esc 4 preparing for essa 05 17 music, history, ... sbr evidenced based means an activity, strategy,...

1

PREPARING FOR THE FUTURE UNDER ESSAPREPARING FOR THE FUTURE UNDER ESSA

Tiffany Winters Kesslar, Esq.Brustein & Manasevit, [email protected] 2017

Topics

Status of ESSA Law and Guidance

Title I, Part A Standards and Assessment

Title I Fiscal Rules

Parent and Family Engagement

Comprehensive Support and Targeted Improvement

Reservation of Funds

Participation of Children Enrolled in Private Schools

Title II, Part A

Title III, Part A –Covered in a Breakout Session Tomorrow!

Title IV, Part A

21st CCLC - Covered in a Breakout Session Tomorrow!

Titles V-IX

2Brustein & Manasevit, PLLC © 2017. All rights reserved.

STATUS OF ESSA LAW AND GUIDANCE


2

Status of ESSA Regulations■ Final Academic Assessments

– Effective January 9, 2017

■ Final Innovative Assessment Demonstration Authority– Effective January 9, 2017

■ Final Accountability and State Plans (Repealed by CRA)

■ Final Impact Aid– Effective April 1, 2017

■ Draft SNS Regulations (Withdrawn by USDE on January 19, 2017)

Available at: http://www.ed.gov/essa

ED email address: [email protected]


ED Transition Guidance

■ 12/18/15 Dear Colleague Letter on Transition

■ 12/22/15 Letter on Assessment Participation

■ 1/28/16 Dear Colleague on Transition

■ 6/29/16 FAQs Document - Updated in Jan 2017


ED email address: [email protected]


ESSA Guidance■ Foster Care Guidance (6/23/16)

■ Dear Colleague Letter re: Stakeholder Engagement (6/23/16)

■ Homeless and Youth Programs (7/27/16) – Updated March 2017

■ Title III, A English Learners (9/23/16)

■ Using Evidence to Strengthen Education Investments (9/16/16)

■ Dear Colleague Letter re: Tribal Consultation (9/26/16)

■ Title II, A Teachers and School Leaders (9/27/16)

■ Schoolwide Programs and Funding (9/29/16)

■ Early Learning Guidance (10/20/16)

■ Title IV, A Student Support and Academic Enrichment (10/21/16)


3

ESSA Guidance (cont.)

■ Fiscal Changes (including Equitable Services and SNS (11/21/16)

■ State Assurance Template and Template for Consolidated State Plan (11/30/16) – Revised Consolidated State Plan Template (3/13/17)

■ Consolidated State Plan Guidance - Updated (3/13/17)

■ State and Local Report Cards (01/10/17)

■ High School Graduation Rate (01/10/17)

■ ESSA Dear Colleague letter on 2017-18 Transition (1/13/17)

■ Accountability FAQs (1/18/17)

■ Resource Guide: Accountability for ELs (1/18/17)

■ ESSA Early Learning Guidance (1/17/17)

■ State Plan Peer Review Criteria (March 2017)



Definition Changes


Well Rounded EducationSec. 8101 (52)

■ (NEW)“core academic subjects” “well-rounded education”

English, reading or language arts, writing,

science, technology, engineering, mathematics,

computer science, foreign languages, civics and government, economics,

arts, music, history, geography, career and technical

education, health, physical education,

and others as designated by

State/LEA


4

Definition Changes (cont.) Sec. 8101 (24)

(NEW) SBR Evidenced Based

■ Means an activity, strategy, or intervention that:

– Demonstrates a statistically significant effect on improving student outcomes■ Strong evidence from at least 1 a well-implemented experiment; or

■ Moderate evidence from at least 1 quasi experience; or

■ Promising evidence from a correlational study with statistical controls for selection bias; or

– Demonstrates high-quality research findings or positive evaluation that such activity, strategy, or intervention is likely to improve student outcomes or other relevant outcomes; and

– Includes ongoing efforts to examine the effects of the activity.

Used 70 times in ESSA!


Teacher and Paraprofessional QualificationsSec. 1111(g)(2)(j)(NEW) State Assurances

■ The SEA will ensure that all teachers and paraprofessionals working in a program supported with funds under this part meet applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification.

■ The State has professional standards for paraprofessionals working in a program supported with funds under this part, including qualifications that were in place on the day before the date of enactment of the Every Student Succeeds Act.

– Does this mean NCLB standards apply to paraprofessionals? YES!


Title I, Part A

Brustein & Manasevit, PLLC © 2017. All rights reserved. 12

5

Title I, A Basics

■ Title I, Part A is a state-administered program– ED grants funds to state based on statutory

formulas

– State grants funds to LEAs based on statutory formula

– LEA allocates funds to schools based on ranking and serving

■ Allocations to State and LEAs are based on poverty levels

■ 1% cap on State administrative funds remains


School Improvement FundsSec. 1003(b)-(d)

(NEW) Mandatory: SEA reserves 7% for School Improvement

■ 95% for grants to LEAs– Formula or Competitive Basis

– Subgrants are for no more than 4 years (may include planning year)

– To implement comprehensive and targeted support and improvement activities

– Services may be provided directly by SEA with approval of the LEA


School Improvement Funds (cont.)Sec. 1003(f)

■ States are permitted to award grants to:– a statewide school district, – consortium of LEAs, or– Educational service agencies serving schools implementing

improvement activities if such entities are legally constituted or recognized as LEAs.

■ SEAs must give priority to LEAs that: 1. Serve high numbers, or a high percentage of, elementary and

secondary schools in improvement 2. Demonstrate the greatest need for such funds, as determined by

the State; and3. Demonstrate the strongest commitment to using funds under this

section to enable the lowest-performing schools to improve student achievement and student outcomes.


6

School Improvement Funds (cont.)Sec. 1003(b)-(c)

■ Remaining Funds are used by the SEA to:– Ensure allocations represent the geographic diversity of

the State

– Ensure that allotments are of sufficient size to enable a LEA to effectively implement selected strategies;

– Monitor and evaluate the use of funds by LEAs; and

– Reduce barriers and provide operational flexibility for schools in the implementation of improvement activities.


Direct Student ServicesSec. 1003A

■ (NEW) Optional 3% set-aside for Direct Student Services

– 1% of that 3% for State Administration (1003A(a)(2))

– Remainder subgranted to LEAs, with priority to LEAs with high percentage of schools identified for comprehensive or targeted support

– To provide funds to schools identified under ESSA

– Consultation with LEAs


LEA Use of Funds for Direct Student Services1003A(c)■ 1% Outreach and communications to parents re: available

services

■ 2% Administration

■ Remainder on allowable uses of funds

– In paying the costs associated with the direct student services the LEA shall—■ First, pay such costs for students who are enrolled in schools

identified for comprehensive support and improvement

■ Second, pay such costs for low-achieving students who are enrolled in schools implementing targeted support and improvement plans; and

■ With any remaining funds, pay such costs for other low-achieving students served by the local educational agency.


7

LEA Use of Funds for Direct Student Services (cont.)1003A(c)

(NEW) LEA Use of Funds (cont.)

■ Allowable expenditures may include:– Academic/CTE coursework aligned to academic/industry

standards;

– Credit recovery;

– Post-secondary instruction and examination costs, including Advance Placement and International Baccalaureate test fees;

– Transportation of LEAs implementing school choice if not reserved for comprehensive support; and

– High Quality Academic Tutoring.


Direct Student Services (cont.)Sec. 1003A

(NEW) If the SEA takes the set-aside, the State must:■ Compile and maintain an updated list of State-approved high-quality

academic tutoring providers that:

– Developed using fair negotiation, rigorous selection and approval process; Offers a range of tutoring models (online, etc.); and includes demonstrated record of success, etc.

■ Ensure that each LEA provides an adequate number of high-quality academic tutoring options to provide meaningful choice to parents (if the LEA elects to offer tutoring)

■ Develop procedures for monitoring the quality of services provided; and

■ Establish and implement clear criteria for removal if the provider is unsuccessful (including removal).


Standards and

Assessments

Sec. 1111


8

State AdoptionSec. 1111■ States must provide an assurance that they have

adopted challenging academic content standards and aligned academic achievement standards

– Must:■ Be the same for all public schools in the State

■ Expect the same level of achievement from all schools

■ Be aligned with entrance into credit-bearing coursework at State institutions of higher education, and relevant CTE standards

– State standards are NOT subject to review by U.S. Department of Education


State Adoption (cont.)Sec. 1111■ States must implement assessments aligned with

standards in math, reading, and science– Math, reading assessments must be given in each of grades

3-8 and once in high school

– Science assessment must be given at least once in each grade-span of 3-5, 6-9, and 10-12

■ (NEW) ESSA does not prohibit ED from requiring peer review of assessments

– In subsequent guidance, ED has made clear it will continue peer review process for foreseeable future


English Language Assessments■ (NEW) State must also adopt assessments of English

language proficiency– Conduct annual assessment of all ELs

in English proficiency

– Must be aligned to State EL proficiency standards

– Identify languages present to a significant extent and note where native-language assessments are not available but are needed


9

Alternate Assessments (cont.)Sec. 1111(b)

■ May adopt alternate standards and assessments for students with the most significant cognitive disabilities

– Must be designated in the student’s IEP

– Must be aligned to State standards, promote access to general curriculum consistent with IDEA, ensure student is on track for postsecondary education or employment

■ (NEW) 1% State imitation on use of alternate assessments – Neither ED nor SEA can impose LEA-level cap

■ But LEAs are encouraged to stay below 1% threshold and must provide notice and justification to SEA if they exceed it

■ (NEW) All other alternate or modified assessments are prohibited (previously prohibited by regulation).


Alternate Assessments (cont.)200.6(c)

A State must—

I. Not prohibit an LEA from assessing more than 1.0 percent of its assessed students in a given subject;

II. Require that an LEA submit information justifying the need of an LEA to assess more than 1.0 percent of its assessed students;

III. Provide appropriate oversight, as determined by the State, of an LEA that is required to submit information to the State; and

IV. Make the information submitted by an LEA publicly available, provided that such information does not reveal PII


Alternate Assessments (cont.) 200.6(c)

■ If a State anticipates that it will exceed the cap the State may request that the Secretary waive the cap for the relevant subject(s).

Such request must—

■ Be submitted at least 90 days prior to the start of the State’s first testing window;

■ Show the number and % of students in each subgroup that took an alternate assessment; and

■ Show that it has 95% participation of all students and 95% participation of all students with disabilities.


10

Alternate Assessments (cont.) 200.6(c)

(cont.)… ■ The SEA must provide an assurance for each LEA that will assess more than

1% that the LEA has:– Followed state guidelines including assessment criteria– Will not significantly increase, from the prior year, unless the LEA can

demonstrate a higher prevalence of students with the most cognitive disabilities than enrolled in prior year; and

– Will address any disproportionality

The State must also include a timeline by which:

■ The State will improve implementation of its alternative assessment guidelines

■ The State will take additional steps to support and provide oversight to each LEA that the State anticipates will exceed the 1% cap

– How the state will monitor and regularly evaluate each such LEA to ensure each LEA provides sufficient training to school IEP staff


Assessment Participation

■ ESSA requires the State to factor the95% participation rate (for all studentsand each subgroup) into the StateAccountability System.

■ This does not preempt State orlocal laws that allow the parentsto opt out.


Special Assessment Options

■ May use multiple or summative assessments

■ Eighth graders may be exempted from assessments in 8th grade math if the student:

– Takes an advanced mathematics course; and

– Takes the corresponding end-of-course assessment for the advanced course; and■ The end-of-course assessment is counted for

purposes of 8th grade accountability; and

– Takes another more advanced math assessment in HS.■ The assessment must also be counted for

purposes of HS accountability.30Brustein & Manasevit, PLLC © 2017. All rights reserved.

11

Special Assessment Options (cont.)

■ (NEW) May use computer adaptive assessments

■ (NEW) May set a target limit on amount of time used for assessments– Federal grants for conducting State and local assessment audits

■ (NEW) May administer a nationally-recognized, locally-selected high school assessment so long as:

– Aligned to State Standards equivalent to State Assessment;– Provides comparable, valid, and reliable data;– Provides unbiased, rational, and consistent differentiation between

schools within the State; and– Meet the requirements for assessments. – Must be approved by the State.– If the LEA chooses to use, must use in all high schools.


State PlansSec. 1111 Consultation with key stakeholders;

– Governor, State legislator, State Board, LEAs, Indian Tribes, School personnel, Charter leaders, Parents, Private school representatives and Early education representatives.

■ State plans must be peer-reviewed – List must be public; same reviewers cannot review all plans;

– Emphasis on practical experience of reviewers; and

– Respect to State and local judgements.

■ (NEW) State plans due by April 3, 2017 or Sept 18, 2017

– (April 3rd date means must go to the Governor by that date for 30 day review, allowing submission to USDE by May 3, 2017).

– Though regulations were repealed, USDE is still using these dates. 32Brustein & Manasevit, PLLC © 2017. All rights reserved.

State Plans (cont.)Sec. 1111(g)

■ (NEW) In addition to how the State will comply with assessment requirements, the plan must describe:

– Steps to be taken to provide assistance to LEAs and schools supporting early education programs

– How low-income and minority students are not served at disproportionate rates by underqualified teachers (and plans for addressing this)


12

LEA PlansSec. 1112LEAs must have a State approved plan.

■ Developed with timely and meaningful consultation with stakeholders;

– Includes teachers, principals, other school leaders, paraprofessionals, specialized instructional support personnel, charter school leaders, administrators, and parents


LEA Plans (cont.)Sec. 1112

Describes how the LEA will: ■ Monitor student’s progress in meeting challenging State academic standards

– Includes implementing a “well-rounded program of instruction”

■ Address disparities in teacher distribution

■ Meet its responsibilities re: comprehensive support and improvement

■ Provide effective parent and family engagement

■ Coordinate and integrate services with preschool programs

■ (NEW) Coordinate academic and CTE content through instructional strategies which may include experiential learning or work-based learning opportunities, etc.

■ (NEW) Support efforts to reduce the overuse of discipline practices that remove students from the classroom

– May include disaggregation (this is a best practice because of increased scrutiny)


LEA Plans (cont.)Sec. 1112Describes how the LEA will: • Facilitate transition Middle to HS and HS to postsecondary

• Coordination with IHEs• Dual or concurrent enrollment

• Where LEA uses funds for preschool• Ensure services comply with Head Start Act

• For EL SWD how program will meet IEP

• For LEAs with Title I or III language program:• Information for parents on reasons for child’s selection • Details of the program, including right to opt out• Effective means of communication with EL parents including

regular meetings


13

SEA/LEA Report CardsSec. 1111(h)■ Must be prepared and disseminated every year at State and local

levels

■ Expanded list includes:

– Academic achievement by subgroup■ (NEW) Including homeless, foster, children with parents on

active duty in the military

– Percentage of students assessed/not assessed

– Descriptions of States’ accountability system

– Graduation rates

– Information on indicators of school quality


SEA/LEA Report Cards (cont.)Sec. 1111(h)

– Professional qualifications of teachers: including distribution in high – low poverty schools

– NAEP results (State only)– (NEW) Per-pupil expenditures for federal, State,

and local funds■ Must be actual expenditures

■ Disaggregated by source of funds

■ For each local educational agency and each school for the preceding fiscal year


How to calculated per pupil expenditures?

■ Per-pupil Expenditures (200.35)– Must report for each LEA and for each school:

■ Current expenditures for the preceding fiscal year:

– In the aggregate (in total, federal, state and local funds)

– Disaggregated by source of funds

■ Federal

■ State and local combined (including impact aid) not including private funds


14

How to calculated per pupil expenditures? (cont.)

■ Per-pupil Expenditures (200.35)– Numerator must include actual personnel costs (including actual

staff salaries) and actual non-personnel expenditures of Federal, State and local funds, used for public education, including:■ Admin, instruction, instructional support, student support services,

pupil transportation, operation and maintenance, fixed charges, preschool, and net expenditures to cover deficits for food services and student body activities.

■ But, not including: community services, capital outlay and debt service.

– Denominator consists of the aggregate number of students in elementary and secondary schools whom the SEA and LEA provides a free public education on October 1


Fiscal Rules


Eligible Attendance Areas and Ranking

and Serving Schools


15

Eligible School Attendance AreasSec. 1113

■ Percentage of children from low-income families who reside in area . . .

AT LEAST AS HIGH AS . . . ■ Percentage of children from low-income families in LEA

35% Rule – can always lower to 35%- Use residency or enrollment

- Enrollment historically used by districtwide schools, magnets, charters, etc.


Ranking and Serving Sec. 1113(a)(3)■ Must Rank First and Serve

– Schools exceeding 75% poverty ■ Strictly by poverty without regard to grade span

– (NEW) May include high schools w/poverty 50% or above

■ Then Rank and May Serve– Schools at or below 75% poverty

■ May rank by grade span or strict poverty

■ Serve strictly in order of rank!■ Discretion on amount of PPA

– Higher PPAs must be in higher schools on ranked list


Ranking Options (Strict Percentage)NCLB Ranking by Strict

Percentage

ESSA Ranking by Strict Percentage

(w/50% high school)

School Poverty Rate

# Poverty Students

Albemarle ES 92% 82

Lincoln Middle School 87% 90

Roosevelt ES 79% 40

Scott ES 74% 56

Washington High School

70% 160

Brooks Charter ES 59% 119

Key Middle School 58% 47

Brennan High School 52% 92

Smith High School 49% 15

School Poverty Rate

# Poverty Students

Albemarle ES 92% 82

Lincoln Middle School 87% 90

Roosevelt ES 79% 40

Washington High School

70% 160

Brennan High School 52% 92

Scott ES 74% 56

Brooks Charter ES 59% 119

Key Middle School 58% 47

Smith High School 49% 15


16

Exceptions (cont.)Sec. 1113(b)“Skip” school, if:

1. Comparability met

2. Receiving supplemental state/local funds used in Title I-like program

3. Supp. state/local funds meet or exceed amount would be received under Title I

■ Still count and serve nonpublic in area


Reservation of Funds

Sec. 1113


LEA-level Set-AsidesSec. 1113(c)■ Homeless Children and Youths

– (NEW) Use to apply only to homeless students in non-participating Title I schools; however that language was removed.

– This set-aside may be used for all homeless students.

■ Children in local institutions for neglected children

■ Children in local institutions for delinquent children and neglected or delinquent children in community day programs, if appropriate

■ Early childhood education programs

■ Districtwide Initiatives

When a percent or amount is not mandated, the amount defaults to a “Necessary and Reasonable Amount”


17

LEA-level Set-asides (cont.)

■ 1% Parent and Family Engagement Sec. 1116(a)(3)– (NEW) 90% of that amount must go to schools

■ Previously 95%

■ Exception for LEA where 1% less than $5,000

■ (NEW) 5% of Title I, A allocation for Public School Choice Transportation

■ 5% Financial Incentives and Rewards Sec. 1113(c)(4)– To attract and retain qualified and effective teachers who

serve in schools identified for comprehensive and targeted support and improvement

■ Proportionate Share for Equitable Services (Formula)


Title I, A Supplement Not Supplant

Sec. 1118(b)(1)

and Comparability Sec. 1118(c)

Federal funds must be used to supplement and in no case supplant state, and

local resources.


Prior Title I, A SNS Rule

“What would have happened in the absence of the federal funds??”

3 Presumptions of Supplanting

1. Required to be made available under other federal, state, or local laws

2. Provided with non-federal funds in prior year

3. Provided services to Title I students and the same services were provided to non-Title I students using non-federal funds


18

ESSA Title I, A SNSSec. 1118(b)(2)■ (NEW) To demonstrate compliance, the LEA shall

demonstrate that the methodology used to allocate State and local funds to each school receiving assistance under this part ensures that the school receives all the State and local funds it would otherwise receive if it were not receiving Title I funds.– Similar to prior SW standard


Title I, A SNS (cont.)Sec. 1118(b)(3) – (4)■ (NEW) No LEA shall be required to:

– Identify individual costs or services as supplemental; or

– Provide services through a particular instructional method or in a particular instructional setting to demonstrate compliance.

■ (NEW) The Secretary may not prescribe the specific methodology an LEA uses to allocate State and local funds to each Title I school.


SNS Draft Regulations 200.72(b)(1)(ii)

3 Methodology Options

1. Weighted Per Pupil Formula– Based on characteristics of students (i.e. poverty, ELs, SWDs, and

others with educational disadvantage)

2. Distribution Based on Personnel and Non-Personnel Resources

– Average districtwide salary for each category of school personnel (principals, librarians, school counselors, etc.)■ Multiply by number of school personal

– The average districtwide per-pupil expenditures for non-personnel■ Multiply by the number of students in the school


19

SNS Draft Regulations (cont.) 200.72(b)(1)(ii)

3 Methodology Options (cont.)

3. SEA-Established Compliance Test – Test must be as rigorous as other approaches (and results in

substantially similar amounts of funding)

– Must be approved through Federal peer review process

– SEA is not required to establish the test

– LEA is not required to use the test if established


What about Districtwide Expenditures?■ USDE applying a specific cost test!

– Examples at NASTID that apply a specific cost test for district – level expenditures (same as NCLB standard). ■ For state-mandated requirements

■ For same services to Title I students/schools and Non-Title I students/schools


ComparabilitySec. 1118(c)

■ ESSA makes No Change!■ 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.

– Student/instructional staff ratios;

– Student/instructional staff salary ratios;

– Expenditures per pupil; or

– A resource allocation plan based on student characteristics such as poverty, LEP, disability, etc. (i.e., by formula)

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


20

Targeted Assistance

SchoolsSec. 1115


Targeted Assistance SchoolsSec. 1115(a)-(b)

■ For schools ineligible, choose not to operate schoolwide school or do not request a waiver by the State.– Default rule

■ Must identify “Title I students” – Students identified as failing or at risk of failing state standards

■ NOT – based on poverty!

■ (NEW) In the past services had to be supplemental; however, the supplement not supplant rule has changed. Now, services must benefit eligible students.

– Must ensure Title I funds are used to benefit identified students (allocability and allowability of Title I funds)


Eligible Title I StudentsSec. 1115(b)(4)

Student eligibility is based on:

– Multiple, educationally related and objective criteria developed by LEA.

■ NEW: If LEA does preschool-grade 2, criteria (including objective criteria) are established by the LEA and supplemented by the school???

Automatically Eligible

If student in the previous 2 years received services in: The Head Start program; the literacy program (Title II, B subpart 2);

and migrant children.

If the student is currently eligible under Neglected or delinquent or homeless programs.


21

Schoolwide SchoolsSec. 1114


Schoolwide RequirementsSec. 1114(a)(1)-(2)

■ Consolidate and use funds, together with other federal, state, and local funds to upgrade the entire educational program of a school

■ Pre-requisite: 40% poverty– (NEW) State may waive (previously waivable only by the Secretary,

Secretary may still waive under Sec. 8401).

■ Not required to identify:– Eligible students; or

– Individual services as supplemental.


Schoolwide Use of FundsSec. 1114(c) and (e)

(NEW) SW funds may be used for:■ Preschool Programs; and■ Dual or Concurrent Enrollment:

– Training for teachers;– Professional Development;– Tuition and fees, books, required instructional materials,

innovative delivery methods; and– Transportation.

■ (NEW) Services may be delivered by non-profit or for profit third party servicers.


22

Parent and Family

Engagement

Sec. 1116


Parent and Family Engagement Set-asideSec. 1116(a)(3)■ The LEA shall reserve at least 1%

– To assist schools carry out activities– For smaller LEAs, set-aside not required if 1% is less

than $5,000 (i.e. allocation is less than $500,000)– May reserve more

■ (NEW) 90% must go to schools, with priority to high-need schools– Previously 95%


Parent and Family EngagementSec. 1116(a)(3)(D)

Change in language to add “family” after “parent”■ Use of Funds: Must perform at least one:

– Professional development re: parent and family engagement strategies;

– Reaching parents and family at home, in the community and at school;

– Disseminating info on best practices;– Collaborating (or providing subgrants to schools to

collaborate) with others who have a record of success in improving and increasing involvement; and

– Activities consistent with LEA plan.■ There must be annual evaluations of content and

effectiveness of the policy involving parents and family members


23

Parent and Family Engagement (cont.)Sec. 1116(a),(b) and (f)

■ Accessibility – to the extent practicable – and opportunities for parents and family members, including:

– parents and family members who have limited English proficiency,

– parents and family members with disabilities, and

– parents and family members of migratory children.


Parent NoticesSec. 1112

■ “Right to Know”

– LEA must inform parents of Title I schools that they can request information regarding the professional qualifications of their child’s classroom teachers.

■ Not Qualified Teacher

– Title I schools must provide parents information related to their child’s academic achievement if the student has been assigned a teacher who does not meet applicable State certification or licensure requirements for more than 4 weeks.

■ LEA must notify all parents of State or local policy regarding student participation in statewide assessments and post information on each assessment required.

– This must include the right to opt-out, where applicable (i.e. per state/local laws).


Parent and Family Engagement PolicySec. 1116(a) and (b)

LEA-level policy and school-level policy still required!

■ Describes how the LEA or school will meet the requirements of this part.

■ They are similar to prior Parent Involvement Policy only now much broader to include family.

School-Parent Compact still required.


24

Comprehensive Support and Improvement

Sec. 1111


Identification of SchoolsSec. 1111(c)(4)(D)

(NEW) Two levels of improvement1. Targeted Support and Improvement

2. Comprehensive Support and Improvement


Targeted Support and ImprovementSec. 1111(d)(2)

■ (NEW) Each SEA must:

– Notify each LEA of any school in which any subgroup of students is consistently underperforming; and

– Ensure the LEA provide notification to the school re: subgroup(s) identification.

■ Applies to all public schools, not only Title I schools

■ State defines “consistently underperforming”


25

Targeted Support and Improvement PlanSec. 111(d)(2)(B)

■ (NEW) Upon notice that a school has been identified, the school must (in partnership with stakeholders) develop and implement a targeted support and improvement plan for each identified school.

■ The plan must:

– Include information on student performance against all indicators;

– Include evidence based interventions;

– Be approved by the LEA prior to implementation; and

– Identify resource inequities to be addressed through implementation if a subgroup, on its own, would lead to identification.

■ The LEA must monitor and implement additional action if there is unsuccessful implementation


Comprehensive Support and Improvement1111(c)(4)(D)■ (NEW) States must establish a methodology for identifying schools for

comprehensive support that must include:1. At least the lowest performing 5% Title I schools;

2. All public high schools in the State failing to graduate 1/3 or more of their students; and

■ At SEA discretion this may include an extended year adjusted graduation rate

3. Title I schools in which any subgroup, on its own, would be identified as lowest-performing 5% and has not improved (as defined by the State)

■ These are Title I schools previously identified for targeted support and improvement that failed to improve and have a subgroup performing at lowest 5%.

– State may add additional state-wide categories


Comprehensive Support and Improvement PlanSec. 1111(d)■ (NEW) Upon notice that a school has been identified, the LEA

must (in partnership with stakeholders) develop and implement a comprehensive support and improvement plan for each identified school.

■ The plan must:– Include information on student performance against all

indicators;

– Include evidence based interventions;

– Be based on school-level needs assessment;

– Identify resource inequities to be addressed through implementation; and

– Be approved by the school, LEA, and SEA.


26

Continued Support and ImprovementSec. 111(d)(3)

(NEW) The State must establish statewide exit criteria;

■ For schools identified for comprehensive support:– If exit criteria is not satisfied after a number of

years (not to exceed 4 years) the State must apply more rigorous interventions.

■ For schools identified for targeted support:– Title I schools with subgroup in lowest 5%: If the exit

criteria is not satisfied after a number of years (determined by the State) the school is identified as a school for comprehensive support.

– Other Title I schools and Non-Title I schools: ??■ State discretion


District Improvement?Sec. 1111(d)(3)(B)

Maybe. ■ (NEW) The State may take action to initiate

improvement in any LEA with a significant number of schools:

– that are consistently identified for comprehensive support that do not meet the exit criteria; or

– identified for targeted support and improvement.

■ What could this include?– Up to the SEA!


Timeline for Improvement?

■ (NEW) Beginning 2018-2019, must identify schools for comprehensive support and improvement at least once every 3 years. ESSA 1111(c)(4)(D)

■ What about School Year 2017-2018??– Dear Colleague Letter, January 13, 2017:

– States will continue to serve its existing priority and focus schools

■ States may remove from the list of priority and focus schools any school that has met the State’s exit criteria; or

■ States may refresh its list using its existing methodology in place prior to the start of the 2017–2018 school year.

– OR States with an approved ESSA plan may identify schools for comprehensive and targeted support and improvement.


27

Participation of Children Enrolled in

Private Schools

Sec. 1117


Consultation (cont.)Sec. 1117(b)

■ Consultation must include:– How school’s needs will be identified

– What services will be offered

– How, where, and by whom the services will be provided

– How the services will be assessed and how the results of the assessment will be used to improve services

– The size and scope of services

– How and when the LEA will make decisions about the delivery of services

– Pooling or consortium of funds

– Coordination with other equitable services programs


Consultation (cont.)Sec. 1117(b)■ Written affirmation that timely and meaningful consultation

occurred– Must include option that it did not!

■ Disagreement – On any subject (was private contractor only)– LEA provides in writing basis of disagreement– Right to complain – State bypass if

■ Requested by private representatives and■ Demonstration that LEA has not met requirements of this

section


28

OmbudsmanSec. 1117(a)(3)(B)

■ (NEW) To help ensure equity, the SEA shall designate an ombudsman (an official) to monitor and enforce these requirements.

■ After consultation –agreement to be forwarded to ombudsman.


Deriving The

Allocation –Title I, Part A and Title II,

Part A


The Equitable Services Allocation■ NCLB Formula:

■ Based on number of…

– Private school students

– From low-income families

– Who reside in Title I-participating public school attendance areas

– Created a PPA for each eligible attendance area that was applied to eligible private school students


29

Title I, Part A ESSA Proportionate ShareSec. 1117(a)(4)■ (NEW) Proportionate Share must be calculated BEFORE any allowable

expenditures or transfer by the LEA!

(NEW) Proportionate Share Formula:

■ LEA determines the participating public attendance school areas.

■ LEA determines number of children from low-income families residing in each participating area who attend public and private schools.

■ LEA determines proportion of children from low-income families residing in each participating area who attends private schools.

■ LEA applies the private school proportion to the LEA’s total Title I allocation to determine the equitable services proportionate shared.


Title 1, A Proportionate Share Example


(NEW) Proportionate Share Formula (assuming LEA received $1M Title I Funds):

Public School Attendance Area

Public School Low-Income Children

Private School Low Income Children

Total Low Income Children

A 500 120 620

B 300 9 309

C 200 6 206

D 350 15 365

Total 1,350 150 1,500

Proportion of Population 90% 10%

Proportionate Share $900,000 $100,000

Title I, A Expenditures/Proportionate Share (cont.)Sec. 1117(a)(4)■ (NEW) That set-aside includes:

– Administrative costs for equitable services (reasonable and necessary out of this set-aside)

– Parental Involvement (Proportionate amount of 1% Total Title I allocation)■ Using previous example (1% of $1M allocation = $1,000)

– Professional Development■ Optional, determined through consultation.

– All other activities for eligible private school students

■ Clarified in November Fiscal Guidance


30

Proportionate Share ExamplePublic School Share

$900,000

Distributed through Rank and Serve

- $9,000 Parental Involvement- $90,000 Administration

- Homeless/ N&D- Parental Involvement

- Districtwide Initiatives, etc.


Equitable Services Proportionate Share

$100,000

Distributed through Pooling or School-by-School (Per

Pupil) for services

- $1,000 Parental Involvement- $10,000 Administration

(Discussed in consultation)

Distributing the FundsSec. 1117(a)(4)(J) and 8501■ Two options:

■ 1) Pooling: pool the funds to use for students with greatest educational need anywhere in LEA; or

■ 2) School-by-School: funds follow child to private school for educationally needy children in that school

■ (This codified the previous guidance on this topic.)


CarryoverSec. 1117(a)(4)(B)and 8501(a)(4)(B)■ Funds allocated to a local educational agency for educational

services and other benefits to eligible private school children shall be obligated in the fiscal year for which the funds are received by the agency.

■ (NEW) There may be extenuating circumstances in which an LEA is unable to obligate all funds within the timeframe.

■ Under these circumstances, funds may remain available for the provision of equitable services under the respective program during the subsequent school year.


31

State Notice To Private SchoolsSec. 1117(a)(4)(C) and 8501(a)(4)(C) ■ (NEW) Each SEA must provide notice in a timely manner to

the appropriate private school officials in the State of the allocation of funds for educational services and other benefits under this part that the local educational agencies have determined are available for eligible private school children.

– Timing should be discussed during consultation

– No later than before the beginning of the school year

– Dissemination should be discusses in consultation


TITLE II, APREPARING, TRAINING, AND RECRUITING HIGH-QUALITY

TEACHERS, PRINCIPALS, OR OTHER SCHOOL LEADERS


Definition of School LeaderSec. 8002(44)

■ Who is a school leader?– Principal, assistant principal, or other

individuals who is:■ An employee or officer of an elementary school or

secondary school, LEA, or other entity operating an elementary or secondary school; and

■ Responsible for the daily instructional leadership and managerial operations in the elementary or secondary school building.


32

Title II, A FormulaSec. 2101(c)

■ Makes adjustments to formula to focus more heavily on poverty

– On both State and LEA-level allocations

– Transitions to 20% population, 80% poverty by 2020

■ Phases out hold-harmless by 2023


Title II, A State Grants Sec. 2101(c)

■ State grants– 1% for administration– 95% for subgrants– 4% State activities

■ 75% (or 3% of State grant) may be used for subgrants to LEAs for State activities

■ State activities include:– Reforming certification/licensure/tenure systems, – Technical assistance, – Improve equitable access to effective teachers, – Programs that establish, or improve alternative routes for

state certification, etc.


Title II, A Guidance

■ Encourages States and districts to use Title II funds to make sure students have access to effective teachers, e.g. through:

– Bonuses, pay raises, and other perks to attract high-quality teachers to high-needs schools

– Extra pay to teachers who teach in high-needs subjects, or teach special populations, such as English-language learners

– Creating "co-teaching" classrooms in high-needs schools, where beginning teachers work alongside a more experienced educator

– Addressing working conditions in high-needs schools


33

Title II, A Guidance

■ Class size reduction still an allowable use of funds

– Explicitly permitted in statute

– BUT now guidance says district must have evidence to back up practice

■ Cites new ESSA definition of “evidence-based”


TITLE IV, ASTATE INNOVATION AND

LOCAL FLEXIBILITY


Student Support and Academic Enrichment GrantsTitle IV, A

■ New block grant-type program

■ Formula granted to States based on share of Title IA– State may reserve up to 1% for administration, 4% for State activities

■ LEA min allocation $10,000

– LEAs may spend up to 2% on administration

– If LEA received over $30,000, LEAs must spend:

■ At least 20% of funds on at least one “well-rounded educational opportunities” activity

■ At least 20% on at least on “safe and healthy students” activity

■ Some portion funds to support effective use of technology (no more than 15% on technology infrastructure)


34

Student Support and Academic Enrichment Grants (cont.)

■ “Well-rounded educational opportunities” activities include (Sec. 4107):

– Career and college counseling/guidance– Arts and music programs that promote problem solving

and conflict resolution – STEM programming and activities– Accelerated learning– History, civics, economics, geography, foreign language,

and environmental education– Community involvement



■ “Safe and Healthy Students” activities include (Sec. 4108):

– Drug and violence prevention

– School-based mental health services

– Health and safety practices in school/athletics

– Physical/nutrition education

– Bullying and harassment prevention

– Relationship-building schools

– Dropout prevention and re-entry

– Training for school personnel in drug, violence, trafficking, and trauma



■ “Effective use of technology” may include (Sec. 4109):

– Professional learning tools, technology, devices, and content for adaptive learning programs

– Building technological capacity– Developing strategies for use of digital learning

technologies– Blended learning projects– Professional development– Remote access for students in rural/remote/

underserved areas


35

Supplement Not SupplantSec. 4110

Funds made available under this subpart shall be used to

supplement, and not supplant, non-Federal funds

that would otherwise be used for activities authorized

under this subpart.


NOTABLE CHANGES IN REMAINING

TITLES V-IX


Title V – TransferabilitySec. 5103

Now allows SEAs or LEAs to transfer all of their funds under:– Title II-A (Professional Development), – Title IV-A (Student Support), or– Sec. 4204(c)(3) (Awards for Youth Development Programs –

State only)

Between those provisions, and into (but not out of):– Title I, Part A (Academic Disadvantaged),– Title I, Part C (Migrant),– Title I, Part D (Neglected and Delinquent),– Title III, Part A (English Learners), or – Title V, Part B (Rural Education).


36

Consolidated Administration Sec. 8201(a)-(b)The SEA may consolidate any amounts specifically made available to it for State admin under one or more of the ESSA programs.

■ Uses of Funds: The SEA shall use funds for the administration of the programs included in the consolidation.

■ Additionally, funds may be used for:

A. The coordination of consolidated programs;

B. The establishment and operation of peer-review mechanisms;

C. Admin and State-activities under Title VIII;

D. The dissemination of information regarding model programs and practices;

E. Technical assistance;

F. Training personnel engaged in audit and other monitoring activities;

G. Implementation of the Cooperative Audit Resolution and Oversight Initiative;

H. Implementation of fiscal support teams.106Brustein & Manasevit, PLLC © 2017. All rights reserved.

Maintenance of Effort (MOE)Sec. 1118(a) and 8521

■ The combined fiscal effort per student or the aggregate expenditures of the LEA

■ from state and localfunds

■ from preceding year must not be less than 90% of the second preceding year.


MOE ConsequencesSec. 8521(b)

■ SEA must reduce amount of allocation in the exact proportion by which LEA fails to maintain effort below 90%.

– Calculate using total expenditures and per pupil

– The amount of the reduction would be the lesser penalty of the two calculations.


37

MOE Consequences (cont.)Sec. 8521(b)

(NEW) LEA is not subject to sanctions for failing to maintain 90% effort for one year (either combined fiscal per student or aggregate State and agency expenditures) provided it has not failed to meet MOE for one or more of five immediately preceding fiscal years.


MOE Waiver Sec. 8521(c)

Secretary of Education may waive MOE if “equitable”:– Exceptional or uncontrollable circumstances, such as a

natural disaster; or

– (NEW) a change in the organizational structure of the LEA; or

– A precipitous decline in the financial resources of the LEA.


QUESTIONS?


38

http://www.shoplrp.com/product_p/300672.htm

This book is a straightforward explanation of the new ESSA Title I requirements.

Chapters start with a bulleted list of key changes to the ESEA!

Only $89.50!!


Disclaimer

■ 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.


esc 4 preparing for essa 05 17 music, history, ... sbr evidenced based means an activity, strategy,...

Documents