Nancy Reder, Esq. Deputy Executive Director NASDSE The Every Student Succeeds Act (ESSA): Its Impact on Students with Disabilities Nancy Reder, Esq. Deputy Executive Director NASDSE

Overview of Presentation Gauging audience knowledge Overview of ESSA Timelines and status of implementing regulations What else is happening (or not happening) in Congress on education issues

What Does ESSA Cover Title I Title II Teacher Prep Title III ELLs Title IV 21st Century Schools IVA block grant is critical program Title V State Innovation & Local Flexibility

More Sections of ESSA Title VI Indian, Native Hawaiian, Alaska Native Education Title VII Impact Aid Title VIII General Provisions Title IX Education for the Homeless and Other Laws

Key Provisions of Title I Academic standards Accountability Assessments & subgroups State report cards UDL Adversives and discipline State Plans

Academic Standards All students with disabilities (other than those with the most significant cognitive disabilities) must be taught to the state’s general challenging academic achievement standards Goals must be set for academic achievement in the aggregate at LEA & SEA levels

More on Academic Standards Students with disabilities continue to be one of four subgroups (ELLs, low-income and minority students, students with disabilities) to be compared to overall achievement Subgroups will not be aggregated as they could be under NCLB waivers

Alternate Standards Must only be used with students with the most significant cognitive disabilities Must ensure students taught to them are on track to pursue postsecondary education or employment States are prohibited from developing other alternate or modified academic standards

ESSA Accountability States set accountability levels in three areas: Reading, math and science High school graduation rates At least one nonacademic indicator of school quality or child success

More on Accountability If achievement of students with disabilities is meaningfully different than overall student achievement, LEAs must implement evidence-based interventions designed to improve the achievement of students with disabilities

More on Accountability Both “meaningfully different” and “interventions” are defined by the state and will be described in state plans States determine the “minimum number of students to be included” (“n-size” – 30 in draft regs) for a subgroup; if the number of students falls below that minimum number, the subgroup will not be included in the accountability process

Report Cards States must publish and make available a report card that includes specific information for students with disabilities, including: Long-term and interim academic goals Academic and nonacademic achievement, by school and district, for all students and for students with disabilities

More to Include on Report Cards Schools that have different achievement levels for students with disabilities compared to all students in the school; and Progress being made on academic achievement, in the aggregate, for all students and students with disabilities

Assessments Studentswith disabilities must be provided with appropriate accommodations to participate in the state assessments State assessments must use the principles of universal design for learning (UDL) to increase access to assessments

More on Assessments Students with disabilities will take required (regular) academic assessments unless it has been determined by their IEP teams that they have the most significant cognitive disabilities States must aggregate assessment results for students with disabilities and compare them to students without disabilities

More on Assessments LEAs must explain to the SEA if they go over the 1% and states may not assess more than 1% of all students using the alternate assessments in each subject at each grade level, but the SEA can request a waiver from the U.S. Secretary of Education

Alternate Assessments States may develop alternate academic standards for students with the most significant cognitive disabilities Must be aligned with the general academic standards Must promote access to the general curriculum

More on Alternate Assessments Alternate assessments based on alternate academic achievement standards has a 1% cap at the LEA and SEA levels. LEAs can appeal to the state SEAs can appeal to the Secretary of Education 2% assessment has been eliminated

More on Alternate Assessments Families must be informed how participation in the alternate assessment could delay or otherwise affect their students from completing requirements for a regular high school diploma

More on Alternate Assessments Participation in the alternate assessment must not preclude students with the most significant cognitive disabilities from attempting to complete the requirements for a regular high school diploma Students with disabilities who graduate from high school during their extended IDEA eligibility are included in the school’s four-year graduation rate

Alternate 1% Diploma States may choose to establish a diploma for students taking the alternate assessment ????????? – No one seems to know what this really means or how to do it

Implications of ‘Opt Out Movement’ Schools are required to assess 95% of all students, otherwise the school will receive a lower grade How will the opt out movement affect this?

Universal Design for Learning SEAs must describe how it has incorporated UDL in alternate assessments Allowable use of funds in developing assessments Under Title II – comprehensive literacy instruction ‘incorporates the principles of UDL

Adversives and Discipline States must report how they will assist schools to Reduce the use of aversive behavioral interventions that compromise child health and safety (e.g., the use of restraints and seclusion) Reduce bullying and harassment Reduce the use of discipline practices -- including seclusion and restraints -- that remove students from the classroom

ESSA – Other Key Features Stakeholder engagement is critical for setting state and local standards Title IV A Block Grant on school climate Combines 20 programs eliminated by ESSA In the law it’s a formula grant but the Administration wants to make it competitive Funding is an issue

Other Key Features A portion of federal charter school funds received by a state must be used to support charter schools to serve students with disabilities; and the state must monitor and support charter schools to recruit, retain and serve students with disabilities

Don’t forget…… …the key role that Specialized Instructional Support Personnel (SISP)(school psychologists, social workers, speech language pathologists, etc.) can play in ESSA implementation

State Plan The state plan is the approved plan the state will use to educate students under ESSA The state plan will be in effect the duration of the state’s participation in ESSA The state plan will contain all the provisions previously discussed in this webinar

More on State Plans The state plan is created through a consultation process that includes numerous stakeholders, including The governor, the state legislature, the state board of education, LEAs, representatives of Indian Tribes in the state, teachers, principals, specialized instructional support personnel, paraprofessionals, administrators, other staff and parents

ESSA Implementation Timeline NCLB waivers end August 1, 2016 Current state plans remain in effect until new state plans are approved Special education must be at the table when state plans are developed New state accountability systems will take effect with the 2017-2018 school year

Status of Rulemaking Negotiated rulemaking on assessments and supplement not supplant No agreement on supplement not supplant Agreement not to define ‘students with the most significant cognitive disabilities’ Draft regs on Title I now out for comments – due August 1

Outstanding Education Bills Higher Education Act Perkins technology bill ESRA Student privacy bills Notice I didn’t mention IDEA

What Did I Leave Out? Questions?

Contact Information Nancy Reder (703) 519-1506 nancy.reder@nasdse.org