My school is a Title 1 school under No Child Left Behind and did not make AYP (adequate yearly progress). The school says that we only have one school within the district, therefore no change of schools is required.
Why don’t I have the choice to go to another school? Where can I look for my rights?
Congress has reauthorized the Elementary and Secondary Education Act (ESEA), the statute formerly known as No Child Left Behind. The new statute, Every Student Succeeds Act, was signed into law by President Obama on December 10, 2015.
NCLB says Title 1 schools are supposed to make arrangements for kids to attend schools that are passing. Passing schools are those making their Adequate Yearly Progress (AYP) goals. This requirement still applies even if it means transferring to a school in a different district. NCLB says that all children in a failing school can choose to go to a non-failing school. If there is no other passing school in your district, you may choose a school in another district.
Sue Whitney Heath, co-author of Wrightslaw: No Child Left Behind, [OUT OF PRINT] explains the choices you have if your school is a Title 1 school and is failing to meet its AYP goals.
If your Title 1 School fails to meet its AYP goal for two consecutive years, all the children in the school may choose to attend a non-failing school in your school district. If all schools in your district fail, you may send your child to a school in another school district. Section 6316(b)(7)(C) (Wrightslaw: No Child Left Behind, p. 179)
If your Title 1 School fails to reach its AYP goal for three years, your school will provide supplemental services to the children remaining there. These supplemental services include tutoring, after-school programs, and summer school.
To learn more about your rights, including transferring from a school that does not make progress, read Sue’s “Parent’s Guide to NCLB.”
You’ll find answers to more of your questions about the law here: NCLB at Wrightslaw.
Today from Education News at http://www.ednews.org read more about what happened in the Houston Independent School District where about 15% of the schools failed to make adequate progress under NCLB in 2007, making about 17,500 students qualified to change schools.
Unfortunately, some Texas parents will have to wait until Oct. 8 — more than six weeks after the first day of school — to find out whether their children are entitled to transfer to a higher-performing campus under No Child Left Behind.
It’s not the first time the Texas Education Agency has failed to comply with the federal law’s requirement that parents be given notice in time to get their children out of failing schools before the first bell rings. Read more in Delay leaves students who want to transfer in limbo.