When new legislation passes, PSBA is seen as the leader in analyzing it and helping members make sense of it.

NCLB Update:
Parent and public notifications requirements

By Sharon E. Fissel, PSBA director of policy services; and Pamela M. Price, PSBA director of board development services

The No Child Left Behind Act contains more than 30 parent and public notifications that school entities may be required to provide, based on the programs operated, the type of federal funds received and the status regarding adequate yearly progress. However, some notice requirements will have an impact on all school entities. Developing, distributing and documenting required notices will create a time-consuming paper trail, but this must be done to ensure compliance with federal and state laws, and continuance of federal funding.

The actual notices and the related policies will document compliance. However, schools may consider developing and distributing an acknowledgment of receipt of the information, to be signed by parents and retained by the school.

Many of the notifications must be given to all parents in the school community, while others apply only to parents of students participating in specific programs or attending Title I schools. Certain notices are mandated only for schools that have been identified for improvement because they have not been meeting adequate yearly progress. The majority of notifications must be given annually at the beginning of the school year.

Required notices can be distributed through the school entity's student handbooks, activity calendar or newsletter. A group of notices can be distributed as a packet at the beginning of the school year. Notices relative to specific programs will be mailed to eligible parents. The media can be used to publicize required public notices. After distribution to parents and the public, the information can be posted on the school entity's Web site for reference.

The NCLB Act states that all required notifications must be in a uniform format. They also should be clear and concise, with no acronyms or educational jargon. If your school community contains a large population of parents who do not speak English, you should consider developing notifications in the major languages, perhaps adding an additional language each year.

A list of required parent and public notifications is provided on p. 25 to assist school entities in complying with the notification requirements of the NCLB Act. The list is not comprehensive regarding all parent and public notifications that school entities must distribute under federal and state laws.

NCLB -- General notification requirements

  1. Policy on parents' right to inspect instructional materials, excluding tests.
  2. Policy on administration of nonemergency, invasive physical examinations and screenings, and the list of scheduled dates.
  3. Policy on parents' right to inspect surveys administered by the school and to opt-out students, and the list of scheduled dates.
  4. Policy on collection, disclosure and use of personal student information for marketing purposes; parents' right to inspect survey instrument and to opt-out students; and the list of scheduled dates.
  5. Military recruiter access to student information, and the parent's right to request prior written permission.
  6. Report cards for school districts and individual schools.
  7. Individual student achievement level on state assessments.
  8. Parents' and public's right to review assessment instruments and data, except personally identifiable information.
  9. Title I Parent Involvement Policy and program.
  10. Parent's right to request the qualifications of student's classroom teachers in Title I schools.
  11. Notice to parents of students being taught for four
    or more consecutive weeks by a teacher who is not highly qualified.
  12. Parent's right to request the qualifications of paraprofessionals performing instructional duties for student in Title I schools.
  13. Limited English Proficiency Program and student's placement.
  14. Migrant Education Program and student's placement.
  15. Homeless Education Program and student's placement.
  16. Notice of school designated as "persistently dangerous," and students' right to transfer to another school in the district.
  17. Individual student's right to transfer to another school in the district when a victim of a violent crime on school grounds.
  18. Notice of selection for National Assessment of Educational Progress and parent's right to opt out student.

NCLB -- Notification requirements for specific programs/funding

  1. Violence and drug prevention programs and activities
  2. Voluntary school choice program
  3. Evaluation of 21st Century programs and activities provided by district
  4. NCLB Act waiver requests to U. S. Department of Education
  5. Terms of local flexibility agreement with U.S. Department of Education under which school consolidates funds

NCLB -- Notifications for schools identified for improvement

  1. Identified for Improvement status
  2. Identified for Improvement school choice options
  3. Supplemental Education Services availability and providers
  4. Corrective Action status and plan
  5. Restructuring status and plan

Requirements of other federal and state laws

  1. Family Educational Rights and Privacy Act -- federal
  2. Individuals With Disabilities Education Act/Child Find -- federal
  3. Integrated Pest Management -- state
  4. Children's Health Insurance Programs -- state