October 6, 2004
Honorable Keith Rheault
Superintendent of Public Instruction
Nevada Department of Education
700 East 5th Street
Carson City, Nevada 89701-5096
Dear Superintendent Rheault:
I am writing in response to Nevada's request to amend its State accountability plan under Title I of the Elementary and Secondary Education Act (ESEA), as amended by the No Child Left Behind Act of 2001 (NCLB). Following our discussions with your staff, those changes that are aligned with NCLB are now included in an amended State accountability plan that Nevada submitted to the Department on August 3, 2004. A list of the changes is enclosed with this letter. I am pleased to approve Nevada's amended plan, which we will post on the Department's website.
If, over time, Nevada makes changes to the accountability plan that has been approved, Nevada must submit information about those changes to the Department for review and approval, as required by section 1111(f)(2) of Title I. Approval of Nevada's accountability plan is not also an approval of Nevada's standards and assessment system. As Nevada makes changes in its standards and assessments to meet requirements under NCLB, Nevada must submit information about those changes to the Department for peer review through the standards and assessment process.
Please also be aware that approval of Nevada's accountability plan for Title I, including the amendments approved above, does not indicate that the plan complies with Federal civil rights requirements, including Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act, and requirements under the Individuals with Disabilities Education Act.
I hope that you have found the accountability plan amendment process effective for implementing a State accountability system that best serves the needs of Nevada's students and schools and that will lead to improving the academic achievement of all students. As evidenced by the diversity among State accountability plans and State consolidated applications, States have great flexibility in the design of their systems and implementation of particular NCLB provisions. If, as you implement your accountability plan, you find additional elements of your plan that you believe should be refined or amended for next school year to best serve the needs of your students and schools, I encourage you to explore all the areas of flexibility available to your State.
In addition to the flexibility available to States in the design and implementation of their accountability plans, I also encourage you and your districts to utilize the additional flexibility available for the administration and operation of NCLB programs. NCLB continued the flexibility available to States and districts under the 1994 reauthorization of the ESEA, including the ability to consolidate State and local administrative funds (sections 9201 and 9203), to operate schoolwide programs (section 1114), and to participate in the Education Flexibility Partnership Program ("Ed-Flex"). Additionally, NCLB created several new flexibility options for States and districts for the operation of federal programs. These new flexibility provisions include the State Flexibility Authority (sections 6141 through 6144), the Local Flexibility Demonstration program (sections 6151 through 6156), Transferability (sections 6121 through 6123), and the Rural Education Achievement program (sections 6201 through 6234). These flexibilities truly offer States and districts the ability to target federal resources to their unique and individual needs.
I am confident that Nevada will continue to advance its efforts to hold schools and school districts accountable for the achievement of all students. I wish you well in your school improvement efforts. If I can be of any additional assistance to Nevada in its efforts to implement other aspects of NCLB, please do not hesitate to call.
cc: Governor Kenny Guinn
Amendments to the Nevada Accountability Plan
These statements are summaries of the amendments. For complete details, please refer to the Nevada Accountability plan on the Department's website: www.ed.gov/admins/lead/account/stateplans03/index.html.
Updated Intermediate Goals (Element 3.2c)
Revision: Nevada requests to update its intermediate goals as a result of introducing new assessments at the elementary level.
Assessment of Students with Disabilities (Element 5.3)
Revision: To align its policy with the December 9, 2003 regulations on the assessment of students using alternate achievement standards, Nevada requests to update its workbook to clarify that students assessed using accommodations that invalidate assessment results will be counted as non-participants when calculating the participation rate.
Assessing LEP students (Element 5.4)
Revision: Nevada indicates they will apply the flexibility recently offered by the Department with respect to the assessment of newly arrived limited English proficient (LEP) students and the calculation of adequate yearly progress.
Graduation Rate (Element 7.1)
Revision: Nevada requests to update its workbook with the graduation rate target required of schools and districts to make adequate yearly progress.
Attendance Rate (Element 7.2)
Revision: Nevada requests to update its workbook with the attendance rate target required of schools and districts to make adequate yearly progress.