Savvy school districts that have demonstrated what is known as "adequate yearly progress" (AYP) in reading and math can market online courses and other supplemental instructional services to underperforming schools, according to new rules proposed by the U.S. Department of Education (ED).

In the Aug. 6 Federal Register, ED published its long-awaited proposal for what states and school districts must do to comply with the No Child Left Behind Act (NCLB), President Bush's signature education reform law, which takes effect this fall.

Although these rules are not final, states and school districts can use this Notice of Proposed Rulemaking for guidance on how to begin retooling their existing data management and reporting systems to comply with strict new accountability measures.

The 245-page notice also more clearly defines what AYP and supplemental services mean. Schools that do not demonstrate AYP for two consecutive years must provide transfer options to students whose parents request them, and schools that don't meet AYP standards for three consecutive years must provide supplemental instructional services, such as after-school or online tutoring services, to students who need them.

Technology will be essential to implementing the requirements of NCLB, said John Bailey, director of ED's Office of Instructional Technology.

"It's almost impossible to enact [NCLB] without technology," Bailey said. "The only way [educators] can identify what schools are underperforming is [by] using a data warehousing solution."

NCLB requires states and school districts to use annual test scores, graduation rates, and other numeric indicators to measure their AYP, making the newly required statewide accountability systems invaluable.

"This is a good enough blueprint of the general direction [schools] need to head. It gives a little clarification," Bailey said of the notice. "Our attitude was that there should be no dramatic surprises. If there are any areas that have caught people off guard, this is their chance to weigh in."

State officials, educators, parents, and the general public have until Sept. 5 to submit comments and feedback on these proposed rules. Comments can be eMailed to Title1Rulemaking@ed.gov.

Raymond Yeagley, superintendent of the Rochester School District in New Hampshire, said state officials have been awaiting the release of this document to get more guidance on how to fit these high-stakes requirements into their state plans.

"Schools are going to have to start collecting and, more importantly, verifying very carefully all kinds of student data. There are now high stakes attached to the information in every state, not just a few," Yeagley said. "Incorrect data could, for example, place a school in the category of 'school in need of improvement,' which could ultimately result in loss of students to other schools and some financial implications for the school and district."