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STATE OF TENNESSEE

DEPARTMENT OF EDUCATION

PHIL BREDESEN 6th FLOOR, ANDREW JOHNSON TOWER LANA C. SEIVERS, Ed.D.

 GOVERNOR 710 JAMES ROBERTSON PARKWAY  COMMISSIONER

NASHVILLE, TN 37243-0375

PARENTAL NOTIFICATION UNDER NCLBA

Tennessee Department of Education

Office of Federal Programs

The No Child Left Behind Act (NCLBA) makes it clear that Congress expects schools receiving federal funds to ensure

that parents are actively involved and knowledgeable about their schools and their children's education. The law

requires schools to give parents many different kinds of information and notices in a uniform and understandable format

and to the extent practicable, in a language that the parents can understand. Listed below are some of these

requirements. (It includes only those notices that must be made to parents by school districts or individual public

schools.)

! Report cards on statewide academic assessment. No later than the beginning of the 2002-03 school year,

school districts that receive Title I funds must prepare and distribute to parents an annual district report card

showing the number and percentage of schools identified for school improvement; how long the schools have

been so identified; and how students achieved on a statewide academic assessment compared to students in the

state as a whole. For each school in the district, the report card must show whether the school has been

identified for school improvement and how the achievement of the school's students on the statewide

assessment and other indicators of adequate yearly progress compare to those in the district and the state as a

whole. 20 U.S.C. §6311(h)(2). For each school served under Title I, the district must determine and publicize

annually whether the school is making adequate yearly progress. 20 U.S.C. §6316(a)(1)(C). In Tennessee,

these requirements are met through our State's report card.

! Teacher qualification. At the beginning of each school year, a district that received Title I funds must notify

parents that they may request information about the professional qualifications of their children's classroom

teacher(s). If a parent requests the information, it must include at least whether the teacher has met state

qualifications and licensing criteria for the grade levels and subject areas taught; whether the teacher is

teaching under emergency or other provisional status; the baccalaureate degree major of the teacher and any

other graduate certification. The information must also disclose whether the child is provided services by

paraprofessionals, and if so, their qualifications. 20 U.S.C. §6311(h)(6). A Title I school must also give timely

notice that the parent's child has been assigned or has been taught for four or more consecutive weeks by a

teacher who is not highly qualified. 20 U.S.C. §6311(h)(6)(B); 20 U.S.C. §6312(c)(1)(N).

! Individual achievement on state assessment. A school that receives Title I funds must provide each parent

information on the achievement level of their child on each of the state academic assessments as soon as is

practicably possible after the test is taken. 20 U.S.C. §6311(h)(6)(B); 20 U.S.C. §6312(c)(1)(N).

! Limited English proficiency programs. A school district that uses federal funds to provide a language

instruction education program for children with limited English proficiency must no later than 30 days after the

beginning of the school year give the parent(s) of each child identified for participation or participating in such

a program the following information: why the child is placed in the program; the child's level of English

proficiency, how that level was determined and the status of the child's academic achievement; methods of

instruction in the program in which their child is placed and those of other available programs; how the

program will meet the educational needs of their child; how the program will help their child learn English and

meet the educational needs of academic achievement standards for grade promotion and graduation; the

specific exit requirements for the program; in the case of a child with a disability, how the program meets the

child's IEP objectives; and information about parental rights. For a child not identified as limited English

proficient prior to the beginning of the school year, the district must notify parents within the first two weeks

of the child being placed in such a program. 20 U.S.C.§6312(g); 20 U.S.C. §7012(a) - (d).

! Schools identified for improvement, corrective action or restructuring. A school district receiving Title I

funds must promptly notify parents of each student enrolled in an elementary or secondary school identified for

improvement, corrective action or restructuring that the school has been so identified, an explanation of what

the identification means, how the school compares in terms of academic achievement with other schools in the

district and in the state, the reasons for the identification, what the school is doing to address low achievement,

what the district and state will do to help the school, how the parents can become involved in addressing the

school's academic issues, and an explanation of the parents' option to transfer their child to another public

school or to obtain supplemental educational services for the child. If a school is subject to restructuring, the

district must promptly notify the teachers and parents and provide them an opportunity to comment before an

action is taken and to participate in developing any restructuring plan. 20 U.S.C. §6316(b)(6) - (8).

! Supplemental educational services. If a school fails to make adequate yearly progress according to certain

statutory timetables, the district must make supplemental educational services available to eligible children in

the school. The district must provide annual notice to parents of the availability of these services, the identity

of approved providers of these services and a brief description of the services, qualifications and demonstrated

effectiveness of each provider. 20 U.S.C. §631(e)(2).

! Parental involvement policy. A district receiving Title I funds and each school served under Title I must

jointly develop with and distribute to parents of children participating in Title I programs a written parental

involvement policy. If a school or district has a parental involvement policy that applies to all parents, it may

amend the policy to meet the requirements under the NCLB. Schools must hold at lease one annual meeting

for Title I parents; offer a flexible number of meetings; involve parents in an ongoing manner in the planning,

review and improvement of Title I programs; provide Title I parents with information about the programs, a

description and explanation of the curriculum, forms of academic assessment and if requested opportunities for

regular meetings to discuss the education of their children; and develop a school-parent compact that outlines

the responsibilities of each party for improved student academic achievement. 20 U.S.C. §6318(b), (c).

! Safe and drug-free schools programs. A district receiving safe and drug-free school program funds must

inform and involve parents in violence and drug prevention efforts. The district must make reasonable efforts

to inform parents of the content of safe and drug-free school programs and activities other than classroom

instruction. If a parent objects in writing, the district must withdraw the student from the program or activity.

20 U.S.C. §7116(b); 20 U.S.C. §7163.

! National Assessment of Education Progress. Districts, schools and students may voluntarily participate in

the National Assessment of Educational Progress. Parents of children selected to participate in any NAEP

assessment must be informed before the assessment is administered that their child may be excused from

participation for any reason, is not required to finish any assessment and is not required to answer any test

question. A district must make reasonable efforts to inform parents and the public about their right to access to

all assessment data (except personally identifiable information), questions and current assessment instruments.

20 U.S.C. §9010 (c)(1)(A), (d)(2).

! Military recruiter access to student information. Districts receiving federal education funds must notify

parents of secondary school students that they have a right to request their child's name, address and telephone

number not be released to a military recruiter without their prior written consent. Districts must comply with

any such requests. 20 U.S.C. §7908(a)(2).

! Homeless children. To be eligible for federal funds for programs assisting the education of homeless

children, a district must provide written notice to the parents of each child enrolled in a separate school for

homeless children of the choice of schools that homeless schools, and that homeless children must be provided

transportation services, educational services and meals through school meal programs comparable to those

offered to other children in the school attended. The notice must also include contact information for the local

liaison for homeless children and the state coordinator for education of homeless children. If the district sends

a homeless child to a school other that the school of origin or the school requested by the parent, the district

must proved the parents a written explanation for, including notice of the right to appeal, the decision. The

information must also be provided whenever a dispute arises over school selection. 42 U.S.C.

§11432(e)(3)(C), (E); 11432(g)(2)(B), (E).

! Student privacy. A district must develop and adopt policies regarding the rights of parents to inspect third

party surveys before they are distributed to students; measures to protect student privacy when surveys ask for

certain sensitive information; parental right to inspect any instructional materials; administration of physical

examinations or screening of students; collection, disclosure or sue of personal information from students for

the purpose of marketing or selling that information; and the parental right to inspect any instrument used to

collect personal information before it is distributed to students. Districts must give parents annual notice of an

adoption or continued use of such policies and within a reasonable period of time after any substantive change

in such policies. Districts must give parents annual notice at the beginning of the school year of the specific or

approximate dates during the school year when the following activities are scheduled or expected to be

scheduled: activities involving the collection, disclosure or use of personal student information for the purpose

of marketing or selling that information; administration of surveys containing request for certain types of

sensitive information; any non-emergency, invasive physical examination that is required as a condition of

attendance, administered by the school, scheduled in advance and not necessary to protect the immediate health

and safety of student. 20 U.S.C. §1232h(c)(2).

! Waiver request. If a school district requests the U.S. Secretary of Education to waive any provision or

regulation of the NCLB, it must provide notice and information about the waiver to the public in the manner in

which is customarily provides public notice. 20 U.S.C. §7861(b)(3) (B).

! 21st Century Community Learning Centers. A program or activity funded as part of a 21st Century

Community Learning Center providing before and after school activities to advance student academic

achievement must undergo periodic evaluation to assess its progress toward providing high quality

opportunities for academic enrichment. If a district provides such programs or activities, it must notify the

public that the results of any such evaluation are available upon request. 20 U.S.C. §7175(b)(2)(B).

! Schoolwide programs. A district must inform eligible schools and parents of schoolwide program authority

under which such schools may consolidate funds from federal, state and local sources to upgrade the entire

educational program of the school. The school must serve an eligible attendance area in which at least 40% of

 

the children in the area or enrolled in the school are from low-income families. 20 U.S.C. §6312(c)(1)(A).