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December 7, 2015


The Every Student Succeeds Act (ESSA) and ESEA

Reauthorization: Summary of Selected Key Issues


Congress has actively considered reauthorization of the
Elementary and Secondary Education Act (ESEA) during
the 114th Congress, passing comprehensive ESEA
reauthorization bills in both the House (Student Success
Act; H.R. 5) and the Senate (Every Child Achieves Act of
2015; S. 1177). Both chambers agreed to a conference to
resolve their differences. On November 19, 2015, the
conference committee agreed to file the conference report
of the Every Student Succeeds Act (ESSA) by a vote of 39-
1. On December 2, 2015, the House agreed to the
conference report based on a bipartisan vote of 359-64. The
ESEA was last comprehensively reauthorized by the No
Child Left Behind Act (NCLB; P.L. 107-110).

The ESSA would provide for a comprehensive
reauthorization of the ESEA. This In Focus is intended to
provide basic information about some of the issues that
have drawn substantial congressional interest during the
reauthorization process.


Title I-A authorizes federal aid to local educational
agencies (LEAs) and states for the education of
disadvantaged students. The Title I-A grant program is the
largest grant program in the ESEA. One notable change to
the Title I-A formulas that the ESSA would make is to
increase the set-aside for the Bureau of Indian Education
(BIE) and Outlying Areas from 1.0% to 1.1%. This change
would only be implemented if the total amount of funds
available to make grants to states would be at least as much
as the total amount of funds available to make grants to
states in FY2016. While H.R. 5 would have allowed states
to change the distribution of funds at the LEA and school
level to provide funds to every LEA and public school with
a child living in a family with income below the federal
poverty line, commonly referred to as the portability of
Title I-A funds, the ESSA would not include a provision
providing for the portability of Title I-A funds.


Similar to current law, under ESSA provisions, states
receiving Title I-A funds would still be required to have
academic standards in reading/language arts (hereafter
referred to as reading), mathematics, and science. Unlike
current law, states would be required to demonstrate that
these standards are aligned with entrance requirements for
credit-bearing coursework in the state's system of public
higher education and relevant state career and technical
education standards. States would continue to be required to
administer assessments aligned with the standards in
reading and mathematics in each of grades 3-8 and once
during high school and to administer assessments aligned


with the standards in science once in grades 3-5, grades 6-9,
and grades 10-12.

The ESSA would substantially change the accountability
system that states would be required to implement to gauge
student performance. Of note, states would have greater
latitude in establishing systems for performance goals,
measures of progress, and consequences that would be
applied to schools for low performance. It is likely that a
much smaller group of schools would be subject to
accountability consequences under the ESSA than under
current law.

Under current law, states are required to develop annual
measurable objectives (i.e., performance goals) for student
performance on reading and mathematics assessments,
leading to the statutory requirement that all students be
proficient in reading and mathematics by the end of the
2013-2014 school year. These proficiency goals are used in
the determination of adequate yearly progress (AYP). AYP
is determined based on three components: (i) student
academic achievement on the required state reading and
mathematics assessments; (ii) 95% student participation
rates in assessments by all students and for any subgroup
for which data are disaggregated (economically
disadvantaged students, students from major racial and
ethnic groups, students with disabilities, and students with
limited English proficiency); and (iii) performance on
another academic indicator, which must be graduation rates
for high schools. Schools or LEAs meet AYP standards
only if they meet the required threshold levels of
performance on all three indicators for all students and each
subgroup for which data are disaggregated, assuming a
minimum group size is met. Schools and LEAs that fail to
make AYP for two consecutive years or more are required
to take a variety of actions (school improvement, corrective
action, restructuring). The consequences are the same for
each school regardless of the extent to which the school
failed to make AYP in a given year, but the consequences
need only be applied to a school receiving Title I-A funds.

Under the ESSA, the AYP system would be replaced.
States would be required to establish long-term goals,
including measures of interim progress toward those goals,
for performance on the reading and mathematics
assessments, high school graduation rates, and the
percentage of English learners achieving English language
proficiency. States would then be required to annually
measure the performance of all students and each subgroup
of students in schools based on the aforementioned
measures and at least one other measure for elementary and
secondary schools that are not high schools and at least one
indicator of school quality or student success.


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