1. 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

2. 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

3. 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

4. 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

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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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

20. 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

21. 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

22. 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?

23. 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

24. 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

25. 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

26. 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

27. 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

28. 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

29. 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

30. 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 school year

31. 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

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

33. What Did I Leave Out? Questions?

34. Contact Information
Nancy Reder (703)