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New Jersey Department of Education
Policy Statement

Public School Choice and Supplemental Educational Services
Under No Child Left Behind

Background
The No Child Left Behind Act of 2001 (NCLB) §1116 requires Title I schools in their first year of school improvement status [two consecutive years of not making adequate yearly progress (AYP)] to offer parents the option to transfer their child to another school in the district that is not in improvement status or designated as “persistently dangerous.”  New Jersey has a large number of districts that cannot offer choice due to having only one school per grade span, no capacity, or no high-performing schools.  Consequently, many districts offer no parental options at Year 2 schools.  In New Jersey, we believe this does not meet the intent of NCLB: we believe that parents should have an option to help their children who attend low-performing schools have an academic opportunity to help close the achievement gap.

The United States Department of Education’s (USDE) Supplemental Educational Services Non-Regulatory Guidance encourages districts that cannot offer choice to offer parents supplemental educational services (SES) as an alternative.  The New Jersey Department of Education (NJDOE) is instituting stricter standards (as permitted by federal law) and requiring Title I districts to offer SES in Year 2 schools if choice is not an option and the district cannot build capacity for choice. 

The following supports this new requirement:

Policy Implementation
Districts that have a Year 2 school should offer school choice.  If choice is not feasible due to one of the following reasons, SES must be offered as an alternative option.

To implement SES, the district must do the following:

This policy is effective immediately and must be implemented by districts in the 2005-2006 school year. 

Resources
Sample letters may be found on the Title I Web site at www.nj.gov/njded/title1/accountability/sample/year3.doc.  Information and resources about SES, along with the federal guidance are posted on the Title I SES Web site at  www.nj.gov/njded/title1/program/ss/.

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