President Obama signed the Every Child Succeeds Act (S. 1177) into law last week. This law is the reauthorization of the Elementary and Secondary Education Act, until recently also known as No Child Left Behind. You can read the
text of the law here. You may read the entire report of the House-Senate
Conference Committee here. The Department of Education website has a wealth of
information about the new law here. The White House
fact sheet about the new law is available here. Even more resources about the law are available on the
Policy Insider blog of our friends at the CEC.
There are a few big changes that concern the education of students with disabilities. One is that the highly qualified teacher requirement is removed. Another is that the adequate yearly progress requirements are removed and replaced by a statewide accountability system. The following chart compiled by the Council for Exceptional Children lists the other major changes in the law:
CEC’s Summary of Selected Provisions in Every Student Succeeds Act (ESSA)
In December 2015, the U.S. Congress passed the Every Student Succeeds Act (ESSA), which
reauthorizes the Elementary and Secondary Education Act / No Child left Behind
(ESEA/NCLB). This summary of selected provisions in ESSA is intended to provide CEC
members with information on issues relevant to children and youth with disabilities and gifts and
talents. The summary includes new provisions as well as those provisions eliminated. This
summary is not intended to be exhaustive of all the provisions nor reflective of CEC’s position
on the provision.
General
Transfers authority for accountability, educator evaluations and school improvement
from the federal government to the states and local districts.
Assessments and Accountability
Maintains annual, statewide assessments in reading and math in grades 3 through 8 and
once in high school, as well as science tests given three times between grades 3 and 12.
Repeals adequate yearly progress and replaces it with a statewide accountability system.
Includes the use of multiple measures in school performance.
Maintains annual reporting of data disaggregate by subgroups of children including
students with disabilities.
Maintains with some modifications provisions for a cap of 1% of students with the most
significant cognitive disabilities who can take the alternate assessment aligned to the
alternate academic achievements standards.
Helps states to improve low performing schools (bottom of 5% of schools). Actions will
be determined locally not federally.
Authorizes the use of federal funds for states and local school districts to conduct audits
of state and local assessment systems to eliminate assessments that do not contribute to
student learning.
Standards
Ensures States are able to choose their challenging academic standards in reading and
math aligned to higher education in the state without interference from the federal
government. The federal government may not mandate or incentivize states to adapt or
maintain any particular set of standards, including Common Core.
Funding
Provides $15+ billion a year to states in formula funding, as well as additional funds
through competitive grants.
Maintains maintenance of effort and supplement not supplant, with additional flexibility
for States and local school districts.
Choice for Parents
Improves the Charter Schools Program by investing in new charter school models, as
well as allowing for the replication and expansion of high quality charter school models.
Early Childhood
Authorizes the Preschool Development Grants program. This competitive grant program
will use existing funding to support states that propose to improve coordination, quality
and access for early childhood education and will be administered by the U.S.
Department of Health and Human Services with the Department of Education.
Teacher Effectiveness
Eliminates highly qualified.
Eliminates federally mandated teacher evaluation system.
Includes an option to transfer unlimited amounts of professional development funds out
of Title II.
Encourages states and local school districts to develop teacher and principal residency
and induction programs, support teachers and principals through professional learning
and growth systems and leadership opportunities.
Provides for the allowable use of funds for establishing or expanding teacher preparation
academies.
Portability
Rejects “portability” provisions that would have allowed states to shift federal funds
away from schools that need them most.
Vouchers
Rejects vouchers.
Pay for Success
Adds a pay for success initiative that is defined as a performance – based grant, contract,
or cooperative agreement awarded by a public entity in which a commitment is made to
pay for improved outcomes that result in social benefit and direct cost savings or cost
avoidance to the public sector.
Mental Health
Requires consultation with school psychologists and other specialized instructional
personnel in the development of state and local plans.
Recognizes school – based mental health services as an evidence – based whole – school
improvement and targeted intervention strategy.
Authorizes significant investments for states and districts to implement: comprehensive
school mental health services, efforts to improve school climate and school safety,
strategies to reduce bullying and harassment, and activities to improve collaboration
between school, family and the community.
Gifted and Talented
Authorizes the Javits Gifted and Talented Students Education Act supporting high
ability learners and learning.
Includes strong provisions for the disaggregation of student achievement data by
subgroup at each achievement level on state and local report cards.
Provides options to include the identification of and service to students with gifts and
talents in local education agency plans.
Provides options to include professional development plans for gifted and talented
educators in Title II.
Children with Disabilities
Ensures access to the general education curriculum.
Ensures access to accommodations on assessments.
Ensures concepts of Universal Design for Learning,
Includes provisions that require local education agencies to provide evidence – based
interventions in schools with consistently underperforming subgroups.
Requires states in Title I plans to address how they will improve conditions for learning
including reducing incidents of bullying and harassment in schools, overuse of discipline
practices and reduce the use of aversive behavioral interventions (such as restraints and
seclusion).
So what do you think of the new ESEA?
