005.15.14 Ark. Code R. 008 - Rules Governing the Arkansas Comprehensive Testing, Assessment and Accountability Program (ACTAAP) and Academic Distress Program
1.0 Regulatory Authority
1.01 These Rules shall be known as the
Arkansas Department of Education Rules Governing the Arkansas Comprehensive
Testing, Assessment and Accountability Program (ACTAAP) and the Academic
Distress Program.
1.02 The State
Board of Education promulgated these Rules pursuant to Ark. Code Ann.
§§
6-11-105,
6-15-401 et seq.,
6-15-2009, and
25-15-204
and Acts 600, 1073, 1081 and 1429 of 2013.
1.03 These Rules reflect the decision of the
United States Department of Education (US Ed) to grant flexibility to the
Arkansas Department of Education (ADE) from certain provisions of the
Elementary and Secondary Education Act (ESEA). As indicated throughout these
Rules, certain provisions of these Rules shall only apply during time periods
designated by the US Ed for which the ADE receives flexibility from certain
provisions of ESEA.
1.04 These
Rules include the applicable requirements formerly contained within the
Arkansas Department of Education Rules Governing Public School End-of-Course
Assessments and Remediation.
2.0 Purposes of Rules
2.01 To develop a single comprehensive
testing, assessment and accountability program, which applies to and governs
all public schools and public school districts in Arkansas.
2.02 To develop a single comprehensive
testing, assessment and accountability program which utilizes the most current
and effective testing, evaluation, and assessment research information designed
to achieve the following purposes:
2.02.1 Set
clear academic standards that are periodically reviewed and revised;
2.02.2 Establish professional development
standards for all administrators, teachers and instructional support
personnel;
2.02.3 Establish
expected achievement levels;
2.02.4
Report on student achievement and other indicators;
2.02.5 Provide evaluation data;
2.02.6 Recognize academic success and
failure;
2.02.7 Apply awards and
sanctions; and
2.02.8 Comply with
current federal and state law and State Board rules and regulations.
2.03 To ensure that all students
in the public schools of Arkansas have an equal opportunity to demonstrate
grade-level and subject area academic proficiency through the application of
knowledge and skills in the core academic subjects consistent with state
curriculum frameworks, performance standards and assessments.
2.04 To improve student learning and
classroom instruction and to support high academic standards for all students,
including identifiable subgroups, by establishing the provisions, procedures
and requirements for the student assessment program.
2.05 To require point-in-time intervention
when it is determined that a student(s) is not performing at grade level or
subject area academic proficiency.
2.06 To outline testing and assessment
security and confidentiality requirements.
2.07 To establish a program to identify,
evaluate, assist and advise public schools and public school districts in
academic distress.
3.0
Definitions - For the purpose of these Rules, the following terms mean:
3.01 "Academic Content Standards" - standards
that are approved by the State Board of Education and that set the skills to be
taught and mastery level for each grade and content area.
3.02 "Academic Distress:"
3.02.1 A classification assigned to any
public school district:
3.02.1.1 In which
49.5% or less of its students achieve proficient or advanced in math and
literacy on the state-mandated criterion referenced assessments administered in
that district for the most recent three (3) year period; or
3.02.1.2 Has a Needs Improvement (Priority)
school within the school district that has not made the progress required under
the school's Priority Improvement Plan (PIP).
3.02.2 A classification assigned to any
public school:
3.02.2.1 In which 49.5% or
less of its students achieve proficient or advanced in math and literacy on the
state-mandated criterion referenced assessments administered in that district
for the most recent three (3) year period; or
3.02.2.2 Is a Needs Improvement (Priority)
school that has not made the progress required under the school's Priority
Improvement Plan (PIP).
3.02.3 The ADE shall re-establish the
thresholds listed in Sections 3.02.1 and 3.02.2 of these Rules when the
Partnership for Assessment of Readiness for College and Careers (PARCC)
assessments become fully operational.
3.03 "Academic Improvement Plan (AIP)" - a
plan detailing supplemental or intervention and remedial instruction, or both,
in deficient academic areas for any student who is not proficient on a portion
or portions of the state-mandated Arkansas Comprehensive Assessment Program.
Academic improvement plans shall be created and implemented by appropriate
teachers, counselors, and any other pertinent school personnel. All academic
improvement plans shall be reviewed annually and revised to ensure an
opportunity for student demonstration of proficiency in the targeted academic
areas on the next state-mandated Arkansas Comprehensive Assessment Program. A
cumulative review of all academic improvement plans shall be part of the data
used by the school in creating and revising its comprehensive school
improvement plan. All academic improvement plans shall be subject to review by
the Department of Education.
NOTE: For the purposes of these Rules, "Academic Improvement Plan (AIP)" and "Individualized Academic Improvement Plan (IAIP)" may be used interchangeably.
3.04 "ACT"
- the ACT assessment for college placement administered by ACT, Inc.
3.05 "Adequate Yearly Progress" - the level
of academic performance required of public schools or school districts on the
state-mandated augmented criterion-referenced, or norm-referenced assessments
and other indicators as required in the Arkansas Comprehensive Testing,
Assessment, and Accountability Program, which shall comply with the Elementary
and Secondary Education Act as reauthorized in the No Child Left Behind Act of
2001.
3.06 "Advanced Placement
Test" - the test administered by the College Board for a high school
preparatory course that incorporates the topics specified by the College Board
on its standard syllabus for a given subject area and is approved by the
College Board.
3.07 "Approved Early
Reading Assessments" - Those assessments that identify students' strengths and
weaknesses in all of the elements of reading as described in the Report of the
National Reading Panel.
3.08
"Approved Intensive Reading Program" - Programs of high-quality instruction
that include the essential elements of reading described in the Report of the
National Reading Panel.
3.09
"Annexation" - The joining of an affected school district or part of the school
district with a receiving district under Ark. Code Ann. § 6-1§3-1401
et seq. or §
6-13-1601 et
seq.
3.10 "Arkansas Comprehensive
Assessment Program" -The testing component of Arkansas Comprehensive, Testing,
Assessment and Accountability Program, which shall consist of:
(1) developmentally appropriate, augmented,
criterion-referenced, or norm-referenced assessments in kindergarten through
grade twelve (K-12) as determined by the State Board;
(2) Any other assessments as required by the
State Board;
(3) other assessments
that are based on researched best practices as determined by qualified experts
that would be in compliance with federal and state law; and
(4) end-of-course examinations for designated
grades and content areas, and the high school literacy
assessment.
3.11
"Arkansas Comprehensive Testing, Assessment and Accountability Program" - a
system of measurement and reporting designed to ensure that all students in the
public schools of this state demonstrate academic achievement through the
application of knowledge and skills in core academic subjects consistent with
state curriculum frameworks and performance standards. During the time periods
designated by the US Ed for which the ADE may receive flexibility from certain
provisions of ESEA as set forth in Section 13.00 of these Rules, the
measurement system will ensure that all students in the public schools of
Arkansas demonstrate performance and growth toward College and Career
Readiness.
3.12 "Arkansas
Comprehensive School Improvement Plan (ACSIP)" - the individual school's
comprehensive plan developed by a local school team and based on priorities
indicated by assessment and other pertinent data and designed to provide an
opportunity for all students to demonstrate proficiency on all portions of the
state-mandated Arkansas Comprehensive Assessment Program. This plan shall be
reviewed annually by the district and monitored by the Arkansas Department of
Education in accordance with Ark. Code Ann. §
6-15-426.
3.13 "Assessment" means an examination
instrument designed to measure certain levels of knowledge; as measured by
established requisite scale scores, for those academic courses that are the
subject of end-of-course testing as required by these Rules.
3.14 "Augmented Test" - An assessment
required by state statute, rule or regulation which combines both
criterion-referenced and norm-referenced instruments.
3.15 "Awards" - financial or other
recognition of a public school structured to recognize schools that demonstrate
and maintain high performance over time and to recognize schools that
demonstrate growth on the state-mandated indicators. Awards also can be used to
highlight individual schools so that their practices can be adopted in other
schools and districts across the state.
3.16 "Benchmarks/Grade-Level Benchmarks" -
Academic Content Standards and/or grade-level statements of what a student
should know and be able to do. The Grade-Level Benchmarks provide guidance to
classroom teachers in planning instruction aligned with the Academic Content
Standards.
3.17 "Board" or "State
Board"- The Arkansas State Board of Education.
3.18 "College and career readiness" means the
acquisition of the knowledge and skills a student needs to be successful in
future endeavors, including:
3.18.1
Successfully completing credit-bearing, first-year courses at a postsecondary
institution; and
3.18.2 Embarking
on a chosen career.
3.19
"College and career readiness assessment" means a set of criterion-referenced
assessments of a student's acquisition of the knowledge and skills the student
needs to be successful in future endeavors, including credit-bearing,
first-year courses at a postsecondary institution, such as two-year or
four-year college, trade school, or technical school, or to embark on a
career.
3.20 "Consolidation" - The
joining of two (2) or more school districts or parts of the school districts to
create a new single school district under Ark. Code Ann.§6-1§3-1401
et seq. or §
6-13-1601 et
seq.
3.21 "Criterion-Referenced
Test (CRT)" - an assessment required by state statute, rule or regulation which
is designed by the State to measure student performance/achievement on the
State's Academic Content Standards.
3.22 "Department" or "ADE" - The Arkansas
Department of Education.
3.23
"District Improvement Plan" - a district-wide plan coordinating the actions of
the various comprehensive school improvement plans within a school district.
The main focus of the district improvement plan shall be to ensure that all
students demonstrate proficiency on all portions of state-mandated Arkansas
Comprehensive Assessment Program.
3.24 "Early Intervention" - short-term,
intensive, focused, individualized instruction developed from ongoing, daily,
systematic diagnosis that occurs while a child is in the initial, kindergarten
through grade one (K -1), stages of learning early reading, writing, and
mathematical strategies to ensure acquisition of the basic skills and to
prevent the child from developing poor problem-solving habits that become
difficult to change. The goal is to maintain a student's ability to function
proficiently at grade level.
3.25
"Elementary School" - public school(s) having some combination of grades
kindergarten through four (K - 4).
3.26 "Essential Elements - Early Reading"
Comprehension - Ability to understand and communicate; Decoding and Word
Recognition (Phonics) -Ability to match the letters of written language and the
individual sounds of spoken language in order to read and write words; Fluency
- Ability to read text accurately, and with expression, volume, phrasing,
smoothness and appropriate pace; Phonemic Awareness - Ability to hear and
manipulate the sounds of spoken language; Vocabulary - Ability to understand
words and their meanings in order to communicate and comprehend
effectively.
3.27 "Grade Level" -
appropriate grade classification indicated by the performance of a student (or
group of students) at the proficient or advanced level on state-mandated
Arkansas Comprehensive Assessment Program tests.
3.28 "End-of-Course Assessment" - a
criterion-referenced assessment taken during a course of study set by the State
Board of Education:
(a) to determine whether
a student demonstrates, according to a requisite scale score established by
rule of the State Board, attainment of sufficient knowledge and skills to
indicate a necessary and satisfactory mastery of the subject level content in
that end-of-course assessment; and
(b) for which failure to meet that requisite
scale score requires sufficient remediation before a student is entitled to
receive full academic credit for the course.
3.29 "High School" -grades nine through
twelve (9-12).
3.30 "High School
Literacy Assessment" - an end-of-level literacy assessment given to all
students in grade eleven (11).
3.31
"Individualized Academic Improvement Plan (IAIP)" - a written plan detailing
supplemental or intervention and remedial instruction, or both, in deficient
areas for any student who has not met the requisite scale score on an
end-of-course assessment.
NOTE: For the purposes of these Rules, "Academic Improvement Plan (AIP)" and "Individualized Academic Improvement Plan (IAIP)" may be used interchangeably.
3.32
"Individualized Education Program (IEP)" - a written statement for each child
with a disability that is developed, reviewed, and revised in a meeting in
accordance with
34 C.F.R.
300.320 through
300.324.
3.33 "Intensive Reading Improvement Plan
(IRI)" -An intervention program for any K-2 student identified with substantial
reading difficulties.
3.34
"International Baccalaureate Assessment" - an assessment administered by the
International Baccalaureate Organization for a course offered under the
International Baccalaureate Diploma Program.
3.35 "Longitudinal Tracking" -tracking
individual student yearly academic achievement gains based on scheduled and
annual assessments.
3.36 "Middle
School" or "Middle Level"- grades five through eight (5 - 8).
3.37 "No Child Left Behind Act" - the No
Child Left Behind Act of 2001 as signed into federal law on January 8,
2002.
3.38 "Norm-Referenced Test
(NRT)" - an assessment required by state law, rule or regulation to measure the
performance/achievement of Arkansas students relative to the achievement of
students who comprised the norm or standardization group for a particular
commercial instrument, which may include the assessments developed under the
Partnership for Assessment of Readiness for College and Careers
(PARCC).
3.39 "Parent" - a parent,
parents, legal guardian, a person standing in loco parentis, or legal
representative, as appropriate, of a student, or the student if the student is
eighteen (18) years of age or older.
3.40 "Participation in Remediation" - The
amount of student involvement required in a student academic improvement plan
that addresses those deficiencies for that student.
3.41 "Pass Rate" - The pass rate for the
Benchmark Exams and the developmental appropriate assessments for K - 2 shall
be proficiency.
3.42 "Point-in-Time
Intervention and Remediation" - intervention and remediation applied during the
academic year upon the discovery that a student is not performing at grade
level.
3.43 "Public School
District/Public School" - those school districts and schools (including
open-enrollment charter schools) created pursuant to Title 6 of the Arkansas
Code and subject to the Arkansas Comprehensive Testing, Assessment and
Accountability Program specifically excluding those schools or educational
programs created by or receiving authority to exist under §
6-15-501; §
9-28-205,
and §
12-29-301
through §
12-29-310,
or other provisions of Arkansas law.
3.44 "Reconstitution" - a reorganization
intervention in the administrative unit or governing body of a public school
district, including without limitation the suspension, reassignment,
replacement, or removal of a current superintendent or the suspension, removal,
or replacement of some or all of the current school board members, or
both.
3.45 "Remediation" - a
process of using diagnostic instruments to provide corrective, specialized
supplemental instruction to help a student in grades two through four (2-4)
overcome academic deficiencies. For students in grades five through twelve
(5-12), remediation shall be a detailed, sequential set of instructional
strategies, implemented to remedy any academic deficiencies indicated by
below-basic or basic performance on the state-mandated augmented,
criterion-referenced, or norm-referenced assessments. Remediation shall not
interfere with or inhibit student mastery of current grade level academic
learning expectations.
3.46 "Safe
Harbor" - An alternate method of demonstrating Adequate Yearly Progress under
the No Child Left Behind Act determined by decreasing the percent of students
not performing at the proficient level on the Criterion Referenced Assessments
by at least ten percent. Safe Harbor can only be applied if the school meets
the secondary indicator condition and tests 95% or more of eligible students.
Safe harbor shall not apply during the time periods designated by the US Ed for
which the ADE may receive flexibility from certain provisions of ESEA as set
forth in Section 13.00 of these Rules.
3.47 "Sanction" - intervention by the state
to assist teaching and learning at a public school or a public school district
that fails to meet expected performance goals on the state-mandated
criterion-referenced assessments and/or other indicators.
3.48 "SAT" - the standardized college
entrance examination administered by the College Board.
3.49 "School Improvement" - the initial
classification applied to a school that fails to meet adequate yearly progress
for two successive years. During the time periods designated by the US Ed for
which the ADE may receive flexibility from certain provisions of ESEA, the
classifications and interventions for schools in need of improvement shall be
as set forth in Section 13.00 of these Rules.
3.50 "Secure Examination or Assessment" - an
assessment instrument, materials or other student achievement evaluation method
required by State statute, rule or regulation that is administered to assess
student performance or achievement and takes place on the dates specified on
the testing/assessment calendar developed by the Commissioner of the
Department.
3.51 "Starting Point" -
a specific figure for grade-level clusters K- 5, 6-8, and 9-12 in the content
areas of literacy and mathematics which was derived by determining the school
at the 20th percentile in the state based on total enrollment, among all
schools ranked by the percentage of students at the proficient level, using
data for the 2001-2002 school year or subsequent year for which there is a
recalculation.
3.52 "Substantial
Reading Deficiency" - a determination for first and second grade students who
score in the Below Basic Category on the State Reading Assessment in the
previous school year and for kindergarten students who are rated as Delayed in
both oral communication and written language on the Uniform Reading Scale
(URS).
3.53 Uniform School
Readiness Screening" - uniform, objective evaluation procedures that are geared
to either kindergarten or first grade, as appropriate, and developed by the
State Board and specifically formulated for children entering public school for
the first time.
4.0
Academic Content Standards
4.01 The Board
shall establish clear, specific, challenging academic content standards, which
define what students shall know and be able to do in each content area.
Instruction in all public schools shall be based on these academic content
standards.
4.02 The Board shall
establish a schedule for periodic review and revision of academic content
standards to ensure that Arkansas academic content standards are rigorous and
equip students to compete in the global workforce. For each review, the
Department will provide the following:
4.02.1
Study and consideration of academic content standards from across the nation
and international levels as appropriate;
4.02.2 Study and consideration of evaluations
from national groups or organizations as appropriate;
4.02.3 Revisions by committees composed of
Arkansas teachers and instructional supervisory personnel from public schools,
assisted by teachers from institutions of higher education;
4.02.4 Review and input by the Departments of
Higher Education and Career Education as well as community members;
and
4.02.5 Public dissemination of
revised academic content standards at the Board meeting and on the Department
web site.
4.03 The Board
shall provide for external review of academic content standards by nationally
recognized content experts in the discipline/area under
consideration.
4.04 The Board shall
establish a clear, concise system of reporting the academic performance of each
school on the state's mandated augmented criterion-referenced or
norm-referenced assessments, that conform with the requirements of current
state and federal law.
4.05
Academic standards for every level of the grades kindergarten through twelve
(K-12) education system and education financial resources shall be aligned with
student performance expectations at each level of the grades kindergarten
through twelve (K-12) education system.
4.06 The State Board voted to participate in
the Common Core State Standards for English Language Arts (ELA) and Mathematics
in July 2010. The Common Core State Standards can be found at:
http://www.corestandards.org/the-standards
The Common Core State Standards for ELA and Mathematics, as they existed on July 9, 2012, are hereby incorporated into these Rules by reference.
5.0
Arkansas Comprehensive Assessment Program
The Board shall establish a statewide assessment system for grades K through 12 to be implemented in each public school in the State by the Department. All districts shall comply with the requirements of the assessment system. Failure to do so shall result in a recommendation to the Board for Probationary status or loss of accreditation as set out in the Standards for Accreditation, or for other intervention or sanction as allowed or required by these rules, state or federal law. The Arkansas Department of Education shall transition to the PARCC assessments by the 2014-2015 school year.
School district boards of directors shall not establish school calendars that jeopardize or limit the valid testing and comparison of student learning gains.
Every student attending an Arkansas public school shall participate in the statewide program of educational assessments required in Ark. Code Ann. §§ 6-15-419, 6-15-433, 6-15-2009 and established by the State Board.
5.01
Kindergarten, Grade One and Grade Two
5.01.1
The Board shall adopt and the Department shall implement a developmentally
appropriate uniform school readiness screening to validate a child's school
readiness as part of a comprehensive evaluation design The Department shall
require that all school districts administer the uniform school
readiness-screening to each kindergarten student in the district upon the
student's entry into kindergarten. Children who enter public school for the
first time in first grade must be administered the uniform school readiness
screening developed for use in the first grade.
5.01.2 Grades 1 and 2: The Department shall
select a developmentally appropriate assessment to be administered to all
students in first grade and second grade in reading and mathematics.
5.02 Criterion-Referenced Tests -
Grades three through eight and high school
5.02.1 The Department shall develop and
implement an augmented, criterion-referenced, or norm-referenced assessment as
follows:
(1) Grades three (3) through eight
(8) which measures application of knowledge and skills in English language arts
and mathematics and science in Grades 5 and 7;
(2) End-of-Course testing in Algebra I,
Geometry and Biology;
(3) High
school literacy that measures application of knowledge and skills in English
language arts; and
(4) social
studies as funds are available and approved by the State Board of
Education.
5.02.2 All
criterion-referenced assessments shall be based on the Arkansas Curriculum
Frameworks and Academic Content Standards.
5.02.3 All students in Grades 3 - 8 as well
as all students enrolled in courses for which End-of-Course assessments are
administered, shall take the criterion-referenced assessments on the testing
dates established by the Department. This requirement includes the high school
literacy assessment. This authority shall include field testing and any other
requirements needed to establish fully-developed assessment instruments and
methodologies.
5.02.4 Each school
district shall administer augmented criterion-referenced assessments to its
students according to procedures established by the Commissioner of Education
and specified in the applicable assessment administration materials.
5.02.5 Accounting for Students with
Disabilities and Limited English Proficient Students
5.02.5.1 Each student in the specified grades
or courses shall participate as outlined in the test coordinator's handbook. A
student shall participate in the Arkansas Alternate Assessment Program only
upon the formal determination of the student's individual education program
(IEP) committee, as documented in the student's individual educational
program.
5.02.5.2 The Individual
Education Program (IEP) committee shall determine whether participation in the
standard state assessment program is appropriate for students with lEPs.
Students with disabilities for whom it is deemed inappropriate to take the
standard state assessments (augmented benchmarks, End-of-Course, and High
School Literacy) with the established accommodations shall participate in the
Arkansas Alternate Assessment Program following the guidelines established by
the Board.
5.02.5.3 Scores for
students with disabilities shall be reported with other assessment results from
the school.
5.02.5.5 ELs with less
than one year in a U.S. school will not be required to take the State required
literacy benchmark test or the High School Literacy Assessment. Districts may
exercise this option. ELs must take the appropriate mathematics and science
tests.
5.02.6
End-of-Course Assessments
5.02.6.1 Every
student attending an Arkansas public school in Arkansas shall participate in
the actual course and statewide program of end-of-course assessments as
designated by the State Board.
5.02.6.2 Every student required to
participate in the statewide program of educational assessments required by
Ark. Code Ann. §
6-15-2009 shall not
receive credit on his or her transcript for Algebra, Geometry, Biology, or any
other course that requires an end-of-course assessment for which the student
has not received the requisite scale score on a general end-of-course
assessment, until the student is identified as having participated in
remediation through an individual academic improvement plan.
5.02.6.3 The individual academic improvement
plan shall include remediation activities focuses on those areas for need for
students who failed to meet the requisite score on an end-of-course
assessment.
5.02.6.4 For the
purpose of an end-of course assessment, remediation does not require that a
student retake a subsequent end-of-course assessment in order to receive
academic credit for a course.
5.02.6.5 The end-of-course assessment program
shall be maintained in such a manner as to meet the requirements of state and
federal law, including the full range of students with disabilities.
5.02.6.6 The superintendent of each public
school district shall be responsible for the proper administration of Ark. Code
Ann. §
6-15-2009 and these
Rules to implement the requirements of Ark. Code Ann. §
6-15-2009.
5.02.6.7 To the extent that a public school
district is determined to have knowingly failed to administer the provisions of
applicable law or these Rules, the superintendent's license shall be subject to
probation, suspension, or revocation under Ark. Code Ann. §
6-17-410.
5.02.6.8 The ADE shall establish and publish
by Commissioner's Memo each school year an end-of-course assessment cycle for
end-of-course assessments that shall be strictly followed by school districts
unless a school district has received a written waiver from the ADE because of
a catastrophic occurrence.
5.02.6.9
The ADE shall prepare and develop the form of end-of-course assessments along
with any and all documents, manuals, forms and protocols necessary for the
proper administration, completion, submission and scoring of the assessment.
The assessment shall be composed of sections that may include both multiple
choice and open-response test items.
5.02.6.10 All Arkansas laws and ADE rules
governing test administration, security and confidentiality that apply to
examinations given to Arkansas public schools from K-12 grade shall apply in
full to all end-of-course assessments and alternative assessments set forth
under Ark. Code Ann. §
6-15-2009.
5.02.6.11 The ADE shall take steps to ensure
that the end-of-course assessments are properly aligned with state standards
and that professional development training is available for teachers teaching
courses for which an end-of-course assessment is required.
5.02.6.12 In administering the assessments
under Ark. Code Ann. §
6-15-2009 and these
Rules, the school district shall provide state-approved accommodations for
students with state-recognized disabilities and for English language learners
as allowed by law and ADE rules.
5.02.6.13 The ADE shall establish and
promulgate by way of these Rules the requisite scale score requirement for any
Arkansas public school student taking each end-of-course assessment and
alternative assessment.
5.03 Norm-Referenced Tests
5.03.1 The Board shall adopt a
norm-referenced test to be administered in grade 3 through grade 9 in
mathematics and reading and in science at grades 5 and 7, which shall be
administered by the Department annually.
5.03.2 Each school district shall administer
the norm-referenced tests to its students according to procedures established
by the Department and specified in the applicable test administration
materials.
5.04 National
Assessment of Educational Progress
5.04.1
Selected schools shall participate in any and all components of the National
Assessment of Educational Progress (NAEP).
5.04.2 Any school that fails to participate
in the administration of any NAEP assessment shall be reported to the Board and
may be subject to probationary status as set out in the Standards for
Accreditation.
5.05 Test
Administration
5.05.1 The Department shall
establish mandatory training sessions for local district testing coordinators
and other appropriate school personnel to ensure understanding of the
administration of assessments and effective use of assessment reporting data to
improve classroom instruction and learning to provide program
evaluation;
5.05.2 The
superintendent or his/her designee in each school district shall be responsible
for coordinating all local assessment activities including:
5.05.2.1 Scheduling testing times of all
affected campuses according to the testing calendar developed by the
Department;
5.05.2.2 Ensuring that
security is maintained as specified in the appropriate testing administration
materials;
5.05.2.3 Ensuring that
all district personnel involved in the testing have been properly trained as
specified by the Department;
5.05.2.4 Ensuring that all testing
instruments are administered to all students according to the procedures
established by the Commissioner of Education and specified in the applicable
assessment administration materials;
5.05.2.5 Ensuring that all assessment
documents and student identification information are properly and accurately
coded;
5.05.2.6 Attesting whether
ALL students have participated in the appropriate grade-level assessments);
and
5.05.2.7 Recommending for
adoption by local school boards a school calendar that in no way jeopardizes or
limits the valid testing and comparison of students' learning gains.
5.05.3 The appropriate test
administration materials shall specify any allowable accommodations available
to students participating in the administration of standard state
assessments.
5.05.4 All students
enrolled in a State-tested grade shall be accounted for in the Arkansas
Comprehensive Assessment Program.
5.06 A Technical Advisory Committee composed
of nationally-recognized testing experts and psychometricians shall be selected
by the Commissioner of Education and shall advise the Department in all
technical aspects of the assessment system.
5.07 Test Security and Confidentiality
5.07.1 Violation of the security or
confidential integrity of any test or assessment is prohibited.
5.07.2 The Board shall sanction a person who
engages in conduct prohibited by this section. Sanctions shall be considered
and imposed in compliance with the Department's rules Governing Alleged Testing
Improprieties or in the Department's Rules Governing Background Checks and
License Revocation, as appropriate. Additionally, the Board may sanction a
school district or school, or both, in which conduct prohibited in this section
occurs. Sanctions imposed by the Board may include without limitation one (1)
or more of the following:
5.07.2.1
Revocation, suspension, or probation of an individual's license,
5.07.2.2 Issuance of a letter of reprimand to
a licensed individual to be placed in his or her state eel professional
licensure file;
5.07.2.3 Additional
training or professional development to be completed by a licensed individual
within the time specified;
5.07.2.4
Additional professional development to be administered by the school district
or open-enrollment public charter school to all licensed school district
personnel involved in test administration within the time specified;
5.07.2.5 Issuance of a letter of warning to
the school district or open-enrollment public charter school; and
5.07.2.6 Establishment of a school district
or open-enrollment public charter school plan containing strict test security
guidelines that will implement procedures to ensure the security and
confidential integrity of all assessment instruments.
5.07.2.7 Professional development required
pursuant to this section as a result of violating test security or
confidentiality may be in addition to professional development required for
licensure.
5.07.3
Procedures for maintaining the security and confidential integrity of all
testing and assessment instruments and procedures shall be specified in the
appropriate test or assessment administration instructions. Conduct that
violates the security or confidential integrity of a test or assessment is
defined as any departure from either the requirements established by the
Commissioner of Education for the administration of the assessment or from the
procedures specified in the applicable test administration materials. Conduct
of this nature may include, but is not limited to, the following acts and
omissions:
5.07.3.1 Viewing secure assessment
materials;
5.07.3.2 Duplicating
secure assessment materials;
5.07.3.3 Disclosing the contents of any
portion of secure assessment materials;
5.07.3.4 Providing, suggesting, or indicating
to an examinee a response or answer to any secure assessment items;
5.07.3.5 Aiding or assisting an examinee with
a response or answer to any secure assessment item;
5.07.3.6 Changing or altering any response or
answer of an examinee to a secure assessment item;
5.07.3.7 Failing to follow the specified
testing procedures or to proctor students;
5.07.3.8 Failing to administer the assessment
on the designated testing dates;
5.07.3.9 Encouraging or assisting an
individual to engage in the conduct described herein;
5.07.3.10 Failing to report to the
appropriate authority that an individual has engaged in conduct set forth is
this section;
5.07.3.11 Failing to
follow the specified procedures and required criteria for alternate
assessments; or
5.07.3.12 Failing
to return the secured test booklets to the testing company in a timely
manner.
5.07.4 The
superintendent of each school district shall develop procedures to ensure the
security and confidential integrity of all assessment instruments and test
items. The superintendent shall be responsible for immediately notifying the
Department in writing of conduct that violates the security or confidential
integrity of an examination or assessment.
6.0 Student Performance Levels
6.01 The Board shall establish four (4)
performance levels for each criterion-referenced assessment administered as
part of ACTAAP. The Board shall establish five (5) performance levels for the
Alternate Assessment for Students with Disabilities as part of ACTAAP. Those
performance levels shall be:
(1) Not
Evident;
(2) Emergent;
(3) Supported Independence;
(4) Functional Independence; and
(5) Independent. Performance levels shall be
established for mathematics, reading/language arts and science independently.
Additionally, the Board shall establish a pass/proficiency rate for each
end-of-course assessment.
6.02 The Board shall establish four (4)
performance levels for Grades K-2 for the norm-referenced assessment
administered as part of the Arkansas Comprehensive Assessment Program for
reading and mathematics. The following numerical scores define those
performance levels.
|
Mathematics Norm Referenced Assessment standard score cut scores* |
||||
|
Grade |
Below Basic |
Basic |
Proficient |
Advanced |
|
K |
0-120 |
121-128 |
129-136 |
137-400 |
|
1 |
0-134 |
135-146 |
147-159 |
160-400 |
|
2 |
0-148 |
149-164 |
165-181 |
182-400 |
Lowest possible standard score value is 80
|
Reading Norm-Referenced Assessment standard score cut scores* |
||||
|
Grade |
Below Basic |
Basic |
Proficient |
Advanced |
|
K |
0-119 |
120-127 |
128-137 |
138-400 |
|
1 |
0-136 |
137-145 |
146-158 |
159-400 |
|
2 |
0-153 |
154-165 |
166-182 |
183-400 |
Lowest possible standard score value is 80
6.03 The following
numerical scores define the performance levels on the criterion-referenced
assessments and on the Alternate Assessments for Students with Disabilities for
Not Evident, Emergent, Supported Independence, Functional Independence and
Independent. Functional Independence and Independent are considered to be grade
level.
|
Mathematics Criterion Referenced Assessments (Augmented Benchmark Exams) Scale Score Ranges |
||||
|
Grade |
Below Basic |
Basic |
Proficient |
Advanced |
|
3 |
0-408 |
409-499 |
500 - 585 |
586 & above |
|
4 |
0-494 |
495 - 558 |
559 - 639 |
640 & above |
|
5 |
0-543 |
544 - 603 |
604 - 696 |
697 & above |
|
6 |
0-568 |
569 - 640 |
641 - 721 |
722 & above |
|
7 |
0-621 |
622 - 672 |
673 - 763 |
764 & above |
|
8 |
0-654 |
655 - 699 |
700 - 801 |
802 & above |
|
Literacy Criterion Referenced Assessments (Augmented Benchmark Exams) Scale Score Ranges |
||||
|
Grade |
Below Basic |
Basic |
Proficient |
Advanced |
|
3 |
0-329 |
330 - 499 |
500 - 653 |
654 & above |
|
4 |
0-353 |
354 - 558 |
559 - 747 |
748 & above |
|
5 |
0-381 |
382 - 603 |
604 - 798 |
799 & above |
|
6 |
0-416 |
417-640 |
641 - 822 |
823 & above |
|
7 |
0-425 |
426 - 672 |
673 - 866 |
867 & above |
|
8 |
0-506 |
507 - 699 |
700-913 |
914 & above |
|
Science Criterion Referenced Assessments (Augmented Benchmark Exams) Scale Score Ranges |
||||
|
Grade |
Below Basic |
Basic |
Proficient |
Advanced |
|
5 |
0-153 |
154- 199 |
200 - 249 |
250 & above |
|
7 |
0-151 |
152-199 |
200 - 249 |
250 & above |
|
End-of-Course Algebra 1 Scale Score Ranges |
|||
|
Below Basic |
Basic |
Proficient |
Advanced |
|
0- 151 |
152- 199 |
200 - 249 |
250 & above |
|
End-of-Course Geometry Scale Score Ranges |
|||
|
Below Basic |
Basic |
Proficient |
Advanced |
|
0-151 |
152-199 |
200 - 249 |
250 & above |
|
End-of-Course Biology Scale Score Ranges |
|||
|
Below Basic |
Basic |
Proficient |
Advanced |
|
0-145 |
146-199 |
200 - 249 |
250 & above |
|
Grade 11 Literacy Scale Score Ranges |
|||
|
Below Basic |
Basic |
Proficient |
Advanced |
|
0-168 |
169-199 |
200 - 227 |
228 & above |
|
Mathematics Alternate Assessment for Students with Disabilities Scale Score Ranges |
|||||
|
Grade |
Not Evident |
Emergent |
Supported Independence |
Functional Independence |
Independent |
|
3 |
520 - 672 |
673 - 703 |
704 - 708 |
709 - 723 |
724 - 733 |
|
4 |
523 - 673 |
674 - 707 |
708-712 |
713-721 |
722 - 736 |
|
5 |
545 - 674 |
675 - 708 |
709-713 |
714-725 |
726 - 733 |
|
6 |
535 - 677 |
678 - 708 |
709-714 |
715-722 |
723 - 731 |
|
7 |
478 - 675 |
676 - 705 |
706-713 |
714-720 |
721 -731 |
|
8 |
484 - 697 |
698-717 |
718-725 |
726 - 727 |
728 - 738 |
|
Literacy Alternate Assessment for Students with Disabilities Scale Score Ranges |
|||||
|
Grade |
Not Evident |
Emergent |
Supported Independence |
Functional Independence |
Independent |
|
3 |
487-663 |
664 - 685 |
686-710 |
711 -730 |
731 - 734 |
|
4 |
503 - 672 |
673 - 692 |
693-712 |
713-727 |
728 - 733 |
|
5 |
545 - 664 |
665 - 692 |
693-717 |
718-730 |
731 - 735 |
|
6 |
518-637 |
638 - 684 |
685 - 709 |
710-721 |
722 - 732 |
|
7 |
464 - 620 |
621 - 674 |
675 - 708 |
709 - 722 |
723 - 736 |
|
8 |
442 - 622 |
623 - 690 |
691-719 |
720 - 726 |
727 - 742 |
|
Science Alternate Assessment for Students with Disabilities Scale Score Ranges |
|||||
|
Grade |
Not Evident |
Emergent |
Supported Independence |
Functional Independence |
Independent |
|
5 |
563 - 700 |
701 -718 |
719-723 |
724 - 730 |
731 -736 |
|
7 |
490 - 670 |
671 - 688 |
689 - 705 |
706 - 720 |
721 -733 |
|
Grade 9 Mathematics Alternate Assessment for Students with Disabilities Scale Score Ranges |
||||
|
Not Evident |
Emergent |
Supported Independence |
Functional Independence |
Independent |
|
0-99 |
100-149 |
150-199 |
200 - 249 |
250 - 300 |
|
Science Grade 10 Alternate Assessment Scale Score Ranges |
||||
|
Not Evident |
Emergent |
Supported Independence |
Functional Independence |
Independent |
|
486 - 600 |
601 - 664 |
665 - 692 |
693-715 |
716-742 |
|
Grade 11 Literacy Alternate Assessment for Students with Disabilities Scale Score Ranges |
||||
|
Not Evident |
Emergent |
Supported Independence |
Functional Independence |
Independent |
|
483 - 595 |
596 - 655 |
656 - 680 |
681 - 692 |
693 - 740 |
7.0 Student Accountability
7.01 By the year 2013-2014 all students are
expected to perform at the proficient level or above.
7.02 Students identified as failing to
achieve at the proficient level on a) the state mandated CRT (as referenced in
Section 6.04 tables: Mathematics Criterion Referenced Assessments, Science
Criterion Referenced Assessments, Literacy Criterion Referenced Assessments),
b) students in grade K scoring delayed on either written language or oral
communications and scoring delayed in mathematics on the state mandated uniform
readiness screening (as referenced in Section 3.46 Uniform School Readiness
Screening); and c) students in grades 1 and 2 not scoring proficient on the
state mandated NRT(as referenced in Section 6.02 tables, Mathematics Norm
Referenced Assessment standard score cut scores and Reading Norm-Referenced
Assessment standard score cut scores), shall be evaluated by school personnel,
who shall jointly develop a remediation plan with the student's parents. The
remediation plan (AIP or if appropriate IRI) will assist the student in
achieving the expected standard and will describe the parent's role and
responsibilities as well as the consequences for the student's failure to
participate in the plan.
7.02.1 The AIP shall
be prepared using the format designed by the Department of Education. However,
the local school may adjust the format as deemed necessary.
7.02.2 The AIP shall be developed
cooperatively by appropriate teachers and/or other school personnel
knowledgeable about the student's performance or responsible for the
remediation in consultation with the student's parents. An analysis of student
strengths and deficiencies based on test data and previous student records
shall be available for use in developing the plan. The plan shall be signed by
the appropriate school administrator and the parent/guardian.
7.02.3 The AIP should be flexible, should
contain multiple remediation methods and strategies, and should include an
intensive instructional program different from the previous year's regular
classroom instructional program. Examples of strategies and methods include,
but are not limited to, computer assisted instruction, tutorial, extended year,
learning labs within the school day, Saturday school, double blocking
instruction in deficient areas during the school day, extended day
etc.
7.02.4 The AIP shall include
formative assessment strategies and shall be revised periodically based on
results from the formative assessment.
7.02.5 The AIP shall include standards-based
supplemental/remedial strategies aligned with the child's
deficiencies.
7.02.6 A highly
qualified teacher and/or a highly qualified paraprofessional under the guidance
of a highly qualified teacher shall provide instructional delivery under the
AIP.
7.02.7 The AIP should contain
an implementation timeline that assures the maximum time for remedial
instruction.
7.02.8 AlPs should be
individualized; however, similar deficiencies based on test data, may be
remediated through group instruction.
7.02.9 In any instance where a student with
disabilities identified under the Individuals with Disabilities Education Act
has an Individualized Education Program (IEP) that already addresses any
academic area or areas in which the student is not proficient on state-mandated
augmented, criterion-referenced, or norm-referenced assessments, the
individualized education program shall serve to meet the requirement of an
AIP.
7.03 Retention for
failure to participate in the Academic Improvement Plan
7.03.1 The public school district where the
student is enrolled shall notify the student's parent, guardian, or caregiver
of the parent's role and responsibilities as well as the consequences for the
student's failure to participate in the plan. This notice may be provided via
student handbooks issued to students.
7.03.2 A student in grades three (3) through
eight (8), identified as not meeting the requisite scale score on the
criterion-referenced assessment and failing to participate in the subsequent
AIP shall be retained and shall not be promoted to the next appropriate grade
until the student is deemed to have participated in the AIP or the student
passes the benchmark assessment for the current grade level in which the
student is retained. The local district shall determine the extent of the
required participation in remediation as set forth in the student academic
improvement plan.
7.03.3 Any
student required to take an end-of-course assessment who is identified as not
meeting the requisite scale score for a particular assessment shall participate
in the remediation activities as required by the student's individualized AIP
in the school year that the assessment results are reported in order to receive
academic credit on his or her transcript for the course related to the
end-of-course assessment.
7.03.3.1 The
individualized AIP shall include remediation activities focused on those areas
in which a student failed to meet the requisite scale score of an end-of-course
assessment.
7.03.3.2 A student who
is identified as not meeting the requisite scale score for an end-of-course
assessment shall not receive academic credit on his or her transcript for the
courses related to the end-of-course assessment until the student is identified
as having participated in remediation through an individualized AIP.
7.03.4 Remedial activities and
instruction provided during high school shall not be in lieu of English
language arts, mathematics, science, history or other core courses required for
graduation.
7.03.5 Any student who
does not score at the Proficient level on the criterion-referenced assessments
in English language arts and mathematics shall continue to be provided with
remedial or supplemental instruction until the expectations are met or the
student is not subject to compulsory school attendance.
7.03.6 Any student that has an AIP and fails
to remediate, but scores at the Proficient level on the criterion-referenced
assessments, shall not be retained.
7.03.7 Students not proficient on the High
School Literacy Test shall participate in a remediation program.
7.03.8 The State Board may require
remediation activities and an individualized academic improvement plan for a
student in grade eleven (11) or below who does not meet the requisite scale
score for a particular college and career readiness measurement.
7.03.8.1 The State Board may require that the
individualized academic improvement plan include one (1) or more opportunities
for a student to retake the measurement.
7.03.8.2 For the purpose of a college and
career readiness measurement, remediation shall not require that a student pass
a subsequent college and career readiness measurement in order to graduate from
an Arkansas high school.
7.04 The results of end-of-course assessments
shall become a part of each student's transcript or permanent record. Each
course for which a student completes the end-of-course assessment shall be
recorded with the performance level (advanced, proficient, basic or
below-basic).
7.05 Each year the
ADE shall make public item and task prototypes for the English language arts
and mathematical assessments required by these rules or a selection of actual
items and tasks from the most recent assessments.
7.06 The Department shall implement a
statistical system that shall provide the best analysis of classroom, school,
and school district effects on student progress based on established,
value-added longitudinal calculations, which shall measure the difference in a
student's previous year's achievement compared to the current year achievement
for the purposes of improving student achievement, accountability, and
recognition.
7.07 The approach used
by the Department shall be in alignment with federal statutes and developed in
2004-2005 to collect data to allow research and evaluation of student
achievement growth models.
7.08 The
approach shall include value-added longitudinal calculations with sufficient
transparency in the model's conception and operation to allow others in the
field to validate or replicate the results and an assessment of the model's
accurateness in relation to other models.
7.09 Reading Deficiency for Students in
Kindergarten through Grade Two
7.09.1 Any
student who exhibits a substantial deficiency in reading, based upon statewide
assessments conducted in grades kindergarten through two (K-2), or through
teacher observations, shall be provided intensive reading instruction utilizing
a scientifically-based reading program. The intensive instruction shall
systematically, explicitly, and coherently provide instruction in the five
essential elements of reading as defined in Section 3.23. The student shall
continue to be provided with intensive reading instruction until the reading
deficiency is corrected.
7.09.2 The
State Board of Education established performance levels for kindergarten, grade
1 and grade 2 that define substantial difficulties in reading based on the
state-mandated, developmentally appropriate assessment. The state-mandated
Uniform Screening Readiness (USR) instrument shall be used to determine
substantial reading difficulty for kindergarten students.
7.09.3 All kindergarten students exhibiting
substantial difficulties in reading will be evaluated by school personnel for
the purpose of diagnosing specific reading difficulties. This evaluation will
occur within 30 days of receiving the USR results.
7.09.4 Within 30 days of the beginning of
school, grade 1 and grade 2 students exhibiting substantial difficulties in
reading will be evaluated by school personnel for the purpose of diagnosing
specific reading difficulties. However, in those school years in which the
State Board of Education shall revise the performance levels schools shall be
allowed 30 days from the date of the final approval to conduct the
evaluation.
7.09.5 The evaluation
shall include the Dynamic Indicators of Basic Early Literacy Skills
(DIBELS).
7.09.6 School personnel
shall develop an Intensive Reading Improvement plan (IRI) that describes the
intervention program for any student identified with substantial reading
difficulty. The IRI shall be developed cooperatively by appropriate teachers
and/or other school personnel knowledgeable about the student's performance or
responsible for remediation.
7.09.7
The IRI shall contain an implementation timeline that assures the maximum time
for remedial instruction. The intervention shall occur during the regular
school day whenever possible, but may include extended day when appropriate.
The intervention shall supplement, and not supplant, core classroom
instruction.
7.09.8 The IRI shall
include valid and reliable progress monitoring assessments to measure student
growth toward the grade level benchmarks in each essential element of
reading.
7.09.9 The intensive
reading instruction provided under the IRI shall utilize strategies that are
aligned with scientifically-based reading research.
7.09.9.1 The intensive instruction shall
systematically, explicitly and coherently provide instruction in the five
essential areas of reading. The intensity and focus of the instruction shall be
based on the evaluation results, teacher observation, and data from progress
monitoring assessments. The intervention plan shall be revised periodically to
reflect student needs as indicated on progress monitoring
assessments.
7.09.9.2 The IRI
should be individualized; however, similar deficiencies may be remediated
through group instruction.
7.09.9.3
A highly qualified teacher and/or a highly qualified paraprofessional under the
guidance of a highly qualified teacher shall provide instruction under the
IRI.
7.09.9.4 The intervention
shall continue until the child has reached grade level benchmarks in all
essential areas of reading.
7.09.10 Student achievement in each of the
essential elements shall be monitored monthly after students complete the
intervention. Students who are not meeting current expectations shall be
provided additional interventions.
7.09.11 In any instance where a student with
disabilities identified under the Individuals with Disabilities Act has an IEP
that already addresses reading deficiencies, the individual education program
shall serve to meet the requirements of the IRI.
7.10 The parent or guardian of any student
identified with a substantial reading deficiency shall be notified in writing
to include the following:
7.10.1 That the
child has been identified as having a substantial deficiency in
reading;
7.10.2 A description of
the current services that are provided to the child; and,
7.10.3 A description of the proposed
supplemental instructional services and supports that will be provided to the
child that are designed to remediate the identified area of reading
deficiency.
8.0 School Accountability
NOTE: Consult Section 13.00 of these Rules for applicable ESEA flexibility provisions as approved by the US Ed on June 29, 2012.
8.01 The Department of Education shall
provide analyses of data produced by the Arkansas Comprehensive Assessment
Program and other reliable measures of student learning to determine classroom,
school, and school district academic performance.
8.02 Student performance trend data shall be
included in the components used in developing objectives of the school
improvement plan, internal evaluations of instructional and administrative
personnel, assignment of staff, allocation of resources, acquisition of
instructional materials and technology, performance-based budgeting, and
assignment of students into educational programs of the local school
program.
8.03 Each school shall
develop one (1) Arkansas Comprehensive, School Improvement Plan (ACSIP) focused
on student achievement. This requirement is intended to focus the school and
school district annually on the school's performance rate data for the purposes
of improving student performance based on data and the performance of students
on the state assessment system.
8.04 The purpose of ACSIP is to provide equal
opportunity for all students, including identifiable subgroups, to meet the
expected performance rate levels established by the Board on all State
assessments.
8.05 Consistent with
the No Child Left Behind Act, each school must make adequate yearly progress
(AYP), based primarily on the administration of the criterion-referenced
assessments described in Section 5.02. In order to make AYP, a school or school
district must-
* Demonstrate that at least 95 percent of all students and of students in each applicable subgroup, as provided in Section 8.06, at the tested grade levels, participated in the assessments;
* Meet or exceed the annual measurable performance levels described in Section 9.0, based on the percentages of students scoring proficient or above on the assessments, overall and for each applicable subgroup; or alternatively, if the total group or any subgroup does not meet the annual measurable performance levels, demonstrate that the percentage of students in that subgroup who did not meet the proficient level for that year decreased by 10 percent of that percentage from the preceding school year and that the subgroup made progress on one additional academic indicator; and
* Show progress for all students on an additional academic indicator, which shall be graduation rate for high schools and percent attendance for elementary and middle schools.
8.06 The following subgroups must be included
in the school/school district data disaggregation:
8.06.1 Students with Disabilities;
8.06.2 Students who are English Language
Learners;
8.06.3 Economically
Disadvantaged Students; and
8.06.4
Ethnic Subgroups;
8.06.4.1 Caucasian
8.06.4.2 African American
8.04.4.3 Hispanic
8.07 A school must meet AYP
criteria overall and for each of these subgroups that meets the minimum group
size as determined by the Department of Education and approved by the U.S.
Department of Education.
8.08 The
Department will determine AYP separately for mathematics and literacy, using
appropriate statistical treatments. Based on the single statewide starting
point described in this section, annual performance levels assure that ALL
students will reach proficient by school year 2013-2014.
8.09 The Department will determine for each
school in the state the percent of students performing at the proficient or
advanced levels. This percentage will be determined by computing the sum of
students proficient or advanced for the current year or the most recent three
years across each grade for which there is a criterion-referenced assessment.
That sum is divided by the total number of students assessed for that year or
across those three years and grades. This number shall include students taking
alternate assessments. The percentage shall be determined separately for
mathematics and reading/literacy.
8.10 The AYP starting point regarding percent
proficient on state assessments will be determined for grade-level clusters K-
5; 6 - 8; and 9-12 and separately for mathematics and
reading/literacy.
8.11 The AYP
starting point will be determined by ranking each school within the grade-level
by the percent proficient. Additionally, the ranking will include the total
student enrollment for those grades using October 1, 2002, data or October 1 of
a subsequent year for which there is a recalculation.
8.12 The goal of NCLB is for all students to
be proficient in language arts and math by 2014. Therefore, the Department of
Education will determine the "starting point" for AYP as set forth in Section
3.44 above.
8.13 The following
table establishes the starting point and projected performance level for each
year of the twelve years addressed by the No Child Left Behind Act.
Calculating AYP and Annual Expected Performance Levels
|
K-5 Math |
K-5 Literacy |
6-8 Math |
6-8 Literacy |
9-12 Math |
9-12 Literacy |
|
|
Year 05-06 |
40.00 |
42.40 |
29.10 |
35.20 |
29.20 |
35.50 |
|
Year 06-07 |
47.50 |
49.60 |
37.96 |
43.30 |
38.05 |
43.56 |
|
Year 07-08 |
55.00 |
56.80 |
46.83 |
51.40 |
46.90 |
51.63 |
|
Year 08-09 |
62.50 |
64.00 |
55.69 |
59.50 |
55.75 |
59.69 |
|
Year 09-10 |
70.00 |
71.20 |
64.55 |
67.60 |
64.60 |
67.75 |
|
Year 10-11 |
77.50 |
78.40 |
73.41 |
75.70 |
73.45 |
75.81 |
|
Year 11-12 |
85.00 |
85.60 |
82.28 |
83.80 |
82.30 |
83.88 |
|
Year 12-13 |
92.50 |
92.80 |
91.14 |
91.90 |
91.15 |
91.94 |
|
Year 13-14 |
100.00 |
100.00 |
100.00 |
100.00 |
100.00 |
100.00 |
8.14
Each year, in determining whether a school has met the target of percent
proficient for that school year as listed on the chart, the Department shall
compare the school's percent proficient in the appropriate grade-level cluster
and content area with the statewide projected goal for that year. A school
shall be deemed to have met AYP for a particular year for a particular
grade-level cluster and content area as long as the school attains at least the
statewide projected goal.
8.15
Individual Schools identified by the Department as failing to meet established
levels of academic achievement shall be subject to sanctions as specified in
school improvement or academic distress.
8.16 Schools/School Districts exemplifying
exceptional performance levels and/or growth patterns shall be recognized for
exemplary performance and will be eligible to participate in the rewards
program.
9.0
Accountability
NOTE: Consult Section 13.00 of these Rules for applicable ESEA flexibility provisions as approved by the US Ed on June 29, 2012. Sections 9.13 and 9.14 of these Rules continue to apply along with Section 13.00 of these Rules.
Schools failing to meet Adequate Yearly Progress as determined under these Rules shall be classified subject to the following consequences.
9.01 A school will be
identified in alert status if it has not made AYP in the same subject
(Mathematics or Literacy) for one year.
9.02 A school will be identified as in
Improvement Status if it has not made AYP in the same subject (Mathematics or
Literacy) for two consecutive years.
9.03 A school in Alert Status or Improvement
Status that fails to make AYP, but does not fail to make AYP in the same
subject for two consecutive years, will remain in its existing status for the
following school year.
9.04 The
first year a school fails to meet expected performance levels, that school
shall be classified as on Alert Status. Any school classified on Alert Status
shall be required to review and/or revise the school's ACSIP Plan with special
attention given to State designated subgroup(s) which failed to meet expected
performance levels.
9.05 The local
school board president and the superintendent of a public school or school
district identified by the Department in school improvement shall be notified
in writing by the Department, via certified mail, return receipt requested, and
the school district shall have a right to appeal to the Commissioner of the
Department. The written appeal must be received in the Office of the
Commissioner of Education within thirty (30) calendar days of the receipt of
notice.
9.06 The second year a
school fails to make Adequate Yearly Progress, that school shall be classified
as Year 1 of School Improvement. Any school classified in Year 1 of School
Improvement shall offer eligible students choice options to another school in
the district not in school improvement.
9.07 The third year a school fails to make
Adequate Yearly Progress, that school shall be classified as Year 2 of School
Improvement. Any school classified in Year 2 of School Improvement shall offer
eligible students supplementary educational services in keeping with federal
guidelines in addition to continued consequences from Year 1 of School
Improvement.
9.08 Should a school
fail to make Adequate Yearly Progress in the fourth year, the Board shall
advance that school into corrective action. Schools in corrective action must
continue to offer consequences from School Improvement Year 2, and the school
must implement a plan, with the approval of the Department, having specified
corrective actions.
9.09 Should a
school fail to make Adequate Yearly Progress in the fifth year, the Board shall
advance that school into restructuring. In restructuring the Department may
require the school to dismiss staff and administrators, annex the school to
another school that is not in school improvement, and/or take other such action
as deemed necessary by the Department and the Board.
9.10 Once a school has been identified in
school improvement, that school must meet the standard(s) for which it failed
to meet for two consecutive years to be considered for removal.
9.11 Schools that receive Title I funds must
meet all funding requirements as specified by federal guidelines. Schools that
do not receive Title I funds must implement programming in keeping with the
school's ACSIP Plan as revised.
9.12 Schools designated in year two or
greater of school improvement shall participate in a scholastic audit conducted
by the Department of Education (or its designees).
9.12.1 Results of the scholastic audit shall
be presented to the superintendent within four (4) weeks of completing the
scholastic audit. The audit shall make recommendations to improve teaching and
learning for inclusion in the comprehensive school improvement plan.
9.13 Recognition Awards
9.13.1 Pursuant to Ark. Code Ann. §
6-15-2107m schools performing at the top twenty percent (20%) of all public
schools in Arkansas in combined student performance, student academic growth,
and, for a secondary school, graduate rate, are eligible for Arkansas School
Recognition Program rewards and performance-based funding.
9.14 Sanctions
9.14.1 Any school or district that is
involved in substantiated test security violations will not be eligible to
receive the "school of excellence" performance rating.
10.0 School District
Accountability
NOTE: During the time periods designated by the US Ed for which the ADE may receive flexibility from certain provisions of ESEA, the school district accountability provisions found in Section 13.00 of these Rules shall apply. Sections 10.04 through 10.07 of these Rules shall remain in place even during time periods designated by the US Ed for which the ADE may receive flexibility from certain provisions of ESEA.
10.01 The Department annually reviews each
district to determine whether the district is making AYP in the following way.
10.01.1 Determine the collective status for
all the schools within a district within each grade-level grouping (K-5; 6-8
and 9-12);
10.01.2 Determine the
district percent of participation across each grade level group; and
10.01.3 Determine the district status on
secondary indicator across each grade-level group.
10.01.4 A district shall be in school
improvement when all levels within a district fail to meet performance
standards for two consecutive years in the same subject. A district having
status of School Improvement shall be removed from that status when any one
level meets the performance standard for two consecutive years in that
subject.
10.02 Before
identifying a district for district improvement, the Department will provide
the district with an opportunity to review the data on which the identification
is based. The district may appeal the identification, and the Department will
decide the appeal within 30 days.
10.03 Each district identified for district
improvement shall within three months of identification develop or revise a
district improvement plan that complies with the requirements of the No Child
Left Behind Act, including the requirement that it spend not less than 10% of
its Part A, Title I funds on professional development for each fiscal year in
which the district is identified for improvement. The district shall initiate
implementation of the plan expeditiously, but not later than the beginning of
the next school year after the school year in which the district was identified
for improvement. The Department will provide technical assistance to districts
in developing and implementing improvement plans under this section.
10.04 Academic Distress - Procedures for
Identification, Classification and Appeal of Public School and Public School
Districts in Academic Distress
10.04.1 A
public school or public school district which meets the definition of "Academic
Distress" set forth in Section 3.02 of these rules shall be designated in
Academic Distress.
10.04.2 Within
thirty calendar days (30) after the release of the state assessment results by
the Department or upon making a determination that a school district has a
Needs Improvement -Priority school within the school district that has not made
the progress required under the school's Priority Improvement Plan (PIP), the
Department shall identify all public schools and public school districts in
Academic Distress and shall notify in writing each school district
superintendent and board president of the public school and public school
districts via certified mail, return receipt requested.
10.04.3 Any school district identified or in
which a public school is identified in academic distress may appeal to the
State Board by filing a written appeal with the Commissioner of Education via
certified mail, return receipt requested, within thirty (30) calendar days of
receipt of the written notice of academic distress status from the
Department.
10.04.4 The State Board
shall hear the appeal of the school district within sixty (60) days of receipt
of the written appeal in the Commissioner's office.
10.04.5 The State Board's determination shall
be final, except that a school district may appeal to Pulaski County Circuit
Court under the Arkansas Administrative Procedure Act, Ark. Code Ann. §
25-15-201, et
seq.
10.04.6 A school district or
public school identified by the Department as being in academic distress shall
be classified as a school district or public school in academic distress upon
final determination by the State Board.
10.05 Time Limitation of Academic Distress
Status
10.05.1 Except as otherwise set forth
in these Rules and Ark. Code Ann. §
6-15-429 and §
6-15-430, a public
school or public school district identified as in academic distress shall have
no more than five (5) consecutive school years from the date of classification
of academic distress status to be removed from academic distress
status.
10.05.2 The State Board may
at any time take enforcement action on any school district in academic distress
status including without limitation, annexation, consolidation, or
reconstitution of a school district pursuant to Ark. Code Ann. §
6-13-1401 et seq. and
the authority of Title 6, Chapter 15, Subchapter 4 of the Arkansas
Code.
10.05.3 The State Board may
take enforcement action at any time on a public school in academic distress
under these Rules and Title 6, Chapter 15, Subchapter 4 of the Arkansas
Code.
10.05.4 Except as otherwise
set forth in these Rules and Ark. Code Ann. §
6-15-429 and §
6-15-430(d),
a public school or school district shall not be allowed to remain in academic
distress status for a time period greater than five (5) consecutive school
years from the date of the classification of academic distress
status.
10.05.5 The State Board may
grant additional time for a public school or school district to remove itself
from academic distress by issuing a written finding supported by a majority of
the State Board explaining in detail that the public school or school district
could not remove itself from academic distress during the relevant time period
due to impossibility caused by external forces beyond the control of the public
school or school district.
10.05.6
If a public school or school district classified as being in academic distress
fails to be removed from academic distress status within the allowed five-year
time period and has not been granted additional time under these Rules or Ark.
Code Ann. §
6-15-429, the State
Board shall annex, consolidate, or reconstitute the public school or school
district before July 1 of the next school year.
10.06 Procedures for assisting school
districts in academic distress
10.06.1 Within
thirty (30) calendar days of classification by the State Board, each public
school and public school district in academic distress shall develop and file
with the Department a modified Comprehensive School Improvement Plan (District
Plan) to target and address any area in which the public school or public
school district is experiencing academic distress.
10.06.2 Within fifteen (15) calendar days of
classification by the State Board, the Department shall assign a team of
educators to evaluate the public school or public school district and determine
the need for on-site technical assistance or technical assistance via distance
technology.
10.06.3 The team of
educators shall evaluate and make recommendations to the public school or
public school district superintendent within sixty (60) calendar days following
the school's or district's classification as being in academic
distress.
10.06.4 Public schools
and public school districts classified as being in academic distress shall
provide access to all school and district assessment, instruction, personnel
and academic records and reports to assist the team in the formulation of the
recommendations for improvement.
10.06.5 The Department, with assistance from
the team of educators, shall review the data relative to the academic status
and performance of students in the academically distressed public school or
public school district.
10.06.6
Following the on-site review, the team of educators will submit a written set
of recommendations to the academically distressed public school or public
school district.
10.06.7 The
Department shall provide relevant technical assistance to each identified
public school or public school district based upon the needs identified in the
Comprehensive School Improvement Plan.
10.07 Procedures for evaluating and removal
of public schools and public school districts from academic distress status
10.07.1 The Department shall review and
annually report to the Board the academic conditions existing in each
academically distressed public school or public school district.
10.07.2 A public school or public school
district designated in Academic Distress shall be removed from Academic
Distress only upon vote of a majority of the quorum present of the State Board
and only after the Department has certified in writing to the State Board that
the school district has corrected all criteria for being classified as in
academic distress.
11.0 State_Board Authority
11.01 The Board shall have the following
authority regarding any public school district in academic distress:
11.01.1 Remove permanently, reassign, or
suspend on a temporary basis the superintendent of the school district and:
11.01.1.1. Appoint an individual in place of
the superintendent to administratively operate the school district under the
supervision and approval of the Commissioner of Education; and
11.01.1.2 Compensate from school district
funds the individual appointed to operate the school
district;
11.01.2 Suspend
or remove some or all of the current board of directors and call for the
election of a new board of directors for the school district, in which case the
school district shall reimburse the county board of election commissioners for
election costs as otherwise required by law;
11.01.3 Require the school district to
operate without a board of directors under the supervision of the
superintendent or an individual or panel appointed by the Commissioner of
Education;
11.01.4 Waive the
application of Arkansas law, with the exception of The Teacher Fair Dismissal
Act of 1983, Ark. Code Ann. §
6-17-1501 et seq., and the
Public School Employee Fair Hearing Act, Ark. Code Ann. §
6-17-1701 et seq., or the
corresponding State Board rules and regulations;
11.01.5 Require the annexation,
consolidation, or reconstitution of the school district;
11.01.6 In the absence of a board of
directors, direct the Commissioner to assume all authority of the board of
directors as may be necessary for the day-to-day governance of the school
district;
11.01.7 Return the
administration of the school district to the former board of directors or to a
newly elected board of directors if:
11.01.7.1 The Department of Education
certifies in writing to the State Board and to the school district that the
school district has corrected all issues that caused the classification of
academic distress; and
11.01.7.2
The State Board determines that the school district has corrected all issues
that caused the classification of academic distress; and
11.01.8 Take any other necessary and proper
action, as determined by the State Board, that is allowed by
law.
11.02 The State
Board shall have the following authority regarding any public school in
academic distress:
11.02.1 Require the
reorganization of the public school or reassignment of the administrative,
instructional, or support staff of the public school;
11.02.2 Require the public school to
institute and fully implement a student curriculum and professional development
for teachers and administrators that are based on state academic content and
achievement standards, with the cost to be paid by the school district in which
the public school is located;
11.02.3 Require the principal of the public
school to relinquish all authority with respect to the public school;
11.02.4 Waive the application of Arkansas law
or the corresponding State Board rules, with the exception of:
11.02.4.1 The Teacher Fair Dismissal Act of
1983, Ark. Code Ann. §
6-17-1501 et seq.;
and
11.02.4.2 The Public School
Employee Fair Hearing Act, Ark. Code Ann. §
6-17-1701 et
seq.;
11.02.5 Under The
Teacher Fair Dismissal Act of 1983, Ark. Code Ann. §
6-17-1501 et seq., reassign
or remove some or all of the licensed personnel of the public school and
replace them with licensed personnel assigned or hired under the supervision of
the Commissioner;
11.02.6 Remove
the public school from the jurisdiction of the school district in which the
public school is located and establish alternative public governance and
supervision of the public school;
11.02.7 Require closure or dissolution of the
public school;
11.02.8 Remove
permanently, reassign, or suspend on a temporary basis the superintendent of
the school district in which the public school is located. If the State Board
takes an action under Section 11.02.8 of these Rules, it may appoint an
individual in place of the superintendent to administratively operate the
school district under the supervision and approval of the commissioner and
compensate the appointed individual;
11.02.9 Take one (1) or more of the actions
under Section 11.01 of these Rules concerning the public school district where
the school is located;
11.02.10
Return the administration of the school district to the former board of
directors or to a newly elected board of directors if:
11.02.10.1 The Department certifies in
writing to the State Board and to the school district that the public school
has corrected all issues that caused the classification of academic distress
and that no public school within the school district is classified as being in
academic distress; and
11.02.10.2
The State Board determines the public school has corrected all issues that
caused the classification of academic distress and that no public school within
the school district is classified as being in academic distress; and
11.02.11 Take any other
appropriate action allowed by law that the State Board determines is needed to
assist and address a public school classified as being in academic
distress.
11.03 If the
State Board or the Commissioner assumes authority over a public school district
in academic distress under Sections 11.01 or 11.02 of these Rules, the State
Board may pursue the following process for returning a public school district
to the local control of its residents:
11.03.1 During the second school year
following a public school's or school district's classification of academic
distress status, the State Board shall determine the extent of the public
school or school district's progress toward correcting all criteria for being
classified as in academic distress;
11.03.2 If the State Board determines that
sufficient progress has been made by a public school or school district in
academic distress toward correcting all issues that caused the classification
of academic distress, but the public school or school district has not yet
resolved all issues that caused the classification of academic distress, the
Commissioner, with the approval of the State Board, may appoint a community
advisory board of either five (5) or seven (7) members to serve under the
supervision and direction of the Commissioner.
11.03.2.1 The members of the community
advisory board shall be residents of the school district and shall serve on a
voluntary basis without compensation.
11.03.2.2 The Department shall cause to be
provided to the community advisory board technical assistance and training in,
at a minimum, the areas required in Ark. Code Ann. §
6-13-629.
11.03.2.3 The duties of a community advisory
board include without limitation:
11.03.2.3.1
Meeting monthly during a regularly scheduled public meeting with the
state-appointed administrator regarding the progress of the public school or
school district toward correcting all issues that caused the classification of
academic distress;
11.03.2.3.2
Seeking community input from the residents of the school district regarding the
progress of the public school or school district toward correcting all issues
that caused the classification of academic distress;
11.03.2.3.3 Conducting hearings and making
recommendations to the Commissioner regarding personnel and student discipline
matters under the appropriate district policies;
11.03.2.3.4 Working to build community
capacity for the continued support of the school district; and
11.03.2.3.5 Submitting quarterly reports to
the Commissioner and the State Board regarding the progress of the public
school or school district toward correcting all issues that caused the
classification of academic distress.
11.03.2.3.6 The members of the community
advisory board shall serve at the pleasure of the Commissioner until the school
district is returned to local control and a permanent board of directors is
elected and qualified; or the State Board annexes, consolidates, or
reconstitutes the school district under Ark. Code Ann. §
6-15-430 or under
another provision of law;
11.03.2.4 By April 1 of each year following
the appointment of a community advisory board under 11.03.2 of these Rules, the
State Board shall determine the extent of the public school or school
district's progress toward correcting all issues that caused the classification
of academic distress and shall:
11.03.2.4.1
Allow the community advisory board to remain in place for one (1) additional
year;
11.03.2.4.2 Return the school
district to local control by calling for the election of a newly elected board
of directors if the Department certifies in writing to the State Board and to
the school district that the public school or school district has corrected all
issues that caused the classification of academic distress and that no public
school within the school district is classified as being in academic distress;
and the State Board determines the public school or school district has
corrected all issues that caused the classification of academic distress and
that no public school within the school district is classified as being in
academic distress; or
11.03.2.4.3
Annex, consolidate, or reconstitute the school district pursuant to Title 6 of
the Arkansas Code.
11.03.2.5 If the State Board calls for an
election of a new school district board of directors, the school district shall
reimburse the county board of election commissioners for election costs as
otherwise required by law.
11.03.2.6 If the State Board calls for an
election of a new school district board of directors, the Commissioner, with
the approval of the State Board, may appoint an interim board of directors to
govern the school district until a permanent school district board of directors
is elected and qualified.
11.03.2.6.1 The
interim board of directors shall consist of either five (5) or seven (7)
members.
11.03.2.6.2 The members of
the interim board of directors shall be residents of the school and otherwise
eligible to serve as school district board members under applicable
law.
11.03.2.6.3 The members of the
interim board of directors shall serve on a voluntary basis without
compensation.
11.04 If, by the end of the fifth school year
following the public school or public school district's classification of
academic distress status, the public school or school district in academic
distress has not corrected all issues that caused the classification of
academic distress, the State Board, after a public hearing, shall consolidate,
annex, or reconstitute the school district pursuant to Ark. Code Ann. §
6-15-430.
11.04.1 The State Board may grant additional
time for a public school or school district to remove itself from academic
distress by issuing a written finding supported by a majority of the State
Board explaining in detail that the public school or school district could not
remove itself from academic distress during the relevant time period due to
impossibility caused by external forces beyond the control of the public school
or school district.
11.05 Nothing in these Rules shall be
construed to prevent the Department or the State Board from taking any of the
actions listed in these Rules or in Ark. Code Ann. §
6-15-430 at any time
to address public schools and school districts in academic distress.
11.06 To transition to and implement the
Common Core State Standards, the Board shall have the authority to:
11.06.1 Modify curriculum and assessment
requirements;
11.06.2 Adopt new
curriculum and assessment requirements; and
11.06.3 Direct the Department of Education
to:
11.06.3.1 Propose to the state board rules
and procedures; and
11.06.3.2
Develop the professional development needed to train educators on the
transition and implementation.
12.0 School Choice and Academic Distress
12.01 Any student attending a public school
or public school district classified as being in academic distress is
automatically eligible and entitled under the Public School Choice Act of 2013,
Ark. Code Ann. §
6-18-1901
et seq., or the Arkansas Opportunity Public School Choice Act of 2004, Ark.
Code Ann. §
6-18-227,
to transfer to another public school or public school district not in academic
distress during the time period that the resident public school or public
school district is classified as being in academic distress.
12.02 The cost of transporting the student
from the resident district to the nonresident district shall be the cost of the
resident district under the Arkansas Opportunity Public School Choice Act of
2004, Ark. Code Ann. §
6-18-227.
13.0 Elementary and Secondary
Education Act (ESEA) Flexibility Provisions
On June 29, 2012, the United States Department of Education (US Ed) approved the Arkansas Department of Education's (ADE) request for flexibility from certain provisions of the ESEA. The approved ESEA flexibility request can be found at:
http://www.arkansased.org/public/userfiles/ESEA/AR ESEA Flexibility Amended 1025 2012.pdf
The ADE's ESEA flexibility request, as it existed on July 9, 2012, is hereby incorporated into these Rules by reference. Key components of the ESEA flexibility requirements are noted below.
13.01 The US Ed approved the following
waivers of ESEA for the State of Arkansas:
13.01.1 The requirements in ESEA section 1111
(b)(2)(E)-(H) that prescribe how an SEA must establish annual measurable
objectives (AMOs) for determining adequate yearly progress (AYP) to ensure that
all students meet or exceed the State's proficient level of academic
achievement on the State's assessments in reading/language arts and mathematics
no later than the end of the 2013-2014 school year. Arkansas requested this
waiver to develop new ambitious but achievable AMOs in reading/language arts
and mathematics in order to provide meaningful goals that are used to guide
support and improvement efforts for the State, LEAs, schools, and student
subgroups.
13.01.2 The requirements
in ESEA section 1116(b) for an LEA to identify for improvement, corrective
action, or restructuring, as appropriate, a Title I school that fails, for two
consecutive years or more, to make AYP, and for a school so identified and its
LEA to take certain improvement actions. Arkansas requested this waiver so that
an LEA and its Title I schools need not comply with these
requirements.
13.01.3 The
requirements in ESEA section 1116(c) for an SEA to identify for improvement or
corrective action, as appropriate, an LEA that, for two consecutive years or
more, fails to make AYP, and for an LEA so identified and its SEA to take
certain improvement actions. Arkansas requested this waiver so that it need not
comply with these requirements with respect to its LEAs.
13.01.4 The requirements in ESEA sections
6213(b) and 6224(e) that limit participation in, and use of funds under the
Small, Rural School Achievement (SRSA) and Rural and Low-Income School (RLIS)
programs based on whether an LEA has made AYP and is complying with the
requirements in ESEA section 1116. Arkansas requested this waiver so that an
LEA that receives SRSA or RLIS funds may use those funds for any authorized
purpose regardless of whether the LEA makes AYP.
13.01.5 The requirement in ESEA section
1114(a)(1) that a school have a poverty percentage of 40 percent or more in
order to operate a schoolwide program. Arkansas requested this waiver so that
an LEA may implement interventions consistent with the turnaround principles or
interventions that are based on the needs of the students in the school and
designed to enhance the entire educational program in a school in any of its
priority and focus schools that meet the definitions of "priority schools" and
"focus schools," respectively, set forth in the document titled ESEA
Flexibility, as appropriate, even if those schools do not have a poverty
percentage of 40 percent or more.
13.01.6 The requirement in ESEA section
1003(a) for an SEA to distribute funds reserved under that section only to LEAs
with schools identified for improvement, corrective action, or restructuring.
Arkansas requested this waiver so that it may allocate section 1003(a) funds to
its LEAs in order to serve any of the State's priority and focus schools that
meet the definitions of "priority schools" and "focus schools," respectively,
set forth in the document titled ESEA Flexibility.
13.01.7 The provision in ESEA section
1117(c)(2)(A) that authorizes an SEA to reserve Title I, Part A funds to reward
a Title I school that (1) significantly closed the achievement gap between
subgroups in the school; or (2) has exceeded AYP for two or more consecutive
years. Arkansas requested this waiver so that it may use funds reserved under
ESEA section 1117(c)(2)(A) for any of the State's reward schools that meet the
definition of "reward schools" set forth in the document titled ESEA
Flexibility.
13.01.8 The
requirements in ESEA section 2141 (a), (b), and (c) for an LEA and SEA to
comply with certain requirements for improvement plans regarding highly
qualified teachers. Arkansas requested this waiver to allow the SEA and its
LEAs to focus on developing and implementing more meaningful evaluation and
support systems.
13.01.9 The
limitations in ESEA section 6123 that limit the amount of funds an SEA or LEA
may transfer from certain ESEA programs to other ESEA programs. Arkansas
requested this waiver so that it and its LEAs may transfer up to 100 percent of
the funds it receives under the authorized programs among those programs and
into Title I, Part A.
13.01.10 The
requirements in ESEA section 1003(g)(4) and the definition of a Tier I school
in Section I.A.3 of the School Improvement Grants (SIG) final requirements.
Arkansas requested this waiver so that it may award SIG funds to an LEA to
implement one of the four SIG models in any of the State's priority schools
that meet the definition of "priority schools" set forth in the document titled
ESEA Flexibility.
13.02 US Ed Flexibility Principle 1: College
and Career-Ready Expectations for All Students
13.02.1 Definition of College and Career
Ready: The acquisition of the knowledge and skills a student needs to be
successful in all future endeavors including credit-bearing, first-year courses
at a postsecondary institution (such as a two- or four-year college, trade
school, or technical school) or to embark successfully on a chosen career. The
State Board will make its determination of the requisite scale score of student
performance on college and career readiness measurements used for college
placement in conjunction with the Arkansas Higher Education Coordinating
Board.
13.02.1 The State Board
voted to participate in the Common Core State Standards for English Language
Arts (ELA) and Mathematics in July 2010.
13.02.2 The following timeline will lead to
full implementation of the Common Core State Standards during the 2013-2014
school year:
13.02.2.1 Grades K-2 implemented
the Common Core State Standards during the 2011-2012 school year.
13.02.2.2 Grades 3-8 will implement the
Common Core State Standards during the 2012-2013 school year.
13.02.2.3 Grades 9-12 will implement the
Common Core State Standards during the 2013-2014 school year.
13.03 US Ed Flexibility
Principle 2: State-Developed Differentiated Recognition, Accountability and
Support
13.03.1 The requirements contained
within Section 13.03 of these rules shall comprise the Arkansas Differentiated
Accountability, Recognition and Tiered-Support System (DARTSS).
13.03.2 The goals of DARTSS are, without
limitation:
13.03.2.1 To move toward a unified
federal and state accountability system beginning in 2012-2013; and
13.03.2.2 To establish the flexibility and
opportunity to direct additional resources to schools with the lowest achieving
students.
13.03.3 DARTSS
differs from the current ESEA accountability system in the following ways:
13.03.3.1 The ESEA goal of 100 percent (100%)
proficient by 2013-2014 is hereby replaced with a new goal of reducing
proficiency gaps by half by the 2016-2017 school year.
13.03.3.2 Traditional ESEA accountability
status labels are replaced by accountability and assistance levels for all
schools.
13.03.3.3 Adequate Yearly
Progress (AYP) is replaced with accountability levels based upon Annual
Measurable Objectives (AMOs) for public schools and school districts.
13.03.3.4 Performance (proficiency), growth
and graduation rate indicators will now use a minimum N, or sample size, of 25
students for accountability purposes.
13.03.3.5 DARTSS will place enhanced focus on
subgroups through the Targeted Achievement Gap Group (TAGG).
13.03.3.6 Federal SES and school choice
requirements are replaced by supports and interventions responsive to
identified needs of students and schools.
13.04 The following groups of students will
be included in DARTSS for the purposes of determining accountability status for
school districts and schools:
13.04.1 All
Students Group: All students in the school and school district.
13.04.2 Targeted Achievement Gap Group
(TAGG), which includes the following students:
13.04.2.1 Economically
Disadvantaged;
13.04.2.2 English
Learners (EL); and
13.04.2.3
Students with Disabilities (SWD).
13.05 The following groups of students will
be included in DARTSS for the purposes of ACSIP and ESEA reporting:
13.05.1 African-American;
13.05.2 Hispanic;
13.05.3 White;
13.05.4 Economically Disadvantaged;
13.05.5 English Learners; and
13.05.6 Students with Disabilities.
13.06 Each group of students shall
be measured according to the following Annual Measurable Objectives (AMOs):
13.06.1 Math Proficiency;
13.06.2 Math Growth (Grades 4-8);
13.06.3 Literacy Proficiency;
13.06.4 Literacy Growth (Grades 4-8);
and
13.06.5 Graduation Rate (High
School).
13.07 AMO
Calculations
13.07.1 The ADE shall give
schools and school districts full credit for meeting a particular AMO when the
growth, performance or graduation rate meets or exceeds ninety-four percent
(94%).
13.07.2 The ADE shall
initially calculate performance (proficiency) and growth AMOs based upon 2011
test results.
13.07.3 The ADE shall
use a lagging graduation rate in its annual accountability determination.
13.07.3.1 The ADE shall calculate graduation
rate AMOs using 2010 four-year cohort graduation rates in accordance with its
flexibility proposal.
13.07.4 AMO calculations will be based upon a
minimum N of 25. For schools with too few students to calculate the AMO in
2011, the AMO calculations shall be based on a two (2)-year weighted
average.
13.07.5 In order to be
eligible to be classified as Achieving or Exemplary, schools and school
districts must test ninety-five percent (95%) of students in the All Students
and TAGG groups.
13.08
DARTSS Accountability Labels
13.08.1 School
districts shall be broadly classified as either:
13.08.1.1 Achieving; or
13.08.1.2 Needs Improvement.
13.08.1.3 School districts will be broadly
classified based upon criteria similar to that used for the classification of
individual schools. To be classified as "Achieving," a school district must
meet performance or growth AMOs for math and literacy for All Students and the
TAGG, as well as graduation rate AMOs for All Students and the TAGG.
13.08.2 ADE engagement and school
district autonomy shall be determined by the extent of the needs identified
within the district. The extent of needs will be identified based upon the
presence of identified Needs Improvement Focus and Needs Improvement Priority
schools in the district, the number and type of AMOs not met for performance,
growth, and graduation rate, and the number of district AMOs not met for
performance, growth and graduation rate.
13.08.3 Individual schools within school
districts shall be classified as one of the following:
13.08.3.1 Exemplary;
13.08.3.2 Achieving;
13.08.3.3 Needs Improvement;
13.08.3.4 Needs Improvement (Focus);
or
13.08.3.5 Needs Improvement
(Priority).
13.08.3.5.1 Within a time period
determined by the ADE, a school classified as a Needs Improvement (Priority)
school must develop and file with the ADE a Priority Improvement Plan (PIP)
that is integrated into the school's ACSIP plan.
13.08.3.5.2 A school district with a Needs
Improvement (Priority) school that has not made the progress required under the
school's Priority Improvement Plan (PIP) may be identified by the ADE as a
school district in academic distress.
13.08.4 The following table lists the ADE
engagement and district autonomy associated with school accountability status:
|
Status |
Description |
ADE Engagement/District Autonomy |
|
Exemplary |
* High Performance * High Progress * High TAGG high performance * High TAGG high progress |
* Very low ADE engagement * Very high district autonomy |
|
Achieving |
* Three-year ACSIP-Meet all performance, graduate rate and growth AMOs for All Students Group and TAGG * One-year ACSIP-Meet all performance and graduation rate AMOs for All Students Group and TAGG, but miss growth AMOs for All Students Group or TAGG |
* Very low ADE engagement * High district autonomy |
|
Needs Improvement |
* Does not meet performance, graduation rate or growth AMOs for All Students and TAGG |
* Low to moderate ADE engagement * Moderate district autonomy |
|
Needs Improvement -Focus |
* Schools with largest, persistent gaps between non-TAGG and TAGG students * Graduation rates less than sixty percent (60%) over a period of several years and which are not classified as Needs Improvement - Priority schools. |
* High ADE engagement * Low district autonomy |
|
Needs Improvement -Priority |
* Schools with persistently lowest achievement in math and literacy over three years for the All Students Group * Graduation rates less than sixty percent (60%) over a period of several years. |
* Very high ADE engagement * Low district autonomy |
13.09 Strategic Use of Title I Funds
13.09.1 School districts may use the
flexibility granted by the US Ed to help lowest performing schools make targets
by:
13.09.1.1 Serving the lowest performing
schools with Title I and/or NSLA funding using the most appropriate methods
aligned to identified student and adult learning needs;
13.09.1.2 Designating any Needs Improvement
(Focus) or Needs Improvement (Priority) school as a Title I schoolwide program
school, even if the school does not have a poverty percentage of forty percent
(40%) or more; and
13.09.1.3
Transferring up to one hundred percent (100%) of the school district's Title
ll-Afunds into Title I and using them for Title I purposes.
13.09.2 School districts have the
following continuing obligations for the use of Title l-A Funds:
13.09.2.1 Prioritize the school district's
lowest achieving students in its lowest performing schools;
13.09.2.2 Allocate Title l-A funds equal to
the scope of the problem; and
13.09.2.3 Demonstrate alignment of federal
and NSLA allocations sufficient to support implementation of
interventions.
13.10 Process for Notification and Review
13.10.1 Prior to the first possible day of
school, as defined by Ark. Code Ann. §
6-10-106,
the Arkansas Department of Education shall notify the school board president
and superintendent of each public school district of the following in writing,
via certified mail, return receipt requested:
13.10.1.1 The school district's preliminary
classification under Section 13.08.1 of these rules; and
13.10.1.2 The preliminary classification of
each individual school within a school district under Section 13.08.3 of these
rules.
13.10.2
Contemporaneous with the notice required by Section 13.10.1 of these rules, the
Arkansas Department of Education shall make available to the school board
president and superintendent the data upon which the preliminary
classifications of school districts and individual public schools were
based.
13.10.3 School districts
shall have thirty (30) days from receipt of the notification required by
Section 13.10.1 of these rules to review the data upon which the preliminary
classifications of school districts and individual public schools were based,
to submit to the Arkansas Department of Education any requests for corrections
to the data, and to submit any other reason(s) for which the preliminary
classifications should be modified. School districts may request revisions to
the preliminary classifications for school districts and individual public
schools during the same thirty (30) day period.
13.10.4 Prior to January 1 of each school
year, the Arkansas Department of Education shall review the information
submitted by school districts pursuant to Section 13.10.3 of these rules and
publish a final classification for each school district and individual public
school.
13.11 US Ed
Flexibility Principle 3: Supporting Effective Instruction and Leadership
Arkansas's requirements for supporting effective instruction and leadership may be found in the Teacher Excellence and Support System (Ark. Code Ann. § 6-17-2801 et seq.) and the Arkansas Department of Education Rules Governing the Teacher Excellence and Support System.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.