OAASFEP Fall Coordinators Conference Columbus, OH October
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Transcript OAASFEP Fall Coordinators Conference Columbus, OH October
Where Congress Stands on ESEA
and IDEA Reauthorization
Leigh Manasevit, Esq.
Brustein & Manasevit, PLLC
Spring Forum 2011
[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 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.
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ESEA Reauthorization: Two
Four Years Later
Evolution of data systems and growth models
Progress (some) with school turnaround
Change 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 changes
Reexamine comparability
Reconsider the fundamental structure of federal fiscal
support - Formula vs. Competitive
Is 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 Top
Recovery Act accountability fatigue
Inverse relation to Health Care?
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ESEA Reauthorization:
Congressional Strategy
Republican strategy
Returning 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 & 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)
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Senate
Senator Harkin – draft by Easter?
Wants 1 big bill
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House
No official timeframe
Hearings started
February: overview
March: regulations
6-8 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
Vouchers
Will definitely be in play
Unlikely to be part of Reauthorization Bill
But general discussion of school choice will play an
important role
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Statement of Principles to Fix the ESEA
Issued by 10 moderate Senate Democrats and
Independent Joseph Lieberman
Increase local flexibility
Higher standards but more flexibility to meet them
Consolidate programs
Spur innovation
Scale up success
Reward success
NCLB did not reward growth
Transparency and Equity
Better Reporting
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Statement of Principles to Fix the ESEA
Issued by 10 moderate Senate Democrats and
Independent Joseph Lieberman
Growth Model
Support SIG 4 models
1.
2.
Teachers and Leaders
3.
Improve pathways to classroom
Evaluate teacher prep by how graduates do
Innovations
4.
5.
Transformation
Restart
Close
Turnaround
Support RTT, Investing in Innovation (i3), and high quality
Charters
Close the comparability loophole
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Statement of Principles to Fix the ESEA
Issued by 10 moderate Senate Democrats and
Independent Joseph Lieberman
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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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Secretary Duncan’s
Blueprint
http://www2.ed.gov/policy/elsec/leg/blu
eprint/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
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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
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Community services
Family support
Community-wide needs assessment
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Blueprint
6. Innovation and Excellence
Expanded options
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Charters
“Autonomous” public schools
7. Additional Cross-Cutting Priorities
Flexibility for success????
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Possible Changes – GAO Report
Comparability
Elementary and Secondary Education Act: Potential
Effects of Changing Comparability Requirements. GAO11-258, 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 contracts
Teacher 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 Competitive
Focus on low(est) performing schools
Highly structured and detailed
Incentives ($) to implement ED priorities
Secretary Duncan specifically defended the 4 SIG
turnaround models
RTT coordinated with SIG
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Race to the Top
Eligibility Requirements
No 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 1003g
Historically not well funded
ARRA provided $3 billion
Secretary Duncan issued 86 page guidance
document February 2011
http://www2.ed.gov/programs/sif/sigguidance0223
2011.pdf
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SIG-1003g
Very prescriptive
3 tiers of schools
4 intervention models – Secretary Duncan defends
4 models
SASA team reviews for 2011 to focus only on SIG
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SIG-RTT Common Elements
Whole school approach
All 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 readiness
Benchmark - certainly move to growth
model
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Other Reauthorization Issues
Failure to make AYP
Center for Education Policy Study http://www.cepdc.org/cfcontent_file.cfm?Attachment=Usher_FourYear
sAYPTrends_121610.pdf
Districts Failing AYP
2006
29%
2009
36%
Schools Failing AYP
2006
29%
2009
33%
2013- 2014
SY 100% proficient: Required
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Causing sharp increases in target levels
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Other Reauthorization Issues
Secretary Duncan:
82% of schools could fail AYP this year (10-11)
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Other Reauthorization Issues
Class size reduction
Secretary says may not be that important
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Other Reauthorization Issues
HQT
Move to RTT type evaluation based on
student achievement
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US ED SASA Monitoring – Top Ten
Findings in Frequency
Private Schools
1.
Consultation
Failure to evaluate
Failure to maintain control
Contracting
Student selection
(not based on poverty!!!)
Parental Involvement
2.
95% of reservation to schools
Equitable participation
Parental Involvement
3.
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 2004
Next ??
Little movement
Chairman Klein supports full funding
McMorris-Rodgers amendment to spending bill undid
proposed cuts in draft spending bill
Republican rank and file support?
May go before ESEA
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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 client-lawyer 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 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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