{"id":354862,"date":"2016-04-04T11:01:41","date_gmt":"2016-04-04T16:01:41","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/education\/curriculum-standards-school-funding\/what-happens-when-a-school-fails-to-make-adequate-yearly-progress.html"},"modified":"2023-11-26T14:01:54","modified_gmt":"2023-11-26T19:01:54","slug":"what-happens-when-a-school-fails-to-make-adequate-yearly-progress","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/education\/curriculum-standards-school-funding\/what-happens-when-a-school-fails-to-make-adequate-yearly-progress.html","title":{"rendered":"What Happens When a School Fails To Make Adequate Yearly Progress Goals?"},"content":{"rendered":"\n
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What Happens When a School Fails To Make Adequate Yearly Progress Goals?<\/h1>\n
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\n By Jade Yeban, Esq.<\/a> | Legally reviewed by Susan Mills Richmond, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

The No Child Left Behind Act<\/a> (NCLB) was a key education law passed by Congress. This law aimed to close the achievement gap and set the stage for new laws. NCLB set expectations for all students to meet certain standards<\/a> by the end of each school year. The U.S. Department of Education monitored this progress. Schools had to show student progress or face certain consequences for failing to do so.<\/p>\r\n

The centerpiece of NCLB was to ensure that struggling schools constantly improved and to hold teachers and administrators accountable when they did not. Each state set goals for its schools to show improvement under NCLB. Standards included increasing the high school graduation rate or attendance<\/a> rates. They also included raising standardized test scores. The law required schools to make adequate yearly progress<\/a> (AYP) toward those goals.<\/p>\r\n

This article examines the consequences of failing to meet AYP.<\/p>\r\n

Failure To Meet AYP in the First and Second Year<\/h2>\r\n

The state’s accountability system flagged schools that failed to meet AYP goals for the first year. This means that the schools were seen as needing improvement. They were labeled as schools in need of improvement<\/a> or SINI. SINI schools had to develop a two-year improvement plan. Local education agencies had to provide help in developing and implementing this plan.<\/p>\r\n

Parents were then informed about the school’s status. Low-income students in these schools could receive supplemental services, like tutoring. If the same school failed to make AYP for the second year in a row, it remained on the "needs improvement" list. The school had to offer students a chance to transfer to high-quality schools.<\/p>\r\n

Students from low-income families were particularly targeted for assistance when a school was designated as needing improvement. They were allowed to transfer to other non-SINI public schools in the district. The district had to provide transportation for the students.<\/p>\r\n

Failure To Meet AYP in the Third Year<\/h2>\r\n

Schools that failed for three years faced tougher consequences. On top of offering transfers, these schools also had to provide extra services, like after-school programs. The federal government sets aside Title I funds<\/a> to support these education programs. It was hoped that with these added resources, student achievement would rise.<\/p>\r\n

Failure To Meet AYP in the Fourth Year<\/h2>\r\n

A school that failed to meet AYP for four consecutive years had to continue to offer parents a choice of schools to attend. They also had to offer students additional tutoring. They had to amend their improvement plans to include corrective actions. These actions could include replacing low-performing staff members or creating entirely new curricula. The aim was to boost student performance, especially for subgroups like special education<\/a> students or disadvantaged youth.<\/p>\r\n

Failure To Meet AYP in the Fifth Year<\/h2>\r\n

Drastic changes awaited any school with a failure to meet yearly progress in the fifth year. These school districts had to make plans to restructure the school. Options for restructuring included:<\/p>\r\n