Skip to main content

Gary Rubenstein’s Blog: TFA Endorses Murphy’s Law

There is still a chance that a version of the Murphy Amendment will make it into the final ESEA rewrite as over the next few months the two versions that were passed in the Senate and The House are merged and smoothed out.  So the defeat of the amendment might not be the end of the story, but it is certainly gives a bit of hope to the more optimistic of us out there.

Note:  The relevant portion of the defeated Murphy Amendment is copied below, emphasis mine:

``(a) State Review and Responsibilities.--

       ``(1) In general.--Each State educational agency receiving

     funds under this part shall use the system designed by the

     State under section 1111(b)(3) to annually--

       ``(A) meaningfully differentiate among all public schools,

     including public schools operated or supported by the Bureau

     of Indian Education, that receive funds under this part and

     are in need of intervention and support using the method

     established by the State in section 1111(b)(3)(B)(ii) which--

       ``(i) may include establishing multiple levels of school

     performance or other methods for differentiating among all

     public schools; and

       ``(ii) shall include the identification of at least--

 

       ``(I) the lowest-performing public schools that receive

     funds under this part in the State not meeting the goals

     described in section 1111(b)(3)(B)(i), and which shall

     include at least 5 percent of all the State's public schools

     that receive funds under this part;

       ``(II) any public high school that receives funds under

     this part and has a 4-year adjusted cohort graduation rate at

     or below 67 percent for 2 or more consecutive years, or an

     extended-year adjusted cohort graduation rate for 2 or more

     consecutive years that is at or below a rate determined by

     the State and set higher than 67 percent;and

       ``(III) any public school that receives funds under this

     part with any category of students, as defined in section

     1111(b)(3)(A), not meeting the goals described in section

     1111(b)(3)(B)(i) for 2 consecutive years;

 

       ``(B) require for inclusion--

       ``(i) on each local educational agency report card required

     under section 1111(d), the names of schools served by the

     agency described under subparagraph (A)(ii); and

       ``(ii) on each school report card required under section

     1111(d), whether the school was described under subparagraph

     (A)(ii);

       ``(C) ensure that all public schools that receive funds

     under this part and are identified as in need of intervention

     and support under subparagraph (A), implement an evidence-

     based intervention or support strategy designed by the State

     or local educational agency described in subparagraph (A) or

     (B) of subsection (b)(3) that addresses the reason for the

     school's identification and that takes into account

     performance on all of the indicators in the State's

     accountability system under section 1111(b)(3)(B)(i);

       ``(D) prioritize intervention and supports in the

     identified schools most in need of intervention and support,

     as determined by the State, using the results of the

     accountability system under 1111(b)(3)(B); and

       ``(E) monitor and evaluate the implementation of school

     intervention and support

     strategies by local educational agencies, including in the

     lowest-performing elementary schools and secondary schools in

     the State, and use the results of the evaluation to take

     appropriate steps to change or improve interventions or

     support strategies as necessary.

       ``(2) State educational agency responsibilities.--The State

     educational agency shall--

       ``(A) make technical assistance available to local

     educational agencies that serve schools identified as in need

     of intervention and support under paragraph (1)(A);

       ``(B) if the State educational agency determines that a

     local educational agency failed to carry out its

     responsibilities under this section, or that its intervention

     and support strategies were not effective within 3 years of

     implementation, take such actions as the State educational

     agency determines to be appropriate and in compliance with

     State law to assist the local educational agency and ensure

     that such local educational agency is carrying out its

     responsibilities;

       ``(C) inform local educational agencies of schools

     identified as in need of intervention and support under

     paragraph (1)(A) in a timely and easily accessible manner

     that is before the beginning of the school year; and

       ``(D) publicize and disseminate to the public, including

     teachers, principals and other school leaders, and parents,

     the results of the State review under paragraph (1).

       ``(b) Local Educational Agency Review and

     Responsibilities.--

       ``(1) In general.--Each local educational agency with a

     school identified as in need of intervention and support

     under subsection (a)(1)(A) shall, in consultation with

     teachers, principals and other school leaders, school

     personnel, parents, and community members--

       ``(A) conduct a review of such school, including by

     examining the indicators and measures included in the State-

     determined accountability system described in section

     1111(b)(3)(B) to determine the factors that led to such

     identification;

       ``(B) conduct a review of the policies, procedures,

     personnel decisions, and budgetary decisions of the local

     educational agency, including the measures on the local

     educational agency and school report cards under section

     1111(d) that impact the school and could have contributed to

     the identification of the school;

       ``(C) develop and implement appropriate intervention and

     support strategies, as described in paragraph (3), that are

     proportional to the identified needs of the school, for

     assisting the identified school;

       ``(D) develop a rigorous comprehensive plan that will be

     publicly available and provided to parents, for ensuring the

     successful implementation of the intervention and support

     strategies described in paragraph (3) in identified schools,

     which may include--

       ``(i) technical assistance that will be provided to the

     school;

       ``(ii) ensuring identified schools have access to

     resources, such as adequate facilities, funding, and

     technology;

       ``(iii) improved delivery of services to be provided by the

     local educational agency;

       ``(iv) increased support for stronger curriculum, program

     of instruction, wraparound services, or other resources

     provided to students in the school;

       ``(v) any changes to personnel necessary to improve

     educational opportunities for children in the school;

       ``(vi) redesigning how time for student learning or teacher

     collaboration is used within the school;

       ``(vii) using data to inform instruction for continuous

     improvement;

       ``(viii) providing increased coaching or support for

     principals and other school leaders and teachers;

       ``(ix) improving school climate and safety;

       ``(x) providing ongoing mechanisms, such as evidence-based

     community schools and wraparound services, for family and

     community engagement to improve student learning;

       ``(xi) establishing partnerships with entities, including

     private entities with a demonstrated record of improving

     student achievement, that will assist the local educational

     agency in fulfilling its responsibilities under this section;

     and

       ``(xii) an ongoing process, involving parents, teachers and

     their representatives, principals, and other school leaders,

     to improve school leader and staff engagement in the

     development and implementation of the comprehensive plan; and

       ``(E) collect and use data on an ongoing basis to monitor

     the results of the intervention and support strategies and

     adjust such strategies as necessary during implementation in

     order to improve student academic achievement.

       ``(2) Notice to parents.--A local educational agency shall

     promptly provide to a parent or parents of each student

     enrolled in a school identified as in need of intervention

     and support under subsection (a)(1)(A) in an easily

     accessible and understandable form and, to the extent

     practicable, in a language that parents can understand--

       ``(A) an explanation of what the identification means, and

     how the school compares in terms of academic achievement and

     other measures in the State accountability system under

     section 1111(b)(3)(B) to other schools served by the local

     educational agency and the State educational agency involved;

       ``(B) the reasons for the identification;

       ``(C) an explanation of what the local educational agency

     or State educational agency is doing to help the school

     address student academic achievement and other measures,

     including a description of the intervention and support

     strategies developed under paragraph (1)(C) that will be

     implemented in the school;

       ``(D) an explanation of how the parents can become involved

     in addressing academic achievement and other measures that

     caused the school to be identified; and

       ``(E) an explanation of the parents' option to transfer

     their child to another public school under paragraph (4), if

     applicable.

       ``(3) School intervention and support strategies.--

       ``(A) In general.--Consistent with subsection (a)(1) and

     paragraph (1), a local educational agency shall develop and

     implement evidence-based intervention and support strategies

     for an identified school that the local educational agency

     determines appropriate to address the needs of students in

     such identified school, which shall--

       ``(i) be designed to address the specific reasons for

     identification, as described in paragraph (1)(A);

       ``(ii) take into account performance on the indicators used

     by the State as described in 1111(b)(3)(B)(i);

       ``(iii) be implemented, at a minimum, in a manner that is

     proportional to the specific reasons for identification, as

     described in subparagraphs (A) and (B) of paragraph (1); and

       ``(iv) distinguish between the schools identified in

     subclauses (I) and (II) of subsection (a)(1)(A)(ii) and in

     need of comprehensive supports and schools identified in

     subsection (a)(1)(A)(ii)(III) in need of targeted supports.

       ``(B) State-determined strategies.--Consistent with State

     law, a State educational agency may establish alternative

     evidence-based State-determined strategies that can be used

     by local educational agencies to assist a school identified

     as in need of intervention and support under subsection

     (a)(1)(A), in addition to the assistance strategies developed

     by a local educational agency under subparagraph (A).

       ``(4) Public school choice.--

       ``(A) In general.--A local educational agency may provide

     all students enrolled in a school identified as in need of

     intervention and support under subclauses (I) and (II) of

     subsection (a)(1)(A)(ii) with the option to transfer to

     another public school served by the local educational agency,

     unless such an option is prohibited by State law.

       ``(B) Priority.--In providing students the option to

     transfer to another public school, the local educational

     agency shall give priority to the lowest achieving children

     from low-income families, as determined by the local

     educational agency for the purposes of allocating funds to

     schools under section 1113(a)(3).

       ``(C) Treatment.--Students who use the option to transfer

     to another public school shall be enrolled in classes and

     other activities in the public school to which the students

     transfer in the same manner as all other children at the

     public school.

       ``(D) Special rule.--A local educational agency shall

     permit a child who transfers to another public school under

     this paragraph to remain in that school until the child has

     completed the highest grade in that school.

       ``(E) Funding for transportation.--A local educational

     agency may spend an amount equal to not more than 5 percent

     of its allocation under subpart 2 to pay for the provision of

     transportation for students who transfer under this paragraph

     to the public schools to which the students transfer.

This blog post has been shared by permission from the author.
Readers wishing to comment on the content are encouraged to do so via the link to the original post.
Find the original post here:

The views expressed by the blogger are not necessarily those of NEPC.

Gary Rubinstein

Gary Rubinstein is a high school math teacher. He is the recipient of the 2005 Math for America Master Teacher Fellowship. ...