The Elementary and Secondary Education Act (ESEA) is the law that authorizes and regulates the majority of federal K-12 education programs. The first part of the law, Title I, is the largest and most well-known part. Congress first enacted the law in 1965 to improve achievement among poor and disadvantaged students. Every five to six years Congress must reauthorize the law; however, Congress funds on an annual basis.

Over the years, Congress has amended and added to the original law to raise standards, build in accountability and provide flexibility to schools and districts in the use of federal education dollars so that they can continue to help disadvantaged children. As in previous years, the most recent reauthorization of the law, The No Child Left Behind Act of 2001, contains many changes.

Public education faced many dangers during the recent reauthorization process. Efforts to eliminate paraprofessionals, require retesting of existing teachers, divert money from the neediest communities through block grants, or permit the use of ESEA funds for private school vouchers threatened to shift the focus of the law away from its original purpose. Because of the efforts of the AFT and other allies both in and out of Congress, however, the focus of the law remains the same. As with most legislation, the final law is the outcome of battles, lobbying, compromising, negotiating and ironing out last-minute deals. Although there are several items in the bill that will cause great concern, many of the changes were needed and should prove to be helpful in the long run.

Here is a specially prepared Q&A to help AFT members unravel the intricacies of the law.
 

How does the new Title I law hold schools and districts accountable?

The new law requires that all students, not only those eligible for Title I services, make adequate yearly progress (AYP). AYP will be the measure of student improvement against which schools will be judged. A school's failure to make AYP over a number of years can lead to a series of actions that may ultimately result in restructuring, closure or takeover by the state or a private management company.
 

How is AYP determined?

Each state must set measurable goals for student achievement on state tests in order to ensure that students are "proficient" (as defined by the state) in reading and math within 12 years. Using the 2001-02 school year as its baseline, the state will set annual goals for student achievement so that gradually, year by year, throughout the 12-year period, all students will make progress toward meeting the state proficiency target.
 

Which tests will be used to determine AYP?

The new law requires that there be annual reading and math assessments for all students in grades 3-8. States will select and administer their own tests and have until the 2005-06 school year to develop and implement these assessments. When the new tests are introduced, they will replace the current ones. Federal funding for the development of these tests is available.
 

What if we already have tests in these grades?

The AFT is concerned that implementation of this testing requirement does not result in duplication of existing tests or excessive testing of students. The law states that the assessments must be the same for all students, aligned with state standards, and produce results so that teachers and parents can assess the specific needs of students. We will be working with states to decide which tests fulfill the Title I requirements.
 

Who has to take these tests?

All students must take these tests. Results on these tests will be disagreggated and reported based on students' race, poverty level, English language ability and disabilities. Each subgroup must make AYP.
 

Does the law require that special education students be tested as well?

Yes. The law requires that students with disabilities, English language learners and all others be tested; however, appropriate modifications and accommodations are permitted, where needed, for students with special needs. The U.S. Department of Education will be issuing regulations and guidance on how this may be done, and states will have to incorporate provisions into their statewide testing systems.
 

What happens if a school does not make AYP?

There is a very specific timeline and series of actions for schools that fail to make AYP:

Two consecutive years.  Schools that do not make AYP for two consecutive years receive a "school improvement" designation and will receive technical assistance to improve and limited federal funds for improvement. The district must offer public school choice (an option to transfer to another public school) to all students in the school, and the district must pay for transportation. Five percent of the district's Title I funds must pay for transportation costs.

Three consecutive years.  Schools that do not make AYP for three consecutive years will continue activities from the first year of school improvement. The district must continue to offer public school choice to the students and pay for transportation costs. In addition, the district must use an additional 5 percent of its Title I funds for supplemental services such as before- or after-school tutoring. The state must issue a list of approved providers, which may include the district or outside groups, including community-based organizations or for-profit companies such as Sylvan Learning Centers. An additional 10 percent may be used for either supplemental services or transportation. The maximum for these combined costs is 20 percent of the district's Title I funds.

Four consecutive years.  Schools that do not make AYP for four consecutive years receive a "corrective action" designation and must continue public school choice and supplemental services. In addition, the district must implement a corrective action plan such as implementing a new curriculum, extending the school day or year or replacing certain school staff.

Six consecutive years.  After failure to meet AYP for six years in a row, the district must make significant changes in the school such as converting it to a charter school, replacing the staff or turning the school over to a private management company.
 

What if a school is already designated for "school improvement" or corrective action?

Schools already in one of these two categories remain there. These schools must offer public school choice and supplemental educational services in the 2002-03 school year.
 

How will teachers and parents know how well their schools are doing?

Beginning in the 2002-03 school year, states and districts must publish report cards in an easy-to-understand format so that parents and the community know how well the schools are doing. These report cards will provide information about student achievement on state assessments compared to other students in the state and district; also reported are graduation rates, schools that are in need of improvement, and professional qualifications of teachers.