Office of Accountability

 TO:                Superintendent of LEAs with Identified Schools                        

FROM:            Ira Schwartz, Assistant Commissioner

DATE:            August 2011

SUBJECT:      Identification of Schools That Must Offer the Public School Choice Option in 2011–12

            All schools that receive Title I funds and are identified as Improvement (year 2), Corrective Action, or Restructuring in 2011–12 are required to offer public school choice to parents. Title I and Code of Federal Regulations (CFR) 34 – Education – Section 200.37(b)(4)(iv) and 200.44(a)(2) require that Local Educational Agencies (LEAs) notify parents of eligible students about public school choice options sufficiently in advance of, but no later than 14 calendar days before the start of the school year.
Attached are two enclosures to assist you in meeting this requirement. The first enclosure lists the schools that will need to continue offering school choice for the 2011–12 school year if they receive Title I funding in 2011–12. The first enclosure also lists those schools that need not continue to offer public school choice if the school makes Adequate Yearly Progress on the accountability measure(s) for which it is identified and becomes in Good Standing, or the school’s overall status becomes Improvement (year 1). The second enclosure lists the schools that will be in Improvement (year 2) if they fail to make AYP for the identified measure(s) in 2010–11 and must begin to offer public school choice in 2011–12 if they receive Title I funds.

For schools listed on Enclosure 1 & 2, LEAs are required to use the Preview Accountability and Overview Reports (preAORs), which will be available to authorized users on beginning August 10, 2011 and which will show the 2010–11 AYP determinations for districts and schools, as well as 2011–12 district accountability statuses, to determine whether parents must be notified of their public school choice options.  School differentiated accountability statuses can be determined by entering the AYP information from the school preAOR into the “DA Phase and Category Worksheet for 2011–12 Status” available at:

District and school leaders are advised to visit the aforementioned websites to determine their AYP determination for 2010–11 and their accountability status for 2011–12.  Parents must be notified 14 days prior to the start of the new school year of their right to public school choice within the LEA, if:

  1. the school(s) in Enclosure 1 makes AYP for the identified measure but is listed with a prospective status other than Good Standing under “Best Case” or “Worst Case”, or fails AYP for the identified measure
  2. the school(s) in Enclosure 2 fails AYP for the identified measure

The public school choice notification requirement will stand, unless the LEA informs SED that it will submit revised data that the LEA expects will result in the school making AYP for the identified measure(s) and/or the school will not receive Title I funds in 2011–12.  If a school in either of these situations plans to submit revised data, the LEA must inform SED of these anticipated changes using the form in Enclosure 3.  Completed forms should be faxed to (718) 722-4559 or sent via e-mail to: The enclosure 3 form can also be downloaded from:

Should you have any questions, please contact Dr. Lisa Long at (718) 722-4553 or email her at

We look forward to collaborating with schools and districts to ensure that all parents are informed of their right to public school choice.


John King
Ken Slentz
Ken Wagner
Roberto Reyes
Lisa Long

Enclosure 1 (74 KB)
Enclosure 2
(36 KB)
Enclosure 3
(37 KB)


Last Updated: August 17, 2011