NJ One of Ten to Get NCLB Waiver

By: Jennifer Keyes-Maloney2/9/2012 12:00:00 AM

The Associated Press (AP) is reporting that ten (10) states’ applications to waive portions of requirements under the No Child Left Behind Act (NCLB) will be approved February 9—New Jersey is one of the ten. Under the federal requirements for the waiver, states are granted flexibility in exchange for rigorous and comprehensive state-developed plans designed to improve educational outcomes for all students, close achievement gaps, increase equity, and improve the quality of instruction.

The other states to receive the waivers are Colorado, Florida, Georgia, Indiana, Kentucky, Massachusetts, Minnesota, Oklahoma, and Tennessee. The only state that applied for the flexibility and did not get it, New Mexico, is working with the administration to get approval, a White House official told the AP.

A total of 28 other states, the District of Columbia, and Puerto Rico have signaled that they, too, plan to seek waivers—a sign of just how vast the law's burdens have become as a big deadline nears.

In September, Obama called NCLB "an admirable but flawed effort that hurt students instead of helping them." He said action was necessary because Congress failed to update the law despite widespread bipartisan agreement that it needs fixing (President Releases NCLB Waiver Plan, September 26, 2011). Republicans charged that by granting waivers, Obama was overreaching his authority (Secretary Duncan Responds to House Ed Chair's Request for Waiver, July 12, 2011).

The executive action by Obama is one of his most prominent in an ongoing campaign to act on his own where Congress is rebuffing him. No Child Left Behind has been up for renewal since 2007. But lawmakers have been stymied for years by competing priorities, disagreements over how much of a federal role there should be in schools and, in the recent Congress, partisan gridlock.

NCLB requires all students to be proficient in reading and math by 2014. Obama's action strips away that fundamental requirement for those approved for flexibility, provided they offer a viable plan across three principles:

College and Career-Ready Expectations for All Students
State Developed Differentiated Recognition, Accountability and Support Recognition, and Reward; and
Supporting Effective Instruction and Leadership

New Jersey publicly released its application for waiver of current No Child Left Behind requirements in November of last year (NJ Releases NCLB Waiver Plan as Governor Pushes His Ed Reform, November 17, 2012),

College and Career-Ready Expectations for All Students

States had to formally adopt and implement college- and career-ready standards in at least reading/language arts and math.

New Jersey had previously adopted the Common Core State Standards (CCSS). The state’s application outlined how it will develop a statewide model curriculum based upon the CCSS, including model lessons and assessments. The Department also made a commitment to intense professional development for teachers and leaders via the newly established Regional Achievement Centers (RAC) as well as other stakeholders (NJDOE Announces Regional Achievement Offices, October 27, 2011). In fact, a strong instructional leadership component is included thanks to NJPSA’s work with the Department on developing it.

In addition, New Jersey’s application was heavily invested in the use of data to inform instruction at all school levels. Finally, it encourages the development of stronger linkages with higher education, something NJPSA advocated for in our discussions with the Department.

State Developed Differentiated Recognition, Accountability and Support Recognition, and Reward

States were also required to develop and implement a State-based accountability system for all of its LEAs and all Title I schools that provides differentiated recognition, accountability, and support based on the schools’ performance, including the academic achievement (in at least reading/language arts and mathematics) and graduation rates of all students and all subgroups of students, and also based on how such performance has changed over time.

New Jersey's proposed plan included a heavy focus on our lowest-performing schools, now to be called "Priority Schools," as well as school’s with a wide achievement gap between students of different races, needs, and income, dubbed “Focus School.” The State identified 177 schools for focus interventions and 74 as priority schools.

Priority schools’ interventions dovetail around most of the interventions or "turnaround strategies" schools that have accepted School Improvement or SIG grants have been operating under for the last two years. These include teacher interventions, longer school days, and even the replacement of staff.

Focus schools are defined as those schools at the bottom 10 percent in terms of the achievement gaps between the highest- and lowest-performing student groups over three years. For these schools, interventions will differ based upon the identified achievement gap issue.

Title 1 Schools in both categories have the opportunity to be “rewarded” based on both their overall achievement and progress. Reward Schools with high poverty concentrations will also be rewarded with cash: $100,000 each.

Supporting Effective Instruction and Leadership

States were also required to commit to develop, adopt, and implement (with the involvement of teachers and principals) teacher and principal evaluation and support systems. The application outlines much of the work of the pilot and SIG districts currently involved in the statewide teacher evaluation pilot, adding in the outlines of a new principal evaluation pilot that will trail the current pilot by one year.

Reporting

The application also outlined the parameters for a new school report card (New School Report Card Coming, November 11, 2011). The new report card is expected to rank schools against each other rather than merely listing metrics and scores for each individual school. It will be color coded for improvements and declines, and whether the school met specific performance targets.

Schools will be rated on not just test scores, either, but also different metrics such as a high school's percent of students both taking and passing AP tests. Ultimately, the plan is to track graduates with the state's data system beyond high school into college, and factoring whether they needed remedial help and whether stay in school.

The Legislative Proposals

Unfortunately, New Jersey's application also included a push for several controversial legislative proposals which the Governor deeply supports. One of the proposals actually moved at the end of the lame duck session – namely the Urban Hope Act (S-3002/A-4264) (Governor Signs Urban Hope Act, January 16, 2012). The Governor is expected to continue his full court push for the other proposals which include the:

Opportunity Scholarship Act (OSA) (2010-11:S-1872/A-2810) (the OSA has not yet been reintroduced) ;
Charter School Authorizer legislation (A-1287 / S-404 (Jasey/Ruiz)); and
School Children First Act (S-807 / A-981 (Kyrillos/Webber)).

NJPSA as well as other stakeholders had expressed concern regarding their inclusion during the comment period (NJPSA Weighs In on New Jersey’s NCLB Waiver, November 9, 2011).

NJPSA Impact

NJPSA provided comment on the draft outline provided by the Department November 3 as well as generally based upon the guidance the USDE released in early October (NJPSA Weighs In on New Jersey’s NCLB Waiver, November 9, 2011). We implored the Department to involve stakeholders in the process, consider the second submission date to allow for a full vetting of New Jersey’s application and not to give short shrift to principal evaluation.

We are pleased to report that many of our recommendations were incorporated, including a well laid out plan to begin the development of a statewide principal evaluation system, the development of a model curricula at the State level and distribution of any merit funds to the school as a whole. In fact, the proposal provides the principal broad authority, in conjunction with school stakeholders, to drive how merit funds are used.