FR Doc 03-4075

[Federal Register: February 21, 2003 (Volume 68, Number 35)]
[Notices]
[Page 8495-8506]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21fe03-25]

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DEPARTMENT OF EDUCATION

West Virginia Department of Education; Written Findings and
Compliance Agreement

AGENCY: Office of Elementary and Secondary Education, Department of
Education.

ACTION: Notice of written findings and compliance agreement.

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SUMMARY: Section 457 of the General Education Provisions Act (GEPA)
authorizes the U.S. Department of Education to enter into a compliance
agreement with a recipient that is failing to comply substantially with
Federal program requirements. In order to enter into a compliance
agreement, the Department must determine, in written findings, that the
recipient cannot comply until a future date with the applicable program
requirements and that a compliance agreement is a viable means of
bringing about such compliance. On March 29, 2002, the Assistant
Secretary for Elementary and Secondary Education (Assistant Secretary)
entered into a compliance agreement with the West Virginia Department
of Education (WVDE). Under section 457(b)(2) of GEPA, the written
findings and compliance agreement must be published in the Federal
Register.

FOR FURTHER INFORMATION CONTACT: Dr. Grace A. Ross, U.S. Department of
Education, Office of Elementary and Secondary Education, 400 Maryland
Avenue, SW., room 3W118, Washington, DC 20202. Telephone: (202) 260-
0967.
If you use a telecommunications device for the deaf (TDD), you may
call the Federal Information Relay Service (FIRS) at 1-800-877-8339.
Individuals with disabilities may obtain this document in an
alternative format (e.g., Braille, large print, audiotape, or computer
diskette) on request to the contact person listed under FOR FURTHER
INFORMATION CONTACT.

SUPPLEMENTARY INFORMATION: Under Title I, Part A of the Elementary and
Secondary Education Act of 1965 (Title I), each State, including the
District of Columbia and Puerto Rico, was required to develop or adopt,
by the 1997-98 school year, challenging content standards in at least
reading/language arts and mathematics that describe what the State
expects all students to know and be able to do. Each State also was
required to develop or adopt performance standards, aligned with its
content standards that describe three levels of proficiency to
determine how well students are mastering the content standards.
Finally, by the 2000-2001 school year, each State was required to
develop or adopt a set of student assessments in at least reading/
language arts and mathematics that would be used to determine the
yearly performance of schools in enabling students to meet the State's
performance standards.
WVDE submitted, and the Department approved, evidence that it has
content standards in at least reading/language arts and mathematics. In
August 2000, WVDE submitted evidence of its final assessment system and
performance standards. The Department submitted that evidence to a
panel of three assessment experts for peer review. Following that
review, the Assistant Secretary for Elementary and Secondary Education
concluded that WVDE's proposed final assessment system and performance
standards did not meet a number of the Title I requirements.
Section 454 of GEPA, 20 U.S.C. 1234c, sets out the remedies
available to the Department when it determines that a recipient ``is
failing to comply substantially with any requirement of law''
applicable to Federal program funds the Department administers.
Specifically, the Department is authorized to--
(1) Withhold funds;
(2) Obtain compliance through a cease and desist order;
(3) Enter into a compliance agreement with the recipient; or
(4) Take any other action authorized by law. 20 U.S.C. 1234c(a)(1)
through (a)(4).
In a letter dated November 8, 2000 to Dr. David Stewart,
Superintendent of Schools for the West Virginia Department of
Education, the Assistant Secretary notified WVDE that, in order to
remain eligible to receive Title I funds, it must enter into a
compliance agreement with the Department. The purpose of a compliance
agreement is ``to bring the recipient into full compliance with the
applicable requirements of law as soon as feasible and not to excuse or
remedy past violations of such requirements.'' 20 U.S.C. 1234f(a). In
order to enter into a compliance agreement with a recipient, the
Department must determine, in written findings, that the recipient
cannot comply until a future date with the applicable program
requirements, and that a compliance agreement is a viable means for
bringing about such compliance.
On March 29, 2002, the Assistant Secretary issued written findings,
holding that compliance by WVDE with the Title I standards and
assessment requirements is genuinely not feasible until a future date.
Having submitted its assessment system for peer review in August 2000,
WVDE was not able to make the significant changes to its system that
the Department's review required in time to meet the spring 2001
statutory deadline to have approved assessments in place. As a result,
WVDE administered its unapproved assessment system in 2001. The
Assistant Secretary also determined that a compliance agreement
represents a viable means of bringing about compliance because of the
steps WVDE has already taken to comply, its commitment of resources,
and the plan it has developed for further action. The agreement sets
out the action plan that WVDE must meet to come into compliance with
the Title I

[[Page 8496]]

requirements. This plan, coupled with specific reporting requirements,
will allow the Assistant Secretary to monitor closely WVDE's progress
in meeting the terms of the compliance agreement. The Superintendent of
WVDE, Dr. David Stewart, signed the agreement on March 22, 2002 and the
Assistant Secretary signed it on March 29, 2002.
As required by section 457(b)(2) of GEPA, 20 U.S.C. 1234f(b)(2),
the text of the Assistant Secretary's written findings is set forth as
appendix A and the compliance agreement is set forth as appendix B of
this notice.

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(Authority: 20 U.S.C. 1234c, 1234f, 6311)

Dated: February 13, 2003.
Eugene W. Hickock,
Under Secretary of Education.

Appendix A--Text of the Written Findings of the Assistant Secretary for
Elementary and Secondary Education

I. Introduction

The Assistant Secretary for Elementary and Secondary Education
(Assistant Secretary) of the U.S. Department of Education
(Department) has determined, pursuant to 20 U.S.C. 1234c and 1234f,
that the West Virginia Department of Education (WVDE) has failed to
comply substantially with certain requirements of Title I, Part A of
the Elementary and Secondary Education Act of 1965 (Title I), 20
U.S.C. 6301 et seq., and that it is not feasible for WVDE to achieve
full compliance immediately. Specifically, the Assistant Secretary
has determined that WVDE failed to meet a number of the Title I
requirements concerning the development of performance standards and
an aligned assessment system within the statutory timeframe.
For the following reasons, the Assistant Secretary has concluded
that it would be appropriate to enter into a compliance agreement
with WVDE to bring it into full compliance as soon as feasible.
During the effective period of the compliance agreement, which ends
three years from the date of these findings, WVDE will be eligible
to receive Title I funds as long as it complies with the terms and
conditions of the agreement as well as the provisions of Title I,
Part A and other applicable Federal statutory and regulatory
requirements.

II. Relevant Statutory and Regulatory Provisions

A. Title I, Part A of the Elementary and Secondary Education Act of
1965

Title I, Part A of the Elementary and Secondary Education Act of
1965 (Title I), 20 U.S.C. 6301 et seq., provides financial
assistance, through State educational agencies, to local educational
agencies to provide services in high-poverty schools to students who
are failing or at risk of failing to meet the State's student
performance standards. Under Title I, each State, including the
District of Columbia and Puerto Rico, was required to develop or
adopt, by the 1997-98 school year, challenging content standards in
at least reading/language arts and mathematics that describe what
the State expects all students to know and be able to do and
performance standards, aligned with those content standards, that
describe three levels of proficiency to determine how well students
are mastering the content standards.
By the 2000-2001 school year, Title I required each State to
develop or adopt a set of student assessments in at least reading/
language arts and mathematics that would be used to determine the
yearly performance of schools and school districts in enabling
students to meet the State's performance standards. These
assessments must meet the following requirements:
[sbull] The assessments must be aligned to a State's content and
performance standards.
[sbull] They must be administered annually to students in at
least one grade in each of three grade ranges: grades 3 through 5,
grades 6 through 9, and grades 10 through 12.
[sbull] They must be valid and reliable for the purpose for
which they are used and of high technical quality.
[sbull] They must involve multiple measures, including measures
that assess higher-order thinking skills.
[sbull] They must provide for the inclusion of all students in
the grades assessed, including students with disabilities and
limited English proficient students.
[sbull] They must provide individual reports.
[sbull] Results from the assessments must be disaggregated and
reported by major racial and ethnic groups and other categories.
20 U.S.C. 6311(b)(3).\1\[1]
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\1\ On January 8, 2002, Title I of the Elementary and Secondary
Education Act was reauthorized by the No Child Left Behind Act of
2001 (NCLB) (Pub. L. 107-110). The NCLB made several significant
changes to the Title I standards and assessment requirements. First,
it requires that each State develop academic content and student
achievement standards in science by the 2005-06 school year. Second,
by the 2005-06 school year, it requires a system of aligned
assessments in each of grades 3 through 8 and once during grades 10
through 12. Third, it requires science assessments in at least three
grade spans by the 2007-08 school year. Fourth, the NCLB
significantly changes the definition of adequate yearly progress
each State must establish to hold schools and school districts
accountable, based on data from the 2001-02 test administration.
Finally, by the 2002-03 school year, the NCLB requires State and
school district report cards that include, among other things,
assessment results disaggregated by various subgroups, two-year
trend data, and percent of students tested.
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B. The General Education Provisions Act

The General Education Provisions Act (GEPA) provides a number of
options when the Assistant Secretary determines a recipient of
Department funds is ``failing to comply substantially with any
requirement of law applicable to such funds.'' 20 U.S.C. 1234c. In
such case, the Assistant Secretary is authorized to--
(1) Withhold funds;
(2) Obtain compliance through a cease and desist order;
(3) Enter into a compliance agreement with the recipient; or
(4) Take any other action authorized by law. 20 U.S.C.
1234c(a)(1) through (a)(4).
Under section 457 of GEPA, the Assistant Secretary may enter
into a compliance agreement with a recipient that is failing to
comply substantially with specific program requirements. 20 U.S.C.
1234f. The purpose of a compliance agreement is ``to bring the
recipient into full compliance with the applicable requirements of
the law as soon as feasible and not to excuse or remedy past
violations of such requirements.'' 20 U.S.C. 1234f(a). Before
entering into a compliance agreement with a recipient, the Assistant
Secretary must hold a hearing at which the recipient, affected
students and parents or their representatives, and other interested
parties are invited to participate. At that hearing, the recipient
has the burden of persuading the Assistant Secretary that full
compliance with the applicable requirements of law is not feasible
until a future date and that a compliance agreement is a viable
means for bringing about such compliance. 20 U.S.C. 1234f(b)(1). If,
on the basis of all the available evidence, the Assistant Secretary
determines that compliance until a future date is genuinely not
feasible and that a compliance agreement is a viable means for
bringing about such compliance, the Assistant Secretary must make
written findings to that effect and publish those findings, together
with the substance of any compliance agreement, in the Federal
Register. 20 U.S.C. 1234f(b)(2).
A compliance agreement must set forth an expiration date, not
later than three years from the date of these written findings, by
which time the recipient must be in full compliance with all program
requirements. 20 U.S.C. 1234f(c)(1). In addition, a compliance
agreement must contain the terms and conditions with which the
recipient must comply during the period that agreement is in effect.
20 U.S.C. 1234f(c)(2). If the recipient fails to comply with any of
the terms and conditions of the compliance agreement, the Assistant
Secretary may consider the agreement no longer in effect and may
take any of the compliance actions described previously. 20 U.S.C.
1234f(d).

[[Page 8497]]

III. Analysis

A. Overview of Issues To Be Resolved in Determining Whether a
Compliance Agreement Is Appropriate

In deciding whether a compliance agreement between the Assistant
Secretary and WVDE is appropriate, the Assistant Secretary must
first determine whether compliance by WVDE with the Title I
standards and assessment requirements is genuinely not feasible
until a future date. 20 U.S.C. 1234f(b). The second issue that the
Assistant Secretary must resolve is whether WVDE will be able,
within a period of up to three years, to come into compliance with
the Title I requirements. Not only must WVDE come into full
compliance by the end of the effective period of the compliance
agreement, it must also make steady and measurable progress toward
that objective while the compliance agreement is in effect. If such
an outcome is not possible, then a compliance agreement between the
Assistant Secretary and WVDE would not be appropriate.

B. WVDE Has Failed To Comply Substantially With Title I Standards
and Assessment Requirements

In August 2000, WVDE submitted evidence of its final assessment
system. The Assistant Secretary submitted that evidence to a panel
of three assessment experts for peer review. Following that review,
the Assistant Secretary for Elementary and Secondary Education
concluded that WVDE's proposed final assessment system did not meet
a number of the Title I requirements. Specifically, the Assistant
Secretary determined that WVDE must do the following:
[sbull] Develop or select an academic assessment system that
represents the full range of the WVDE's academic content standards
and academic achievement standards in at least reading/language arts
and mathematics and is consistent with the Title I requirements for
use of multiple measures of student achievement, including measures
that assess higher-order thinking and understanding. Document the
alignment of the assessment system with WVDE's academic content and
student achievement standards.
[sbull] Provide evidence that the State assessment will be used
for purposes for which such assessments are valid and reliable, and
be consistent with relevant, nationally recognized professional and
technical standards for such assessments.
[sbull] Provide evidence of performance standards aligned to
content standards.
[sbull] Clarify how reasonable accommodations are provided to
students with disabilities and limited English proficient students
that allow for their scores to be included in the accountability
system.
[sbull] Clarify how data for students who take the alternate
assessment and students administered assessments with non-standard
accommodations will be incorporated into the accountability system.
[sbull] Provide complete participation data for students with
disabilities and limited English proficient students so that the
State's inclusion policies relating to assessment, reporting, and
accountability can be evaluated.
[sbull] Provide individual reports of student achievement
relative to the State performance standards.
[sbull] Provide school, district, and State level reports using
disaggregated data by all the required categories.
[sbull] Provide evidence that LEAs are completing and
disseminating school and district profiles that include
statistically sound disaggregated results.
[sbull] Clarify how the State defines ``full academic year'' for
including students in determining adequate yearly progress.

C. WVDE Cannot Correct Immediately Its Noncompliance With the Title
I Standards and Assessment Requirements

Under the Title I statute, WVDE was required to implement its
final assessment system no later than the 2000-2001 school year. 20
U.S.C. 6311(b)(6). WVDE submitted evidence of its assessment system
in August 2000, but the Assistant Secretary determined, on the basis
of that evidence, that WVDE's system did not fully meet the Title I
requirements. Due to the enormity and complexity of developing a new
assessment system that addressed the Assistant Secretary's concerns,
WVDE was not able to complete that task between the time it
submitted its system for review and the spring 2001 assessment
window. Thus, in spring 2001, WVDE administered the assessment that
the Assistant Secretary had determined did not meet the Title I
requirements. As a result, the Assistant Secretary finds that it is
not genuinely feasible for WVDE to come into compliance until a
future date.

D. WVDE Can Meet the Terms and Conditions of a Compliance Agreement
and Come Into Full Compliance With the Requirements of Title I
Within Three Years

At the public hearing, WVDE presented evidence of its commitment
and capability to come into compliance with the Title I standards
and assessment requirements within three years. For example, the
following have been developed in the last 18 months: content
standards and objectives for core courses grades K-12; performance
standards, three levels performance descriptors for those three
levels performance for core courses K-12; a comprehensive,
completely revised plan for a statewide assessment system that meets
both the old law and the provisions of the reauthorization.
Finally, WVDE has developed a comprehensive action plan,
incorporated into the compliance agreement, that sets out a very
specific schedule that WVDE has agreed to meet during the next three
years for attaining compliance with the Title I standards and
assessment requirements. As a result, WVDE is committed not only to
coming into full compliance within three years, but to meeting a
stringent, but reasonable, schedule for doing so. The action plan
also demonstrates that WVDE will be well on its way to meeting the
new standards and assessment requirements of the No Child Left
Behind Act of 2001. The compliance agreement also sets out
documentation and reporting procedures that WVDE must follow. These
provisions will allow the Assistant Secretary to ascertain promptly
whether WVDE is meeting each of its commitments under the compliance
agreement and is on schedule to achieve full compliance within the
effective period of the agreement.
The task of developing an assessment system that meets the Title
I requirements is not a quick or easy one. However, the Assistant
Secretary has determined that, given the commitment of WVDE to
comply with the terms and conditions of the compliance agreement, it
is possible for WVDE to come into full compliance with the Title I
standards and assessment requirements within three years.

IV. Conclusion

For the foregoing reasons, the Assistant Secretary finds the
following: (1) That full compliance by WVDE with the standards and
assessment requirements of Title I is not feasible until a future
date; and (2) that WVDE can meet the terms and conditions of the
attached compliance agreement and come into full compliance with the
Title I standards and assessment requirements within three years of
the date of these findings. Therefore, the Assistant Secretary has
determined that it is appropriate to enter into a compliance
agreement with WVDE. Under the terms of 20 U.S.C. 1234f, that
compliance agreement becomes effective on the date of these
findings.

Dated: March 29, 2002.
Susan B. Neuman,
Assistant Secretary, Office of Elementary and Secondary Education.

Appendix B--Text of the Compliance Agreement

Compliance Agreement Under Title I of the Elementary and Secondary
Education Act Between the United States Department of Education and the
West Virginia Department of Education

Introduction

Title I of the Elementary and Secondary Education Act of 1965
(Title I) required each State, including the District of Columbia
and Puerto Rico, to develop or adopt, by the 1997-98 school year,
challenging content standards in at least reading/language arts and
mathematics that describe what the State expects all students to
know and be able to do. Title I also required each State to develop
or adopt performance standards, aligned with those content
standards, that describe three levels of proficiency to determine
how well students are mastering the content standards. By the 2000-
2001 school year, Title I required each State to develop or adopt a
set of student assessments in at least reading/language arts and
mathematics that would be used to determine the yearly performance
of schools and school districts in enabling students to meet the
State's performance standards.
The West Virginia Department of Education (WVDE) was not able to
meet these requirements by the statutory deadlines. In order to be
eligible to continue to receive

[[Page 8498]]

Title I funds while working to comply with the statutory
requirements, Dr. David Stewart, Superintendent of WVDE, indicated
WVDE's interest in entering into a compliance agreement with the
Office of Elementary and Secondary Education (OESE) of the United
States Department of Education. On February 4, 2002 OESE conducted a
public hearing regarding WVDE's ability to come into compliance with
the Title I standards and assessment requirements within three
years. Based on testimony at that hearing, Mr. William Luff, Deputy
State Superintendent, testified that compliance by WVDE with the
Title I standards and assessment requirements was not possible by
this school year. According to the Deputy State Superintendent, when
the current State Superintendent was advised, ``by the U.S. office,
in late spring, that our assumptions about use of the existing
assessments were incorrect, he immediately directed the department
staff to come into full compliance with the law as quickly as
possible.''
Pursuant to this Compliance Agreement under 20 U.S.C. 1234f,
WVDE must be in full compliance with the requirements of Title I no
later than three years from the date of the Assistant Secretary's
written findings, a copy of which is attached to, and incorporated
by reference into, this Agreement. Specifically, WVDE must meet, and
document that it has met, the following requirements:
1. Develop or select an academic assessment system that
represents the full range of the WVDE's academic content standards
and academic achievement standards in at least reading/language arts
and mathematics and is consistent with the Title I requirements for
use of multiple measures of student achievement, including measures
that assess higher-order thinking and understanding. Document the
alignment of the assessment system with WVDE's academic content and
student achievement standards.
2. Provide evidence that the State assessment shall be used for
purposes for which such assessments are valid and reliable, and be
consistent with relevant, nationally recognized professional and
technical standards for such assessments.
3. Provide evidence of performance standards aligned to content
standards.
4. Clarify how reasonable accommodations are provided to
students with disabilities and limited English proficient students
that allow for their scores to be included in the accountability
system.
5. Clarify how data for students who take the alternate
assessment and students administered assessments with non-standard
accommodations will be incorporated into the accountability system.
6. Provide complete participation data for students with
disabilities and LEP students so that the State's inclusion policies
relating to assessment, reporting, and accountability can be
evaluated.
7. Provide individual reports of student achievement relative to
the state performance standards.
8. Provide school, district, and State level reports using
disaggregated data by all the required categories.
9. Provide evidence that LEAs are completing and disseminating
school and district profiles that include statistically sound
disaggregated results.
10. Clarify how the State defines ``full academic year'' for
including students in determining adequate yearly progress.
During the period that this Compliance Agreement is in effect,
WVDE is eligible to receive Title I, Part A funds if it complies
with the terms and conditions of this Agreement, as well as the
provisions of Title I, Part A and other applicable Federal statutory
and regulatory requirements. Specifically, the Compliance Agreement
sets forth the action steps WVDE must meet to come into compliance
with the Title I standards and assessment requirements (See
attached). WVDE must submit documentation concerning its compliance
with these action steps.
The action steps, hereby incorporated into this Compliance
Agreement by reference may be amended by joint agreement of the
parties, provided full compliance can still be accomplished by the
expiration date of the Agreement.
In addition to all of the terms and conditions set forth above,
WVDE agrees that its continued eligibility to receive Title I, Part
A funds is predicated upon compliance with statutory and regulatory
requirements of that program that have not been addressed by this
Agreement, including the requirements of the No Child Left Behind
Act of 2001.
If WVDE fails to comply with any of the terms and conditions of
this Compliance Agreement, including the action steps attached
hereto the USED may consider the Agreement no longer in effect and
may take any action authorized by law, including the withholding of
funds or the issuance of a cease and desist order following notice
and opportunity to be heard in accordance with 20 U.S.C. Sec.
1234d. 20 U.S.C. Sec. 1234f(d).

For the West Virginia Department of Education:

Dated: March 22, 2002.
Dr. David Stewart,
State Superintendent of Schools.
For the United States Department of Education:

Dated: March 22, 2002.
Susan B. Neuman,
Assistant Secretary, Office of Elementary and Secondary Education.

Date this Compliance Agreement becomes effective: April 5, 2002.

[[Page 8499]]

Title I Compliance Agreement--Work Plan/Time Line
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Component or measurable outcome Public Law 103-382 Documentation Office responsible Date
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A Content Standards
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A1............................... Revise West Virginia's content Sec. 1111(b)(1)(c).. Office of Instructional April 30, 2002.
standards in math and reading Instructional Services.
K-12. *Draft content standards Services Work Plan.
in science.
A2............................... Draft content standards sent to Sec. 1111(b)(1)(A).. Policy 2520........ Instructional April 30, 2002.
U.S. Department of Education. Services.
A3............................... Document involvement of a broad Sec. 1111(a)(1)..... Committee Lists, Instructional April 30, 2002.
base of education stakeholders Comment Process, Services.
in the development of content Sample Comments.
standards ensuring diversity
in the composition of the
group, especially in the areas
of special education and
limited English proficient
expertise.
A4............................... Document that the content Sec. 1111(b)(1)(D)- Teacher Comments, Instructional April 30, 2002.
standards are challenging for (i)(iii). Description of Services.
all students by providing Process.
conclusions from an
independent review panel or
organization.
A5............................... Document that all students are Sec. 1111(b)(1)(C).. Policy 2520, Policy Instructional April 30, 2002.
held to high standards. 2340, Policy 2510. Services.
A6............................... Document that the State has Sec. 1111(b)(1)(A).. Board Minutes, Instructional April 30, 2002.
formally approved the content Policy 2520. Services.
standards. *Including Science.
A7............................... Send documentation to the U.S. Sec. 1111(d)(1)(F).. April 30, 2002.
Department of Education for
formal peer review of content
standards.
----------------------------------
B Peformance Descriptors
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B1............................... Document a process for Sec. 1111(b)(1)(C).. Descriptor Instructional April 30, 2002.
determining the foundation for development Services.
developing performance agenda, Power
standards, including what Point
processes will be involved in presentations by
writing the descriptors. consultants, and
descriptor
development
routine.
B2............................... Draft performance levels and Sec. 1111(b)(1)(A).. See Section A3, Instructional April 30, 2002.
performance descriptors for Above. Services.
reading 3-10, and math 3-8 and
10.
B3............................... Document involvement of a broad Sec. 1111(a)(1)..... See Section A3, Instructional April 30, 2002.
base of education stakeholders Above. Services.
in the development of
performance descriptors
ensuring diversity in the
composition of the group,
especially in the areas of
special education and limited
English proficient expertise.
B4............................... Draft performance descriptors Sec. 1111(b)(1)(A).. Policy 2520........ Instructional April 30, 2002.
sent to U.S. Department of Services.
Education.
B5............................... Document how performance Sec. Policy 2520, Instructional April 30, 2002.
descriptors are aligned with 1111(b)(1)(D)(ii)(I Description of Services.
the content standards. ). Process.
B6............................... Document that the performance Sec. Policy 2520; See Instructional April 30, 2002.
descriptors are challenging 1111(b)(1)(D)(i)(II Section A3, Above; Services.
for all students. ). Description of
Process.
B7............................... Document that all students are Sec. 1111(b)(1)(c).. Policy 2510, Policy Instructional April 30, 2002.
held to the same high 2520. Services.
performance descriptors.
B8............................... Document that the State has Sec. 1111(b)(1)(A).. Policy 2520, Board Instructional April 30, 2002.
formally approved the draft Minutes. Services.
performance descriptors.

[[Page 8500]]

B9............................... Send documentation to the U.S. Sec. 1111(d)(1)(F).. All of above....... Instructional April 30, 2002.
Department of Education for Services.
formal peer review of draft
performance descriptors.
B10.............................. Administer assessments Sec. 1111(b)(3)..... Test Blueprints, Assessment and June 30, 2004.
developed based on content RFP, Copies of Student Services.
standards and draft Reports.
performance descriptors.
B11.............................. Review draft performance Sec. 1111(b)(3)(D).. Agenda, Committee Instructional September 30, 2004.
descriptors based on Lists. Services.
assessment results.
B12.............................. Set cut scores to determine Sec. 1111(b)(3)(D).. Formulas for Assessment and September 30, 2004.
performance level of standards determining Student Services.
based assessment in reading, standard setting
language arts and math in procedure, agenda
grades 3-8, 10 by the of meetings
bookmarking procedure. Technical Manual.
--standard setting meetings;...
--psychometric research;.......
--technical studies;...........
--scaling and equating;........
--programming costs............
B13.............................. Document involvement of a broad Sec. 1111(b)(3)(F) Committee Lists, Assessment and September 30, 2004.
base of education stakeholders (ii). Agenda, Cut Score Student Services.
in the setting of cut scores Recommendations.
ensuring diversity in the
composition of the group,
especially in the areas of
special education and limited
English proficient expertise.
B14.............................. Document that cut scores for Sec. 1111(b)(3)(E).. State profile of Assessment and September 30, 2004.
performance levels are results of Student Services.
challenging for all students;. standards based
--Three performance levels..... tests by
--Use bookmarking process...... performance
levels, schedule
of meetings and
events.
B15.............................. Document that all students are Sec. 1111(b)(3)(A).. Summary of Technology and September 30, 2004.
included in the cut scores. participation. Information
Systems.
B16.............................. Document that the cut scores Sec. 1111(b)(3)(B).. Final Alignment Assessment and September 30, 2004.
are aligned with the draft Study Report. Student Services.
performance descriptors and
the content standards.
B17.............................. Document that the State has Sec. 1111(b)(3)..... Board Minutes...... Assessment and December 31, 2004.
formally approved the Student Services.
performance cut scores.
B18.............................. Send documentation to the U.S. Sec. 1111(d)(1)(F).. ................... Assessment and December 31, 2004.
Department of Education for Student Services.
formal peer review of
performance cut scores.
C1............................... *Develop an RFP to secure .................... RFP, Committee Assessment and June 30, 2002.
services for test development, Member Lists. Student Services.
administration, scoring and
reporting for grades 3-8, 10.
C2............................... Send RFP to U.S. Department of .................... RFP, Committee Assessment and June 30, 2002.
Education. Member Lists. Student Services.
C3............................... Negotiate and sign a contract .................... Release of Purchase Assessment and June 30, 2002.
for services needed to develop Order, RFP. Student Services.
an assessment system.
C4............................... Send contract to U.S. .................... Release of Purchase Assessment and June 30, 2002.
Department of Education. Order, RFP. Student Services.
C5............................... *Complete detailed design and Sec. 1111(b)(3)(V).. Test Design Assessment and June 30, 2002-
implementation activities Document, Biasing Student Services. December 30, 2003.
required to create test items Review,
and test forms adequate to Reliability and
serve the purposes specified Validity Studies.
in the State's assessment
ensuring validity, reliability
and fairness for grades 3-8,
10.

[[Page 8501]]

C6............................... Design an approach to ensure Sec. 1111 (b)(3)(E). Letter to Norm Webb Assessment and June 30, 2002.
alignment of content and for Agreed Student Services.
performance descriptors with Services as Vendor.
the assessment considering
comprehensiveness, emphasis,
and depth.
--Internal alignment Teacher
committees.
--CTB..........................
External Alignment Norm Webb...
All alignment studies will
address comprehensiveness of
tests in terms of gaps and
weaknesses, emphasis and depth
of knowledge as well as
thinking skill distribution.
C7............................... Before pilot, complete an Sec. 1111 (b)(3)(B). Report from Norm Assessment and December 30, 2003.
analysis of the alignment of Webb, Vendor. Student Services.
the assessment and standards
identifying any gaps and
weaknesses in the alignment.
C8............................... After pilot, complete an Sec. 1111 (b)(3)(B). Report from Norm Assessment and March 31, 2004.
analysis of the alignment of Webb, Vendor. Student Services.
the assessment and standards
identifying any gaps and
weaknesses in the alignment.
C9............................... Complete test items and review Sec. 1111 Blueprints of Pilot Assessment and June 30, 2003.
for bias to ensure that (b)(3)(F)(ii). Tests. Student Services.
results measured the essence
of the standards and does so
for students of diverse
backgrounds.
--Internal Bias Review
Committee.
--CTB Bias Review Committee....
C10.............................. *Administer pilot tests in Sec. 1111 (b)(3)(E). Pilot Assessment and December 30, 2003.
grades 3-8, 10. Production, administration Student Services.
distribution, and manual.
administration.
C11.............................. Design an approach to ensure Sec. 1111(b)(3)(E).. Letter to Vendor Assessment and December 30, 2003.
alignment of content and and Report re: Student Services.
performance descriptors with Alignment Study.
the assessment considering
comprehensiveness, emphasis,
and depth.
C12.............................. Complete any needed adjustments First and Final Assessment and December 30, 2003.
in the test forms. Address Drafts of Test Student Services.
gaps and weakness and make Forms.
adjustments.
C13.............................. Results of alignment study sent Sec. 1111(b)(3)(B).. Alignment Study.... Assessment and December 30, 2004.
to U.S. Department of Student Services.
Education.
C14.............................. *Administer tests.............. Sec. 1111(b)(3)(D).. Superintendent's Assessment and June 30, 2004.
--Production................... letter with Student Services.
--Distributions................ testing schedule.
--Scoring......................
C15.............................. Develop reports that are Sec. 1111(b)(3)(H).. Copies of reports Assessment and December 30, 2004.
technically adequate for and accountability Student Services.
school and district standards.
accountability.
C16.............................. *Distribution of an itemized Sample report based Assessment and *August 31, 2003 and
score analysis to support on test Student Services. Annually
instructional improvement. administered in thereafter.
2001-2002.
C17.............................. Develop technical manuals that Sec. 1111(b)(3)(C).. Technical manuals.. Assessment and December 30, 2004.
contain such information as Student Services.
validity, reliability,
fairness/accessibility, and
comparability of results.
--Reports......................
--Revision of reports..........
C18.............................. Develop procedures for test Sec. 1111(b)(3)(C).. Copies of protocol Assessment and December 30, 2003.
administration, scoring, data and procedures Student Services.
analysis, and reporting to manual.
meet high technical standards.
--Administration manuals.......
--Data Analysis and Technical
Data.

[[Page 8502]]

C19.............................. Procedures for test Sec. 1111(b)(3)(C).. Copies of protocol Assessment and December 30, 2004.
administration, scoring, data and procedures Student Services.
analysis, and reporting to manual.
meet high technical standards
sent to U.S. Department of
Education.
C20.............................. Review of technical quality Sec. 1111(b)(3)(C).. Technical Quality Assessment and June 30, 2004.
sent to U.S. Department of Document. Student Services.
Education.
C21.............................. Submit evidence that the Sec. 1111(b)(3)(E).. Vendor report Assessment and December 30, 2004.
assessment includes multiple (including matrix) Student Services.
measures of student Alignment study.
performance, including
measures that assess higher-
order thinking skills and
understanding.
C22.............................. Submit assessment system to Sec. 1111(d)(1)(F).. See Above.......... Assessment and December 30, 2004.
U.S. Department of Education Student Services.
for peer review.
C23.............................. *Participation in the National Consolidated State Assessment and May 2002.
Assessment of Educational Plan. Student Services.
Progress in 2003 and 2005 and,
if selected, participation in
the field test in off-years.
D1............................... Develop policies for including Sec. Policy 2340........ Assessment and June 30, 2002.
LEP students in the statewide 1111(b)(3)(F)(iii). Student Services.
assessment system and revise
guidelines for assessment for
LEP guidelines.
D2............................... Develop policies for including Sec. Policy 2340, Policy Assessment and Policy--April 30,
students with disabilities in 1111(b)(3)(F)(ii). 2419, Guidelines Student Services. 2002.
the statewide assessment for assessment of Guidelines--June 30,
system and revise guidelines special education. 2003.
for assessment of students
with disabilities.
D3............................... Document that all students are Sec. Comparison of Office of December 31, 2004.
included in the assessment 1111(b)(3)(F)(i). enrolled students Technology and
system, especially LEP and with those Information
students with disabilities. assessed. Systems.
D4............................... Develop statewide monitoring Sec. Policy 2320, OSE Office Special January 2003.
procedures to ensure the 1111(b)(3)(F)(i). Monitoring Education.
inclusion of all students. Document.
D5............................... Submit statewide monitoring Sec. See D4............. Office of December 31, 2004.
procedures to ensure the 1111(b)(3)(F)(i). Technology and
inclusion of all students. Information
Systems.
D6............................... Clarify how reasonable Sec. Policy 2340, Assessment and December 2002,
accommodations are provided to 1111(b)(3)(F)(II). Guidelines for Student Services. December 2003,
students with disabilities and assessment of December 2004.
limited English proficient special education
students that allow for their and LEP students.
scores to be included in the
accountability system and
submit to U.S. Department of
Education.
D7............................... Clarify how data for students Sec. Policy 2510........ Deputy December 2004.
who take the alternate 1111(b)(3)(F)(I). Superintendent.
assessment and students
administered assessments with
non-standard accommodations
will be incorporated into the
accountability system and
submit to U.S. Department of
Education.
D8............................... Provide complete participation Sec. Participation Office of December 2002,
data for students with 1111(b)(3)(F)(i). Report. Technology and December 2003,
disabilities and LEP students Information December 2004.
to that the State's inclusion Systems.
policies relating to
assessment, reporting, and
accountability can be
evaluated and submit to U.S.
Department of Education.

[[Page 8503]]

D9............................... * Implementation of the English Instructions to Office of English * 2002-2003 and
language proficiency testing schools, test as a Second Annually
required under Title I and administration Language. thereafter.
Title III. manuals, sample
[sbull] Identify test that will reports.
be used..
[sbull] Administer to all LEP
students..
[sbull] Define annual
measurable objectives for
gains in English proficiency
as required in Sec. 3122..
[sbull] Report results as
required by NCLB..
----------------------------------
E Reporting
--------------------------------------------------------------------------------------------------------------------------------------------------------
E1............................... Design a reporting template for Sec. 1111(b)(3)(H).. Report Template.... Office of December 2004.
school, district, and state Technology and
profiles that clearly Information
communicates to educators, Systems.
parents and stakeholders how
the assessments relate to the
content and performance
standards and submit to U.S.
Department of Education.
E2............................... * Dissemination of Sec. 1111(b)(3)(I).. Disaggregation Office of * August 31, 2002
disaggregated data at the Reports. Technology and (as available).
school and district levels Information August 31, 2003 (all
from the assessments currently Systems. subgroups) and
in use. Assessment reports to annually
include: gender, major racial/ thereafter.
ethnic groups, English
proficiency status, migrant
status, students with
disabilities as compared to
nondisabled students, and
economically disadvantaged
students as compared to
students who are not
economically disadvantaged.
E3............................... Describe procedures for Sec. 1111(b)(3)(I).. Description of Office of December 2002,
annually reporting these reporting process Technology and December 2003,
results and submit to U.S. (with specific Information December 2004.
Department of Education. examples). Systems.
E4............................... Submit reporting policies for Sec. 1111(b)(3)(I).. Policy 2340........ Assessment and January 2004.
small groups. Student Services.
E5............................... Provide evidence that LEAs are Sec. 1116(a)(3)..... WV Code Citation, Office of December 2002,
completing and disseminating Letter to LEAs. Technology and December 2003,
school and district profiles Information December 2004.
to all required audiences that Systems.
include statistically sound
disaggregated results and
submit to U.S. Department of
Education.
E6............................... Document that all students are Sec. Reports............ Office of December 2002,
included in the school 1111(b)(3)(F)(i). Technology and December 2003,
profiles including exempted Information December 2004.
students, special education Systems.
students taking the alternate
assessment and LEP students
and submit to U.S. Department
of Education.
E7............................... Provide individual reports of Sec. Reports............ Office of December 2002 and
student achievement relative 1111(b)(3)(F)(i). Technology and December 2003
to the state performance Information (Quartile),
standards and submit to U.S. Systems. December 2004
Department of Education. (Performance
Standards).
E8............................... Describe strategies to ensure Sec. 1118(c)(4)(B).. Narrative Assessment and December 2002,
that individual reports go to describing Student Services. December 2003,
all parents in understandable strategies and December 2004.
ways and submit to U.S. parent committee
Department of Education. lists.
E9............................... Submit manuals and/or Sec. 1118(c)(4)(B).. Manuals............ Assessment and December 2002,
guidelines on the Student Services. December 2003,
interpretation of these December 2004.
reports and submit to U.S.
Department of Education.
E10.............................. Develop quality control Sec. 1111(b)(3)(C).. TILSA Quality Assessment and December 2002,
procedures to check accuracy Control document. Student Services. December 2003,
of scoring and reports and December 2004.
submit to U.S. Department of
Education.

[[Page 8504]]

E11.............................. * Distribution of a state Copy of State Office of * Sept. 30, 2002, *
report card as required under Report Card. Technology and Aug. 31, 2003, *
Section 1111 of Title I. State Information Aug. 31, 2004.
report card must include the Systems.
following:
[sbull] Disaggregated student
achievement results by
performance level..
[sbull] Percent of student not
tested.
[sbull] Comparison between
annual objectives and actual
performance for each student
group.
All other report card
requirements must be met as
quickly as possible,
consistent with implementation
of final assessments. (See E1).
E12.............................. * Annual report to the Part of Annual * December 2002 and
Secretary as described in Title I annually
Section 1111(h)(4). Performance Report. thereafter.
[sbull] Information on State
progress in developing all
required academic assessments.
[sbull] Student achievement
data.
[sbull] Disaggregated data on
acquisition of English
proficiency by LEP (2002-2003).
[sbull] Number and names of
school identified for school
improvement, the reason for
identification, and measures
taken to address achievement
problems.
[sbull] Number of students and
schools that participated in
public school choice and
supplemental services.
[sbull] Information on quality
of teacher and percent of
classes taught by highly
qualified (2002-2003).
F1............................... Develop a definition of Agreed Order Deputy December 2002,
adequate yearly progress that Tomblin Committee Superintendent. December 2003,
requires continuous Agendas PowerPoint December 2004.
improvement toward the goal of Presentations.
all students reaching
proficiency and submit to U.S.
Department of Education.
F2............................... Describe how the State See Section F1, Deputy December 2002,
assessments are defined as the Above. Superintendent. December 2003,
primary element in the State's December 2004.
definition of adequate yearly
progress for schools and
districts and submit to U.S.
Department of Education.
F3............................... Demonstrate approval of this See Section F1, Deputy December 2002,
definition of adequate yearly Above Policy 2510, Superintendent. December 2003,
progress and submit to U.S. State Board December 2004.
Department of Education. Minutes.
F4............................... Clarify how the State defines Policy 2340, See Assessment and December 2002,
``full academic year'' for Section F1, Above. Student Services. December 2003,
including students in December 2004.
determining adequate yearly
progress for schools and/or
districts and submit to U.S.
Department of Education.
F5............................... Document that all students are See Section F1, Office of December 2002,
included in the accountability Above Technology and December 2003,
system including special Dissagregation and Information December 2004.
education students taking the Participation Systems.
alternate assessment, other Report, Policy
special education students, 2340, See Section
504 students, and LEP students D3, Above.
and submit to U.S. Department
of Education.

[[Page 8505]]

F6............................... Provide information regarding PowerPoint Deputy December 2002,
how the State evaluates the Presentation See Superintendent. December 2003,
effectiveness of schools that Section F1, Above December 2004.
do not contain any of the Overview and
grades covered by the State Excerpt from
assessment system (e.g., K-2 Reading Assessment.
schools) and submit to U.S.
Department of Education.
F7............................... Submit the definition of Deputy December 2004.
adequate yearly progress to Superintendent.
the U.S. Department of
Education for peer review.
F8............................... *A. Continued identification of Description of Deputy *Sept. 30, 2002,
schools in need of school Superintendent. Aug. 31, 2003, Aug.
improvement, based on data accountability 31, 2004.
from the current assessment system to include
(s) for all children in the the data source
grade assessed and, to also (assessments) and
include: formula or
[sbull] Performance of decision sequence
subgroups (of statistically used to determine
reliable size). school
[sbull] Application of the 95% classification.
participation rule. List of schools and
[sbull] HS graduation and the districts
other indicators required by identified for
NCLB. improvement.
B. Establish AYP baseline, Communication of
based on data from the new baseline values
assessment (s) for all and AYP design to
children in the grades schools and
assessed.. districts.
Use transitional rules under List of schools and
NCLB, Sec. 1116 to identify districts
schools in need of identified for
improvement.. improvement.
F9............................... *All other requirements of NCLB Implementation and Office of 2002-2003 and
pertaining to schools documentation of Instructional Annually
identified for improvement, choice, Services. thereafter.
corrective action, or supplemental
restructuring during the services,
period of the compliance corrective
agreement. actions, as
appropriate.
--------------------------------------------------------------------------------------------------------------------------------------------------------
All items marked with * are No Child Left Behind Act of 2001 requirements. West Virginia will have six months from the date of the Compliance Agreement
or 30 days after publication of final regulations (whichever comes first) to determine the specific tasks and dates required to satisfy each goal.

[[Page 8506]]

[FR Doc. 03-4075 Filed 2-20-03; 8:45 am]

BILLING CODE 4000-01-P