1. BIE Flexibility Request Summary of Key Provisions Bureau of Indian Education U.S. Department of the Interior

2. No Child Left Behind (NCLB) NCLB is the 2001 Reauthorization of the Elementary and Secondary Education Act (ESEA). Established school accountability systems based primarily on state standard assessments. Reading/Language Arts and Math were emphasized. Required all students to meet rigorous testing targets in these subject areas including sub-groups. Set 2014 for 100% student proficiency in Reading/Language Arts and Math.

3. Challenges for BIE under NCLB The BIE convened a Negotiated Rulemaking Committee to decide how to implement NCLB. Negotiated Rulemaking determined that the BIE should use the academic content standards, assessment, and accountability criteria of the state where the school is located. Effectively, the BIE has 23 definitions of Adequate Yearly Progress (AYP).

4. Reauthorization? ESEA reauthorization is now 5 years overdue The NCLB AYP system is no longer working. Secretary of Education Duncan has made “flexibility waivers” available to the states. 18 of 23 states where BIE funds schools have applied for or received flexibility. The BIE accountability system applies to 182 educational programs. The BIE will apply for flexibility to change its system.

5. BIE’s Waiver Overview BIE intends to apply for a flexibility waiver. But first, the BIE must amend 25 CFR 30.104(a), which requires the use of the 23 state accountability systems’. The BIE will implement a single, bureau-wide accountability system instead. The BIE seeks feedback from tribal leaders on amending 25 CFR and on implementing a unitary accountability system.

6. Principles of the Waiver Application BIE’s Flexibility Request demonstrates how it will use this flexibility to implement the following principles: Principle 1: College- and career-ready expectations for all student Principle 2: State-developed differentiated recognition, accountability, and support Principle 3: Support for effective instruction and leadership

7. Principle 1: Standards and Assessments Implement the Common Core Standards for reading and math. Move to a single assessment for all BIE-funded schools. Assess 3 times per year. Full implementation by SY2014-2015.

8. Principle 2: Accountability New “Accountability Index” scoring system. - Participation on assessment – Proficiency on Math and Reading – Progress on Math and Reading (Growth Model) – Attendance and Graduation Rates – Balance among the Indicators on the AI Reset the “Annual Measurable Objectives.” Create a new set of school improvement status categories: Reward, Focus, and Priority.

9. BIE’s Differentiated Recognition System CategoryPercentile DescriptionPercentile Band Reward-Performing Top 5%95%-100% Reward-Progress PerformingNext 15% from Reward80%-94% SatisfactoryNext 20% from Performing60%-79% Progressing 20% between Satisfactory and Transitioning 40%-59% TransitioningNext 20% from Focus20%-39% Focus-Needs Improvement Next 15% from Priority6%-19% Priority-TurnaroundBottom 5%1%-5%

10. BIE’s Accountability Indicators Indicator Total Weight Component Weight Grades Test/Measure Test Participation 10% 5%K-12 Reading Language Arts 5%K-12 Math Proficiency40% 20%K-12 Reading Language Arts 20%K-12 Math Progress (Growth ) 40% 20%K-12 Reading Language Arts 20%K-12 Math Attendance10% K-8 Rate Graduation10% 9-12 Rate

11. Principle 3: Teachers and Principals Develop measures of educator performance based in part on student achievement – Requires changes of Interior policy to make work – Requires cooperation with Tribally-Controlled schools – Is not currently part of the waiver application Provide support to schools based on their achievement levels – Use of test scores – Use of Native Star

12. Benefits from the Flexibility Student achievement becomes the focus. Accountability determinations will be more reflective of school performance. Unification of accountability system will level the playing field for all BIE schools. The accountability system will be less punitive. Alignment of resources will allow BIE to provide better Technical Assistance and Professional Development to schools.

13. Concluding Thoughts Waiver is opportunity to effect significant reforms in BIE-funded schools, consistent with national reform movement. Most significant reform is unitary accountability system across all BIE-funded schools in 23 states, consisting of: - Common Core Standards - Common assessments - Common accountability methodology

14. For further information, contact: Division of Performance and Accountability Jeffrey Hamley, Associate Deputy Director jeffrey.hamley@bie.edu ABQ: (505) 563-5260, or WA/DC: (202) 208-4397 Interior and BIE websites for materials: http://www.bia.gov/WhoWeAre/AS-IA/Consultation/index.htm and http://www.bie.eduhttp://www.bie.edu www.minneapoliselo.com