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Public School Choice and Supplementary Education Services to be Available this Fall to Students at Schools Needing Improvement

On July 1, 2002, Secretary of Education Rod Paige announced that students in an estimated 8600 schools nationwide will be offered the opportunity to attend a higher-performing school in their district. Most of these students will also be offered the opportunity to access supplementary education services, such as tutoring, paid for with federal funds. Both the public school choice and supplemental education services were established under The No Child Left Behind Act of 2001 (NCLB).

Under the 1994 Elementary and Secondary School Act, the precursor to NCLB, states were required to develop standards and assessments and to establish "adequate yearly progress" criteria for schools on these assessments. Schools that failed to make the state-defined AYP for two or more years were identified as schools in need of improvement. In July 2002, the Department of Education released a list showing the number of Title I schools in need of improvement under the 1994 Act.

The NCLB attaches new consequences to failure to make AYP. Among the first to take effect are the school choice and supplementary education services provisions. Beginning in the fall 2002, districts must offer students at most schools designated in need of improvement under the 1994 Act the opportunity to transfer to other public schools within the district that are not designated in need of improvement. Federal Title I money will be used for transportation costs. Districts are also required to arrange for the provision of supplemental education services, also funded with federal Title I money, to students attending most schools designated in need of improvement. For both programs, the lowest achieving students from low-income families are to be given priority.

The Secretary of Education has written an open letter providing preliminary guidance to superintendents on the public school choice and supplementary education services provisions, as well as on the effect of the NCLB on collective bargaining agreements, but the Department has not yet issued regulations on these provisions. Many school administrators are concerned that the school choice provisions will place unreasonable burdens on already struggling schools and districts and that they will distract administrators from focusing on improving the failing schools. Administrators also express concern that high performing schools rarely have seats available for students. Some states are also complaining that they are being penalized for having established high standards.

For more information, go to the No Child Left Behind Act overview.

Prepared July 11, 2002.