September 30, 2004
Honorable César Rey Hernández
Secretary of Education
Puerto Rico Department of Education
Post Office Box 190759
San Juan, Puerto Rico 00919-0759
Dear Secretary Rey:
I am pleased to approve Puerto Rico's assessment system under Title I of the Elementary and Secondary Education Act (ESEA), as amended by the Improving America's Schools Act of 1994 (IASA). I appreciate your cooperation in making the changes in your assessment system to meet fully the IASA assessment requirements.
At the end of its timeline waiver, Puerto Rico was to provide the Department documentation of a State assessment system that (1) is aligned with rigorous and challenging academic content and achievement standards; (2) includes all students, particularly students with disabilities and limited Spanish proficiency; (3) is the primary basis for determining district and school progress; and (4) a reporting and accountability system that reflects the achievement of all students and provides a valid representation of school performance relative to State standards. Peer reviewers external to the Department and Department staff have reviewed evidence of compliance submitted by Puerto Rico. We have concluded that this evidence satisfies IASA assessment requirements for Title I.
We look forward to working with you as Puerto Rico expands its assessment system to meet the new Title I requirements for standards and assessments under the No Child Left Behind Act of 2001 (NCLB). As Puerto Rico prepares for the peer review of its standards and assessments under NCLB, I encourage you to review carefully the "Standards and Assessments Peer Review Guidance: Information and Examples for Meeting Requirements of the No Child Left Behind Act of 2001." The purpose of this document is twofold: (1) to inform States about what would be useful evidence to demonstrate that they have met NCLB standards and assessments requirements; and (2) to guide teams of peer reviewers who will examine the evidence submitted by States and advise the Department as to whether a State has met the requirements. I have enclosed a copy of this document with this letter.
Please be aware that approval of Puerto Rico's assessment system for Title I is not a determination that the system 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. Finally, please remember that if Puerto Rico makes significant changes to its assessment system, the State must submit information about those changes to the Department for review and approval.
We have found it a pleasure working with your staff on this review. Congratulations on a fully approved assessment system under IASA. I wish you well in your continued efforts to improve student achievement in Puerto Rico.