Current through Rules and Regulations filed through September 23, 2024
(1)
DEFINITIONS.
(a)
Accountability Profile - a
publicly published report that provides a summary of a school's and local
educational agency's (LEA's) performance.
(b)
Adequate Yearly Progress (AYP) -
a federally mandated component of the Accountability Profile based on a
series of performance goals and second indicators that every school, LEA, and
state must achieve within specified timeframes.
(c)
AYP Workbook - the document
that is officially known as the Consolidated State Application
Accountability Workbook. Each state annually submits to the United
States Department of Education (US ED) its workbook describing how AYP
determinations will be calculated and how the state will comply with ESEA as
amended.
(d)
Comprehensive
LEA Improvement Plan (CLIP) - a document developed by an LEA, and
approved by the Georgia Department of Education, to serve as a blueprint for
guiding the LEA's continuous improvement and progress toward identified LEA,
school, and student achievement objectives and targets.
(e)
Elementary and Secondary Education
Act as amended (ESEA as amended) - the federal education statute,
originally passed by the U. S. Congress in 1965, that defines the role of the
federal government in public education and authorizes many of the major federal
education programs, including Title I. This Act was reauthorized by Congress in
2001 as the No Child Left Behind Act.
(f)
Georgia Department of Education
(GaDOE) - the state agency charged with the fiscal and administrative
management of certain aspects of K-12 public education, including the
implementation of federal and state mandates. Such management is subject to
supervision and oversight by the State Board of Education.
(g)
Local Educational Agency (LEA) -
local school system pursuant to local board of education control and
management.
(h)
LEA
Corrective Action Addendum - an addendum of a Comprehensive LEA
Improvement Plan (CLIP) required of all LEAs that reach Needs Improvement Year
3.
(i)
Needs Improvement -
the identification for a school or LEA that has not made AYP for two or
more consecutive years in the same subject or second indicator for schools and
in the same subject or second indicator for elementary, middle and high school
grade spans for LEAs.
(j)
Office of Student Achievement (OSA) - the Georgia state agency
mandated by state law to create a uniform performance-based accountability
system for K-12 public schools that incorporates both state and federal
mandates, including student and school performance standards.
(k)
Performance Highlights - the
component of the Accountability Profile that utilizes data from the State
Report Card to recognize each school and LEA for top indicators based on key
variables related to student achievement.
(l)
Performance Index - the
measure of a school's or LEA's current year academic achievement or its gain
over the previous year's performance.
(m)
School Improvement Fieldbook
- a guide, published by the GaDOE, to assist with school improvement
planning and implementation of focused, research-based strategies to increase
the opportunity for schools to make AYP.
(n)
Scientifically-based research -
research that involves the application of rigorous, systematic, and
objective procedures to obtain reliable and valid knowledge relevant to
education activities and programs. Such research must (1) employ systematic,
empirical methods that draw on observations or experiments; (2) involve
rigorous data analysis to support hypothesis testing and to justify conclusions
drawn; (3) rely on reliable and valid measurement or observation methods; (4)
be evaluated using experimental and quasi-experimental designs; (5) ensure
completeness, clarity, and level of detail to allow for replication and
generalization; and (6) have been accepted by a peer-reviewed journal or
approved by an independent panel of experts through a comparable rigorous,
objective, and scientific review.
(o)
Single Statewide Accountability
System (SSAS) - the statewide accountability system adopted by the State
Board of Education that includes indicators reflecting both absolute and
relative progress determinations. The SSAS merges both federal and state
education laws that relate to K-12 school accountability for student academic
performance.
(p)
State Board
of Education (SBOE) - the constitutional authority which defines
education policy for the public K-12 education agencies in Georgia.
(q)
State Report Card - the
official report card for Georgia's K-12 public schools that includes an annual
report prepared by GaDOE and published by OSA for each school, system, and the
state, which is published for use by education stakeholders.
(2)
IDENTIFICATION OF THE SINGLE STATEWIDE ACCOUNTABILITY SYSTEM.
(a) The Single Statewide Accountability
System shall include an annual Accountability Profile for each Local
Educational Agency (LEA) and public school in the state. The Accountability
Profile shall include multiple components, which may include, but not be
limited to, Adequate Yearly Progress, Performance Index, and Performance
Highlights. The components of the Accountability Profile will be included in
the State Report Card prepared by GaDOE and published annually by the Office of
Student Achievement (OSA).
(b) The
Single Statewide Accountability System will include, but is not limited to,
valid and reliable accountability determinations at the school, LEA, and state
levels to promote continuous improvement for raising student achievement and
closing achievement gaps.
(3)
CALCULATING ADEQUATE YEARLY
PROGRESS (AYP).
(a) The State Board of
Education (SBOE) and GaDOE, in consultation with OSA and other stakeholders,
shall annually develop the Consolidated State Application Accountability
Workbook (AYP Workbook). The SBOE shall annually review any proposed revisions
to the AYP Workbook prior to submission to the United States Department of
Education (US ED). The SBOE shall adopt the AYP Workbook once approved by the
US ED.
(b) The AYP Workbook shall
contain Georgia's plan for determining AYP for the given school year, including
the specific methodology that will be used to ensure the most valid and
reliable AYP determinations are made, in a manner consistent with state and
federal law. AYP determinations shall be based on state assessments that have
been developed consistent with nationally recognized professional and technical
standards and are supported by evidence regarding validity and
reliability.
(c) The AYP
determination process shall provide the opportunity for the LEA to verify the
data used to determine AYP and for the LEA to appeal preliminary AYP
determinations that are in error for statistical or other substantive
reasons.
(4)
REQUIREMENTS FOR PUBLIC NOTIFICATION OF A SCHOOL'S AYP DETERMINATION.
(a) An LEA must promptly notify parents of
each student enrolled in each school regarding the school's AYP determination.
The notice must be in an understandable and uniform format and, to the extent
practicable, in a language that parents understand. Additionally, it must honor
the privacy of all students and their families. The notice must include:
1. An explanation of each school's status
under this rule and the school's performance relative to other schools in the
LEA and the state.
2. Reasons the
school(s) are identified as a Needs Improvement (NI) school(s).
3. An explanation of the actions taken by the
school to improve student achievement at the school.
4. An explanation of what the LEA and the
GaDOE are doing at the schools to improve student achievement.
5. An explanation regarding the means for
parent involvement in issues which contributed to the failure to make
AYP.
(5)
ACCOUNTABILITY SYSTEM AWARDS AND CONSEQUENCES.
(a) Awards. A school shall be eligible for
annual awards based on the Accountability Profile.
(b) Consequences. In accordance with state
and federal law, each school in Needs Improvement (NI) shall be subject to
interventions and consequences designed to help improve student achievement
based on the most recent AYP determinations. Needs Improvement (NI) schools
must implement the consequences in accordance with its Needs Improvement (NI)
status.
1. Identification. A school shall be
identified as Needs Improvement (NI) if the school has not made AYP in the same
subject for two consecutive years or fails to meet its second indicator for two
consecutive years.
2. Escalation in
status. Escalation in the level of Needs Improvement (NI) status shall be based
on a school's failure to make AYP in the same subject, or fails to make its
second indicator, for two or more consecutive years.
3. Removal from Needs Improvement (NI)
Status. A school shall be removed from Needs Improvement if the school has made
AYP for two consecutive years.
4.
Technical Assistance. Each LEA shall provide technical assistance to its
schools in Needs Improvement (NI).
(6)
SCHOOL-LEVEL NEEDS IMPROVEMENT
CONSEQUENCES.
(a) Schools designated as
in Needs Improvement (NI) status shall be subject to consequences identified in
GaDOE's
School Improvement Fieldbook. Consequences may
include:
1. Fully implementing the Georgia
Performance Standards and provide appropriate professional learning
opportunities that are grounded in scientifically-based or evidence-based
research and offer substantial promise of improving educational achievement for
low-achieving students,
2. Offering
public school choice,
3. Offering
supplemental education services (tutoring) to eligible students,
4. Developing a data-driven school
improvement plan with measurable goals that meets the requirements of the
Elementary and Secondary Education Act as amended (ESEA as amended) in
consultation with parents, school staff, and outside experts for approval by
the LEA,
5. Replacing school staff
who are relevant to the school not making AYP,
6. Intensive school-level support and
guidance from GaDOE,
7. Appointing
an outside expert to advise the school on its progress toward meeting required
achievement targets,
8. Extending
the school year and/or school day for the school,
9. Restructuring the internal organizational
arrangement of the school,
10.
Reopening the school as a public charter school,
11. Executing a state-directed contract with
the SBOE that contains specific non-negotiables, as well as specific
improvement strategies based on the most current AYP data for the
school.
12. Any additional
corrective actions approved by the GaDOE.
(7)
LEA-LEVEL ADEQUATE YEARLY PROGRESS
DETERMINATIONS AND CONSEQUENCES.
(a)
Identification. The LEA shall be identified as Needs Improvement (NI) if the
LEA has not made AYP in the same subject or fails to meet its second indicator
for two consecutive years at the elementary, middle, and the high school
levels.
(b) Removal. The LEA shall
be removed from Needs Improvement (NI) if the LEA has made AYP for two
consecutive years.
(c)
Consequences. The LEA identified as Needs Improvement (NI) shall be subject to
the consequences identified in GaDOE's System Improvement Fieldbook. Those
consequences may include:
1. Development of a
Comprehensive LEA Improvement Plan (CLIP) approved by GaDOE. The CLIP shall
comply with content and procedures developed and disseminated by the GaDOE. The
LEA shall implement the plan expeditiously, but not later than the beginning of
the next school year after the school year in which the LEA was identified as
Needs Improvement (NI).
2.
Development of the LEA Corrective Action Addendum to the CLIP to be approved by
GaDOE. The LEA Corrective Action Addendum shall comply with content, format,
and procedures developed and disseminated by the GaDOE. The LEA shall implement
the Corrective Action Addendum no later than the beginning of the school year
following the school year in which the LEA was identified for corrective
action. The LEA Corrective Action Addendum shall include at least one
corrective action as defined in federal law, which may include major
restructuring of the system's governance arrangement that makes fundamental
reforms, consistent with the corrective action options, and has substantial
promise of enabling the LEA to meet AYP.
(8)
REQUIREMENTS FOR STATE
INTERVENTIONS AND SUPPORT.
(a) The
GaDOE shall provide, in accordance with the ESEA as amended, a system of
intensive and sustained support and improvement for LEAs and schools identified
as Needs Improvement.
(9)
RECORD RETENTION REQUIREMENTS AND
AUDITS BY OSA.
(a) Record Retention
Requirements. LEAs and schools shall abide by all applicable record retention
schedules required by federal and state laws, regulations, and rules.
(b) Right to Audit. The Office of Student
Achievement (OSA) may investigate evidence of school or LEA noncompliance with
the requirements of this rule at any time. Such investigation may include
review of the school or LEA's academic records or performing an on-site audit
of any school or LEA at any time. The on-site OSA Audit may include, but is not
limited to, a review of the school or LEA's records or procedures, including a
review of school or LEA performance and accounting information and records.
Auditors may gather school performance information from school administrators,
teachers, and parents of students enrolled in the LEA.
(c) Upon conclusion of its investigation,
OSA, where applicable, will prepare a draft audit report detailing the findings
of its investigation. OSA will provide the affected LEA or school with a copy
of the draft report and allow the school or LEA with thirty days to review and
comment on the findings contained in the draft report. The affected school or
LEA must submit its comments on the findings contained in the draft report to
the attention of OSA's Executive Director. OSA may include, but is not required
to include, the comments provided by the affected school or LEA in its final
report. OSA will transmit its final report to the GaDOE for submission to the
SBOE.
(d) When applicable, OSA's
final report may include a recommendation to the SBOE as to how to address the
school or LEA's noncompliance with this rule. OSA may recommend sanctions
including, but not limited to, withholding of federal and/or state funds
pursuant to the procedures provided in State Board of Education Rule
160-5-2.02.
O.C.G.A. Secs.
20-14-26,
20-14-34,
20-14-37,
20-14-41.