Transcript ESEA… This Law Failed, So Change it, Maybe? Without

Status of ESEA, IDEA,
Perkins, AEFLA and
WIA Reauthorizations
Leigh Manasevit, Esq.
[email protected]
Michael Brustein, Esq.
[email protected]
Brustein & Manasevit, PLLC
Fall Forum 2012
ESEA…
This Law Failed, So Change it, Maybe?
Without Reauthorization?
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Where’s Waldo?
Mentions of NCLB are going, going…
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…gone.
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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) to Lamar
Alexander(R-TN)
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Reauthorization Under Obama White House
and Duncan Department of Education
Race to the Top (RTT)
• Began with ARRA
• Virtually no Congressional direction
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Race to the Top (RTT) State: 3 Phases
• Lengthy applications – hundreds of
pages
• Over 40 items for scoring
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RTT – State Priorities
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Educational Reform
Stakeholder Support
Raising Achievement
Closing GAP
Common Standards
– High Quality Assessments
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RTT – State Priorities (cont.)
• Improved Data
• Teacher and Principal Effectiveness Achievement
• Lowest Achieving Schools
• Charters and Other Innovative
Schools
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School Improvement Grants (SIG)
1003g
• Existed as small program before
ARRA (Since NCLB)
• Statute is 1.25 pages long –
– Directs use of funds for lowest achieving
schools
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SIG 1003g
• After ARRA…
–Nearly 90 pages of “guidance”
–Mandatory definitions for school
eligibility
• “Persistently lowest achieving
schools”
• Tiers 1-3
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SIG 1003g
• 4 mandatory turnaround models
–Turnaround
–Restart
–Closure
–Transformation
(Emphasis on High School graduation)
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SIG 1003g
• Flexibility on Basic Title I
Requirements
–Schoolwide
–Title I “Eligible”
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FAUX REAUTHORIZATION:
WAIVERS
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June 28, 2011 Congressional Research Service
(CRS) Report on Secretary of Education’s
Waiver Authority
1. ED has the authority to waive accountability
provisions of Title I, Part A
2. It is unclear if Secretary can condition a
waiver on other action(s) not required by
law
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“ESEA Flexibility”
September 23, 2011
• 10 provisions subject to waiver – all or
nothing
1. 2013-2014 timeline
2. School improvement consequences
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“ESEA Flexibility”
September 23, 2011
3. LEA improvement identification
4. Rural LEAs
5. Schoolwide
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Waivers
6. School Improvement
7. Reward Schools
8. HQT Improvement Plans
9. Transferability
10. SIG
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Waivers
• Optional #11
–21st Century Community Learning
Centers
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New Waiver #12
• No AYP determination for LEAs or
Schools
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New Waiver #13
• LEA may serve Title I eligible priority
high school with graduation rate
under 60% without regard for rank
and serve???
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New Waiver Not Numbered
• 11-12 assessment use 10-11 AMOs
• For waiver intent
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RTT Local Competition Proposal
Released
• June 7, 2012 Letter to Secretary Duncan by
National Governors Association, Council of
Chief State School Officers, National
Association of State Boards of Education
– “States have the primary responsibility for educating their
students…”
• June 8, 2012 letter to Secretary Duncan
National School Boards Association
– “SEA’s have formal and extensive education expertise and
missions, but they are not responsible for delivering
educational services at the local level. Education is
provided by local school districts…”
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ED Opens RTT to Districts, Groups of
Districts
• 116 page application
• Minimum 2000 students (less than ½ US
Districts)
• Can band together
• Nearly 900 intend to apply
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RTT-D
• Executive Summary (22 pages)
• FAQs (50+ pages)
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House
•Chairman Kline’s small bills
•Eliminating some federal education programs
(passed Committee)
•Promoting Charter expansion and replication
(passed)
•Only one of these bills with bipartisan support
•Increasing funding flexibility (passed Committee)
•Student Success Act, H.R. 3989
•Passed Committee on February 28, 2012
•Encouraging Innovation and Effective Teachers
Act, H.R. 3990
•Passed Committee on February 28, 2012
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A Bill That Will Not Become Law But May
Influence the Debate
Chairman Kline Flexibility Bill (H.R. 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
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Student Success Act (H.R. 3989) and Encouraging
Innovation and Effective Teachers Act (H.R. 3990)
• Eliminates AYP – Returns responsibility to
States
• Eliminates mandatory interventions
• Retains SEA/LEA Report Cards
• Allows Greater Transferability
• Removes MOE
• Eliminates 40% threshold for SW
• Requires teacher and principal evaluations
with student achievement as significant factor
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The Harkin Bill: Key Changes
• No more AYP or 100% proficiency goal
– State-designed assessments and
accountability systems
• No longer label schools passing or “in
need of improvement”
– Federally mandated focus on bottom
5% of schools
• Codifies Race to the Top, Invest in
Innovation
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Harkin Bill: Conflict and Quick Capitulation
…er… Resolution with Teachers
• 1st Draft conditioned Title II funding on
implementation of teacher/principal
evaluations
• Unions and others came out strongly against
this provision
• Original draft modified to make evaluations
suggested, but not required
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Status of IDEA Reauthorization
• No action but overdue
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Status of Carl Perkins CTE
Reauthorization
Vocational Education Act of 1963 P.L. 88-210
(Pioneer of State Administered Programs)
• Sole state agency concepts
• State Plan / Local Plan
• Carrot / stick
Affirmative Action
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Amendments
1968
1976
1984
Perkins I
1990
Perkins II
1998
Perkins III
2006
Perkins IV
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Perkins IV
• Authorized through FY 2012
• Section 422 of GEPA
–Contingent extensions of programs
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Projected Time Table?
• Not likely to be reauthorized in 2013
• If reauthorized in 2014 transition year would
be 2015
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Common Fears!
• Folded into ESEA
NO!
• Eliminate federal support for secondary CTE
NO!
• Moved to DOL
NO!
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Administration’s CTE Blueprint
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Alignment
Collaboration
Accountability
Innovation
See Overview of the Existing Perkins Act and Proposed Reforms
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CTE Community Opposes
• Shift from formula to competition
• Secondary/postsecondary consortia
• Required match from business
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STATUS OF AEFLA
REAUTHORIZATION
Workforce Investment Act of 1998
• Title II
AEFLA
• Authorized through 2003
• Augmented DOL role?
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AEFLA Is Noncontroversial
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Delay due to WIA issues
EL Civics folded in
Contingent extension
Multiple year funding
Federal awards not bifurcated
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STATUS OF WIA REAUTHORIZATION
• Authorized through 2003
• Last five Congresses tried but failed to
reauthorize
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• ETA/DOL has issued so many waivers that
original law’s structure is not in place
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Most significant stumbling block…
• …role of faith based providers
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Changes Agreeable to Both Parties:
• Streamlined State and Local WIBs
• More private industry/business control
• Simpler and less onerous accountability and
data
• Authority for One-Stops to contract out
services
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Changes Not Agreeable to Both Parties
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Consolidation of Funding Streams
Eliminate Title III - Wagner-Peyser Act
Reduction of $ for In-School Youth
Role of Faith-Based Providers
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Disclaimer
This presentation is intended solely to provide
general information and does not constitute legal
advice. Attendance at the presentation or later
review of these printed materials does not create
an attorney-client 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.
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