Laws & Guidance ELEMENTARY & SECONDARY EDUCATION
Memo Regarding Delay Provision in Identifying Schools for School Improvement

MEMORANDUM

DATE: August 11, 2003
TO: State Title I Coordinators
FROM: Jackie Jackson, Acting Director, Student Achievement and School Accountability
SUBJECT: Clarification of the Delay Provision in Section 1116(b)(7)(D)

Several questions have arisen recently regarding the delay provision in section 1116(b)(7)(D) of Title I of the Elementary and Secondary Education Act (ESEA), as amended by the No Child Left Behind Act of 2001 (NCLB). Since many States are presently putting together their lists of schools identified for improvement for the 2003-2004 school year and informing schools and districts of their responsibilities for school improvement, corrective action, and restructuring during the 2003-2004 school year, I want to clarify the meaning and requirements of the delay provision.

The delay provision in section 1116(b)(7)(D) applies to schools identified for school improvement, corrective action, or restructuring that make adequate yearly progress (AYP) for one year. Under the delay provision, a school identified for improvement, corrective action, or restructuring that makes one year of AYP does not advance to the next level of school improvement (e.g., from school improvement year 1 to school improvement year 2), but instead retains its current school improvement status and continues implementing all the requirements under section 1116 of NCLB associated with that status. As an example, a school that was identified for school improvement year 1 and implemented public school choice during the 2002-2003 school year and that makes one year of AYP based on data from the 2002-2003 school year would still be identified for school improvement year 1 and implement public school choice during the 2003-2004 school year. The school in the example above, however, would not need to provide supplemental educational services—a year 2 requirement—during 2003-2004. If the school subsequently does not make AYP based on data from the 2003-2004 school year, the school would be in school improvement year 2 during the 2004-2005 school year, as if the delay period did not occur. Additionally it is important to note that under the delay provision a school must make public school choice and/or supplemental services available to all eligible students, not just to those students who availed themselves of choice and/or supplemental services during the previous school year. A chart is provided on the following page to illustrate the delay provision.

Finally, I want to emphasize the importance of finalizing your AYP and school improvement status determinations as quickly as possible. School has already begun in some parts of the country and is getting ready to begin in other parts in the next few weeks. Therefore, it is crucial that parents, schools, and districts have the information they need to plan for public school choice and supplemental educational services. If my staff or I can be of any assistance to you as you work to finalize your AYP determinations, please do not hesitate to ask.

Delay Provisions

School Improvement Status during the 2002-2003 School Year AYP Determination Based on 2002-2003 School Year Data School Improvement Status during the 2003-2004 School Year
School Improvement Year 1: Implement the requirements of section 1116(b)(1) [public school choice] Made AYP School Improvement Year 1: Implement the requirements of section 1116(b)(1) [public school choice]
School Improvement Year 2: Implement the requirements of section 1116(b)(5) [public school choice, supplemental educational services] Made AYP School Improvement Year 2: Implement the requirements of section 1116(b)(5) [public school choice, supplemental educational services]
Corrective Action: Implement the requirements of section 1116(b)(7) [public school choice, supplemental educational services, corrective action] Made AYP Corrective Action: Implement the requirements of section 1116(b)(7) [public school choice, supplemental educational services, corrective action]
Restructuring: Implement the requirements of section 1116(b)(9) [public school choice, supplemental educational services, restructuring] Made AYP Restructuring: Implement the requirements of section 1116(b)(9) [public school choice, supplemental educational services, restructuring]

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Last Modified: 03/10/2004