The Every Student Succeeds Act Your School Board Primer Missouri School Boards’ Association Legislative Forum Deborah Rigsby February 16, 2016

Every Student Succeeds Act Public Law

Agenda Overview Key Issues Implementation Related Materials: Fiscal Year 2017 Budget & Appropriations Child Nutrition Career and Technical Reauthorization

Every Student Succeeds Act (ESSA) Signed into law December 10, 2015 Four-year reauthorization of the Elementary and Secondary Education Act Affirms local governance Goal is to facilitate greater flexibility and local innovation for student achievement

ESSA Programs Title I – Improving the Academic Achievement of the Disadvantaged Title II – Preparing, Training, and Recruiting High-Quality Teachers, Principals, and Other School Leaders Title III – Language Instruction for English Learners and Immigrant Students Title IV – 21 st Century Schools Title V – Flexibility and Accountability Title VI – Indian, Native American and Alaska Native Education Title VII - Impact Aid Title VIII – General Education Provisions Title IX – Education for the Homeless and Other Laws

Title I Section 1003 directs states to set aside at least 7 percent of Title I allocations for school improvement and eliminates the School Improvement Grant (SIG) program, providing more discretion for local and state oversight and innovation, as well as for identification and targeted intervention of lowest performing 5 percent of schools Provides greater discretion to states to design respective standards and accountability systems Authorizes pilot project for equitable funding distribution for up to 50 school districts to maximize funding/per pupil spending for targeted needs, such as English learners and students from low- income families

Title I States are to adopt “challenging” academic standards Participation in Common Core is not mandated Adequate Yearly Progress (AYP) is to be replaced with state- established benchmarks State set-aside for direct student services/interventions Comprehensive support and improvement focused on lowest performing 5% of schools Title I funding formula study by Institute of Education Sciences

Title II - Teachers Changes Title II, Part A funding formula over four years to target more resources to children in poverty Greater emphasis on support for principals and other school leaders, such as an optional 3% state set aside for systemic, infrastructure improvements that can be targeted to smaller districts Eliminates highly qualified teacher (HQT) requirement and requires teachers working in Title I programs to meet applicable state certification and licensure standards Authorizes the Teacher and Leader Incentive Fund (TIF) for teacher and principal compensation systems

Title II Local Uses of Funds Developing and improving teacher and leader evaluation systems Recruiting and retaining teachers Training and technical assistance on assessments Supporting school libraries Professional development for STEM subjects and incorporation of Career and Technical Education School districts are to consult with stakeholders when developing local Title II plans

Title III Eliminates requirement that states develop annual measurable achievement objectives for English language proficiency and replaces it with such proficiency assessments as a required indicator for school performance under Title I Requires states to establish standardized English Learner entrance and exit criteria State reservation of 15% of funds for grants to districts with large influxes of immigrant students Allows states to use part of the state share of Title III funds for bonuses to districts with large gains in EL proficiency and academic achievement

Title IV Authorizes flexible grants for “Student Support and Academic Enrichment” that can be used for several purposes that address: Access to, and opportunities for, a well-rounded education for all students School conditions for student learning for healthy and safe environments Access to personalized learning experiences supported by technology and professional development for effective use of data and technology

Title IV District(s) must submit an application and needs assessment to qualify for “Student Support and Academic Enrichment” grant funds District grantees may not use more than 15% of funds for technology infrastructure Focuses on expanded learning time with options for states to dedicate funding to district and school programs

Priorities Local governance Authorized funding State plans Testing & Assessments Next steps

ESSA & Local Governance Includes provision affirming local governance championed by NSBA and sponsored by Senators Deb Fischer (R-NE), Jon Tester (D-MT) and Angus King (I-ME) Section 8541: Clarifies the delineation among federal, state, and local governance authority Supports the U.S. Department of Education rulemaking and guidance processes and consultation with local school boards (pursuant to provisions under Title I, Part A, Section 1901)

Authorized Funding The following appropriations are authorized for all programs under ESSA: FY 2017 = $24,540,409 FY 2018 = $25,053,614 FY 2019 = $25,566,819 FY 2020 = $26,080,025 *Authorizations are subject to the annual appropriations process, in which the final amount allocated each fiscal year may not reflect the amount provided.

State Plans ESSA maintains provisions allowing states and districts to apply for main formula programs through a consolidated application or separate program applications State education agencies are required to develop plans “with timely and meaningful consultation” with the governor and other state policymakers, districts, representatives of teachers, principals, other school staff, and parents Plans are to include targeted support to low performing schools Plans are to be available for public comment for at least 30 days before they are submitted to the U.S. Department of Education (ED) ED approval will involve a peer review process

Testing & Opt-Out ESSA defers to state and local policies regarding students opting out of assessments. School districts must notify parents at the beginning of the year that they may request information regarding state or local policies on student participation in assessments, including parental right to opt out “where applicable.” Sec (e)(2) TESTING TRANSPARENCY.— (A)…shall notify the parents of each student…regarding any State or local educational agency policy regarding student participation in any assessments…which shall include a policy, procedure, or parental right to opt the child out of such assessment, where applicable.

Implementation A Busy Year Ahead

State Plans / Transition August 1, 2016 State plans are to remain effective until August 1 st Existing waivers scheduled for termination ED “will not require states to submit AMOs [annual measurable objectives] (for school years 2014–2015 or 2015–2016) in January 2016 for ED’s review and approval, nor will ED require States to report performance against AMOs for the 2014–2015 or 2015– 2016 school years.” Department published its Request for Information regarding Title I on December 22, 2015

Transition school year: New state plans scheduled for implementation and effective date for formula grant programs FY2017: Effective date for competitive grant programs U.S. Department of Education (ED) to publish transition guidance soon.

Federal Policy and Regulation  Regulations  Guidance  “Dear Colleague” Letters  FAQs  Fact Sheets  Blogposts

ESSA Public Input Meetings January 11 - First hearing at the U.S. Department of Education “Although we are at the very beginning of what should hopefully prove to be an open, transparent regulatory effort to implement ESSA, it is exceedingly important that any Departmental regulations and non-regulatory guidance accomplish what Congress sought with this reauthorization—to restore significant decision-making impacting public education to the local level and recalibrate the federal role in education.” – Thomas J. Gentzel, Executive Director, NSBA January 19 – Second hearing in California

Rules/Regulations December 31, 2016 Rules not finalized and published could be discarded by the incoming administration Title I negotiated rulemaking possible (assessments and/or supplement, not supplant)

Hearings ESSA grants Congress the authority to oversee the regulatory process for implementation. Congressional Oversight Hearings  Senate Health, Education, Labor & Pensions Committee  House Education and the Workforce Committee

Related Priorities Fiscal Year 2017 Appropriations Child Nutrition Career and Technical Education

Working with and through our State Associations, to advocate for equity and excellence in public education through school board leadership.