HB 3399 - MAKING AN INFORMED DECISION

HB 3399 directs the Oklahoma State Board of Education (OSBOE) to develop for use by school year 2016-17
a custom-fit academic standard written for Oklahoma. The bill, however, must direct which academic
standard shall be followed for the 2-year interim (2014-15 and 2015-16) while the new standard is being
developed
2 Interim Choices:
COMMON CORE STANDARD

HB 3399 would include language allowing the
OSBOE to select the standard. In 2010, educational
reforms were implemented by the Legislature
directing that beginning with school year 2014-15,
Oklahoma public schools must use the Common
Core Standards. The Common Core Standard is the
likely choice of the OSBOE.
PASS STANDARD

Oklahoma has in past years used the PASS
Standard. Under this option, HB 3399 would
include language directing Oklahomas public
schools to use the PASS Standard and not make the
impending switch to Common Core.
Advantage: Some parents and educators support
remaining with PASS. Respected researchers have
evaluated PASS Standards and deemed them of
comparable rigor to Common Core. The waiver
application allows adoption of any standards
deemed college and career ready by the states
institutions of higher ed., meaning that students
who meet the standards will not need remedial
college coursework (note: current Okla. statistics
do not indicate that PASS Standards have
decreased remediation). It is slightly possible, that
if PASS is found by Okla.s higher ed. institutions to
be college and career ready, Oklahomas waiver
may be renewed upon an amended renewal
application.

Disadvantage: THE LIKELY REALITY OF THIS
OPTION IS THAT OKLAHOMA WILL LOSE ITS
NCLB/ESEA WAIVER. Oklahoma receives $148
million in Title I fed. funds. If the waiver is lost,
many schools (those failing to meet adequate
yearly progress for 2 years or the equivalent under
the A-F Report Card) would each be required to set
aside 20% of Title I funds (est. total $27 million) to
provide supplemental educational services and for
some schools to facilitate transfers and transport
certain students to other schools.

Note: Waiver loss does not result in lost fed. funds,
but rather, the loss of flexibility of funds under
more restrictive federal guidelines. CONTACT
SCHOOL OFFICIALS FROM YOUR DISTRICT TO
DISCUSS LOSS OF WAIVER AND FLEXABILITY
OF 20% OF TITLE I FUNDS.
Advantage: MOST LIKELY TO ALLOW OK TO
RETAIN ITS NCLB/ESEA WAIVER. In 2011,
Oklahoma was awarded a waiver of certain
federal NCLB/ESEA requirements resulting in,
among other advantages, added spending
flexibility for federal funds. To keep this waiver,
Oklahomas standards must be deemed college
and career ready. Oklahomas initial waiver and
presently-submitted waiver renewal applications
tout that Common Core Standards (a standard
which for all practical purposes meets the waiver
pre-requisites) has been adopted for
implementation in Oklahoma. To retract this
course toward Common Core would almost
certainly derail Oklahomas NCLB/ESEA waiver
renewal for the next school year.

Note: Other waiver criteria failures could cause a
loss of Oklahomas waiver even if Common Core
Standards are adopted during the interim. For
example, the USDE recently revoked Washington
states (a politically blue state) waiver because of
deficiencies in its Teacher and Leader Effectiveness
evaluations law. Any legislation that relaxes
standards for reading sufficiency, A-F report cards,
etc. could result in a waiver loss.

Disadvantage: Many of your constituents may
have expressed opposition to Common Core.

Q&A

If we want the federal governments hand out of Oklahoma education, why would we consider adopting
Common Core for the interim?
The waiver is an exemption from certain federal mandates under the federal NCLB/ESEA law, thus, drastically
reducing the input of the federal government on education in Oklahoma. Among other benefits, the waiver unties
many of the strings attached to federal dollars and allows the SDE rather than the USDE to make the determination
of which schools are failing. Under the waiver, the SDE has identified 168 schools needing corrective action. If the
waiver is lost, the SDE estimates NCLB/ESEA guidelines would identify 1,672 of Oklahomas school sites as failing.

Isnt the process to revoke NCLB waivers a long process giving OK time to work out problems next session?
Not in this instance. According to the SDE, Oklahomas waiver expires at the end of the current school year. The SDE
submitted a waiver renewal request in April for the 2014-15 school year. The USDE could simply refuse to renew
the waiver for the next school year without any probationary period or lengthy revocation process.

Under NCLB, doesnt each school have two years after the waiver is revoked that it must fail to meet
Adequate Yearly Progress (AYP) before it must set aside Title I funds?
No, the AYP score is considered by the USDE on a rolling basis, even under the waiver. Therefore, as mentioned
previously, if the waiver were not renewed, those schools failing to meet AYP for school years 2012-2013 and 2013-
14 would be affected. The SDE estimates some 1,672 school sites would be affected.

Does the A-F Report Card identify exactly which schools in my district will be affected by the waiver loss?
No, loss of flexibility of Title I funds is based upon AYP. AYP and A-F Report Cards are based upon different
formulas. In the event the waiver is lost, the SDE will calculate the AYP for each school for the previous two years.

What other federal funds may be affected by the loss of the NCLB/ESEA waiver?
In addition to Title I funds, the waiver provides flexibility on spending for federal dollars from the following
programs: Small, Rural School Achievement (SRSA); Rural and Low Income School (RLIS) programs; 21
st
Century
Community Learning Centers; School Improvement Grants (SIG); and additional funding provided to the SDE for
administration of programs. Additionally, the waiver allows the SDE to transfer previously restricted funds between
certain federal programs. You should visit with the school officials in your district to determine how any school sites
may be affected by the loss of flexibility under these funding programs.

If the Common Core standard is chosen for the interim period, is Oklahoma guaranteed to keep its waiver?
Not necessarily. Oklahomas original waiver application touted educational reforms such as the Reading Sufficiency
Act (2011 Amendments); A-F Report Card System; Teacher and Leader Effectiveness Evaluation System (TLE);
Achieving Classroom Excellence (ACE) Graduation Requirements; implementation of a State Longitude Database
System; and Virtual Learning. Legislative changes which water down or alter the stringency of any of these
programs could also result in the loss of the waiver. Keep in mind that the USDEs granting of a waiver is not based
on objective qualifications, but rather is a subjective and very political process.

Didnt Oklahoma schools operate without the waiver prior to 2011?
Yes, Oklahoma received its waiver from certain requirements of NCLB/ESEA in 2011. However, the waiver program
was created because many states feared they would not be able to meet the future standards of NCLB/ESEA as law
increases its standards over time. Beginning with the year 2013-14, the standards for proficiency of students must
be met by 100% of students, where previously that percentage was much lower. If the waiver is lost, Oklahoma will
be reverting to a much more stringent NCLB/ESEA.

If Oklahoma loses its waiver, will schools still be graded on the A-F Report Card system?
Yes, under current Oklahoma law, schools will still receive an A-F Report Card grade. In addition, schools will
receive an AYP score to comply with NCLB/ESEA. It is true that under the waiver, the A-F Report Card system
replaces the need to give each school site an AYP score.

If the Oklahoma institutions for higher education certify PASS as college and career ready, can we adopt
PASS for the interim and still save our waiver?
This is a gray area in which the waiver cannot be guaranteed. While technically, the waiver program allows states
to adopt standards approved and certified by the states network of higher education institutions as college and
career ready, saving the waiver by this route is uncertain. Oklahoma must immediately inform the USDE of any
legislative changes which alter the waiver renewal request. Previous applications have included Common Core as a
reform worthy of the waiver. The USDEs very political and subjective process may refuse the waiver renewal
viewing this as a rubber-stamp certification which contradict previous reforms to move away from PASS.