June 20, 2006
Dr. Steve Paine
State Superintendent of Schools
West Virginia Department of Education
Building 6, 1900 Kanawha Blvd. E.
Charleston, West Virginia 25305-0330
Dear Superintendent Paine:
I am writing in response to West Virginia's request to amend its State accountability plan under Title I of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the No Child Left Behind Act of 2001 (NCLB). Following our discussions with your staff, the requested changes that are aligned with NCLB are now included in an amended State accountability plan that West Virginia submitted to the Department on June 6, 2006. I am pleased to approve the amended plan; the revised and fully approved plan will be posted on the Department's website. A summary of the approved amendments is enclosed with this letter.
As you know, any further requests to amend the West Virginia accountability plan must be submitted to the Department for review and approval as required by section 1111(f)(2) of Title I. Please note that approval of West Virginia's accountability plan does not constitute approval of the State's standards and assessment system.
Please also be aware that approval of West Virginia'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.
NCLB has provided a vehicle for States to raise the achievement of all students and to close the achievement gap. We are seeing the results of our combined endeavor; achievement is rising throughout the nation. I appreciate West Virginia's efforts to raise the achievement of all students and hold all schools accountable. If you need any additional assistance to implement the standards, assessments, and accountability provisions of NCLB, please do not hesitate to contact Catherine Freeman (email@example.com) or David Harmon (firstname.lastname@example.org) of my staff.
Henry L. Johnson
cc: Governor Joe Manchin, III
Amendments to the West Virginia Accountability Plan
The following is a summary of the State's approved amendments. Please refer to the Department's website (refer to: www.ed.gov/admins/lead/account/stateplans03/index.html) for the complete West Virginia Accountability Plan.
State definition of "full academic year" for identifying students in adequate yearly progress decisions (Element 2.3)
Revision: For inclusion in adequate yearly progress (AYP) determinations, all schools, LEAs and the State are held accountable for the AYP indicators:
- A student who is enrolled continuously in the same school from the fifth instructional day of school to the spring testing window will be included when determining if the school has made AYP.
- A student who is enrolled continuously in the same LEA from the fifth instructional day of school to the spring testing window will be included when determining if the LEA has made AYP.
- A student who is enrolled continuously in the State from the fifth instructional day of school to the spring testing window will be included when determining if the State has made AYP.
Including students with disabilities in AYP determinations (Element 5.3)
Revision: For the 2005-06 school year, West Virginia is once again requesting interim flexibility so that schools and systems that do not make AYP based solely on the performance of the students with disabilities (SWDs) subgroup will receive a "mathematical adjustment (17.8%)" to their AMO's.
Defining Graduation Rate for Limited English Proficient Students (Element 7.1)
Revision: West Virginia proposes to have the limited English proficient (LEP) committee determine the standard number of years for the graduation of LEP students.