SACRAMENTO — State Superintendent of Public Instruction Jack O'Connell today announced an agreement between the California Department of Education and the U.S. Department of Education to limit the number of school districts that may be placed under Program Improvement under the No Child Left Behind (NCLB) Act of 2001. The agreement is expected to be approved tomorrow by the State Board of Education.

At issue is an update on California's response to the federal government's recommendations to revise criteria for identifying school districts in Program Improvement. Previously, 14 California school districts were in Program Improvement based on a system that allowed the state's accountability model to be factored into the determination. Another 310 were placed on a watch list for possible inclusion. Under the new agreement, California will be allowed to average the grade spans 2 through 5, 6 through 9, and grade 10, to determine which school districts are under Program Improvement. If these changes are approved by the State Board of Education, 184 school districts may be placed into Program Improvement that offers school districts assistance after failing to make Adequately Yearly Progress for two years.

O'Connell issued this statement following the agreement:

"I am pleased that after significant negotiations we were able to reach a tentative agreement with the federal government that allows California to approach the issue of identifying districts for Program Improvement in a more sensible way. From day one we have approached this and all issues surrounding NCLB with an eye toward balancing its positive accountability measures with an honest recognition of the need to target limited resources.

"Nevertheless, I remain concerned that NCLB's limited flexibilities tie California's hands when it comes to truly helping our most-challenged schools improve. I will continue to call on the U.S. Department of Education to give all states true flexibility. This would allow California to retain strong accountability for our schools but also arm us with the tools necessary to help improve the schools that truly need them."