ESEA and IDEA Reauthorization: Status, Issues, Timing, Where Congress Stands

Leigh Manasevit, Esq.lmanasevit@bruman.comBrustein & Manasevit, PLLC Fall Forum 2011

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ESEA Reauthorization

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ESEA Reauthorization: 2007, ouch!

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House Draft Bill imploded for many reasons Urgency prior to 2008

elections Complexity of House

Discussion Draft identification schema

Complexity of House Discussion Draft intervention schema

Union antagonism toward teacher effectiveness provisions

Gone is the post 9/11 partisan moment. Strange bedfellows are, again, strangers.

Rest in Peace

HOUSE

DRAFT

ESEA Reauthorization Timeline

NCLB Jan 2001 to Jan 2002

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Education CommitteesHouse Education & Workforce

Chairman John Kline (R-MN) Ranking Member George Miller (D-

CA)Senate HELP Committee

Chairman Tom Harkin (D-IA) Ranking Member Michael Enzi (R-

WY)

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HouseNo official timeframeApproaching 2012 election yearChairman Kline’s piecemeal

approach –five small bills Eliminating some federal education

programs (H.R. 1891 passed Committee) Promoting Charter expansion and

replication (H.R. 2218 passed) Increasing funding flexibility (H.R. 2445

passed Committee) Accountability (TBD) Teachers (TBD)

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White House President Obama, Secretary Duncan:

Reauthorization this year- urgent Chairman Kline:

Cannot allow an arbitrary deadline to undermine quality reforms

Senate Vote?

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Secretary Duncan’s Blueprint http://www2.ed.gov/policy/elsec/leg/blueprint/blueprint.pdf

Not quite deceased but definitely on life support

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R.I.P.

A Blueprint for Reform - 7 Sections

1. College, Career Ready Students2. Great Teachers and Great Learners3. Meeting the Needs of Diverse

Learners4. A Complete Education5. Successful, Safe, and Healthy

Students6. Fostering Innovation and Excellence7. Additional Cross Cutting Priorities

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Contentious ConceptsFormulas, especially Title I, Title III RTT and other competitive

programs Republicans don’t like broad agency

discretion, but do like the idea of locally-driven reform

Level of Federal engagement and funding generally

Accountability

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Faux Reauthorization: Waivers

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The Bill That Might Become Law

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Product of more than a year of intensive negotiations between Harkin, Enzi

Released in Early October 2011 for stakeholder feedback

Some early support, but criticism from disability advocates, Duncan, and others for less accountability and too many compromises

Early complaints from teachers unions led to changes in evaluation provisions

Political differences lead to procedural drama during markup

The Harkin Bill

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No more Adequate Yearly Progress (AYP) or 100% proficiency goal Instead, focus on State-designed

assessments and accountability systems States no longer have to label

schools as passing or “in need of improvement” Instead, federally mandated focus on

bottom 5% of schools Codifies Race to the Top, Invest in

Innovation

The Harkin Bill: Key Changes

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More flexibility and control at State level overall (especially for rural schools)

Fewer specified areas of accountability Includes the 4 models for school improvement

(plus three others) Defines “college and career readiness” and makes

it the focus of State-driven accountability Changes to comparability (looking at expenditures

down to school site level)

The Harkin Bill: Other Significant Provisions

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Federal support for: Teacher and principal evaluations which

include student data as a factor Performance pay programs Teacher recruitment and retention Expansion and replication of

successful charter models Increased emphasis on:

STEM subjects Literacy Community involvement

The Harkin Bill: Other Significant Provisions

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Retains requirement to test in reading and math in grades 3-8 and once in high school

Potential penalties for schools that do not improve; rewards for those which are particularly successful in boosting achievement

Most programs and funding streams are still in place; some smaller programs are consolidated

The Harkin Bill: What Stays the Same

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Procedural dramaAlexander Amendment

Amends school improvement strategies to add a state-created alternate model, approved by ED (bringing total to 7)

Franken Amendment Allows computer adaptive assessments for

increased accuracy of results; shorter turnaroundBurr Amendment

Changes Title II allotment to strike provision requiring each State gets at least 2001 allocation

The Harkin Bill: Major Changes in Markup

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Harkin Bill: Early Conflict with Teachers

Draft as first released for stakeholder comment conditioned Title II funding on implementation of teacher/principal evaluations

Unions and others came out strongly against this provision

Original draft modified before mark-up to make evaluations suggested, but not required

Lessons learned from 2007 reauthorization?

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Hearing in Committee November 8th

Place on Senate CalendarDebate on the Senate

Floor, amend, and voteConference and/or

negotiations with House

The Harkin Bill: What’s Next

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Political Differences Between parties AND within parties

Lack of support from advocatesNot a priority?

Reid: “ESEA has been up for reauthorization since 2007 and Senator Reid comments Senators Harkin, Enzi, and others who have worked hard to get a bill through the HELP Committee… the top priority for Senate Democrats is creating jobs and getting our economy moving again.”

Appropriations/Super Committee debate

What Could Derail the Harkin Bill?

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Harkin Bill Reaction October 19, 2011 Civil Rights Groups, Business Groups, State

Education Officials, Education Advocates “We cannot support the bill at this time.”

Weak accountability provisions Inadequate protections for

SWD Low income Students of color ELL Migrants

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Bills That May Not Become Laws But May Influence the Debate

Chairman Kline Flexibility Bill HR 2445 (passed committee July 13, 2011)

“State and Local Funding Flexibility Act” Creates essentially unlimited

transferability Unlikely to become law However all reauthorizations add some

flexibility-NCLB ED Flex Transferability State Flex, Local Flex

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Opposition to Flexibility Bill George Miller- Violates Civil Rights intent

of ESEA and Brown vs. Board of Education Center for American Progress Education Trust La Raza NEA AFT Special Ed Groups

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Support for Flexibility Bill American Association of School

Administrators National School Boards Association

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ESEA Amendments – Proposed - Senate

Senator Alexander (R-TN) State Innovation Pilot Act (S. 1568)

Would restrict the authority of the Secretary to grant “Conditional Waivers”

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ESEA Amendments (S 1571) – (Republican)Rep. Isaakson (R-GA) Require college/career ready standards

Secretary may not Specify Define State standards Prescribe assessments

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Senate – BillsESEA Amendments (cont.) LEA Report Card

Includes per pupil expenditures x school Possible signal of new approach to

comparability

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Senate – BillsESEA Amendments (cont.) Eliminates AYP generally State identifies lowest performing 5% of

schools is for 5 years LEA determines turnaround strategy/plan Implement plan – uses 4 SIG models

HQT = State certification ONLY Paraprofessionals = No change

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Senate BillsSenator Alexander (R-TN) Teacher / Principal Improvement Act (S 1567)

State Level Development of Teacher / Principal Evaluation Systems

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Quality Charter Schools Act (S 1566) Boost Expansion / Replication of

Quality Charters House Already Passed = Likelihood of Passage

HIGH

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Local Education Decision Making Act (S 1569) Consolidate 54 programs into 2 funding

streams Teaching and Learning Safe / Healthy Students

Transferability includes into not out of Title I

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Waiver Authority Restriction (See Waiver Wars)

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Competition vs. FormulaShift towards more competition ED grants currently

85% Formula 15% Comp

Sec. Duncan Proposes 80% 20%

“Encourage and reward innovation”

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Vouchers Vouchers (always)

Will definitely be in play Unlikely to be part of Reauthorization Bill But general discussion of school choice

will play an important role

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ARRA CloseoutED –

All funds must be obligated by September 30, 2011Liquidation – 90 Additional DaysLate Liquidation:

First Additional 15 months – Program Office Approval Subsequent YearsApproval in “extraordinary circumstances” only

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ARRA Closeout Redux ED –

September 24, 2011 email to Chiefs ESEA Formula Funds

Regular and ARRA funds FY 2009 – Expiring September 30, 2011

Inviting SEAs to apply for waiver of Tydings Amendment

Allow obligation until September 30, 2012 October 31, 2011 deadline to request

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Supercommittee met September 8September 13 meetingSeptember 22 meeting, etc.November 8 meeting cancelled

November 18: Deadline for Appropriations budgetNovember 23: Deadline for Supercommittee cuts

Committee is Deadlocked

Meanwhile: House debate on H. Con. Res. 13 to affirm “In

God We Trust” as official motto of U.S. Resolution passed 369 – 9(Congressional approval rating at this time –

9%)

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American Jobs Act

$25B for Elementary and Secondary school construction & Renovation

$30B for Teachers(EDUJobs2)& education professionals

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IDEA ReauthorizationNo Movement

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