K. LEA CORRECTIVE ACTION

K-1. What is corrective action as it applies to an LEA?

Corrective action is the collective name given to steps taken by an SEA that substantially and directly respond to serious instructional, managerial, and organizational problems in the LEA that jeopardize the likelihood that students will achieve proficiency in the core academic subjects of reading and mathematics. (See also K-6.)

K-2. What causes an LEA to be identified for corrective action?

The SEA must take corrective action if an LEA does not make adequate progress by the end of the second full school year it has been identified for improvement. However, because the healthy functioning of the LEA is so crucial to school and student academic success, the SEA may, at any time during the improvement process, identify an LEA for corrective action. §1116(c)(10)

K-3. Must the SEA provide prior notice and a hearing before it identifies an LEA for corrective action?

If State law provides for a notice and hearing, the SEA that identifies an LEA for corrective action must notify the LEA and provide it with a public hearing no later than 45 days following the SEA's decision. §1116(c)(10)(D)

K-4. Are there any circumstances under which the SEA can delay the implementation of corrective action in an LEA?

An SEA may choose to delay LEA identification for corrective action if the LEA makes AYP for one year. Otherwise, only extreme circumstances justify a delay, such as a natural disaster, precipitous and unforeseen decline in the financial resources of the LEA, or other exceptional or uncontrollable circumstances. In any case, if the SEA chooses to delay identification, it may do so for only one year and in subsequent years must apply appropriate sanctions as if the delay never occurred. §1116(c)(10)(F)

K-5. Must the SEA notify the public when an LEA is identified for corrective action?

Yes. When it identifies an LEA for corrective action, the SEA must follow the same notification process it used when identifying the LEA for improvement. (See J-3.) §1116(c)(10)(E)

K-6. What actions must the SEA take in an LEA that it identifies for corrective action?

If the SEA identifies an LEA for corrective action, the SEA must: (1) continue to ensure that the LEA is provided with technical assistance; and (2) take at least one of the following corrective actions, as consistent with State law:

• Defer programmatic funds or reduce administrative funds;
• Institute and fully implement a new curriculum based on State and local content and academic achievement standards that includes appropriate, scientifically research-based professional development for all relevant staff;
• Replace LEA personnel who are relevant to the inability of the LEA to make adequate progress;
• Remove individual schools from the jurisdiction of the LEA and arrange for their public governance and supervision;
• Appoint a receiver or trustee to administer the affairs of the LEA in place of the superintendent and school board; and/or
• Abolish or restructure the LEA.

In conjunction with at least one of the actions on this list, the SEA may also authorize parents to transfer their child from a school operated by the LEA to a higher-performing public school operated by another LEA that is not identified for improvement or corrective action. If it offers this option, the SEA must also provide transportation or provide for the cost of transportation to the other school. §1116(c)(10)(C)

K-7. How does an LEA exit from corrective action status?

An LEA may exit from corrective action status when it makes adequate progress for two consecutive years following its identification for corrective action.