Public School Choice
The No Child Left Behind (NCLB) Act requires schools districts to give students the option of transferring to another public school if their current school fails to make sufficient academic progress (Adequate Yearly Progress-AYP) as defined by the law. Districts must not only provide parents with the choice of at least two other public schools that have met the law's performance benchmarks, but also must provide transportation for the students who transfer. Private school choice is not included in this provision.

Students in schools that have not made AYP for two or more consecutive years are eligible to use the public school choice provision. All students in the school are eligible to transfer, but the lowest-achieving children from low-income families are given priority. A school district must provide public school choice until the designated school is removed from the school improvement list by making AYP for two consecutive years.

Under NCLB regulations, school districts cannot deny students the option to transfer by claiming lack of capacity or health and safety reasons. Further, states may not use laws that limit class sizes to deny transfer requests. School districts must either create additional capacity or provide parents with other choices.

The AFT believes all students deserve to attend high-quality public schools to which any parent would choose to send their children. Excellence should be the standard for every school. NCLB gives students attending low-performing schools the option to transfer into higher-performing ones. Thus, districts spend Title I funds to transport children to other school, leaving them with even fewer resources to devote to improvement efforts. If students do transfer from currently low-performing schools, a separate stream of money—not the limited Title I funds—should pay the transportation costs.

AFT believes we should concentrate our efforts on improving low-performing school by making sure that they adopt research-based, proven reforms like smaller class sizes and additional supports for struggling students. The AFT's Redesigning Schools to Raise Achievement (RSRA) program helps locals forge partnerships with school district leaders to turn around low-performing schools and provides technical assistance in applying the proven approaches it recommends.

Supplemental Education Services
NCLB requires school districts to make supplemental educational services (SES) available to students from low-income families who attend schools that--according to the law--have not made sufficient academic progress. To be eligible for supplemental services, students must attend schools that have not made AYP for at least three consecutive years. Districts must give priority to the lowest-achieving low-income students, and districts must use objective criteria in making these determinations. Supplemental services are opportunities provided outside the regular school day and may include tutoring, remediation, or other education interventions.

NCLB requires states to select and approve supplemental service providers (SSP) based on specific criteria, including a provider's demonstrated record of effectiveness in increasing students achievement. Once a parent has selected a SSP for his or her child, the district enters into a contract with the provider and must develop, in consultation with the parents and the provider, a plan for the student's achievement progress. Providers must regularly communicate with parents and teachers about the students academic progress.

The AFT supports targeting resources to students who need the most assistance in reaching state standards. Academic assistance provided outside the regular school day must be grounded in research-based strategies and must be provided by personnel with appropriate qualifications.

The AFT is concerned that SSP are not being held to the same standards required of public schools and public school teachers. NCLB regulations do not require providers to hire staff who meet the definition of a "highly qualified" teacher, as defined by the law, or even to be state-certified. Additionally, SSP are not required to use instructional strategies based on scientifically based research.

And, because the regulations do not require SSP to serve students with disabilities or limited English skills, the AFT is concerned that providers will choose to serve the "easiest to educate" children, while those with the greatest needs will be left behind.

Even more distressing is that the U.S. Department of Education issued guidance stating that SSP are not required to follow federal non-discrimination laws. This is counterproductive. It is essential that all SSP follow NCLB's non-discrimination requirements to ensure that everyone's civil rights are being protected.