Where Congress Stands on ESEA and IDEA Reauthorization Leigh Manasevit, Esq. Brustein & Manasevit, PLLC Spring Forum 2011 [email protected].

Where Congress Stands on ESEA and IDEA Reauthorization

Leigh Manasevit, Esq.Brustein & Manasevit, PLLC

Spring Forum [email protected]

ESEA Reauthorization

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110th Congress: Second Session: ESEA Reauthorization

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ESEA Background

President Johnson’s legacy: The War on Poverty, announced on January 8, 1964 Original Elementary and Secondary

Education Act (ESEA) was signed into law by President Johnson in 1965• ESEA in 1965 = 32 pages • NCLB of 2001 = 670 pages

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ESEA Reauthorization: 2007, ouch!

House Draft Bill imploded for many reasonsUrgency prior to 2008 electionsComplexity of House Discussion Draft identification schemaComplexity of House Discussion Draft intervention schemaUnion antagonism toward teacher effectiveness provisionsGone is the post 9/11 partisan moment. Strange bedfellows

are, again, strangers.

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ESEA Reauthorization: Two Four Years Later

Evolution of data systems and growth modelsProgress (some) with school turnaroundChange in union leadership and strategy – Better

relationships under Secretary Duncan?Democratic/Republican majorities – Healthcare

outcome?

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ESEA Reauthorization Timeline

NCLB Jan 2001 to Jan 2002

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ESEA Reauthorization: Recovery Act and current ESEA Structure

In addition to program changes, there may be fiscal changesReexamine comparabilityReconsider the fundamental structure of federal fiscal

support - Formula vs. CompetitiveIs the 1965 ESEA model appropriate to the contemporary

education reform focus?

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ESEA Reauthorization: Congressional Strategy

Original architects, particularly George Miller (D-CA) remain central

Vulnerable Democrats are strategic Newly elected Republicans looking to introduce

conservative principles Success of Race to the TopRecovery Act accountability fatigue

Inverse relation to Health Care?

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ESEA Reauthorization: Congressional Strategy

Republican strategyReturning to federalist roots?House Committee on Education and Labor Ranking

Member Representative John P. Kline (MN) - Now Chair• "I'm not looking to tweak No Child Left Behind," Kline said. "As far

as I'm concerned, we ought to go in and look at the whole thing." (Nick Anderson, “GOP Leaving ‘No Child’ Behind,” Washington Post, July 13, 2009)

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Education Committees

House Education & WorkforceChairman John Kline (R-MN)Ranking Member George Miller (D-CA)

Senate HELP CommitteeChairman Tom Harkin (D-IA)Ranking Member Michael Enzi (R-WY)

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Senate

Senator Harkin – draft by Easter?Wants 1 big bill

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House

No official timeframeHearings started

February: overviewMarch: regulations6-8 months possible

•Will approach 12 election year

•Chairman Kline – possible numerous small bills

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White House

President Obama, Secretary Duncan:Reauthorization this year

Chairman Kline:Cannot allow an arbitrary deadline to undermine quality

reforms

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Battles

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

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Battles

VouchersWill definitely be in playUnlikely to be part of Reauthorization BillBut general discussion of school choice will play an

important role

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Statement of Principles to Fix the ESEAIssued by 10 moderate Senate Democrats and

Independent Joseph Lieberman

Increase local flexibilityHigher standards but more flexibility to meet themConsolidate programs

Spur innovationScale up success

Reward successNCLB did not reward growth

Transparency and EquityBetter Reporting

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1. Growth Model2. Support SIG 4 models

Transformation Restart Close Turnaround

3. Teachers and Leaders Improve pathways to classroom Evaluate teacher prep by how graduates do

4. Innovations Support RTT, Investing in Innovation (i3), and high quality

Charters5. Close the comparability loophole

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Statement of Principles to Fix the ESEAIssued by 10 moderate Senate Democrats and

Independent Joseph Lieberman

• Sen. Michael Bennet (D-CO) • Sen. Kay Hagan (D-NC) • Sen. Mark Begich (D-AK)• Sen. Thomas Carper (D-DE)• Sen. Chris Coons (D-DE)• Sen. Diane Feinstein (D-CA)• Sen. Herb Kohl (D-WI)• Sen. Mary Landrieu (D-LA)• Sen. Joe Manchin (D-WV)• Sen. Mark Warner (D-VA)• Sen. Joseph Lieberman (I-CT) (caucuses with Democrats)

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Statement of Principles to Fix the ESEAIssued by 10 moderate Senate Democrats and

Independent Joseph Lieberman

Secretary Duncan’s Blueprint

http://www2.ed.gov/policy/elsec/leg/bluep

rint/blueprint.pdf

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A Blueprint for Reform - 7 Sections

1. College Career Ready Students

2. Great Teachers and Great Learners

3. Meeting the Needs of Diverse Learners

4. A Complete Education

5. Successful, Safe, and Healthy Students

6. Fostering Innovation and Excellence

7. Additional Cross Cutting Priorities

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Blueprint

1. College Career Ready Students Revise standards to align with college career readiness Evaluate schools – differential interventions

2. Great Teachers/Great Leaders Statewide (new) definitions HQT but less emphasis on credentials

• More on student achievement

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Blueprint

3. English Language Learners and Other Diverse Learners

More SWD integration to regular program Bilingual education

4. A Complete Education – A New Approach Literacy STEM Common State Standards

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Blueprint

5. Successful, Safe, Healthy Students Promise neighborhoods

• Community services• Family support

Community-wide needs assessment

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Blueprint

6. Innovation and Excellence Expanded options

• Charters• “Autonomous” public schools

7. Additional Cross-Cutting Priorities Flexibility for success????

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Possible Changes – GAO Report

ComparabilityElementary and Secondary Education Act: Potential

Effects of Changing Comparability Requirements. GAO-11-258, January 28.

http://www.gao.gov/products/GAO-11-258

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Possible Changes – GAO Report

Reviewed 3 States, 3 Districts in each

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General Rule- §1120A(c)

An LEA may receive Title I Part A funds only if it uses state and local funds to provide services in Title I schools that, taken as a whole, are at least comparable to the services provided in non-Title I schools.

If all are Title I schools, all must be “substantially comparable”

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GAO Report - Possible Changes

Districts commonly use student – teacher ratios – but other factors drive resource allocation

Weakness in oversight by States

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GAO Report - Possible Changes

Changes in requirements would drive more $ to some Title I schools – but difficult to implement

Challenges:Union contractsTeacher seniority rights

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GAO Report - Possible Changes

Use of per pupil expenditures by school

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Race to the Top

Highly CompetitiveFocus on low(est) performing schoolsHighly structured and detailedIncentives ($) to implement ED prioritiesSecretary Duncan specifically defended the 4 SIG

turnaround modelsRTT coordinated with SIG

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Race to the Top

Eligibility RequirementsNo bar to linking teacher and principal evaluation

to student achievement (absolute)No barriers to Charter Schools (competitive)

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School Improvement Grants SIG-1003g

2 pages in the Law – Section 1003gHistorically not well fundedARRA provided $3 billionSecretary Duncan issued 86 page guidance

document February 2011

http://www2.ed.gov/programs/sif/sigguidance02232011.pdf

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SIG-1003g

Very prescriptive3 tiers of schools4 intervention models – Secretary Duncan defends

4 modelsSASA team reviews for 2011 to focus only on SIG

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SIG-RTT Common Elements

Whole school approachAll students All staff: including principals

Focus on lowest performing schools Intense embedded PD

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Other Reauthorization Issues

AYP – Admin – Scrap and Replace

With college and career readinessBenchmark - certainly move to growth

model

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Other Reauthorization Issues

Failure to make AYPCenter for Education Policy Study

http://www.cep-dc.org/cfcontent_file.cfm?Attachment=Usher_FourYearsAYPTrends_121610.pdf

Districts Failing AYP2006 29%2009 36%

Schools Failing AYP2006 29%2009 33%2013- 2014 SY 100% proficient: Required

• Causing sharp increases in target levels 38

Secretary Duncan:82% of schools could fail AYP this year (10-11)

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Other Reauthorization Issues

Other Reauthorization Issues

Class size reduction Secretary says may not be that important

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Other Reauthorization Issues

HQTMove to RTT type evaluation based on

student achievement

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US ED SASA Monitoring – Top Ten Findings in Frequency

1. Private Schools Consultation Failure to evaluate Failure to maintain control Contracting Student selection

(not based on poverty!!!)

2. Parental Involvement 95% of reservation to schools Equitable participation

3. Parental Involvement Choice/SES notifications Teacher qualifications

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Top Ten Findings (cont…)

4. Fiscal comparability supplanting time and effort

5. District Report Cards missing elements

6. Choice options not on website

7. State Report Cards missing elements

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Top Ten Findings (cont…)

8. Parental Notification Choice and SES options

9. Paraprofessional qualifications

10. SES Information not on websites

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IDEA Reauthorization

Last 2004Next ??

Little movement

Chairman Klein supports full fundingMcMorris-Rodgers amendment to spending bill undid

proposed cuts in draft spending billRepublican rank and file support?

May go before ESEA

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