1. Education Industry Association Legislative Update Waiver Overview, Impact on SES, USDE Engagement and Future Opportunities

2. ESEA Reauthorization Senate HELP Voted Bi-Partisan Bill-light on Federal Intervention and No SES. House Committee ESEA Bill includes SES. Both Are Important Place-marks For Future. No Final Action on ESEA Until After Elections, and Maybe Not Even in 2013 Focus on Jobs and the Economy

3. ESEA Waiver “101” Sec’y Duncan Invited States to Seek Flexibility in Conditional on Accepting Fed’l Ed Reform Priorities Based on Legislative Principles. Apply by Nov. 2011, Feb. 2012 and Sept, 2012 External Review Panel With Guidance by USDE Staff. “Rolling Admissions” with Great Effort to Accept Applications.

4. What Gets Waived ? Multiple Areas of NCLB May be Waived-State May Select One or More: 1.Change AYP standards for 2014 2.Relax Mandated Use of SES/Choice 3.Rural Programs 4.School-wide Title I 5.Use SIG for Priority and Focus Schools 6.Reward Schools 7.Relief from HQT Requirements 8.Flexibility to Transfer Funds 9.Use 21 st CLC During School Day States Could Request Freeze to AYP waiver application at 2011-12 levels if they need more time to prepare –”AMO Waiver” My “take”: New Federalism—State/Local Autonomy---Blurred Accountability and Muddy Interventions that was NCLB Hallmark

5. 16 States “Most-Likely” With SES in 2012-13: Full Waiver Approved: CO--- 15% set aside for Focus Schools FL--- State Law; 15% set aside for Focus Schools AR---No set aside for Focus Schools ID---20% ; No Mandated Use of External Providers {WI and MA ---interesting RFPs for tutoring/SES AMO- Waivers Approved: AL, AK, IID, O, KS, ME, WVA Waiver Pending IL---10% for Priority Schools for 2013 SY SC---20% for Priority Schools SD---For Focus Schools Unlikely to Apply or be Approved- Status Quo: CA, TX, PA, PR, VT,

6. Waiver Recap Full Waivers Approved as July 15: AR,CO, CT, DE, FL, GA, ID,IN, KY, LA, MD, MA, MN,MO, NJ, NM, NY, OH, OK, RI, TN, UT, VA, WA, and WI. Pending Approval: DC, IL, MI, MS, NV, OR, SC and VT

7. Major States Not (Yet) Applying Pennsylvania likely to apply by Sept. deadline- impact delayed until SY 2013 Texas unlikely to apply-status quo California Seeks “Special” Waiver, including no mandates--Unlikely to be Granted

8. Impacts on Tutoring in Waived States No Mandated SES but… States and LEAs Could Implement New Tutoring Interventions that Fix Past Problems: 1.Tougher Standards for Provider Approval 2.Closer Alignment of Tutoring to Classroom 3.More Control at LEA Level via RFPs for Tutoring in Focus and/or Priority Schools 4.Extended Learning Time will be “new” Student- centric Intervention 5.School Turn-around May Include XLT/Tutoring

9. EIA Engagement Contacted All States on SES Best Practices and Reform Measures to Improve SES in Waiver Met with Assistant Secretaries Carmel Martin and Michael Yudin: – Florida’s law/waiver conditions – States with SES in waiver appl – LEA waivers in non-waiver States – EIA Best Practices as Guidance for “waiver conditions” Engaged CCSSO and NASBE support for EIA and States’ Rights

10. New Business Opportunities Tutoring Funded By Title 1 (non-SES)-$14B Market Tutoring as Linked to Formative Assessments in Classroom 21 Century Learning Centers ($1B)-watch waiver states: – Yes to 21 st CCLC waiver: CT, DE, FL, IN, KY, LA, MA, NJ, NM, NY, NC, OH, OK, and TN – No to 21 st CCLC: RI, CO, GA, MD, and MN English-Language Learners RTI-Special Ed. Test Prep for ACT/SAT/AP and State Assessments Extended Learning Time Credit Recovery and Support to Promote HS Graduation Link to SIG/Turn-around Interventions Professional Development WIA, Youth Build Get Accredited Go on-line

11. To Learn More…. www.educationindustry.org www.ed.gov/esea/flexibility/requests