Communication: NEWSLETTER

Washington Update

Volume 8, Issue 7
Nov. - Dec. 2006

Dear NAFEPA Members:

Here it is the end of 2006! This has been a great year in the life of NAFEPA. Our membership is at an all time high with over 1,700 members. Our Spring Conference had a record number of attendees and our number of state affiliates continues to increase. We also approved joint membership for states in October and already have six states that are coming on board.

You will find in this issue of the newsletter an article written by Leigh Manasevit, Esq and Tiffany Winters, Esq. of the Brustein & Mansevit Law Firm. The article "New Clarifications on School Restructuring," gives us a very easy to follow guide to an important process in NCLB.

Along with the article you will notice a new feature to the newsletter. We have asked several board members to review the article and then comment on the application of the article in regard to what we do as federal programs administrators. Please let us know what you think about this added feature.

Rick Carder, Vice President and Conference Committee Chairperson, brings us up to date on the plans for our 33rd Annual NAFEPA Conference to be held March 11-14, 2007, at the Crystal City Hyatt just across the Potomac River from Washington, DC. Rick and the committee members have worked hard to put together a very informative and enlightening conference. I hope to see you there.

I hope your holidays are restful, and I wish you the very best for the New Year.

Bobby Burns
President, NAFEPA


As we enter 2007, we find ourselves regretfully having to say farewell at the end of January to Dr. Jackie Jackson, director of Student Achievement and School Accountability at the U. S. Department of Education. She has been a tireless leader and strong supporter of high quality education for all students, and especially those from low income families who are served with Title I funds. Dr. Jackson has been a good friend of NAFEPA, and we will greatly miss her! We wish her well in her retirement, and we hope to continue seeing her at educational events—especially at NAFEPA conferences.


2007 — Annual Spring Conference, March 11-14 — 2007
Crystal City Hyatt—Washington DC
REGISTER TODAY - at: www.nafepa.org

Conference Chair: Rick Carder, NAFEPA Vice President
PRE CONFERENCE SESSIONS, SUNDAY, MARCH 11, 2007

We are pleased to announce two special pre-conference sessions. Leigh Manasevit, from the Brustein/Manasevit law firm in Georgetown will cover the fiscal issues of federal programs, focusing his talk on time and effort accounting and cost allocation as well as updates on Supplemental Education Services (SES) through Restructuring. In the second session, Dr. Susan Wright and Patsi Saas, NAFEPA members from Clark County School District in Nevada, will presenting information on SES that will cover districts just entering SES to those who have been implementing it since the enactment of NCLB.

We are extremely pleased to present some of the nation's most sought after keynote presenters in our main sessions. Dr. Pedro Noguera, Steinhardt School of Education, New York University, is recognized as a leading urban sociologist. He will speak about his research on how schools are influenced by the social and economic conditions in the urban environment. Dr. Brian McNulty, Vice President, Leadership Development for the Center for Performance Assessment, will speak to various issues related to student achievement and assessment. Alex Nock, Director of the Commission on No Child Left Behind, the bipartisan, independent effort to improve the impact of NCLB on student achievement, will discuss the 2006 hearings that were held to gather information about NCLB reauthorization. David Shreve, Senior Director for Education National Conference of State Legislatures, will address NCLB from the viewpoint of state legislatures and the various plans that states have for changes in the law.

This year we will also feature some of our NAFEPA member state schools that have shown tremendous growth in closing the achievement gap and who have embraced the intent of "No Child Left Behind."  We are proud to hear the experiences of three principals from two states: Chesapeake, Virginia— Stephanie Johnson, Camelot Elementary, and Diane Watkins, Cedar Road Elementary; and Raleigh, North Carolina—Muriel Summers, A. B. Combs Leadership Magnet Elementary. A third presentation will focus on the preschool education and how high quality programs for four year olds can be connected to kindergarten instruction. This session will be presented by Dr. Joyce Wright, Sacramento County, California, and NAFEPA Consultant Elizabeth Pinkerton.

The Capitol Hill visits will commence on Tuesday, March 13, after our morning keynote presentations. You should make the arrangements now for your appointments with your senators and representatives. Members of Congress need to hear your stories of NCLB implementation so they can be better prepared to face the coming reauthorization of the law.

Please do not wait to register. All the registration information is currently online at www.nafepa.org. You will also be able to view the entire agenda for the conference. I am hoping to exceed our projected participant number of 300, and we need all of you to encourage your fellow colleagues to register for this outstanding conference. With reauthorization just around the corner and the current changes in Congress, this conference provides all participants with the ability to learn from our fine presenters including many from the U. S. Department of Education.


New Clarifications on School Restructuring

By: Leigh Manasevit, Esq. and Tiffany Winters, Esq.

Under the No Child Left Behind Act (NCLB), when a school fails to make adequate yearly progress (AYP) for five consecutive years that school is identified for restructuring. Many schools are now faced with fulfilling the requirements of the restructuring process. Luckily, the U.S. Department of Education (ED) released revisions to its non-regulatory guidance on LEA and School Improvement this past July to help clarify the school restructuring process and requirements.

School restructuring is a two-year process that involves major changes in the school's operation and requires that the local educational agency (LEA) intervene extensively in the functioning of a low-performing school. When a school fails to make AYP for the fifth consecutive year, the LEA is required to create a restructuring plan during the sixth year. If that school then fails to make AYP in the sixth year, that restructuring plan must be implemented in the seventh year.

While an LEA may believe one year is enough time to create a restructuring plan, the reality is that their time is limited. The AYP scores are not released until the fall, sometimes late fall, and the LEA must first schedule meetings with parents, teachers and other relevant groups before the planning of the restructuring plan can begin. Additionally, the governance alternatives may require contracts and bidding which may not even start until the spring. Therefore, LEAs should take caution with their limited timeframe.

Restructuring includes a major reorganization of a school's governance structure arrangement by an LEA that:

Makes fundamental reforms, such as significant changes in a school's staffing and governance, to improve student academic achievement in the school;

Has substantial promise to improve student academic achievement and enable the school to make AYP as defined by the State's accountability system; and

Is consistent with law.

Prior to the creation of a restructuring plan, the LEA must send notice to parents and teachers of a school's identification for restructuring. These groups must have the opportunity to comment before the restructuring plan is created and both groups must be invited to participate in the development of the plan. While creating the restructuring plan, the LEA must continue to implement school choice and ensure that supplemental educational services are available to eligible students.

The restructuring plan must include an “alternative governance” arrangement that will be carried out if the school fails to make AYP for a sixth consecutive year. Alternative governance means that, at the LEA's election, the school must do one of the following:

Reopen the school as a public charter school;

Replace all or most of the school staff, which may include the principal, who are relevant to the school's inability to make AYP;

Enter into a contract with an entity, such as a private management company, with a demonstrated record of effectiveness, to operate the school as a public school;

Turn the operation of the school over to the state educational agency (SEA) (if permitted under state law or the state agrees);

Implement any other major restructuring of the school's governance arrangement that is consistent with the NCLB principles of restructuring.

ED clarified that "other major restructuring of the school's governance" means a significant change of the governance structure, which may include increasing controls, monitoring, creating a theme school, reconstituting small autonomous learning communities, and expanding or limiting grades served. The variety and rigor of the restructuring options allow an LEA to choose one or more "alternative governance" interventions that best address the identified needs of the school and school community, as long as it is substantial enough to transform and sustain change.

LEAs must also consider that a governance change alone will not likely produce a significant change in student performance without also considering such issues as staff development, curricula, instruction, use of technology, assessment, and other factors that are essential for success. Regardless of the decisions made, the restructuring plan will require the active support and involvement of the school and district personnel, parents, teachers, business and community organizations, state education personnel, governmental agencies and others.

Additionally, replacing school leaders alone cannot bring about the desired improvement in the education system. Replacing all or most of the school staff is only one of several restructuring options available and there is a great deal of flexibility in how to implement this option. For example, some LEAs have asked all staff to reapply for their positions and to be part of the restructuring process. Other LEAs work with staff and unions to include provisions in contracts to compensate teachers for working longer school days and/or longer school years as part of the restructuring arrangements.

When a school is identified for improvement, it is required to spend not less then 10 percent of its Title I, Part A allocation for high quality professional development. The new guidance clarifies that this does not apply to schools identified for restructuring or corrective action. This is a new interpretation that was not widely anticipated. Although not required, schools identified for restructuring and corrective action are permitted to use Title I, Part A funds for high quality professional development and in fact ED encourages them to do so. Additionally, Title I, Part A and Title II, Part A funds may be used to provide financial incentives and rewards to teachers in schools in restructuring states. Title II, Part A funds may also be used to develop and implement strategies and activities to recruit, hire, and retain highly qualified teachers and principals.

If a school again fails to make AYP for the sixth year the LEA must implement the restructuring plan no later then the beginning of the school year following the year in which the school was in the first year of restructuring. The restructured school must continue to offer school choice and supplemental services until it makes AYP for two consecutive years. Further, an LEA should continue to offer technical assistance to the school to ensure that the necessary support is available to increase the potential for sustained improvement and success.

Schools that continue to fail AYP after restructuring and alternative governance must continue to undertake corrective actions that will improve education in the school. An exception is if a school is designated as a "new school". If, as a result of restructuring, a school is significantly reconfigured (for example to serves different students and different grades) and accordingly meets the State's definition of a new school, that school may be treated like any other new school in the State. Depending on the State's operational rules, this may mean starting over on the school improvement timeline.

A goal of the guidance is to encourage LEAs to take dramatic restructuring action in failing schools. We see this through the definition of a "new school", which allows a school to reset the AYP clock if an LEA takes dramatic enough action. Therefore, LEAs should not be afraid to implement drastic actions when creating their restructuring plan.


COMMENTS on the Restructuring Article from NAFEPA Board Members:

From: Betsy Mierzwa, Virginia
I actually felt this was a very "readable" article. I appreciated the caution of making sure to use the two year process for restructuring.  Since schools are just beginning to enter into this process there could be additional obstacles not even mentioned in the article that will crop up.  I thought the examples of issues were very helpful.  I also appreciated the comment about taking dramatic restructuring action.  The examples of just changing a principal or staff doesn't guarantee academic achievement really resonated with me.  I have heard principals say that if we just had "more staff" we would be able to meet the academic requirements.  However, if we truly look at our data we may find that it is not a staffing issue but a program implementation/delivery issue. Again, I found this particular article much easier to read and understand.

From: Christian Johnson, New York
I'm pleasantly surprised at this piece - from the discussion I was afraid that it would need restructuring into style closer to what I used at the Compliance Insider, but they're already there. The last paragraph is especially important; to some degree it answers the criticism that ED's guidance "watered down" the restructuring requirements. Only by reconstituting the school under state law -- the most dramatic of the restructuring alternatives -- can a school start with a clean slate. I hope others will be able to discuss some of the practical considerations with restructuring. Given the mixed success that many charters and Gates Foundation prototypes have posted thus far, it's critical for administrators to think through both design and implementation, particularly by ensuring adequate support among faculty and parents. In fact, that would be a great idea for a second article on the topic.

From: Everett Mann, Ohio
I believe this information is very readable and would give district federal program administrators the information they need to know to work with their schools and states on school restructuring plans.


Top Ten Organizations that Influence Educational Policy!!!

You may have read about the study conducted by the Education Research Center that lists ten organizations that have influenced educational policy in the past decade.

  1. U. S. Congress

  2. U. S. Department of Education

  3. Bill and Melinda Gates Foundation

  4. Education Trust

  5. National Governors’ Association

  6. American Federation of Teachers

  7. Achieve, Inc.

  8. National Education Association

  9. Thomas B. Fordham Foundation

  10. Center on Education Policy

Jack Jennings, CEO of the Center on Education Policy is an Honorary Member of NAFEPA for his many contributions to our organization. The work done by CEP is valuable, and many NAFEPA members have been and continue to be involved with the research and case studies. Jack is a frequent speaker at NAFEPA conferences.


Welcome to Our New NAFEPA Members

ALABAMA: Michael Barber, Brenda Bray, Donnella Carter, Becky Cox, Theodore Crook, Beth Drew, Wendy England, Joan Frazier, Cynthia Green, Latanza Harrison, Donna Henry, Nancy C. Hill, Leah Anne Lowe, Magaline Marshall, Rick McInturf, Karen Mitchell, Randy Pettus, Celia Rudolph, Barbara Shirley, Valarie Smith, Gary D. Talley, Joe Walters; ARKANSAS: Sharon Chuculate, Barbara Fredrick, Bill Glover, Mike Gray, Annette Henderson, Anita Humphreys, Jane Jamison, Scott Jones, Helen McGee, Susanna Metcalf, Sandra Miles, Barbara Niven, Natalie Sherwood, Tim Sparacino, Becky Sullivan, Mona Thompson, Bennie Whitfield, Patti Willford; ILLINOIS: Anne C. Coffman; LOUISIANA: Debra Reimonenq, Nathaniel Zeno; MICHIGAN: Jennifer Allen, Mike Battenn, Monique Beels, Kim Bidwell, Leah Breen, Lisa Brown, Charles Bruce, Rebecca Caverly, Angela Coan, Lauri Coe, Michelle Cook, Harvey Czerwinski, Jeremy Daugherty, Sally Dunlop, Joseph Ellison, Carolyn Evans, Stephen Evans, Sharrece Farris, LaWanda Finney, Christine Forrister, Rick Heitmeyer, Edwina Hill, Maureen Horenziak, Marcia Gibbens, Evan Hordyk, Vickie Houston, Beth Hunter, Michele Jahn, Germaine Jarvis, Debora Kitson, Arden LaMere, Tom Livezey, Donna Lochrie, Laurie McCarty, Judy McCrone, Noama Miller, Julie Montross, Connie Nash, Nina Nettles, Kathy Niergarth, Shannon Pathe, Karen Pond, Rose Potvin, Roberta Rickett, Zenaida Rivera, Sue Sharma, Jerry Sinkel, Amy Sitzer, Hallie Snyder, Stan Trompeter, Grace Velchansky, Stephanie Vittitow, Shawn Vondra, Mary Kay Wanska, Catherine White, Manuel Wilson, Linda Winslow, Ronell Young, Janice Zapac; MISSISSIPPI: Janie Alexander, Earline Davis, David Faulkenbery, Mary Jones, Jeanne Kinnard, Bobbie J. Lewis, Barbara McCoy, Crystal Newman, Delores Nash, Loretta Shird, Lisa Smith, Kenyartic Brown, Pam Compton, Betty Duke, Valerie Jaynes, Shirley Nichols, Jan Carter, Jim Hamilton, Harriet Kinnel, Bettye Neely, Tina Penton, Debra Petty, David Spinks, Bobby Luke, Lisa McNeil, Terri Nyman, Thomas Spencer Jr., NORTH CAROLINA: Donna Brown, Lori Bruce, Scarlet Davis, Cassandra Evans, Thomas Evans, Jayne Gill, J. Terry Hall, George Hancock, Barbara Hardison, Janice H. Linker, Jennifer Locklear, Rhonda Muhammad, Faye Geneva Neeriemer, Nelson, Linda Nicholson, Richard M. Purcell, Yvette S. Richardson, Kim Rudisill, Timothy Sims, Dorothy Skinner, Marty Smith, Rosemary H. Smith, Dale E. Strayhorn, Loreto K. Tessini, Linda Ward; TEXAS: Barbara Agee, Vickie Ansley, Leslie Branyan, Kathy Carter, Cheryl M. Ensley, Marilyn Hankla, Sharon Jensen, Janie Livas, Linda Marshall, Cathy Ostmeyer, Anne Phillips, Camilla A. Reyna, Melissa Shaver, Debora A. Simmons, Teresa Thompson, Donna Walton, Nadine Wolfe; VIRGINIA: Janice Pierson, Mary C. Wheeler

WE ALSO WELCOME A NEW STATE REPRESENTATIVE TO THE
NAFEPA BOARD OF DIRECTORS: Jim Sheffer, Pennsylvania


A Few Words About NAFEPA Membership-Subscription

  1. We have many states that are changing to NAFEPA’s joint membership process. What that means in those states is that when you join your state organization, you also become a member of NAFEPA, the national
    organization of which your state is an affiliate.

  2. California was the first state to use joint membership, and when Nevada became affiliated, joint membership was what they decided to use. On October 1, 2006, the joint membership rate was reduced by the NAFEPA Board from $80 to $50, and a number of states decided that this was workable for their organizations. We now have these states either using joint membership or moving toward it: Michigan, Texas, Alabama, Florida, North Carolina, Mississippi, and Virginia.

  3. This change means that we now have three ways that folks can join NAFEPA: Joint membership as described above at $80; Choice Membership which means that state members can join just the state organization or both the state and national (NAFEPA amount for this is $85); and Direct Membership which allows the member to bypass the state organization and join NAFEPA directly at $100. Direct Membership is also used by members from states that do not have a state affiliation with NAFEPA.

  4. When states send their membership lists to NAFEPA, we would like to have the following information: name, position, district, mailing address, telephone number, and email address. And, we applaud you if the lists can be sent electronically on an Excel spread sheet. Send to elizabeth.pinkerton@frontiernet.net.

  5. We carry members on our list for about six months after they become overdue, and we mark the due dates on the address label of the newsletters. If you have questions about membership, feel free to contact me. Thanks.

Elizabeth


NAFEPA Membership/Subscription Form
 
Download form now! (.pdf file*)


NAFEPA BOARD OF DIRECTORS—STATE REPRESENTATIVES

Alabama:

Arizona:
Arkansas:

California:

Colorado:
Florida:
Louisiana:
Maryland:

Massachusetts:
Michigan:

Minnesota:
Mississippi:
Missouri:
Nevada:
New Jersey:
New York:
North Carolina:
Oklahoma:
Ohio:
Pennsylvania:
Rhode Island:
South Carolina:
Texas:

Virginia:
Washington:
Wisconsin:

Karen Jensen: 256-852-7073; kjensen@madison.k12.al.us
Margaret Mastin: 256-582-3171; mastinma@marshallk12.org

Mary Donnadieu: 520-287-0800; mdonnadieu@nusd.k12.az.us
Anita Farver: 870-543-4236; afarver@pbsd.k12.ar.us
Marilyn Chambers: 870-853-9851; mchamber@hca.sesc.k12.ar.us
Terry Larsen: 626-308-2251; larsen_terry@alhambra.k12.ca.us
Linda Cook: 916-263-8258; lcook@nssd.k12.ca.us
Mary McGrane: 970-352-7404; mmcgrane@cboces.org
Robert Pugh: 386-329-0543; pugh_b1@firm.edu
Annette Jennings: 985-535-5400; ajennings@stjohn.k12.la.us
Chrisandra Richardson: 301-230-0660; chrisandra_richardson@mcpsmd.org 
Paul Zinni: 508-588-0230; pzinni@tmlp.com
Glenda Virden: 734-495-0797; virdeng@comcast.net
Marie Miller: 313-297-9600; millerm24@comcast.net
Dale Zellmer: 763-506-1120; zellmer@anoka.k12.mn.us 
Peggy Rogers: 662-244-5001; drpjrogers@cs.com
Sandra Pettit: 816-413-5067; spettit@nkcsd.k12-mo-us
D. Terry Lizotte: 702-799-8630; terry@interact.ccsd.net
Daniel Loggi: 609-646-0109; DLogEdD@aol.com
Christian Johnson: 917-710-1913; xtnjohnson@gmail.com
Helen Adams: 919-772-4009; WCSO931@earthlink.net
Tom Sipe: 580-767-8000; tsipe@poncacity.k12.ok.us
Everett C. Mann III: 513-887-5000; hasa_em@swoca.net
Jim Sheffer: 717-309-9383; jsheffer@aol.com 
Patricia Dubois: 401-767-4614; rid25595@ride.ri.net
Jacqueline Hopkins: 803-625-5006; hopkjac@hampton1.k12.sc.us 
Gloria Williams: 512-414-0113; gwillms@austinisd.org
Mitzi Doggett: 903-845-6991; doggettm@gladewaterisd.com 
Betsy Mierzwa: 540-946-4600; bmierzwa@waynesboro.kl2.va.us 
Robert Harmon: 360-725-6170; bobharmon@k12.wa.us
John Pfaff: 920-459-6718; jpfaff@sheboygan.k12.wi.us

CHECK YOUR MEMBERSHIP DUE DATE ON THE LABEL OF THIS NEWSLETTER!
If you are OVERDUE—— this is your last newsletter.
We do not want to lose you as a NAFEPA member, so we hope to hear from you soon.


This newsletter was prepared by: Elizabeth Pinkerton

If you are in an unaffiliated state, contact me elizabeth.pinkerton@frontiernet.net if you need additional information.

Click here for printable version in .pdf format.

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Click here for NAFEPA Membership/Subscription Form.

 
 
 
 
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