1. Where Congress Stands on ESEA and IDEA Reauthorization Leigh Manasevit, Esq. Brustein & Manasevit, PLLC Spring Forum 2011 lmanasevit@bruman.com

2. ESEA Reauthorization 2

3. 110 th Congress: Second Session: ESEA Reauthorization 3

4. ESEA Background President Johnsons legacy: The War on Poverty, announced on January 8, 1964 Original Elementary and Secondary Education Act (ESEA) was signed into law by President Johnson in 1965 ESEA in 1965 = 32 pages NCLB of 2001 = 670 pages 4

5. ESEA Reauthorization: 2007, ouch! House Draft Bill imploded for many reasons Urgency prior to 2008 elections Complexity of House Discussion Draft identification schema Complexity of House Discussion Draft intervention schema Union antagonism toward teacher effectiveness provisions Gone is the post 9/11 partisan moment. Strange bedfellows are, again, strangers. 5

6. ESEA Reauthorization: Two Four Years Later Evolution of data systems and growth models Progress (some) with school turnaround Change in union leadership and strategy – Better relationships under Secretary Duncan? Democratic/Republican majorities – Healthcare outcome? 6

7. ESEA Reauthorization Timeline NCLB Jan 2001 to Jan 2002 7

8. ESEA Reauthorization: Recovery Act and current ESEA Structure In addition to program changes, there may be fiscal changes Reexamine comparability Reconsider the fundamental structure of federal fiscal support - Formula vs. Competitive Is the 1965 ESEA model appropriate to the contemporary education reform focus? 8

9. ESEA Reauthorization: Congressional Strategy Original architects, particularly George Miller (D- CA) remain central Vulnerable Democrats are strategic Newly elected Republicans looking to introduce conservative principles Success of Race to the Top Recovery Act accountability fatigue Inverse relation to Health Care? 9

10. ESEA Reauthorization: Congressional Strategy Republican strategy Returning to federalist roots? House Committee on Education and Labor Ranking Member Representative John P. Kline (MN) - Now Chair "I'm not looking to tweak No Child Left Behind," Kline said. "As far as I'm concerned, we ought to go in and look at the whole thing." (Nick Anderson, GOP Leaving No Child Behind, Washington Post, July 13, 2009) 10

11. 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) 11

12. Senate Senator Harkin – draft by Easter? Wants 1 big bill 12

13. House No official timeframe Hearings started February: overview March: regulations 6-8 months possible Will approach 12 election year Chairman Kline – possible numerous small bills 13

14. White House President Obama, Secretary Duncan: Reauthorization this year Chairman Kline: Cannot allow an arbitrary deadline to undermine quality reforms 14

15. Battles Formulas, especially Title I, Title III RTT and other competitive programs Republicans dont like broad agency discretion, but do like the idea of locally-driven reform Level of Federal engagement and funding generally Accountability 15

16. Battles Vouchers Will definitely be in play Unlikely to be part of Reauthorization Bill But general discussion of school choice will play an important role 16

17. Statement of Principles to Fix the ESEA Issued by 10 moderate Senate Democrats and Independent Joseph Lieberman Increase local flexibility Higher standards but more flexibility to meet them Consolidate programs Spur innovation Scale up success Reward success NCLB did not reward growth Transparency and Equity Better Reporting 17

18. 1. Growth Model 2. Support SIG 4 models Transformation Restart Close Turnaround 3. Teachers and Leaders Improve pathways to classroom Evaluate teacher prep by how graduates do 4. Innovations Support RTT, Investing in Innovation (i3), and high quality Charters 5. Close the comparability loophole 18 Statement of Principles to Fix the ESEA Issued by 10 moderate Senate Democrats and Independent Joseph Lieberman

19. Sen. Michael Bennet (D-CO) Sen. Kay Hagan (D-NC) Sen. Mark Begich (D-AK) Sen. Thomas Carper (D-DE) Sen. Chris Coons (D-DE) Sen. Diane Feinstein (D-CA) Sen. Herb Kohl (D-WI) Sen. Mary Landrieu (D-LA) Sen. Joe Manchin (D-WV) Sen. Mark Warner (D-VA) Sen. Joseph Lieberman (I-CT) (caucuses with Democrats) 19 Statement of Principles to Fix the ESEA Issued by 10 moderate Senate Democrats and Independent Joseph Lieberman

20. Secretary Duncans Blueprint http://www2.ed.gov/policy/elsec/leg/blu eprint/blueprint.pdf 20

21. A Blueprint for Reform - 7 Sections 1. College Career Ready Students 2. Great Teachers and Great Learners 3. Meeting the Needs of Diverse Learners 4. A Complete Education 5. Successful, Safe, and Healthy Students 6. Fostering Innovation and Excellence 7. Additional Cross Cutting Priorities 21

22. Blueprint 1. College Career Ready Students Revise standards to align with college career readiness Evaluate schools – differential interventions 2. Great Teachers/Great Leaders Statewide (new) definitions HQT but less emphasis on credentials More on student achievement 22

23. Blueprint 3. English Language Learners and Other Diverse Learners More SWD integration to regular program Bilingual education 4. A Complete Education – A New Approach Literacy STEM Common State Standards 23

24. Blueprint 5. Successful, Safe, Healthy Students Promise neighborhoods Community services Family support Community-wide needs assessment 24

25. Blueprint 6. Innovation and Excellence Expanded options Charters Autonomous public schools 7. Additional Cross-Cutting Priorities Flexibility for success???? 25

26. Possible Changes – GAO Report Comparability Elementary and Secondary Education Act: Potential Effects of Changing Comparability Requirements. GAO- 11-258, January 28. http://www.gao.gov/products/GAO-11-258 26

27. Possible Changes – GAO Report Reviewed 3 States, 3 Districts in each 27

28. General Rule- §1120A(c) An LEA may receive Title I Part A funds only if it uses state and local funds to provide services in Title I schools that, taken as a whole, are at least comparable to the services provided in non-Title I schools. If all are Title I schools, all must be substantially comparable 28

29. GAO Report - Possible Changes Districts commonly use student – teacher ratios – but other factors drive resource allocation Weakness in oversight by States 29

30. GAO Report - Possible Changes Changes in requirements would drive more $ to some Title I schools – but difficult to implement Challenges: Union contracts Teacher seniority rights 30

31. GAO Report - Possible Changes Use of per pupil expenditures by school 31

32. Race to the Top Highly Competitive Focus on low(est) performing schools Highly structured and detailed Incentives ($) to implement ED priorities Secretary Duncan specifically defended the 4 SIG turnaround models RTT coordinated with SIG 32

33. Race to the Top Eligibility Requirements No bar to linking teacher and principal evaluation to student achievement (absolute) No barriers to Charter Schools (competitive) 33

34. School Improvement Grants SIG-1003g 2 pages in the Law – Section 1003g Historically not well funded ARRA provided $3 billion Secretary Duncan issued 86 page guidance document February 2011 http://www2.ed.gov/programs/sif/sigguidance0223 2011.pdf 34

35. SIG-1003g Very prescriptive 3 tiers of schools 4 intervention models – Secretary Duncan defends 4 models SASA team reviews for 2011 to focus only on SIG 35

36. SIG-RTT Common Elements Whole school approach All students All staff: including principals Focus on lowest performing schools Intense embedded PD 36

37. Other Reauthorization Issues AYP – Admin – Scrap and Replace With college and career readiness Benchmark - certainly move to growth model 37

38. Other Reauthorization Issues Failure to make AYP Center for Education Policy Study http://www.cep- dc.org/cfcontent_file.cfm?Attachment=Usher_FourYear sAYPTrends_121610.pdfhttp://www.cep- dc.org/cfcontent_file.cfm?Attachment=Usher_FourYear sAYPTrends_121610.pdf Districts Failing AYP 2006 29% 2009 36% Schools Failing AYP 2006 29% 2009 33% 2013- 2014 SY 100% proficient: Required Causing sharp increases in target levels 38

39. Secretary Duncan: 82% of schools could fail AYP this year (10-11) 39 Other Reauthorization Issues

40. Class size reduction Secretary says may not be that important 40

41. Other Reauthorization Issues HQT Move to RTT type evaluation based on student achievement 41

42. US ED SASA Monitoring – Top Ten Findings in Frequency 1. Private Schools Consultation Failure to evaluate Failure to maintain control Contracting Student selection (not based on poverty!!!) 2. Parental Involvement 95% of reservation to schools Equitable participation 3. Parental Involvement Choice/SES notifications Teacher qualifications 42

43. Top Ten Findings (cont…) 4. Fiscal comparability supplanting time and effort 5. District Report Cards missing elements 6. Choice options not on website 7. State Report Cards missing elements 43

44. Top Ten Findings (cont…) 8. Parental Notification Choice and SES options 9. Paraprofessional qualifications 10. SES Information not on websites 44

45. IDEA Reauthorization Last 2004 Next ?? Little movement Chairman Klein supports full funding McMorris-Rodgers amendment to spending bill undid proposed cuts in draft spending bill Republican rank and file support? May go before ESEA 45

46. This presentation is intended solely to provide general information and does not constitute legal advice or a legal service. This presentation does not create a client-lawyer relationship with Brustein & Manasevit, PLLC and, therefore, carries none of the protections under the D.C. Rules of Professional Conduct. Attendance at this presentation, a later review of any printed or electronic materials, or any follow-up questions or communications arising out of this presentation with any attorney at Brustein & Manasevit, PLLC 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. 46