BIE Flexibility RequestSummary of Key Provisions

Bureau of Indian Education U.S. Department of the Interior

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.

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).

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.

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.

Principles of the Waiver ApplicationBIE’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

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.

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.

BIE’s Differentiated Recognition System

Category Percentile Description Percentile Band

Reward-PerformingTop 5% 95%-100%

Reward-Progress

Performing Next 15% from Reward 80%-94%

Satisfactory Next 20% from Performing 60%-79%

Progressing20% between Satisfactory and Transitioning

40%-59%

Transitioning Next 20% from Focus 20%-39%

Focus-Needs Improvement

Next 15% from Priority 6%-19%

Priority-Turnaround Bottom 5% 1%-5%

BIE’s Accountability Indicators

IndicatorTotal

Weight

Component Weight

Grades Test/Measure

Test Participation

10%5% K-12

ReadingLanguage Arts

5% K-12 Math

Proficiency 40%20% K-12

ReadingLanguage Arts

20% K-12 Math

Progress (Growth)

40%20% K-12

ReadingLanguage Arts

20% K-12 Math

Attendance 10% 10% K-8 Rate

Graduation 10% 10% 9-12 Rate

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

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.

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

For further information, contact:Division of Performance and AccountabilityJeffrey Hamley, Associate Deputy Director

jeffrey.hamley@bie.eduABQ: (505) 563-5260, orWA/DC: (202) 208-4397

Interior and BIE websites for materials:http://www.bia.gov/WhoWeAre/AS-IA/Consultation/index.htm

and http://www.bie.edu

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