Every Student Succeeds Act (ESSA) Orientation Presented by Assistant Commissioner Ira Schwartz

1. Every Student Succeeds Act (ESSA) OrientationPresented by Assistant Commissioner Ira Schwartz

2. Background Information • The Elementary and Secondary Education Act (ESEA) was signed into law in 1965 by President Lyndon Baines Johnson, who believed that "full educational opportunity" should be "our first national goal." From its inception, ESEA was a civil rights law. • The ESEA was last reauthorized in 2001 as the No Child Left Behind Act. • A Joint House-Senate Conference Committee reported out the “Every Student Succeeds Act” (ESSA) to both houses on November 30, 2015. • December 2, 2015: The ESSA was passed by the US House of Representatives. • December 9, 2015: The ESSA was passed by the US Senate. • December 10, 2015: President Obama signed the bill into law. • December 2015 and January 2016: United State Department of Education (USDE) issued “Dear Colleague” letters. • February and May 2016: USDE issued ESSA Transition FAQ. • March and April 2016: USDE conducted negotiated rulemaking sessions on supplement not supplant, standards and assessments. • May 2016: USDE issued draft rulemaking on accountability, data reporting and state applications. • July 2015: USDE issue draft rulemaking on assessments. • August 2016: USDE released proposed regulations to implement the requirement in Title of ESEA that federal funds must supplement, and may not supplant, state and local funds.

3. Major Programs Funded Through the Every Student Succeeds Act (ESSA) • Title IA: Funding for Schoolwide Programs and Targeted Assistance Schools • Title IB: State Assessment Grants • Title IC: Education of Migratory Children • Title ID: Prevention and Intervention Programs for Children & Youth Who are Neglected, Delinquent and At-Risk • Title II: Preparing, Training and Recruiting High Quality Teachers, Principals and Other School Leaders • Title III: Language Instruction: English Learners and Immigrant Students • Title IV: 21st Century Schools, Charter Schools, Magnet Schools, Family Engagement, Education Innovation and Research, Promise Neighborhoods, School Safety, and Academic Enrichment • Title V: Rural Schools • Title VI: Indian, Native Hawaiian, and Alaska Native Education • Title VII: Impact Aid • Title IX: Homeless Children and Youth

4. Overview of ESSA - Development of State Plan Requirements: ‘‘…developed by the State educational agency with timely and meaningful consultation with the Governor, members of the State legislature and State board of education (if the State has a State board of education), local educational agencies (including those located in rural areas), representatives of Indian tribes located in the State, teachers, principals, other school leaders, charter school leaders (if the State has charter schools), specialized instructional support personnel, paraprofessionals, administrators, other staff, and parents.”

5. Webinar Overview The purpose of this webinar is to engage key stakeholders and to give them an opportunity to provide feedback regarding the creation of the ESSA Plan. This presentation will provide an overview of: • ESSA Statutory Accountability Provisions • ESSA Proposed Rulemaking • New requirements and opportunities presented within ESSA • An overview of next steps the Department plans to take toward finalizing the ESSA Plan

6. The BIG Picture • Some provisions of NCLB and/or of the ESEA flexibility waiver, especially as related to assessment and reporting requirements, are maintained. • There are areas where states now have (significantly) more flexibility than under NCLB or the ESEA flexibility waiver, particularly in terms of standards, supports and interventions for identified schools, and educator evaluation systems. • The Secretary’s authority to issue regulations and non-regulatory guidance in order to interpret the provisions of the statute have been significantly circumscribed. • More funding is now distributed through block grants.

7. Timeline • ESEA Flexibility Waiver sunset on August 1, 2016 except for certain provisions related to Priority and Focus Schools. • Some provisions of ESSA, such as those pertaining to homeless youth take effect later this year. • However, most of the provisions of ESSA, especially those related to allocational grant funds, do not take effect until the 2017-18 school year. Consequently there are special transition rules for 2016-17. • Accountability provisions of ESSA begin with the 2017-18 school year, or possibly later.

8. Overview of the Every Student Succeeds Act Standards Requirements: • States must provide assurances that they have adopted “challenging” academic standards in mathematics, language arts & science. • Standards must be aligned to college and career/technical education standards. • Standards must include no less than three levels of achievement. • Standards must include English language proficiency standards that assess the proficiency levels of English learners. • Standards do not have to be Common Core Learning Standards. Opportunities: • More flexibility for States in developing and implementing state standards. • States need not submit their standards to USDE for review, but states must demonstrate alignment to college and career/technical education standards.

9. Overview of the Every Student Succeeds Act Assessments Requirements: • In English language arts and mathematics, students must be tested annually in grades 3-8 and once in high school. • In science, students must be tested once in elementary, middle, and high school. • Assessments must include multiple up-to-date measures of student academic achievement. • Assessments must be aligned to the state’s “challenging academic standards.” Opportunities: • States may administer either a single summative test or multiple state-wide interim tests that are combined to create a single summative score. • Tests may be partially delivered in the form of portfolios, projects, or extended performance tasks. • States may use computer adaptive assessments with the option to use on grade level, above grade level, and below grade level items to measure student proficiency. • More flexibility in score reporting provisions could allow for shorter tests. • Districts, with State approval, can choose to use a nationally-recognized high school academic assessment, such as the ACT or SAT, in lieu of a state assessment. • The grade 8 “double testing” waiver continues with the caveat that students impacted by waiver must take a more advanced math assessment in high school.

10. Overview of the Every Student Succeeds Act Assessment of English language learners Requirements: • States must demonstrate that local educational agencies in the State will provide for an annual assessment of English proficiency of all English learners. • States can include former English language learners in the ELL subgroup for up to four years. Under ESEA, they could only be included for two years. • States can exempt newly arrived English Language Learners (ELLs) based on specific options (provided below). Opportunities: • Two options states have for testing recently arrived English language learners (ELL) are to: • Exclude ELLs from one administration of the ELA assessment and exclude results on language arts and math assessments for the first year of enrollment for accountability purposes, or • Test ELLs in the school year in which they arrive, but instead of using that score to determine school accountability in the first year, incorporate the results into a measure of growth to be used in school accountability in the second year after arrival. In the third year and beyond, student proficiency results must be used for accountability purposes. This is the model currently approved for use in Florida.

11. Overview of the Every Student Succeeds Act Assessment of Students with Disabilities Requirements: • States must continue to not exceed having more than 1% of students in the state assessed using alternative assessments for students with severe cognitive disabilities. • States may not impose on any local educational agency a cap on the percentage of students administered an alternate assessment. Opportunities: • States may apply to the Secretary of Education to exceed the one percent state cap. Districts can apply for a waiver of this limit – but must provide a justification. • States may now administer computer adaptive exams with an option to measure student proficiency and growth with items above or below a student’s grade level. This provision will be helpful in effectively assessing both students with disabilities and English language learners.

12. Overview of the Every StudentSucceeds Act Participation Rate and Assessment Time Requirements: • States must continue to assess the achievement of not less than 95% of all students and student subgroups using Title I State assessments. • In some cases, States may have to count students who are not assessed as “not proficient.” (Awaiting USDE confirmation of this interpretation.) Opportunities: • States have the ability to decide the consequences for schools failing to meet the participation requirement. • States may set a “target limit” on the aggregate amount of time used for test administration for each grade as a percentage of annual instructional time. (Already the law in New York.) • Funding is provided for states to develop and administer assessments required by the ESSA.

13. ESSA Statutory Accountability Provisions – Participation Rate • The law requires that each state must: “Calculate any measure in the Academic Achievement indicator under 200.14(b)(1) so that the denominator of such measures for all students and all students in each subgroup includes the greater of – (i) 95 percent of all students in the grades assessed who are enrolled in the school; or (ii) The number of all such students enrolled in the school who are participating in the assessments required under section 111(b)(2)(B)(v)(I) of the Act.” Note: According to USDE draft rulemaking on reports cards, when reporting students at each level of achievement, the state must report both the results using the methodology above and one in which the denominator is the number of students with a valid test score.

14. ESSA Statutory Accountability Provisions – Participation Rate • What this means: • School A has 100 students who are required to participate in State assessments. Of these, 97 participate and 97 achieve a score of proficiency. For accountability purposes, proficiency will be calculated as 97/97 or 100%. • School B has 100 students who are required to participate in State assessments. Of these, 80 participate and 80 achieve a score of proficiency. For accountability purposes, proficiency will be calculated as 80/95 or 84%.

15. Overview of the Every Student Succeeds Act Accountability Requirements: Schools will be held accountable for: • Language Arts/Reading, Mathematics, Graduation rate (which could be measured based upon a four year or an extended year graduation cohort). • At the high school level a measure of student growth,if determined appropriate by the State. • At the elementary and middle school level, a measure of student growth or another valid and reliable statewide academic indicator that allows for meaningful differentiation in school performance. • Progress of English learners in achieving English language proficiency. • Not less than one indicator of school quality or student success. Opportunities: • Non-academic indicators can be part of the State accountability system. • States can choose the indicator(s) of school quality or success. • States can choose to include a measure of growth, and can use an extended graduation rate. • States may use student growth or another valid and reliable statewide academic indicator for elementary and middle school accountability. • States have flexibility in developing the methodology for using indicators to differentiate among schools.

16. Overview of the Every StudentSucceeds Act Accountability NY State’s ESEA Flexibility Waiver sunsets on August 1, 2016. Requirements: • NY State must develop an accountability plan for submission to the USDE that establishes the following: • Ambitious long-term goals. • A system for annual measurement of all students and each subgroup. • A system that allows the State to annually differentiate among schools based on performance indicators for all students and for each student subgroup. • A methodology for identification of schools in need of intervention and criteria by which schools can exit accountability status. • A process for determining state and district action in schools identified as in need of intervention through required improvement plans.

17. Overview of the Every StudentSucceeds Act Methodology for Identifying Schools Requirements: • States are required to establish a policy to identify the following groups of schools to be placed in one statewide category for comprehensive support and improvement. • At least five percent of the lowest performing Title I schools in the State. • All high schools that are failing to graduate more than one-third of students. • Schools with subgroup(s) that are consistently underperforming in the same manner as a school in the lowest five percent category for a period of time that is determined by the State. • Identification shall begin with the 2017-18 school year, and shall occur at least once every three years. • Proficiency results for students who have attended a school for less than half of the academic year will not be included in making school accountability determinations, but must be included in State and local report cards. • Exit criteria must be established for schools to be removed from accountability status. Opportunities: • States have broad discretion to determine the methodology for identification of schools and the weighting to assign to accountability indicators. • States may choose to identify other categories of schools for intervention.

18. Overview of the Every StudentSucceeds Act Required Improvement Plans • Schools identified for being in the bottom five percent as well as those identified for high school graduation rate must develop a Comprehensive Support and Improvement Plan. • The district for each identified school must partner with stakeholders to develop and implement a plan that is informed by the indicators in the State accountability system. • Plans must include evidence based interventions and identify resource inequities, inclusive of district and school budgets; plans must be approved, monitored and reviewed by the State.

19. Overview of the Every StudentSucceeds Act Required Improvement Plans (continued): • Schools identified for consistent underperformance of a subgroup must develop a Targeted Support and Improvement Plan. • This plan must be approved and monitored by the district. • If the subgroup’s underperformance is the only reason for the school’s identification, the plan must identify resource inequities to be addressed through the plan. • The district must implement additional action in the school if the school does not improve after a period of time that is determined by the district. • If the school does not improve within the time determined by the State, the State must identify the school for a Comprehensive Support and Improvement Plan. • Transfer high schools are subject to different improvement activities and the State may permit a school that enrolls fewer than 100 students and that is identified for graduation rate to forego improvement activities.

20. Overview of the Every Student Succeeds Act Required Improvement Plans and Opportunities • States can determine the specific school improvement strategies that must be implemented in identified schools. • Different improvement activities may be used for transfer high schools and the State may permit a (Local Educational Agency) LEA to forego improvement activities in high schools that enroll fewer than 100 students and are identified for graduation rate. • States may, but are not required to, take action to initiate additional improvement in any local educational agency with: • a significant number of schools that are consistently identified by the State for comprehensive support and improvement and not meeting exit criteria established by the State; or • a significant number of schools implementing targeted support and improvement plan. • States may establish alternative evidence-based State determined strategies that can be used by local educational agencies to assist a school identified for comprehensive support and improvement.

21. ESSA Statutory Accountability Provisions: Definition of Evidence-Based (21) EVIDENCE-BASED.— The term ‘‘evidence-based,’’ when used with respect to a State, local educational agency, or school activity, means an activity, strategy, or intervention that— (i) demonstrates a statistically significant effect on improving student outcomes or other relevant outcomes based on— (I) strong evidence from at least 1 well-designed and well-implemented experimental study; (II) moderate evidence from at least 1 well-designed and well-implemented quasi-experimental study; or (III) promising evidence from at least 1 well designed and well-implemented correlational study with statistical controls for selection bias; or (ii)(I) demonstrates a rationale based on high quality research findings or positive evaluation that such activity, strategy, or intervention is likely to improve student outcomes or other relevant outcomes; and (II) includes ongoing efforts to examine the effects of such activity, strategy, or intervention.

22. Overview of the Every StudentSucceeds Act Title I State Set-Aside for School Improvement and 1003(g) School Improvement Grants Requirements: • 1003(g) School Improvement Grants have sunset and will no longer be funded once ESSA is fully implemented. • States shall reserve the greater of 7% of the state’s Title I allocation or the Fiscal Year 2016 reservation plus the amount received under 1003(g) for Fiscal Year 2016 to support school improvement activities. • States must allocate 95% of this reservation to districts, but may distribute funds on a formula or competitive basis to identified schools. Opportunities: • With the districts’ permission, states may choose to use the funds to provide direct services to districts. • Districts may use funds to develop Comprehensive Support or Targeted Support Improvement Plans; support schools in implementing the improvement plans; and/or monitor identified schools. • USDE cannot require states to implement specific activities with these funds.

23. ESSA Proposed Rulemaking

24. USDE Release of Proposed Regulations for ESSA • The U.S. Department of Education (USDE) officially published a Notice of Proposed Rulemaking (NPRM) in the Federal Register on three separate instances regarding: accountability, reporting, and state plans; assessments, and supplement not supplant. • Following a review of public comment, USDE will issue final rulemaking. • Under the draft rulemaking states may choose to submit their applications on either March 6, 2017 or July 5, 2017.

25. USDE Release of Proposed Regulations for ESSA The draft rulemaking typically does one of three things: • Restates the provisions of statute. • Provides additional definitions or details regarding implementation of the statute. • Adds requirements not explicitly continued in the statute.

26. Every Student Succeeds Act (ESSA) –Release of Proposed Regulations In this portion of the webinar, we will review the draft regulations for these areas: • Indicators of Student and School Progress • Definition of Subgroup, and N-size • State Assessment Participation • Draft Rulemaking on Assessments • School Identification • School Improvement • Submission of Consolidated State Plans

27. ESSA Proposed Regulations: Indicators Note: all indicators must include at least 3 levels of performance.

28. ESSA Proposed Regulations: Indicators (cont.)

29. ESSA Proposed Regulations: Structure of the Proposed Changes to Title 1 Part A Assessment Regulations State responsibilities for Title 1 Part A assessments include: • New clarifications based on amendments in the ESSA. • A new section on locally selected, nationally recognized high school academic assessments will be added. • A new subsection on the exception for advanced eighth-grade mathematics will be included in the ESSA Plan for States that give end-of-course high school mathematics tests. • Inclusion of all students, specifically students with disabilities and English learners • Amendments that update terminology or citations in keeping with the ESSA.

30. ESSA Proposed Regulations:State Responsibilities for Assessment General Assessment Requirements (continued) ESSA draft rulemaking requires that: • States have flexibility in the format of assessment, which can include a single summative assessment or multiple interim assessments, administered statewide, through the course of the academic year. • Assessments should involve multiple up-to-date measures and may include portfolios, projects, or extended performance tasks. • States must be able to disaggregate assessment data and produce individual score reports. • States can use computer-adaptive assessments as long as the tests measure a student’s academic proficiency based on challenging State academic standards for the grade in which the student is enrolled. • States must provide understandable information to parents, including those with disabilities or limited English proficiency.

31. ESSA Proposed Regulations: Definition of A Nationally Recognized High School Academic Assessment “Nationally recognized high school academic assessment” means an assessment of high school students’ knowledge and skills that is administered in multiple States and is recognized by institutions of higher education in those or other States for the purposes of entrance or placement into courses in postsecondary education or training programs.

32. ESSA Proposed Regulations: School Identification • Identification for Comprehensive Support under new accountability structure must take place for the 2017-18 school year, based on data available in the 2016-17 school year. • Identification of schools with consistently underperforming subgroups for Targeted Support does not have to take place until the 2018-19 school year. • All schools must receive a single summative rating, from at least 3 rating categories.

33. ESSA Proposed Regulations: Identification for Comprehensive Support and Improvement • Data can be averaged over a period of up to 3 years. • Identification must take place at least once every 3 years. • Would require that states use four-year adjusted cohort graduation rate (excludes use of extended year graduation rate).

34. ESSA Proposed Regulations: State Assessment Participation • States must use one of four methods to respond to participation rates that fall below the 95 percent threshold (all students or subgroup): • Lower summative performance rating, • Lowest performance level on academic proficiency indicator, • Identification for targeted support and improvement, or • State-determined action that is rigorous and approved by USDE. • Schools not meeting the 95 percent participation requirement must develop an improvement plan that is approved and monitored by the local educational agency. • LEAs with a significant number of schools must implement improvement plans reviewed and approved by the state.

35. ESSA Proposed Regulations: Identification for Targeted Support and Improvement • Requires the establishment of a uniform, statewide definition of consistently underperforming subgroups that allows for the identification of subgroups, based on at least one of the following factors: • Whether a subgroup is on track to meet state’s long-term goals • Whether a subgroup is at or below a state-determined threshold • Whether a subgroup is performing at the lowest performance level on one of the State’s annual indicators • Whether a subgroup is performing significantly below the state average for all students • Another, state-determined factor • Schools with one or more subgroups performing at or below the level of Comprehensive Support and Improvement schools (bottom 5%) must also be identified.

36. ESSA Proposed Regulations: School Interventions • Allows schools, districts, and states to select evidence-based intervention or strategy tailored to local needs. • Each plan must include at least one evidence-based strategy, and the regulations do not prescribe a specific level of evidence, but refer to the definition under Title VIII. • States may establish a list of approved interventions. • Comprehensive and additional targeted support school plans must also review resource inequities, including per-pupil expenditures and access to ineffective, out-of-field, or inexperienced teachers. • States and districts must set meaningful exit criteria that expect improved student outcomes, and require additional actions in schools where initial interventions do not improve those outcomes. • The implementation of school improvement plans may include a planning year.

37. ESSA Proposed Regulations– School Improvement Plans • In order to ensure that stakeholders, including parents, teachers, principals, and other school leaders are engaged: • Parents must be notified if their student attends an identified school and told how they can engage in developing the plan. • The plans must be publically available. • The plans must describe how stakeholder input was received and any changes that were made as a result. • Districts must review and approve targeted support plans. • States and districts must review and approve comprehensive support plans.

38. ESSA Proposed Regulations – Funding Under Section 1003 • According to USDE draft rulemaking, states must direct funds set aside for school improvement (i.e., funds under section 1003) to districts with schools most in need of support: • States may distribute funds by formula or competitively, but must consider schools with the “greatest need” and “strongest commitment” via a district application. • Districts that receive funds for school improvement must receive a minimum of $500,000 for each comprehensive support school it serves and $50,000 for each targeted support school, unless the state determines that a smaller amount is sufficient. • States must provide technical assistance, as well as monitoring, to districts to oversee and improve the use of funds for evidence-based interventions. • States must also engage in ongoing efforts to evaluate the use of these funds for evidence-based interventions to improve student outcomes.

39. ESSA Proposed Regulations re: Consolidated State Plans • Components • Consultation and Coordination • Challenging Academic Standards and Aligned Assessments • Accountability, Support, and Improvement for Schools • Supporting Excellent Educators • Supporting All Students Submission and Review • States have the option to submit by either March 6 or July 5, 2017 • Review (and any necessary revision) of state plan is required to take place at least every four years

40. Regional Meetings and Webinars • District Superintendents and Superintendents of Big Five School Districts have been asked to conduct Regional Invitational Meetings in October/November. • Meetings are intended to provide feedback to NYSED on the key concepts that the Department is considering for incorporation into the state’s ESSA plan. • In preparation for and during these meetings, District Superintendents should: • Utilize materials and training (“meeting in a box”) provided by NYSED; • Organize meetings; • Prepare and send invitations; • Make a brief presentation; • Record comments; • Synthesize comments and forward them to NYSED. • After each Regional meeting, participants will have an opportunity to provide feedback via a survey link specific to each meeting date. • In addition to the in person Regional meetings, short webinar recordings introducing topics specific to ESSA, the Characteristics of Highly Effective Schools and Guiding Principles, will be made available on line at: http://www.p12.nysed.gov/accountability/essa.html.

41. Communicating with the General Public Regarding ESSA NYSED has created a public website on ESSA, which includes: • Board of Regents items related to ESSA • ESSA Law • USDE Proposed Regulations on ESSA • Resources • Upcoming webinars. The website is located at http://www.p12.nysed.gov/accountability/essa.html

42. Next Steps The Department will: • Continue to work with the Think Tank and Community of Practitioners in creating concepts to be incorporated into ESSA planning meetings. • Use the Characteristics of Highly Effective Schools And Guiding Principles as the basis for development of a draft state plan. • Use Feedback from Regional Meeting to refine the “high level concepts” to include in the state plan. • Seek permission from the Board of Regents to release the draft plan for formal public comment. • Conduct Public Hearings in order to gain feedback on the draft ESSA Plan. • Give the Governor an opportunity to comment on the ESSA Plan. • Submit to ESSA Plan USDE after approval by the Board of Regents by Monday, March 6, 2017.

43. Contact Information • For further information regarding Regional Meetings, please contact your BOCES District Superintendent or Big 5 Representative. • Please send questions/concerns regarding ESSA to ESSA@NYSED.GOV.