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Letter Head: Jack O'Connell, State Superintendent of Public Instruction, Phone number 916-319-0800

August 31, 2007

«First_Name» «Last_Name», Superintendent
«LEA_Name»
«Address»
«City», «State» «Zip»

Dear Superintendent «Last_Name»:

Subject: Local Educational Agency Program Improvement Notification and Requirements

The purpose of this letter is to notify you that «LEA_Name» has been identified for Program Improvement (PI). Any local educational agency (LEA) receiving Title I, Part A funds is identified for PI status when for each of two consecutive years the LEA: 1) does not make Adequate Yearly Progress (AYP) in the same content area (English-language arts [ELA] or mathematics) and each grade span (grades two through five, grades six through eight, and grade ten) within the LEA does not meet AYP in that content area; or 2) does not meet the AYP criteria for the same indicator (Academic Performance Index [API] or graduation rate).

In this letter and enclosures, you will find information regarding:

  • PI LEA requirements for implementing the No Child Left Behind (NCLB) Act of 2001 and California Education Code (EC) Section 52055.57 (Enclosure 1)
  • Limitations for providers of supplemental educational services (SES)
  • Template and Assurances for the LEA Plan Addendum (Enclosures 2 and 3)
  • Implementation resources
NCLB Requirements

All Year 1 PI LEAs are required by NCLB Section 1116 to do the following:

  • Promptly notify parents of the LEA’s PI status. This should be within 30 days of identification (by October 1, 2007). A template for a parent notification letter is available in English and Spanish on the California Department of Education (CDE) Web site at http://www.cde.ca.gov/ta/ac/ti/programimprov.asp under "PI LEA Parent Notification Template." In addition, we are currently in the process of adding other languages to this template. The template includes all the information required for such notice, and we encourage you to personalize it and include as much specific information as possible regarding student achievement in your district and the steps that will be taken to improve.
  • Reserve at least ten percent of the LEA’s 2007-08 Title I allocation to provide professional development to instructional staff. This requirement is in addition to the five percent reservation required under NCLB Section 1119(l) for teachers and paraprofessionals. However, the ten percent of funds reserved by PI schools in the LEA for professional development may count toward the PI LEA’s required ten percent reservation. This professional development required for LEAs in PI should be specifically designed to improve classroom teaching, and may be made available to all instructional staff in the district (not just Title I schools).
  • Write an addendum to the district's LEA Plan within 90 days of identification (by November 30, 2007) in consultation with an external entity, parents, and school staff, and implement the amended plan expeditiously. (Enclosure 2 provides a template for creating an LEA Plan Addendum.)
  • Submit an electronic copy of the LEA Plan Addendum to the School and District Accountability Division Office by January 2, 2008, to LEAP@cde.ca.gov.
  • Send the signed Assurance page (Enclosure 3) and a copy of your parent notification letter by January 2, 2008, to:

Debbie Rury, Consultant
School and District Accountability Division Office
California Department of Education
1430 N Street, Suite 6208
Sacramento, CA 95814-5901

In addition, LEAs identified for PI are limited in their ability to serve as providers of SES. The following is information to assist newly identified PI LEAs in the delivery of SES.

Limitations for Providers of SES

LEAs identified for PI that also are on the state-approved list of SES providers should notify parents that the LEA is no longer eligible to serve as a state-approved Title I SES provider. Although the PI LEA will be removed from the 2007-08 approved providers list, the LEA may continue to provide SES through the end of the current school semester (i.e., through January 2008), if necessary. An LEA identified for PI may not apply to become an approved SES provider as long as the LEA remains in PI status.

The following options for SES and other tutoring services are available to PI LEAs:

  • Schools in the LEA that have not been identified for PI may apply to become approved SES providers.
  • PI LEAs may continue to provide before- or after-school tutoring to students needing such assistance. However, any funds expended for such programs, including Title I money, may not be counted toward the required up-to-20-percent set-aside for SES and school choice.

PI LEAs must continue to offer all parents/guardians of eligible children a choice of approved SES providers who are willing to serve children in the LEA, even those whose students may also be participating in the district's own before- or after-school tutoring programs.

LEAs identified for PI must ensure that the academic needs of English learners and students with disabilities are addressed. If no approved SES providers are able to offer these services, LEAs, even those identified for PI, must provide these services directly or through a contractor. (See NCLB SES Non-Regulatory Guidance, Section C-11 at http://www.ed.gov/policy/elsec/guid/suppsvcsguid.doc.) (Outside Source)

If you have questions regarding SES, please contact Jerry Cummings, Consultant, Title I Policy and Accountability Office, at (916) 319-0381 or by e-mail at jcumming@cde.ca.gov; or Linda Wyatt, Consultant, Title I Policy and Accountability Office, at (916) 319-0276 or by e-mail at lwyatt@cde.ca.gov.

Requirements in Revising the LEA Plan

Enclosure 1 describes the process required for PI LEAs in preparing their revised LEA plan. By state law, the PI LEA must first work with the county superintendent of schools and then contract with a county office of education or another external entity to:

  • Verify the fundamental teaching and learning needs of students in their schools as determined by their self-assessment.
  • Identify the specific academic problems of low-achieving students.
  • Determine why the prior LEA plan failed to bring about increased student academic achievement.
  • Ensure that the LEA receives intensive support and expertise to implement its revised plan.

State law (EC Section 52055.57) requires PI LEAs to use state tools to help diagnose needs that are to be addressed in the revised LEA plan. Upon identification for PI, LEAs are required to prepare an LEA Plan Addendum as the required revision to the LEA Plan. A template for districts to use in drafting the LEA Plan Addendum is enclosed (Enclosure 2). Details for PI LEA implementation and submission of the LEA Plan Addendum to the CDE are included in Enclosure 1. The LEA Plan Addendum will be reviewed by CDE staff when conducting a Categorical Program Monitoring visit.

It is also required that all PI districts use the District Assistance Survey (DAS), along with other tools outlined in Enclosure 1, to assist the district in targeting and addressing the changes needed to increase student achievement. The DAS and other tools are available in the Virtual Library on the CDE Web site at http://www.cde.ca.gov/ta/lp/vl/. (Outside Source)

In the event the LEA is identified for improvement under both Title I and Title III, the LEA Plan Addendum should include, throughout the plan, very specific information as to how the LEA will meet the needs of their English Learner subgroup for the annual measurable achievement objectives (AMAOs) in Title III that the LEA did not meet. Refer to the Title III Accountability Guide for more information on AMAOs at http://www.cde.ca.gov/sp/el/t3/acct.asp. If the LEA previously submitted the Title III Improvement Plan to the CDE, an updated plan may be inserted into question six of the LEA Plan Addendum Template in response to the needs of the English learner subgroup.

Implementation Resources

To support the requirements of NCLB and EC Section 52055.57, we anticipate the 2007-08 state budget will appropriate federal funds to assist PI LEAs and schools within those LEAs to implement changes identified in the LEA Plan Addendum. These grants will be calculated at $50,000 plus $10,000 per Title I school in the district. We expect grant award letters to be issued late fall. Subject to the availability of funds, an LEA may receive this funding for no more than two years.

California now publishes two information guides as part of Accountability Progress Reporting.The 2007 Adequate Yearly Progress Report Information Guide and the 2007 Growth Academic Performance Index Report Information Guideprovide extensive information to assist LEAs in understanding and meeting state and federal accountability requirements. Section II, Federal Accountability: Program Improvement (PI) in the AYP information guide, has specific information for LEAs in PI and those with schools in PI. Both of these documents are available on the CDE Web site at http://www.cde.ca.gov/ta/ac/ay/.

The CDE is providing technical assistance for PI LEA staff and their external entity staff as a component of its annual On the Right Track Symposium sponsored in part by the California Comprehensive Center at WestEd. The 2007 Symposium will take place September 30 – October 2 at the Hyatt Regency Orange County in Garden Grove, California. Registration is available online at: http://www.wested.org/ontherighttrack. (Outside Source) LEAs may also find support and assistance with this work through the Regional System of District and School Support (RSDSS). Contact information for RSDSS directors can be found on the CDE Web site at http://www.cde.ca.gov/sp/sw/ss/s4directory.asp. RSDSS staff will provide information regarding the schedule of follow-up trainings on their individual Web sites, which are accessible via the link provided above.

If you have questions about the implementation requirements, please contact the following offices:

  • NCLB Requirements and PI LEA Plan Requirements: School and District Accountability Division by e-mail at drury@cde.ca.gov.
  • Title l, Part A Requirements: Title l Policy and Accountability Office by e-mail at pi@cde.ca.gov.
  • Title III English Learner Issues: Language Policy and Leadership Office by e-mail at mrodriguez@cde.ca.gov.
  • Special Education Student Issues: Special Education Division by phone at (916) 445-4613.

Sincerely,

William L. Padia, Deputy Superintendent
Assessment and Accountability Branch

WP:dr
Enclosures

cc:County Superintendent

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