ESEA and IDEA Reauthorization Status Issues Timing Where

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 (DCA) 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 Blueprint http: //www 2. ed. gov/policy/elsec/leg/blue print/blueprint. pdf Not quite deceased but definitely on life support R. I. P.

9 A Blueprint for Reform - 7 Sections 1. 2. 3. 4. 5. 6. 7. 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 locallydriven 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 STEM emphasis on: 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 8 th 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 State Alexander (R-TN) 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 Prescribe State standards assessments

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

29 Senate – Bills ESEA 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 = State certification ONLY Paraprofessionals = No change HQT

30 Senate Bills Senator 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 (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 $25 B for Elementary and Secondary school construction & Renovation $30 B for Teachers(EDUJobs 2)& education professionals

41 IDEA Reauthorization No Movement

42 This presentation is intended solely to provide general information and does not constitute legal advice or a legal service. This presentation does not create a clientlawyer relationship with Brustein & Manasevit, PLLC and, therefore, carries none of the protections under the D. C. Rules of Professional Conduct. Attendance at this presentation, a later review of any printed or electronic materials, or any follow-up questions or communications arising out of this presentation with any attorney at Brustein & Manasevit, PLLC does not create an attorneyclient relationship with Brustein & Manasevit, PLLC. You should not take any action based upon any information in this presentation without first consulting legal counsel familiar with your particular circumstances.