making AYP will be included in the Secretary of Education’s annual report “to the Committee onEducation and the Workforce of the House of Representatives and the Committee on Health,Education, Labor, and Pensions of the Senate…” (Section 6164).The 2001 ESEA Reauthorization continues the national emphasis on standards, annualassessments of student learning, accountability for results, and school improvement. TheReauthorization adds new requirements for the annual assessment of the acquisition of Englishlanguage proficiency by limited English proficient students and mandatory requirements forschool districts (receiving Title I funds) and their schools, if selected, to participate in the NationalAssessment of Educational Progress (NAEP).Accountability—A Change inDirection andEmphasis.However, the No Child Left Behind Act of 2001 has most surely andmarkedly changed the direction of educational accountability for thenation’s public school districts, public schools, and States. Under the 1994ESEA Reauthorization, all parties—schools, districts, and States—wereheld accountable for annual, measurable increases (i.e., progress) towardthe goal of having all students achieve to high academic standards (which could be based on acompensatory model to determine whether the required amount of progress was being made).A compensatory model or approach allows higher scores on some measures to offset (i.e.,compensate for) lower scores on other measures. For example, higher performance in languagearts could be used to offset lower performance in mathematics. The most common example of thecompensatory approach is the simple average. There are many more complex compensatorymethods, such as many of the standards-setting processes used in large-scale assessment programs,but for now, thinking about the compensatory approach as a simple average will suffice.Consistent with the 1994 Reauthorization then, States began to set their own timelines and AYPrequirements for the attainment of this goal. Although performance data were required to bereported publicly by disaggregated groups, AYP determinations were made on the basis of theperformance of all students and not on the basis of the performance of subgroups of students.In the new accountability system under the NCLB Act, adequate yearly progress requirements areprecisely set in the law and each student subgroup is required to meet or exceed its annualmeasurable objective each year—a measure of status; requiring that each of the various subgroupsof students be at or above the performance targets for a given school year (which means that only aconjunctive model can be employed). The NCLB Act holds all parties—schools, districts, andStates—accountable for helping all students, including specific subgroups of students, to achieveto each State’s proficient or advanced levels in reading or language arts and mathematics within 12years beginning with the 2002-03 school year. (There are three proficiency levels specified in thelaw—advanced, proficient, and basic—although they are not specifically defined in the law or byregulations.)In a conjunctive model or approach, scores on all measures used must be above the criterionpoint (cut score) for the student to have met the overall standard. If three measures were used todetermine whether or not a student has met a standard, the student would have to be above the cutscore on each measure to be considered proficient. This is a fairly stringent approach and typicallyleads to the lowest pass rate.The NCLB Act, contrary to the 1994 Reauthorization, also sets a minimum assessmentparticipation rate applicable to all students and to each subgroup of students specified in the law.The Act further requires States to include at least one other academic indicator (in addition to theState assessment) of student performance in the determination of AYP. In this regard,8 Making Valid and Reliable Decisions in Determining AYP
States may select any academic indicator for the elementary school level—the regulationsrefer to an indicator for elementary schools and another for middle schools (e.g.,attendance).Under Title IX of the NCLB Act, States define the grades included at the elementary andsecondary school levels. Nevertheless, the practical effect of the law as it pertains toassessments (in the grade spans, 3-5, 6-9, and 10-12) is to define elementary as includinggrades K-8 and secondary as including grades 9-12. The Federal regulations onaccountability introduces use of the term “middle school” at § 200.19(a)(2) although thatterm is not used in Title I of the Act.Graduation rate is required for the secondary school level indicator [see section1111(b)(2)(C)(vi)]. Graduation rate is defined in section 1111(b)(2)(C)(vi) of the NCLBAct as, “the percentage of students who graduate from secondary school with a regulardiploma in the standard number of years.” The ED’s final accountability regulations addthat the definition does not include students earning GEDs [§ 200.19(a)(1)(A)] and furtherprovide for, “(B) Another definition, developed by the State and approved by the Secretaryin the State plan, that more accurately measures the rate of students who graduate from highschool…” (Fed. Reg., December 5, 2002).States may also include other academic indicators at either or both the elementary (includesmiddle) and secondary school levels. However—with the exception of meeting the “safeharbor” provisions (see also Appendix B regarding use of these provisions in accountabilitydeterminations) under section 1111(b)(2)(I)(i)—additional academic indicators, beyondthose required in the law, may only be used to identify additional schools for schoolimprovement or in need of corrective action or restructuring, and they cannot be applied tochange the status of schools previously identified for improvement. Student performanceon the academic indicators required in the NCLB Act cannot be used to offset (orcompensate for) student performance on the reading or language arts and mathematicsassessments or the requirement related to participation rate for the assessments.The NCLB Act does not appear to require States to set improvement or growth targets withrespect to the academic indicators. The final regulations related to AYP requirements issuedby ED on August 6, 2002, affirm this providing that, “The State may, but is not required to,increase the goals of its other academic indicators over the course of the timeline . . .[through 2013-14]” [§ 200.19(d)(1)]. States may choose to have the indicators remainconstant over time or to increase them over time.As with student achievement and assessment participation rates, additional academicindicators added at a State’s discretion to its statewide accountability system also apply toschool districts and to the State itself in AYP determinations. And, as noted elsewhere inthis chapter, using additional academic indicators has only the result of identifying moreschools and districts for improvement; they cannot be used to “compensate” for othermissed performance targets that are required in the determination of AYP.USDE originally proposed that student performance on the other academic indicatorsrequired at the elementary and secondary school levels would have to be disaggregated andused in AYP determinations (Draft regulations, 2002, August 6). However, the finalregulations published on December 5, 2002, provide at §200.19(d)(2)(ii) that States, “Neednot disaggregate those indicators for determining AYP….” Student performance on theother academic indicators, then, will be used for AYP purposes only in terms of whetherALL students met the annual progress measurement and in instances where theMaking Valid and Reliable Decisions in Determining AYP 9
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accountability model proposed. To t
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However, defining a school is not a
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FIGURE 9. FACTORS TO CONSIDER AS ST
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school population (Crane, 2002). As
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If one wants to establish a measure
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Using this approach, a State could
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strategy on reliability grounds 23
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SummaryA school’s results for the
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567). Los Angeles, CA: Center for t
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Is the accountability system leadin
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not the very next year, with no cha
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Minimum “n”Minimum “n” is i
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District and State officials may fi
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2. Rolling averages Decision: How c
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approach illuminates these issues,
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What are the unintended consequence
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Further guidance is provided in reg
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Accountability Requirement for Engl
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“Safe Harbor”Safe harbor” pro
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This review process provides “one
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will likely have significant impact
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Simulation studies to evaluate pote
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Assessment: Any systematic method o
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Reliability of Assessment Results: