1. Status of ESEA, IDEA, Perkins, AEFLA and WIA Reauthorizations Leigh Manasevit, Esq. lmanasevit@bruman.com Michael Brustein, Esq. mbrustein@bruman.com Brustein & Manasevit, PLLC Fall Forum 2012

2. ESEA… This Law Failed, So Change it, Maybe? Without Reauthorization? Brustein & Manasevit, PLLC 2

3. Wheres Waldo? Mentions of NCLB are going, going… Brustein & Manasevit, PLLC 3

4. …gone. 4Brustein & Manasevit, PLLC

5. Education Committees House Education & Workforce Chairman John Kline (R-MN) Ranking Member George Miller (D-CA) Senate HELP Committee Chairman Tom Harkin (D-IA) Ranking Member Michael Enzi (R-WY) to Lamar Alexander(R-TN) Brustein & Manasevit, PLLC5

6. Reauthorization Under Obama White House and Duncan Department of Education Race to the Top (RTT) Began with ARRA Virtually no Congressional direction 6

7. Race to the Top (RTT) State: 3 Phases Lengthy applications – hundreds of pages Over 40 items for scoring 7

8. RTT – State Priorities Educational Reform Stakeholder Support Raising Achievement Closing GAP Common Standards – High Quality Assessments 8

9. RTT – State Priorities (cont.) Improved Data Teacher and Principal Effectiveness - Achievement Lowest Achieving Schools Charters and Other Innovative Schools 9

10. School Improvement Grants (SIG) 1003g Existed as small program before ARRA (Since NCLB) Statute is 1.25 pages long – – Directs use of funds for lowest achieving schools 10

11. SIG 1003g After ARRA… – Nearly 90 pages of guidance – Mandatory definitions for school eligibility Persistently lowest achieving schools Tiers 1-3 11

12. SIG 1003g 4 mandatory turnaround models – Turnaround – Restart – Closure – Transformation (Emphasis on High School graduation) 12

13. SIG 1003g Flexibility on Basic Title I Requirements – Schoolwide – Title I Eligible 13

14. FAUX REAUTHORIZATION: WAIVERS 14

15. June 28, 2011 Congressional Research Service (CRS) Report on Secretary of Educations Waiver Authority 1.ED has the authority to waive accountability provisions of Title I, Part A 2.It is unclear if Secretary can condition a waiver on other action(s) not required by law 15

16. ESEA Flexibility September 23, 2011 10 provisions subject to waiver – all or nothing 1.2013-2014 timeline 2.School improvement consequences 16

17. ESEA Flexibility September 23, 2011 3.LEA improvement identification 4.Rural LEAs 5.Schoolwide 17

18. Waivers 6.School Improvement 7.Reward Schools 8.HQT Improvement Plans 9.Transferability 10. SIG 18

19. Waivers Optional #11 – 21 st Century Community Learning Centers 19

20. New Waiver #12 No AYP determination for LEAs or Schools 20

21. New Waiver #13 LEA may serve Title I eligible priority high school with graduation rate under 60% without regard for rank and serve??? 21

22. New Waiver Not Numbered 11-12 assessment use 10-11 AMOs For waiver intent 22

23. RTT Local Competition Proposal Released June 7, 2012 Letter to Secretary Duncan by National Governors Association, Council of Chief State School Officers, National Association of State Boards of Education – States have the primary responsibility for educating their students… June 8, 2012 letter to Secretary Duncan National School Boards Association – SEAs have formal and extensive education expertise and missions, but they are not responsible for delivering educational services at the local level. Education is provided by local school districts… 23

24. ED Opens RTT to Districts, Groups of Districts 116 page application Minimum 2000 students (less than ½ US Districts) Can band together Nearly 900 intend to apply 24

25. RTT-D Executive Summary (22 pages) FAQs (50+ pages) 25

26. 26 House Chairman Klines small bills Eliminating some federal education programs (passed Committee) Promoting Charter expansion and replication (passed) Only one of these bills with bipartisan support Increasing funding flexibility (passed Committee) Student Success Act, H.R. 3989 Passed Committee on February 28, 2012 Encouraging Innovation and Effective Teachers Act, H.R. 3990 Passed Committee on February 28, 2012

27. A Bill That Will Not Become Law But May Influence the Debate Chairman Kline Flexibility Bill (H.R. 2445) (passed committee July 13, 2011) State and Local Funding Flexibility Act Creates essentially unlimited transferability Unlikely to become law However all reauthorizations add some flexibility. - NCLB – ED Flex – Transferability – State Flex, Local Flex 27

28. Student Success Act (H.R. 3989) and Encouraging Innovation and Effective Teachers Act (H.R. 3990) Eliminates AYP – Returns responsibility to States Eliminates mandatory interventions Retains SEA/LEA Report Cards Allows Greater Transferability Removes MOE Eliminates 40% threshold for SW Requires teacher and principal evaluations with student achievement as significant factor 28

29. The Harkin Bill: Key Changes No more AYP or 100% proficiency goal – State-designed assessments and accountability systems No longer label schools passing or in need of improvement – Federally mandated focus on bottom 5% of schools Codifies Race to the Top, Invest in Innovation 29

30. Harkin Bill: Conflict and Quick Capitulation …er… Resolution with Teachers 1 st Draft conditioned Title II funding on implementation of teacher/principal evaluations Unions and others came out strongly against this provision Original draft modified to make evaluations suggested, but not required 30

31. Status of IDEA Reauthorization No action but overdue 31

32. Status of Carl Perkins CTE Reauthorization

33. Vocational Education Act of 1963 P.L. 88-210 (Pioneer of State Administered Programs ) Sole state agency concepts State Plan / Local Plan Carrot / stick Affirmative Action 33

34. Amendments 34 19681976 1984 Perkins I 1990 Perkins II 1998 Perkins III 2006 Perkins IV

35. Authorized through FY 2012 Section 422 of GEPA – Contingent extensions of programs 35

36. Projected Time Table? Not likely to be reauthorized in 2013 If reauthorized in 2014 transition year would be 2015 36

37. Common Fears! Folded into ESEANO! Eliminate federal support for secondary CTE NO! Moved to DOL NO! 37

38. Administrations CTE Blueprint Alignment Collaboration Accountability Innovation 38 See Overview of the Existing Perkins Act and Proposed Reforms

39. CTE Community Opposes Shift from formula to competition Secondary/postsecondary consortia Required match from business 39

40. STATUS OF AEFLA REAUTHORIZATION 40

41. Workforce Investment Act of 1998 Title II AEFLA Authorized through 2003 Augmented DOL role? 41

42. AEFLA Is Noncontroversial Delay due to WIA issues EL Civics folded in Contingent extension Multiple year funding Federal awards not bifurcated 42

43. STATUS OF WIA REAUTHORIZATION 43

44. Authorized through 2003 Last five Congresses tried but failed to reauthorize 44

45. ETA/DOL has issued so many waivers that original laws structure is not in place 45

46. Most significant stumbling block… …role of faith based providers 46

47. Changes Agreeable to Both Parties: Streamlined State and Local WIBs More private industry/business control Simpler and less onerous accountability and data Authority for One-Stops to contract out services 47

48. Changes Not Agreeable to Both Parties Consolidation of Funding Streams Eliminate Title III - Wagner-Peyser Act Reduction of $ for In-School Youth Role of Faith-Based Providers 48

49. 49 Disclaimer This presentation is intended solely to provide general information and does not constitute legal advice. Attendance at the presentation or later review of these printed materials does not create an attorney-client relationship with Brustein & Manasevit, PLLC. You should not take any action based upon any information in this presentation without first consulting legal counsel familiar with your particular circumstances.