As part of the CAPA (Collaborative Assessment for Planning and Achievement) process, the DOE has begun a review of "low-performing" Abbott schools and Title I schools identified for "corrective action" under the No Child Left Behind Act (NCLB). ELC has examined the CAPA protocol and implementation process and has found three broad areas of apparent noncompliance with the requirements of Abbott and NCLB. These areas are identified in a letter sent to Assistant Commissioners Gordon MacInnes (Abbott Division) and Isaac Bryant (Title I). The areas of concern identified by ELC include:

• The exclusion from the CAPA protocol of evaluation of (1) the adequacy of supplemental services to meet student needs; (2) the implementation and effectiveness of WSR models; and (3) the effectiveness of DOE in its support of the school and in its role in improving student achievement;
• The lack of public notification and parental involvement in the intervention process; and
• The lack of a plan for integrating the CAPA findings into school improvement plans and budgets given how late in the school year the process is taking place.

ELC is asking the Assistant Commissioners to convene a meeting to address the issues raised in the letter. According to Elizabeth Athos, Senior Attorney, "The issues outlined in the letter strike at the heart of the CAPA process and deeply affect its potential for being an effective and efficient tool for achieving educational improvement."

"We are especially troubled by the failure of DOE to ensure full parent participation in the process so that stakeholders are ready to hold DOE and the schools accountable for following through on identified corrective actions," Ms. Athos added.

Prepared: April 11, 2005