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

1. ESEA and IDEA Reauthorization:Status, Issues, Timing, Where Congress Stands Leigh Manasevit, Esq. lmanasevit@bruman.com Brustein & Manasevit, PLLC Fall Forum 2011

2. ESEA Reauthorization

3. ESEA Reauthorization: 2007, ouch! • 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

4. ESEA Reauthorization Timeline • NCLB Jan 2001 to Jan 2002

5. Education Committees • House 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)

6. House • No official timeframe • Approaching 2012 election year • Chairman 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)

7. White House • President Obama, Secretary Duncan: • Reauthorization this year- urgent • Chairman Kline: • Cannot allow an arbitrary deadline to undermine quality reforms • Senate Vote?

8. Secretary Duncan’s Blueprinthttp://www2.ed.gov/policy/elsec/leg/blueprint/blueprint.pdfNot quite deceased but definitely on life support R.I.P.

9. A Blueprint for Reform - 7 Sections • College, Career Ready Students • Great Teachers and Great Learners • Meeting the Needs of Diverse Learners • A Complete Education • Successful, Safe, and Healthy Students • Fostering Innovation and Excellence • Additional Cross Cutting Priorities

10. Contentious Concepts • Formulas, 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

11. Faux Reauthorization: Waivers

12. The Bill That Might Become Law

13. The Harkin Bill • 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

14. The Harkin Bill: Key Changes • 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

15. The Harkin Bill: Other Significant Provisions • 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)

16. The Harkin Bill: Other Significant Provisions • 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

17. The Harkin Bill: What Stays the Same • 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

18. The Harkin Bill: Major Changes in Markup • Procedural drama • Alexander 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 turnaround • Burr Amendment • Changes Title II allotment to strike provision requiring each State gets at least 2001 allocation

19. 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?

20. The Harkin Bill: What’s Next • Hearing in Committee November 8th • Place on Senate Calendar • Debate on the Senate Floor, amend, and vote • Conference and/or negotiations with House

21. What Could Derail the Harkin Bill? • Political Differences • Between parties AND within parties • Lack of support from advocates • Not 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

22. 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

23. 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

24. 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

25. Support for Flexibility Bill • American Association of School Administrators • National School Boards Association

26. 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”

27. ESEA Amendments (S 1571) – (Republican)Rep. Isaakson (R-GA) • Require college/career ready standards • Secretary may not • Specify • Define State standards • Prescribe assessments

28. Senate – BillsESEA Amendments (cont.) • LEA Report Card • Includes per pupil expenditures x school • Possible signal of new approach to comparability

29. 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

30. Senate BillsSenator Alexander (R-TN) • Teacher / Principal Improvement Act (S 1567) • State Level Development of Teacher / Principal Evaluation Systems

31. Quality Charter Schools Act • (S 1566) Boost Expansion / Replication of • Quality Charters • House Already Passed = Likelihood of Passage HIGH

32. 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

33. Waiver Authority Restriction • (See Waiver Wars)

34. Competition vs. Formula Shift towards more competition • ED grants currently • 85% Formula • 15% Comp Sec. Duncan Proposes • 80% • 20% “Encourage and reward innovation”

35. 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

36. ARRA Closeout • ED – • All funds must be obligated by September 30, 2011 • Liquidation – 90 Additional Days • Late Liquidation: • First Additional 15 months – Program Office Approval Subsequent Years • Approval in “extraordinary circumstances” only

37. 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

38. Supercommittee met September 8 September 13 meeting September 22 meeting, etc. November 8 meeting cancelled November 18: Deadline for Appropriations budget November 23: Deadline for Supercommittee cuts Committee is Deadlocked

39. 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%)

40. American Jobs Act • $25B for Elementary and Secondary school construction & Renovation • $30B for Teachers(EDUJobs2)& education professionals

41. IDEA Reauthorization • No Movement

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