Federal Education Update
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FEDERAL EDUCATION UPDATE
Association of Education Service Agencies
Colorado Springs, CO
December 1, 2011
OVERVIEW
ESEA
Reauthorization
Waivers
Title I Formula Fairness
Appropriations
FY12
Super Committee/Deficit Commission
IDEA Full Funding
Ed Tech
Child Nutrition
Rural Education
Other Topics
Advocacy Resources
CLIMATES
Funding
Political
Partisan. Middle ground moderates are gone.
Gearing up to an election year
Federal
Continued recession at state and local level
Cessation of ARRA/EduJobs
Actual and anticipated cuts from FY11 and FY12
Anticipated cuts from Debt Ceiling
Commission/Sequestration
Gridlock between House and Senate
State
State legislatures were heavily impacted by last year’s
elections
Strong push on education issues with grassroots
implications
ESEA REAUTHORIZATION
Areas of Agreement
Measuring Growth
Disaggregation
Annual summative
assessment
New higher standards
New better assessments
SES & Choice, less
prescriptive
Area of Debate
Accountability
framework - AYP or
growth
Assessments –
Quality/Type
Teacher evaluation –
test weight/multiple
measures/performance
levels
Flexibility/transferabilit
y – how much/where
Charter schools – rules
same or different
Comparability – the
sleeper issue!!
ESEA REAUTHORIZATION: HOUSE
H.R. 1891 "Setting New Priorities in Education
Spending Act"
Full Committee
Wednesday, May 25, 2011
Ordered favorably reported, as amended, to the
House by a vote of 23-16
H.R. 2218, "Empowering Parents through Quality
Charter Schools Act"
Full Committee
Wednesday, June 22, 2011
Ordered favorably reported, as amended, to the
House by a vote of 34-5.
Voted out of full House 9/13
HR 2445 “State and Local Funding Flexibility
Act”
Wednesday July 14, 2011
Ordered favorable reported, as amended, to the
House by a vote of 23-17
ESEA REAUTHORIZATION: SENATE
Marathon Mark Up in late October
Bipartisan bill passed out of committee, 16-7
12 Ds and 4 Rs
144 filed amendments
24 adopted
10 rejected
The balance were either withdrawn, not offered,
ignored, and/or will be offered on the floor
ESEA REAUTHORIZATION: SENATE
Improvements
Eliminates impossible goal of 100%
Eliminates AYP and AMOs
Eliminates 2 percent testing cap
Changes testing requirement for ELL from one year
to two years
Permits shifting to measure growth while retaining
status testing
Permit multiple measures
Includes computer adaptive assessment
Shifts control of accountability to the states
Requires adoption of more accurate assessments
ESEA REAUTHORIZATION: SENATE
Accountability Changes
Requires continuous improvement towards C/CR
Maintains disaggregation
Ranks schools, focus on bottom 5%
Achievement Gaps and Persistently Low Achieving
Achievement based on test scores, graduation rates, state
summative test scores, and % on track for C/CR.
Turn Around Models
Transformation, Strategic Staffing, Turnaround, Whole
School Reform, Restart, Closure, State Flexibility and Rural
Waiver
ESEA REAUTHORIZATION: SENATE
Points of Concern
Comparability Changes
Reliance on One-Time testing
Treatment of Foster Kids
Codification of RttT and i3
ESEA: REGULATORY RELIEF
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Flexibility being offered in 11 specific areas
States have to adopt all three policy priorities:
Higher standards
– Differentiated accountability system
– Teacher/principal evaluation system based on growth
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NCLB Waiver Watch: www.cep-dc.org
AASA position: we agree with the areas in which
flexibility is being provided but are opposed to
the conditional nature of the process.
ESEA: REGULATORY RELIEF
Conditional, quid-pro-quo deal, with states
having to adopt specific policy priorities I
exchange for relief
To date, 39 states have expressed interest in the
waivers
11 states submitted applications in the first
round: Colorado, Florida, Georgia, Indiana,
Kentucky, Massachusetts, Minnesota, New
Jersey, New Mexico, Oklahoma and Tennessee
Next Deadline for Applying: Mid-February
TITLE I FORMULA FAIRNESS
www.formulafairness.com
Led by Rural School and Community Trust
Current statute uses two weighting brackets to
determine an LEA’s Title I allocation
Unintended consequence is that some larger, less-poor
schools can end up receiving more Title I dollars perchild than smaller, poorer districts
TITLE I FORMULA FAIRNESS
All Children are Equal (ACE) Act (HR 2485) provides
legislative fix
Turns down the volume on number weighting to ensure
that Title I dollars are distributed to concentrations of
poverty
11 original co-sponsors: Representatives Glenn Thompson
(R-PA), Ruben Hinojosa (D – TX), G.K. Butterfield (D-NC),
Louise Slaughter (D-NY), Dan Boren (D-OK), Mike Ross
(D-AR), Tom Petri (R-WI), Lou Barletta (R-PA), Mike Kelly
(R-PA), Todd Platts (R-PA), and Richard Hanna (R-NY).
Also joined by Reps. Roby (R-AL), Hartzler (R-MO), and
Crawford (R-AR)
Urge your representative to sign on!
FY12 APPROPRIATIONS
House: Education down over all, huge increases
for Title I and IDEA, cuts for many other ed
programs
Senate: overall increase for education, lack
funding increases for Title I and IDEA
Current Dear Colleague in the House; Sign on by
Friday!
FY12: Started October 1, without a budget
First CR thru 11/18; Current CR thru 12/16
Differing House and Senate Edu Numbers
Role of final approps bills vs. CR vs. megabus
FY12 APPROPRIATIONS
First CR Included $329 m in cuts to education
programs
Title I: $163 million
IDEA part B: $129 million
Title II: $25 million
Perkins: $12 million
Reach out to your Senator and Representative to
urge them to reinstate the funds.
FY12 APPROPRIATIONS
Joint Deficit Commission
Super Committee Roster:
Senate: Murray (WA), Baucus (MT), Kerry (MA), Kyl (AZ),
Portman (OH), and Toomey (PA)
House: Hensarling (TX), Becerra (CA), Camp (MI), Clyburn
(SC), Upton (MI), and VanHollen (MD)
Has to identify $1.5 trillion in cuts over the next 10
years
Failed to announce plan by Thanksgiving and take
vote by Christmas
Includes required vote on Balanced Budget
Amendment
House failed to pass BBA
FY12 APPROPRIATIONS
Potential Cuts in the Deficit Debacle
Sequestration triggered 1/1/12
Cuts go in to effect 1/1/13
CBO estimates sequestration will be a 7.8% acrossthe-board cut
Estimated Education Impact:
Title I: $1.1 billion
IDEA: 978 million
Perkins: $136 million
Head Start: $590 million
IDEA FULL FUNDING
AASA’s #1 legislative priority
Senator Harkin has introduced the IDEA Full
Funding Act (S 1403). We are waiting for the
House partner bill.
Rep. Polis has a IDEA funding bill, but our focus
is on the Harkin version
Urge your Senator to sign on the S 1403, and talk
with your entire Congressional delegation about
the funding pressures of IDEA and the
importance of protecting and increasing IDEA
funding in FY12 and debt ceiling conversations.
EDUCATION TECHNOLOGY: E-RATE
FCC
program that provides discounts to
help schools and libraries afford
telecommunications services
Anti-Deficiency Act (S 297)
Raise the spending cap
Waiting for final action by the FCC on a
host of rules/notices:
Gift rule
CIPA
Roll-over funds
EDUCATION TECHNOLOGY: ED TECH
Title
II Part D, Enhancing Education
Through Technology, E2T2
Zero-funded by the administration,
eliminated by the House in its ESEA
eliminations bill
Not included in Senate Base Bill
Sen. Bingaman introduced the ATTAIN
Act (S 1178), which allows for EETT-type
program ($300 m trigger); Offered as
amendment in Senate ESEA mark up
CHILD NUTRITION
NSLP/SBP reauthorized last December
AASA, NSBA and Council opposed unfunded mandates
within the law
Increased reimbursement, higher nutrition standards
Set paid lunch price
Set training and certification requirements
Review indirect cost process
Continue to work on the regulations, which affirm our
suspicions
Hullabaloo in the FY12 agriculture appropriations bill
related to language that limits the use of FY12 funds for
implementing new language
AMENDMENTS TO REAP
Changes to REAP in Senate version of ESEA
Transition to new locale codes (move from 7/8 to 33, 41, 42,
43)
Allow districts to choose between RLIS and SRSA funding
If appropriation for REAP is increased, base grant moves
from 20 to 25, max grant goes from 60 to 80
Changes not made to Senate Version of ESEA
Transition to FRLP as poverty measure from 20% census
data
OFFICE OF RURAL EDUCATION POLICY
ACT
Bill introduced in May; Goal: Adding it to ESEA
Would establish an Office inside the Dept of Ed
headed by a Director who would
Advise the Secretary on the needs of rural
schools and ensure that all regulations issued
by the Department of Education explicitly
consideration the impact that the regulations
will have on rural schools and communities
maintain a clearinghouse on best practices and
research for rural schools, produce an annual
report to Congress, coordinate efforts
throughout federal agencies related to rural
schools
OTHER ISSUES
Federal Mandates
RttT, I3, SIG
Foster Care
Bullying
Common Core/Testing Consortia
America’s Jobs Act
GET—AND STAY—INVOLVED!
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Weigh in early, weigh in often
These decisions are made whether or not you
weigh in.
15 minutes per month is all it takes.
Get to know your Senator/Representative, and
perhaps more importantly, their education
staffer.
Invite the Representative/Senator and staffer to
your ESA. Anecdotes and stories have a lot of
sticking power with this Congress. Let the face
of your ESA be the one that sticks in their mind!
AASA/AESA ADVOCACY RESOURCES
AASA Website: www.aasa.org
AASA Blog: www.aasa.org/aasablog.aspx
AASA Twitter: @Noellerson
AASA Legislative Corps: Weekly Newsletter
Advocacy Network: Monthly Update
QUESTIONS?
Noelle Ellerson
Assistant Director,
Policy Analysis & Advocacy
[email protected]