1. From NCLB to ESSA … An Introduction to the Every Student Succeeds Act

2. Introduction to ESSA Session Outline Intro to ESSA  Federal to State Power Shift  Overview of Titles and Provisions  Regulation Highlights  Transition - Timeline for decision-making

3. Introduction to ESSA From NCLB to ESSA The Every Student Succeeds Act (ESSA) was signed into law on December 10, 2015 as the most recent version, or reauthorization, of the federal Elementary and Secondary Education Act (ESEA), which was first enacted in 1965.  ESSA replaces the longstanding, and often controversial, No Child Left Behind (NCLB) Act of 2001.

4. Introduction to ESSA From NCLB to ESSA Key provisions of ESSA represent significant departures from the former NCLB law. ESSA:  eliminates the mandate and sanctions arising from adequate yearly progress (AYP);  eliminates the mandate that teachers be highly qualified;  and eliminates the Common Core State Standards as a condition for receipt of federal funding, as was the case with the Race to the Top grants and ESEA flexibility waivers.

5. Introduction to ESSA ESSA & State Authority ESSA, in general, returns to states the authority to determine state standards for student performance and the accountability system to measure that performance. ESSA also includes several provisions specifically directed at prohibiting future federal actions to mandate, or more precisely condition funding on mandates, in education policy areas. This major thrust of ESSA is why it is referred to by the National School Boards Association as the “New Federalism.”

6. Introduction to ESSA ESSA & Local Governance ESSA includes a rule of construction regarding local governance which limits the scope of the federal government’s authority to interpret the law and issue any future guidance, rulemaking or regulation.  “SEC. 8541. LOCAL GOVERNANCE. Nothing in this Act shall be construed to allow the Secretary to: (1) exercise any governance or authority over school administration, including the development and expenditure of school budgets, unless otherwise authorized under this Act; (2) issue any regulation without first complying with the rulemaking requirements … ; or (3) issue any nonregulatory guidance without first, to the extent feasible, considering input from stakeholders.”

7. Introduction to ESSA ESSA & Federal Limits ESSA contains a stand-alone provision limiting the scope of federal mandates, direction or control over state and local education policies.  SEC. 5301. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, OR CONTROL. Nothing in this title shall be construed to authorize an officer or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school’s specific instructional content, academic standards and assessments, curriculum, or program of instruction, as a condition of eligibility to receive funds under this Act.

8. Introduction to ESSA ESSA is the new ESEA ESSA retains the major grant programs in ESEA, and includes:  Title I - Improving Basic Programs Operated by State & LEAs;  Title II - Preparing, Training, and Recruiting High-Quality Teachers, Principals, or Other School Leaders;  Title III - Language Instruction for English Learners and Immigrant Students;  Title IV - 21st Century Schools, including the Charter Schools;  Title V - State Innovation and Local Flexibility;  Title VI - Indian, Native Hawaiian, and Alaska Native Education;  Title VII - Impact Aid;  Title VIII - Homeless Students;  Title IX - Preschool.

9. Introduction to ESSA ED’s view of ESSA According to the U.S. Department of Education: “ESSA builds on ESEA’s legacy as a civil rights law and seeks to ensure every child, regardless of race, income, background, or where they live has the chance to make of their lives what they will.”

10. Introduction to ESSA Title I - Standards ED requires assurance the State has adopted “challenging academic standards” in mathematics, reading or language arts, and science.  Academic standards must be “aligned with entrance requirements for credit-bearing coursework in the system of public higher education in the State and relevant State career and technical education standards;”  Standards for students with most significant cognitive disabilities;  State must demonstrate it has adopted English language (EL) proficiency standards.

11. Introduction to ESSA Title I - Accountability States to adopt a single statewide accountability system.  Must include all public schools in the state.  Must improve student academic achievement and school success.  Must include long-term goals and measurements of interim progress for all students and subgroups:  Economically disadvantaged students;  Students from racial and ethnic groups;  Students with disabilities;  English learners (EL)  Indicators must be applied to all students and each specific subgroups of students.

12. Introduction to ESSA Title I - Accountability  ESSA eliminates AYP and the 100% proficiency requirement.  AYP is replaced with a state defined index system, that includes certain federally required components.  The State’s system must include “ambitious State- designed long term goals” with “measurements of interim progress”  Measures of School Quality and Student Success (including non-academic indicator)  States must annually identify and differentiate schools based on indicators and factors in the accountability system.

13. Introduction to ESSA Title I - Accountability  Under ESSA, a state’s index system must include long term goals, academic indicators, a measure of school quality and student success, an assessment participation rate, and annual meaningful differentiation among schools.

14. Introduction to ESSA Title I - Accountability Academic Indicators  Academic achievement based on the annual assessments and on State goals;  A measure of student growth or other statewide academic indicator for elementary and middle schools;  Graduation rates for high schools based on State goals; and  English language proficiency based on State goals.

15. Introduction to ESSA Title I - Accountability Measure of School Quality and Student Success  At least one measure of school quality or student success:  Student engagement; educator engagement; student access to and completion of advanced coursework; postsecondary readiness; school climate and safety; and any other indicator the State chooses that meets the law’s requirements. However, the four academic indicators listed above must be given “much greater weight” than any additional student success indicator.

16. Introduction to ESSA Title I - Accountability Participation Rate  States must annually measure the achievement of not less than 95% of all students and each subgroup of students on the state assessments.

17. Introduction to ESSA Title I - Assessments  Reading/English language arts and Math assessments are required in each of grades 3-8 and once in grades 9-12 (previously 10-12)  Science assessments not less than one time during grades 3-5, grades 6-9, and grades 10-12  Same assessments administered to all public school students in the state.

18. Introduction to ESSA Title I - Accountability Meaningful Differentiation of Schools  The system must be based on all of the indicators in the State accountability system for all students and for each subgroup of students.  Substantial weight must be afforded to academic indicators  Include at least three distinct levels of performance for schools on each indicator that are clear and understandable to the public  Results in a single-school rating  Meet requirements to annually measure achievement of not less than 95%  Informs the identification of schools

19. Introduction to ESSA Title I – School Improvement School Improvement  Comprehensive Support and Improvement Schools:  Every 3 years identify the lowest-performing 5% of Title I schools on state accountability index;  High Schools with less than 67% graduation rates; and  Schools with underperforming subgroups that do not improve after a state- determined number of years.  Targeted Support and Improvement Schools:  Annually identify schools with consistently underperforming student subgroups, as defined by the state.

20. Introduction to ESSA Title I – Schoolwide Every school identified by the State shall locally develop and implement a Comprehensive Support and Improvement plan for the school to improve student outcomes, and must be:  developed in partnership with stakeholders: principals, other school leaders, teachers, parents.  informed by all indicators in the state accountability system.  based on a school-level needs assessment.  include evidence-based interventions.  identify resource inequities.  approved by the school, the district, and the State.

21. Introduction to ESSA Title I – Targeted Every school identified by the State shall locally develop and implement a Targeted Support and Improvement plan for the school to improve student outcomes for each underperforming subgroup, and must be:  developed in partnership with stakeholders: Principals, other school leaders, teachers, parents.  informed by all indicators in the state accountability system.  include evidence-based interventions.  approved by the district prior to implementation. Note: the State does not approve; the local system monitors.

22. Introduction to ESSA Title I – Local Plans To ensure that all children receive a high-quality education, and to close the achievement gap between children meeting the challenging State academic standards and children not meeting standards, each LEA plan shall describe how it will monitor students’ progress in meeting the challenging State academic standards by:  developing and implementing a well-rounded program of instruction to meet the academic needs of all students;  identifying students who may be at risk for academic failure;  providing additional educational assistance to individual students determined to need help in meeting the challenging State academic standards; and  identifying and implementing instructional and other strategies intended to strengthen academic programs;

23. Introduction to ESSA Title I – Local Plans How the local school system will support the following:  implement effective parent and family engagement  reduce the overuse of discipline practices that remove students from the classroom  how teachers and school leaders, in consultation with parents, administrators, paraprofessionals, and specialized instructional support personnel in schools operating a targeted assistance school program will identify the eligible children most in need of services;  strategies to facilitate effective transitions for students from middle grades to high school and from high school to postsecondary education  identify and support schools with high rates of discipline, disaggregated by each of the subgroups of students.

24. Introduction to ESSA Title I – Improvement Grants Title I Set-aside:  States must set-aside 7% of the state’s Title I, Part A allocation  Must allocate not less than 95% to local districts on a competitive or formula basis to serve schools implementing comprehensive or targeted support and improvement activities; or  The state may, with approval of the local school system provide for these activities.

25. Introduction to ESSA Title I – Accountability Regs ED published proposed regulations in the Federal Register on May 31, 2016; Public Comments are due by August 1, 2016.  Regulations were developed through consensus-based negotiated rulemaking.  Address a comprehensive array of issues in order to implement the statutory provisions of ESSA.

26. Introduction to ESSA Title I – Pending Regulations  State accountability systems  Accountability indicators (Requirements for indicator selection)  Sub-groups of students  Disaggregation of data  State Plan requirements  Report card requirements  Long-term goals  Meaningful differentiation & identification of schools  Comprehensive support and Improvement  Identification and plan requirements  Targeted support and Improvement  Identification and plan requirements  Per-pupil expenditure reporting  Graduation rate calculations

27. Introduction to ESSA Title I – Regulations Per-Pupil Expenditures  ESSA, and the proposed regulations, would require each state and its LEAs to annually report on the State and LEA report cards:  The per-pupil expenditures of Federal, State, and local funds, including actual personnel expenditures and actual nonpersonnel expenditures of Federal, State, and local funds, disaggregated by source of funds, for each LEA and each school in the State for the preceding fiscal year.  Maryland’s school funding survey is ongoing.

28. Introduction to ESSA Supplement not supplant Supplement not Supplant – Law and Regs  Under ESSA, a local school system does not have to identify that an individual cost or service is supplemental.  A system does not have to provide services through a particular instructional method or setting in order to demonstrate compliance with supplementing State and local funds.  The Secretary of Education is barred from prescribing a specific methodology a district must use to allocate State and local funds.

29. Introduction to ESSA Title II – No HQT Mandates ESSA no longer requires, beginning in the 2016-2017 school year:  a school to notify parents when their child has been assigned to, or has been taught for four or more consecutive weeks by, a teacher who is not highly qualified;  that each LEA hire highly qualified teachers; that each State and LEA report on progress toward all teachers being highly qualified; and that each LEA ensure that paraprofessionals meet certain qualifications and perform certain duties;  an LEA not making progress toward all teachers being highly qualified to create an improvement plan.

30. Introduction to ESSA Title II - Educator Evaluations ESSA also no longer requires specific educator evaluation measures or methods; ESSA allows, but does not require, that Title II funds be used to implement specific teacher evaluation measures; ESSA reauthorizes the Teacher Incentive Fund, a competitive grant to support innovative educator evaluation systems.

31. Introduction to ESSA Title III Title III – Language Instruction for English Learners (Els)  Consolidates the accountability requirements for ELs under Title I  Includes requirements for states to develop statewide entrance and exit criteria for ELs  Requires the English language proficiency standards adopted by the State be aligned to the state academic content standards

32. Introduction to ESSA Title IV Title IV: Part A—Student Support & Academic Enrichment Grants  Established a new subpart to improve students’ academic achievement by increasing the capacity of states, school systems, schools, and local communities to:  Provide all students with access to a well-rounded education;  Improve school conditions for student learning; and  Improve the use of technology in order to improve the academic achievement and digital literacy.

33. Introduction to ESSA Title IV Title IV: Part B—21st Century Community Learning Centers  Expanding the scope of activities under the second goal for the program.  Includes ensuring students get exposure to College/Career Ready (CCR) activities; and  Identifying not-for-profits and ensuring that they have a history of success or are willing to enter into an agreement for mentoring and guidance support services.

34. Introduction to ESSA Title IV Title IV: Part C—Expanding Opportunity Through Quality Charter Schools  Continuation and amendments to existing program; and  Continuation of funding for existing grantees through the term of their grant.

35. Introduction to ESSA Title V Title V— State Innovation and Local Flexibility: Rural education initiative  Currently Rural Education Achievement Program (REAP) funds can be expended for local activities authorized under several other Title programs.  ESSA removes two Title programs from the list of approved types of funding -- Part D, Title II (Educational Technology State Grants); and Part A, Title V (State Grants for Innovative Programs).  ESSA increases the minimum grant amount to $25,000 and maximum to $80,000; and a hold harmless provision has been added.

36. Introduction to ESSA Title VI Title VI—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION  The purpose of this title is to support the efforts of local educational agencies, Indian tribes and organizations, postsecondary institutions, and other entities to meet the unique educational and culturally related academic needs of students.

37. Introduction to ESSA Title VII Title VII—IMPACT AID  Designed to assist United States local school districts that have lost property tax revenue due to the presence of tax-exempt Federal property such as a military base.  ESSA makes formula changes and eliminates a “lockout” provision that currently prevents eligible federally impacted school districts from accessing Impact Aid funding.

38. Introduction to ESSA Title VIII Title VIII—GENERAL PROVISIONS Provides definitions of terms, outline the use of administrative funding, and detail waivers, among other regulations.  ESSA specifically prohibits the Secretary from requiring states or schools to adopt specific standards or assessments, such as the Common Core State Standards, or require adoption of specific state accountability systems or teacher evaluation models to qualify for a waiver.

39. Introduction to ESSA Title IX  Title IX: Part A—Homeless Children &Youth  ESSA is placing an emphasis on the “Identification of Homeless Children and Youth”  Homeless children and youth must be enrolled in school immediately, even if the student has missed application or enrollment deadlines during any period of homelessness.  New requirement to disaggregate data on graduation rates and academic achievement of homeless children and youth, and students in foster care.

40. Introduction to ESSA Title IX Title IX: Part B - Preschool Development Grant  The program is moved to the Department of Health and Human Services though the Department of Education will be a partner in administering the program;  Grants may be used for subgrants to improve and expand access to quality programs for low-income and disadvantaged children;  Requires states to provider a 30 percent match to the funds;  Requires states to have a mixed delivery system for early childhood programs.

41. Introduction to ESSA Transition Timeline  ESEA Flexibility Waivers will expire on August 1, 2016.  States must continue interventions in identified schools (priority and focus) until new State plans are approved or 2017-2018 school year.  States must be compliant with the “statewide accountability system” and the “school support and improvement activities” provisions by the 2017-18 school year.

42. Introduction to ESSA Transition Timeline States must established a process for “timely and meaningful consultation” with local boards on the transition from NCLB to ESSA and the new state accountability plan.  Following the passage of the new law, MSDE formed the Every Student Succeeds Act (ESSA) Stakeholder Committee, which includes State Board members, representatives from local boards, superintendents, principals, employee organizations, special education advocates, the business community, Maryland PTA, and numerous staff representing the MSDE divisions engaged in implementation of ESSA.

43. Introduction to ESSA Resources  MSDE ESSA webpage with updates on the work of the ESSA Stakeholder Committee: http://www.marylandpublicschools.org/msde/ programs/essa/index.html

44. Introduction to ESSA Thank you! Contact Information: John R. Woolums, Esq. Director of Governmental Relations MABE 621 Ridgely Avenue, Suite 300 Annapolis, MD 21401 410-841-5414 jwoolums@mabe.org www.mabe.org