(with specific Information
December 2004. Department of Education.
examples).
Systems. E4............................... Submit reporting policies for Sec. 1111(b)(3)(I).. Policy 2340........ Assessment and January 2004. small groups.
Student Services. E5............................... Provide evidence that LEAs are Sec. 1116(a)(3)..... WV Code Citation, Office of
December 2002, completing and disseminating
Letter to LEAs. Technology and December 2003, school and district profiles
Information
December 2004. to all required audiences that
Systems. include statistically sound disaggregated results and submit to U.S. Department of Education. E6............................... Document that all students are Sec.
Reports............ Office of
December 2002, included in the school
1111(b)(3)(F)(i).
Technology and December 2003, profiles including exempted
Information
December 2004. students, special education
Systems. students taking the alternate assessment and LEP students and submit to U.S. Department of Education. E7............................... Provide individual reports of Sec.
Reports............ Office of
December 2002 and student achievement relative 1111(b)(3)(F)(i).
Technology and December 2003 to the state performance
Information
(Quartile), standards and submit to U.S.
Systems.
December 2004 Department of Education.
(Performance Standards). E8............................... Describe strategies to ensure Sec. 1118(c)(4)(B).. Narrative
Assessment and December 2002, that individual reports go to
describing
Student Services. December 2003, all parents in understandable
strategies and
December 2004. ways and submit to U.S.
parent committee Department of Education.
lists. E9............................... Submit manuals and/or
Sec. 1118(c)(4)(B).. Manuals............ Assessment and December 2002, guidelines on the
Student Services. December 2003, interpretation of these
December 2004. reports and submit to U.S. Department of Education. E10.............................. Develop quality control
Sec. 1111(b)(3)(C).. TILSA Quality
Assessment and December 2002, procedures to check accuracy
Control document. Student Services. December 2003, of scoring and reports and
December 2004. submit to U.S. Department of Education.
[[Page 8504]]
E11.............................. * Distribution of a state
Copy of State
Office of
* Sept. 30, 2002, * report card as required under
Report Card.
Technology and Aug. 31, 2003, * Section 1111 of Title I. State
Information
Aug. 31, 2004. report card must include the
Systems. following: [sbull] Disaggregated student achievement results by performance level.. [sbull] Percent of student not tested. [sbull] Comparison between annual objectives and actual performance for each student group. All other report card requirements must be met as quickly as possible, consistent with implementation of final assessments. (See E1). E12.............................. * Annual report to the
Part of Annual
* December 2002 and Secretary as described in
Title I
annually Section 1111(h)(4).
Performance Report.
thereafter. [sbull] Information on State progress in developing all required academic assessments. [sbull] Student achievement data. [sbull] Disaggregated data on acquisition of English proficiency by LEP (2002-2003). [sbull] Number and names of school identified for school improvement, the reason for identification, and measures taken to address achievement problems. [sbull] Number of students and schools that participated in public school choice and supplemental services. [sbull] Information on quality of teacher and percent of classes taught by highly qualified (2002-2003). F1............................... Develop a definition of
Agreed Order
Deputy
December 2002, adequate yearly progress that
Tomblin Committee Superintendent. December 2003, requires continuous
Agendas PowerPoint
December 2004. improvement toward the goal of
Presentations. all students reaching proficiency and submit to U.S. Department of Education. F2............................... Describe how the State
See Section F1, Deputy
December 2002, assessments are defined as the
Above.
Superintendent. December 2003, primary element in the State's
December 2004. definition of adequate yearly progress for schools and districts and submit to U.S. Department of Education. F3............................... Demonstrate approval of this
See Section F1, Deputy
December 2002, definition of adequate yearly
Above Policy 2510, Superintendent. December 2003, progress and submit to U.S.
State Board
December 2004. Department of Education.
Minutes. F4............................... Clarify how the State defines
Policy 2340, See Assessment and December 2002, ``full academic year'' for
Section F1, Above. Student Services. December 2003, including students in
December 2004. determining adequate yearly progress for schools and/or districts and submit to U.S. Department of Education. F5............................... Document that all students are
See Section F1, Office of
December 2002, included in the accountability
Above
Technology and December 2003, system including special
Dissagregation and Information
December 2004. education students taking the
Participation
Systems. alternate assessment, other
Report, Policy special education students,
2340, See Section 504 students, and LEP students
D3, Above. and submit to U.S. Department of Education.
[[Page 8505]]
F6............................... Provide information regarding
PowerPoint
Deputy
December 2002, how the State evaluates the
Presentation See Superintendent. December 2003, effectiveness of schools that
Section F1, Above
December 2004. do not contain any of the
Overview and grades covered by the State
Excerpt from assessment system (e.g., K-2
Reading Assessment. schools) and submit to U.S. Department of Education. F7............................... Submit the definition of
Deputy
December 2004. adequate yearly progress to
Superintendent. the U.S. Department of Education for peer review. F8............................... *A. Continued identification of
Description of Deputy
*Sept. 30, 2002, schools in need of
school
Superintendent. Aug. 31, 2003, Aug. improvement, based on data
accountability
31, 2004. from the current assessment
system to include (s) for all children in the
the data source grade assessed and, to also
(assessments) and include:
formula or [sbull] Performance of
decision sequence subgroups (of statistically
used to determine reliable size).
school [sbull] Application of the 95%
classification. participation rule.
List of schools and [sbull] HS graduation and the
districts other indicators required by
identified for NCLB.
improvement. B. Establish AYP baseline,
Communication of based on data from the new
baseline values assessment (s) for all
and AYP design to children in the grades
schools and assessed..
districts. Use transitional rules under
List of schools and NCLB, Sec. 1116 to identify
districts schools in need of
identified for improvement..
improvement. F9............................... *All other requirements of NCLB
Implementation and Office of
2002-2003 and pertaining to schools
documentation of Instructional
Annually identified for improvement,
choice,
Services.
thereafter. corrective action, or
supplemental restructuring during the
services, period of the compliance
corrective agreement.
actions, as appropriate.
All items marked with * are No Child Left Behind Act of 2001 requirements. West Virginia will have six months from the date of the Compliance Agreement or 30 days after publication of final regulations (whichever comes first) to determine the specific tasks and dates required to satisfy each goal.
[[Page 8506]]
[FR Doc. 03-4075 Filed 2-20-03; 8:45 am]
BILLING CODE 4000-01-P
