Two of three middle schools failed to meet federal standards,
giving parents the right to demand a transfer
Gilroy – Parents unhappy with the state of affairs at Brownell or South Valley middle schools have a way out: request a transfer.

The two middle schools did not meet federal standards for improvement, thus failing to crawl out of the Program Improvement foxhole, according to last week’s release of the 2005-06 Adequate Yearly Progress report. So that means parents may petition to have their children sent to Ascencion Solorsano, Gilroy’s sole non-PI middle school.

And guess what? Even if there’s no space in the school – Solorsano already has an enrollment of nearly 800, the highest among local middle schools – the district has to make room. The capacity excuse doesn’t work with the feds. Districts must find a way to honor the transfer request, even if that means leasing additional portables.

“Simply saying we’re full isn’t enough,” said Camille Maben, director of school and district accountability for the California Department of Education.

A district official recently explained that about 100 parents of current or potential Brownell and South Valley students petitioned for transfers to the district’s newest middle school this year after receiving letters about the sites’ PI status, yet only 38 were admitted due to lack of space.

But Martha Martinez, after hearing that explanation, denied that a capacity cap kept those kids out.

“It’s about resources,” said the GUSD administrator of state and federal programs.

Once a school is labeled a PI site, the district must set aside 20 percent of Title 1 cash to fund supplemental services, such as tutoring, and to pay for transportation. The district must supply free transportation to students who use the PI services.

To cover other costs associated with PI, such as the impact on school sites, the district may use a portion of its leftover Title 1 money or dig into its general funds, Maben said. If the district finds itself short on cash, the law says you must give priority to low-achieving kids from low-income families.

“That makes sense if the district is saying we’ve used all of our 20 percent,” Maben said.

And that’s exactly what GUSD did. The district drained the PI coffers and the 38 students admitted to Solorsano fell into the low-income, low-achieving category, Martinez said.

Underfunded Legislation?

One of the major beefs voiced by educators and state officials is that No Child Left Behind lays down laws, such as the PI requirement, but doesn’t provide adequate resources to enforce it.

“No Child Left Behind is an insufficiently funded mandate,” said Wendy Harris, California Department of Education spokeswoman. “I don’t know how schools are supposed to find this money when we are already so strapped.”

But proponents of the legislation point out that regulations, like PI transfer rights, are the heart of No Child Left Behind. And that the intent of the law, signed by President Bush in 2002, is to ensure that students don’t receive an inferior education because they’re forced to attend a low performing school.

Also, when it comes to the Adequate Yearly Progress report, the two governmental entities clash. While the state uses the Academic Performance Index to measure achievement, the federal government insists on AYP.

Scoring confusion

If student groups, such as English learners, fail to meet participation and proficiency targets in English and math, the school will not make AYP. That’s why while Brownell and South Valley middle schools’ API scores grew by 25 and 23 points respectively, the two still failed to make AYP.

Rucker Elementary, which increased its API by 22 points and Gilroy High, which added 10 points to its API score, are also in the same boat. Rucker and GHS just entered their first year in PI. Eliot Elementary School is the only PI school that instead of increasing its API score, dipped five points.

State schools chief Jack O’Connell, who recently said maintaining two accountability systems is “clearly confusing and often counterproductive,” is pushing for a move to one student measurement.

But for now, the local school district must abide by federal requirements.

No alternative to ghs

Parents of students who were set to enter Brownell and South Valley as sixth-graders this year received letters in the spring explaining their right to transfer to a non-PI school. The district will begin sending out letters with the same information to parents of students attending Rucker and Eliot elementary schools.

Gilroy High School also failed to make AYP, but because there are no other high schools in the district, an alternative site to send students

doesn’t exist.

District officials and school principals met Friday to discuss the other elements they must follow now that South Valley and Brownell just entered into their third and second year, respectively, in PI.

Under No Child Left Behind, once the school begins its second year in the improvement program, the district must provide supplemental educational services. Last year those services, which may include on or off-site tutoring, were only offered to South Valley students because no other schools were in their second year in PI.

Drastic measures ahead?

Now, Brownell has been added to the list. Earlier this week, district officials met with an outside consulting firm to begin developing a school plan, Martinez said.

Now that South Valley is in year three of PI, the district must choose from a list of “corrective action” options. Those options include, replacing school staff, implementing new curriculum, decreasing management authority at school sites, appointing outside experts, extending the school day or year or restructuring the internal organization of the school.

If South Valley doesn’t exit PI next year, the measures are even more drastic. The site will have to prepare for an alternative form of school governance which may mean reopening as a charter, replacing all staff including the principal, contracting an outside management entity, state takeover or other major restructuring.

The plan is then enacted in year five. But John Perales, who just began his second year as South Valley principal, is confident his school won’t end up in the four-year slot.

“I believe we’re on the right track,” he said. “I know that we can move out of PI.”

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