If the school makes adequate yearly progress (AYP) the year following identification as a school in need of assistance (SINA), the school is said to be in delayed status and must continue to have an action plan for improvement.
If adequate yearly progress (AYP) is again made, the label of a “school in need of assistance” is removed. Any students who had chosen to attend another school in the district, however, may remain in their new school.
If a school does not make adequate yearly progress (AYP) for three years, the school remains as a school in need of assistance, and the district must continue to offer public school choice within the district to all students within the building. In addition, students from low-income families are eligible to receive supplemental educational services, such as tutoring or remedial classes, from a state-approved provider.
If the school fails to make adequate yearly progress for four years, the district must implement certain corrective actions to improve the schools in addition to the public school choice for all students in the building and supplemental educational services for low-income students. This may include implementing a new curriculum, replacing school staff members, or turning the operations over to a private company with a demonstrated record of effectiveness.
If a school fails to make adequate yearly progress for a fifth year, the school district must initiate plans for restructuring the school. This may include reopening the school as a charter school, replacing all or most of the school staff, or turning over the school operations to a private company with a demonstrated record of effectiveness.
In addition, students are eligible for school choice when they attend any “persistently dangerous school,” as defined by each state. Any child who has been the victim of a violent crime on the grounds of his or her school is also eligible for school choice.