Testimony from Kathy Cox:

Governor Roy E. Barnes Secretary Tommy G. Thompson Commission on No Child Left Behind Washington, D.C.

May 17, 2006

Governor Barnes and Secretary Thompson,

It is my honor to submit the following testimony to the Commission on No Child Left

Behind. I submit this testimony on behalf of the Georgia Department of Education, the

Governor’s Office of Student Achievement and the Office of Governor Sonny Perdue.

It was requested that I answer four questions in my written and spoken testimony and I have organized my presentation around those questions.

I am looking forward to speaking to the Commission on May 22. Should you have any questions prior to that date, please feel free to call my office at (404) 656-2800. You may also call the Georgia Department of Education’s Communications Office at (404) 463-

1487.

An overview of the accountability system Georgia has implemented due to NCLB

Georgia was several steps ahead of many other states in implementing NCLB because of school reform efforts already underway in Georgia. Specifically, Georgia was already giving criterion-referenced tests to our students in grades 3-8 and 11 when it became a requirement under No Child Left Behind. Georgia has also enacted legislation to stop social promotion in grades 3, 5 and 8.

Additionally, Georgia adhered strictly to the requirements set forth in the Elementary and Secondary Education Act of 1994. We had already begun tracking the progress of our Title 1 schools in a manner similar to that required under No Child Left Behind.

Georgia’s definition of Adequate Yearly Progress can be summarized as requiring:

 Participation: Each school as a whole and each student group with at least 40

students must have a participation rate of 95 percent or above on selected

assessments in Reading/English Language Arts and Mathematics.

 Annual Measurable Objective: Each school as a whole and each student group

meeting the minimum group size must meet or exceed the state’s Annual

Measurable Objective in Reading/English Language Arts and Mathematics. The

tests used are the Criterion-Referenced Competency Test for Grades 3-8 and the

Enhanced Georgia High School Graduation Test for Grade 11. These objectives

are increased until 2014, when we have a goal of 100 percent proficiency. For the

2004-2005 school year, the measurable objectives were:

o Grades 3-8 Mathematics: 58.7 percent

o Grade 11 Mathematics: 62.3 percent

o Grade 3-8 Reading/English Language Arts: 66.7 percent

o Grade 11 Reading/English Language Arts: 81.6 percent

 Second Indicator: Each school, as a whole, and each student group meeting the

minimum group size must show progress on a second indicator. In most of our

2 elementary schools that second indicator is attendance. In high school, that second

indicator is Graduation Rate.

It is important to note that Georgia’s state and federal accountability systems were merged so that the expectations of all of our schools were the same – whether they were

Title 1 schools or not.

Under the Single Statewide Accountability System, schools are required to report data for all students and subgroups containing 10 students or more. That information is presented in our state report card, which can be viewed at http://reportcard2005.gaosa.org/k12/default.aspx (2004-2005 school year).

The Statewide Accountability System also includes a series of consequences and interventions for schools and school systems not making Adequate Yearly Progress, as defined above. Because of our adherence to the 1994 ESEA Act, we have detailed consequences well beyond what is included in NCLB.

School Needs Improvement (NI) Status School Consequences/Interventions

Did Not Make AYP - Year 1 No Consequences

Needs Improvement 1 Choice; Develop School Improvement Plan

School Choice; Supplemental Services; Needs Improvement 2 Implement School Improvement Plan

School Choice; Supplemental Services; Needs Improvement 3 Continue School Improvement Plan; Develop/Implement School Corrective Action Plan School Choice; Supplemental Services; Needs Improvement 4 Implement School Corrective Action Plan; Plan for Restructuring School Choice; Supplemental Services; Needs Improvement 5 Continue School Corrective Action Plan; Implement Restructuring Plan

3 School Choice; Supplemental Services; Implement Restructuring Plan; GDOE School Needs Improvement 6 Performance Review & Needs Assessment; Develop Improvement Contract School Choice; Supplemental Services; Implement Improvement Contract; Needs Improvement 7 Contract-Monitored School Year 1 School Choice; Supplemental Services; Contract-Monitored School Year 2; Improvement Needs Improvement 8 Contract; GDOE System Performance Review & Needs Assessment; Develop Management Contract School Choice; Supplemental Services; Implement Management Contract; Needs Improvement 9 Contract-Managed School Year 1 School Choice; Supplemental Services; Contract-Managed School Year 2; Needs Improvement 10 Update Management Contract

It also includes a system of awards for schools that are showing the greatest achievement and the greatest gains in statewide assessments. This is part of our desire to focus not just on adequacy, but also on excellence.

The guidance for the Single Statewide Accountability System is attached.

Georgia’s views on the current system of AYP that is required by NCLB, including any barriers or successes created by such a system.

The process of determining Adequate Yearly Progress has had a profound positive impact on the state of Georgia’s public schools. Among those successes:

 The added emphasis on reading, English language arts and math has boosted

achievement in those critical core areas for all of our children.

 It has brought to the forefront the importance of disaggregating data and using

that data to guide instruction and improve student achievement. Just the process

of breaking down the numbers and seeing it published has made educators around

the state confront the areas where their students are falling behind.

4  AYP shines a spotlight on all groups of students. The results of one group of

children cannot be hidden by the high achievement of another group of students.

This will be especially important as we seek ways to reduce the achievement gap.

 The AYP requirements of NCLB have allowed us to go beyond providing

accountability for just Title 1 schools. We have been able to create a statewide

system that holds all schools and systems accountable for the performance of its

students in core areas.

 NCLB and AYP have highlighted the need for advancements in technology,

including 21st Century classrooms, virtual learning opportunities and a Statewide

Student Information System.

 The results of AYP have made it clear that we must put more focus on the

structure and rigor of our secondary schools.

 AYP and NCLB have shown us the need to increase our support to local systems

and schools in their efforts to improve student achievement. NCLB, along with

state reform efforts, has given us the leverage we need to work with schools and

systems on improvement, using best practices and proven strategies. Much of this

work is done through our Division of School Improvement.

The commission also asked if the current system of AYP created any barriers. The benefits have far outweighed the drawbacks, but there are areas of concern that have been raised by educators throughout the state. Among the greatest areas of concern:

 The need for flexibility in determining AYP for Students with Disabilities:

Additional and more appropriate measures for determining if Students with

5 Disabilities meet or exceed proficiency are being developed in Georgia. We

expect these assessments to roll out in spring 2007 along with our new Alternative

Assessment for the most disabled students. In the meantime, we need flexibility in

determining AYP for this group of students similar to that which was offered in

2004-2005.

 The need for flexibility in determining AYP for English Language Learners:

Additional and more appropriate measures for determining if Georgia’s English

Language Learners (ELL) meet or exceed proficiency have been developed.

However, more flexibility is needed as Georgia continues to provide appropriate

educational programs to meet the needs of many new ELL students. We must

consider whether it is fair to expect that English Language Learners can be adept

enough in English after just one year in U.S. public schools to participate

meaningfully in state assessments, including math. The ability to read fluently in

English is critical to being successful on the mathematics portions of our

assessments since more than just computation skills are assessed.

 Determining the Graduation Rate without taking IEPs into account:

Georgia’s requirements for high school graduation include 5 exit exams. Students

with Disabilities who are unable to participate meaningfully on these exit exams,

even with maximum accommodations, must successfully complete IEPs for

Graduation to receive a Special Education Diploma. Currently, these students,

who have successfully completed at least 12 years of school and their IEPs, are

not being counted in Georgia’s graduation rate.

6 Georgia’s views on the impact of AYP and Georgia’s accountability system on achievement in the state overall and in closing the achievement gap between disadvantaged children and their peers.

The positive impact of the AYP requirements on Georgia’s schools and school systems are evident when you look at the data. The number of schools in Needs Improvement has been reduced in Georgia from 533 in 2003 to 354 in 2005. Currently, there are 135 needs improvement schools that made AYP last year, meaning they are one year from being removed from NI status.

These numbers are indicative of the impact that No Child Left Behind has had on our schools.

Achievement is up: Since 2002, achievement is up in core areas tested under NCLB:

English, reading and math. This is especially true in elementary and middle grades.

English Language Arts, Criterion-Referenced % Pass % Pass 2002-2005 Competency Test 2002 2005 Change Grade 1 85 85 0 Grade 2 83 89 + 6 Grade 3 82 87 + 5 Grade 4 77 84 + 7 Grade 5 79 88 + 9 Grade 6 66 76 + 10 Grade 7 79 84 + 5 Grade 8 72 80 + 8

7 Reading, Criterion-Referenced % Pass % Pass 2002-2005 Competency Test 2002 2005 Change Grade 1 86 91 + 5 Grade 2 84 87 + 3 Grade 3 84 92 + 8 Grade 4 79 87 + 8 Grade 5 82 89 + 7 Grade 6 80 84 + 4 Grade 7 85 87 + 2 Grade 8 80 83 + 3

Mathematics, Criterion-Referenced % Pass % Pass 2002-2005 Competency Test 2002 2005 Change Grade 1 85 89 + 4 Grade 2 83 88 + 5 Grade 3 82 89 + 7 Grade 4 66 75 + 9 Grade 5 77 87 + 10 Grade 6 69 74 + 5 Grade 7 73 78 + 5 Grade 8 65 69 + 4

We have also seen gains in the high school grades, although they are more modest.

Test (11th grade – Regular Program) 2002 2006 Change English Language Arts 97% 98% 1 First-time test takers Mathematics 93% 95% 2 First-time test takers

All of our students are improving: We are seeing record improvement in student achievement in our subgroups. Most notably, our Students with Disabilities are showing the greatest gains of any subgroup.

Criterion-Referenced Competency Test; Students with Disabilities % Pass 2002 % Pass 2005 02-05 Change Grade 1 English Language Arts 61 66 + 5 Grade 1 Mathematics 64 75 + 11 Grade 1 Reading 66 80 + 14 Grade 2 English Language Arts 56 71 + 15 Grade 2 Mathematics 59 71 + 12 Grade 2 Reading 57 71 + 14 Grade 3 English Language Arts 52 68 + 16

8 Grade 3 Mathematics 53 73 + 20 Grade 3 Reading 55 81 + 26 Grade 3 Science 51 72 + 21 Grade 3 Social Studies 58 81 + 23 Grade 4 English Language Arts 39 57 + 18 Grade 4 Mathematics 28 46 + 18 Grade 4 Reading 43 68 + 25 Grade 4 Science 54 74 + 20 Grade 4 Social Studies 54 74 + 20 Grade 5 English Language Arts 40 64 + 24 Grade 5 Mathematics 38 58 + 20 Grade 5 Reading 46 68 + 22 Grade 5 Science 54 73 + 19 Grade 5 Social Studies 50 75 + 25 Grade 6 English Language Arts 21 39 + 18 Grade 6 Mathematics 24 36 + 12 Grade 6 Reading 39 55 + 16 Grade 6 Science 52 59 + 7 Grade 6 Social Studies 47 58 + 11 Grade 7 English Language Arts 34 52 + 18 Grade 7 Mathematics 29 41 + 12 Grade 7 Reading 49 60 + 11 Grade 7 Science 45 59 + 14 Grade 7 Social Studies 47 61 + 14 Grade 8 English Language Arts 24 41 + 17 Grade 8 Mathematics 20 28 + 8 Grade 8 Reading 36 50 + 14 Grade 8 Science 38 43 + 5 Grade 8 Social Studies 48 59 + 11

The achievement gap is closing in many areas: African-Americans make up about 38 percent of Georgia’s public school population. Closing the achievement gap is of the utmost importance to me, the Governor and the entire Georgia public school system. I am pleased to say that No Child Left Behind has helped us close the gap between White students and Black students in many subject areas. This chart shows the gap between the percentage of White students passing the Criterion-Referenced Competency Tests in core areas tested under NCLB and the percentage of Black students passing the same tests. It also shows the reduction in that gap over three years.

9 Criterion-Referenced Competency Gap Change Test 2002 Gap 2005 2002-2005 Grade 5 Mathematics 22 12 -10 Grade 6 English Language Arts 24 15 -9 Grade 8 English Language Arts 21 13 -8 Grade 3 Mathematics 17 10 -7 Grade 4 Mathematics 26 20 -6 Grade 4 Reading 18 12 -6 Grade 5 English Language Arts 15 9 -6 Grade 7 Mathematics 25 19 -6 Grade 3 Reading 13 8 -5 Grade 2 English Language Arts 11 7 -4 Grade 3 English Language Arts 14 10 -4 Grade 4 English Language Arts 16 12 -4 Grade 5 Reading 13 9 -4 Grade 6 Mathematics 25 21 -4 Grade 6 Reading 18 14 -4 Grade 7 English Language Arts 16 12 -4 Grade 1 Mathematics 14 11 -3 Grade 2 Mathematics 15 12 -3 Grade 8 Reading 16 13 -3 Grade 1 Reading 8 6 -2 Grade 7 Reading 14 12 -2 Grade 8 Mathematics 25 23 -2 Grade 1 English Language Arts 10 9 -1 Grade 2 Reading 12 11 -1

Georgia’s graduation rate is up: With graduation rate serving as a second indicator for

AYP in High Schools, we have seen steady increases in the percentage of our students graduating within four years of starting high school. Obviously, there is room for improvement in our graduation rate and we are focused on this at the Georgia Department of Education and throughout the state.

But it is important to recognize that we have seen steady improvement in our graduation rate since No Child Left Behind was signed into law.

10 School Year Graduation Rate 2001-2002 61. 8% 2002-2003 63.3% 2003-2004 65.4% 2004-2005 69.4%

Secondary School Redesign: The process of determining Adequate Yearly Progress has helped the Georgia Department of Education and our education partners realize that we must look at how our secondary schools are teaching our children. The story can be told, again, by simply looking at the data.

2005 2004 2003 Percent of schools 81.86% 79.51% 63.73% making AYP Percent of Elem. 95.84% 94.57% 88.36% Schools making AYP Percent of Middle 57.41% 49.51% 19.90% Schools making AYP Percent of High 62.99% 61.58% 29.48% Schools making AYP

For years, there was talk about how our middle schools and high schools were underachieving. But the process of determining AYP made us deal with this reality. We have undertaken a broad Secondary School Redesign effort. We are looking at best practices and innovation around the state to determine what we can do to jump start improvements in student achievement in our secondary schools.

A copy of “Perspectives on Georgia’s High Schools,” the results of our focus group discussions on secondary school redesign, is attached to this report. You can also find out

11 more about our ongoing secondary school redesign efforts at the following website: http://public.doe.k12.ga.us/tss_school_redesign.aspx.

The need for the state to support local school improvement efforts: NCLB has led us to create a School Improvement team that is in the field working with our schools that are in Needs Improvement. Our improvement specialists are in the field providing support, training and guidance to help schools come out from under Needs Improvement and – most importantly – show sustained improvement for years to come. We have worked with over 300 schools this year.

NCLB has helped the state prioritize our policy changes and legislative initiatives:

There are several other important initiatives being launched in Georgia, of which NCLB is one of the motivating factors.

 Georgia is implementing a more rigorous standards-based curriculum that is

closely-aligned with national and international standards. This curriculum is more

focused and supports the philosophy of NCLB that all children can learn if you set

high expectations. These standards can be viewed at www.georgiastandards.org.

 As portions of our curriculum are being phased in, we are aligning our

curriculum-based assessments to the Georgia Performance Standards. We are also

setting higher passing standards for our students, but believe that our new

curriculum provides the foundation for these students to meet the higher bar.

 We have developed and are implementing a student information system with

unique student identifiers, capable of tracking an individual student’s academic

12 growth from year to year. This will allow us to consider using growth models

should No Child Left Behind move in that direction.

 We have created several collaborative efforts to make sure that all of our

education agencies are working together on student achievement. These groups

include the Alliance of Agency Heads and Georgia’s P-16 Council, which are

dedicated to making sure our students are getting the education they need in

grades P-12 so they can succeed in higher education.

 Georgia is participating in the American Diploma Project, which ensures that a

student receiving a high school diploma is ready for college and the work world.

 Georgia has undertaken many legislative and budgetary efforts in recent years to

boost student achievement, with NCLB as one of the motivating factors:

o The creation of the Georgia Virtual School;

o A master teacher program to ensure we are taking advantage of the

knowledge and expertise of our best educators;

o A high-performing principal program that provides financial incentives for

excellent administrators to work in Needs Improvement schools;

o Reductions in class sizes in grades K-8 to support teacher efforts to

individualize instruction;

o Teacher pay raises and purchase cards so teachers can buy much-needed

supplies for their classrooms.

Georgia’s views or aspects of the existing AYP system that should be changed or modified and any data which supports such views

13 There are some areas where I would suggest that Congress and the U.S. Department of

Education study making some changes to No Child Left Behind.

Growth Models: We support the recent decision by the U.S. Department of Education to test growth models in selected states. The rollout of our new curriculum would create a lack of longitudinal data we could use for a growth model process right now. However,

Georgia is bringing its Student Information System on line and, in the future, would be interested in participating in a growth model trial.

Flexibility for sanctions: As the commission is aware, Georgia has some of the fastest- growing systems in the nation. There are counties in the metropolitan Atlanta area that are growing so fast they are opening new schools and immediately need trailers to handle overcrowding issues. Also, Georgia has a large rural population which means there are school districts that only have one school at each level.

We would respectfully ask that the U.S. Department of Education study providing flexibility for school systems regarding sanctions for schools in Needs Improvement by allowing the option of offering Supplemental Educational Services (tutoring) before the required School Choice consequence. This would allow our fast-growing systems to avoid overcrowding while still providing services to students who are in Needs

Improvement schools. It would also give our smaller systems an option for their students besides sending them to schools that may be very far away – perhaps in other counties.

14 The U.S. Department of Education has granted DeKalb County permission to offer tutoring before choice for this coming school year and we would be happy to report back to the commission on the success of this pilot.

Flexibility in the Highly Qualified Teacher provision: Special education teachers must have the flexibility and the time to become highly qualified under No Child Left

Behind. Many of our special education educators teach three, four or five subjects and they have followed the rules for getting certified in the past. It is unrealistic to expect them to become certified in each of these subject areas with limited time and resources. It is important that we are realistic and not legalistic about this part of the law.

Changes to how English Language Learners are counted as part of AYP: It can take students years to master English in a way so that they can meaningfully participate in regular state assessments, even with maximum accommodations. We would suggest the scores of ELL students on state assessments not be included in AYP AMO calculations for a longer period than one year, depending on the age of the student at the time of entry. The use of an alternate means of assessing the academic progress of ELL appropriately in all subjects including math is critical. Georgia’s growing ELL population and the inclusion of the scores of ELL in AYP after the 1st year in U.S. schools may provide an inaccurate assessment of progress for students and the English for Speakers of

Other Languages (ESOL) programs, as well as the school and the school system.

15 CLOSING

Overall, No Child Left Behind has had a positive impact on Georgia’s schools. It has provided focus in core areas and has created a routine of using data to drive decisions.

Certainly there are areas that have created challenges, but we continue to work with our school systems, our schools and with the federal government to meet these challenges.

I greatly admire the work that Secretary Margaret Spellings has done in the past few years to create responsible amounts of flexibility in No Child Left Behind while holding true to the letter and the spirit of the law. I would encourage her, the President and

Congress to continue to listen to the people “in the field” who are dealing with it every day in the classroom and the board room.

If NCLB is to retain its public support, it is important for the U.S. Department of

Education to continue to hone the AYP process so that it is identifying schools that are truly in need of improvement and only those schools.

On behalf of the Georgia Department of Education, Governor Sonny Perdue, the

Governor’s Office of Student Achievement, more than 100,000 Georgia teachers and 1.5 million Georgia public school students, I thank the Commission for their work.

Sincerely,

Kathy Cox, State Superintendent of Schools

16