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The Intersection of the Every Student Succeed Act (ESSA) and The Individuals with Disabilities Education Act (IDEA) 1

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Page 1: The Intersection of the Every Student Succeed Act (ESSA ... · ESSA Requires State Plan Coordination with Other Federal Programs Individuals with Disabilities Education Act Rehabilitation

The Intersection of the

Every Student Succeed Act

(ESSA)

and

The Individuals with Disabilities

Education Act

(IDEA)

1

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ESSA Timelines 2

December 10, 2015 ESSA Signed by President Obama

May 31, 2016 Draft ESSA Regulations Published

July 1, 2016 Changes to Formula Programs

August 1, 2016 Utah Waiver ends

October 2016 Final ESSA Regulations Published

March 6, 2017 or July 5, 2017 State Plan Submission

2017-2018 Full Compliance with ESSA Regulations

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ESSA Requires State Plan Coordination

with Other Federal Programs

Individuals with Disabilities Education Act Rehabilitation Act of 1973 Workforce Innovation and Opportunity Act (WIOA) Carl D. Perkins Career and Technical Education Act of 2006 Head Start Child Care and Development Block Grant Act of 1990 Education Sciences Reform Act of 2002 Education Technical Assistance Act of 2002 National Assessment of Educational Progress Authorization Act McKinney-Vento Homeless Assistance Act Adult Education and Family Literacy Act

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Intersecting and Supportive Purposes

IDEA

ESSA

To provide all children significant opportunity to receive a fair, equitable, and high quality education, and to close educational achievement gaps.

IDEATo ensure that all children with disabilities have available to them a free appropriate public education… designed to meet their unique needs and prepare them for further education, employment, and independent living.

ESSA

3

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Building an Interconnected System that Benefits Each Student in Utah

4

Utah State-level IDEA Plan

LEA Plans

(ESSA and IDEA)

Utah State-level ESSA Plan

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Equality Lens

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Discussion Questions (PREVIEW)

In the process of considering the need for an interconnected system and equity:

Identify strengths in supports and services currently provided to students with disabilities.

Identify challenges or gaps in supports and services provided to students with disabilities.

What is your vision for supporting students with disabilities? What would success look like?

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Utah (State) Plan

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Coordinated with other Federal programs under ESSA and IDEA

Developed with meaningful consultation with Governor,

legislature, USBE, LEAs, school leaders, specialized

instructional support personnel, paraprofessionals, administrators, and parents

Process of Developing State ESSA Plan 5

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Stakeholder Engagement

“Throughout all stages of policy development and implementation, continuous feedback is essential to creating buy-in from stakeholders.”

John B. King, Jr., Secretary of Education

Letter on Every Student Succeeds Act Implementation to Colleagues on June 23, 2016

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Never Waste a Good Opportunity to Innovate!

Solicit input from non-traditional stakeholders

Consider TA supports for standards-based IEPs, to assist IEP teams in the connection between specialized instruction needs and grade-level core standards and post-secondary outcomes

Examine CTE participation by students with disabilities and identify any needed supports that could lead to improved postsecondary outcomes

Model coordination between administrators, Title programs, school counselors, and special education staff

Discuss need for equity and access to grade-level standards with school staff and families

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Utah ESSA Plan Contents

State Standards

Statewide Assessments

Accountability

Connection and Support of Educational Programs

Federal Programs

Early Childhood

15

Equity of Educator Assignments

Improvement of School Conditions for Student Learning

Reduction of bullying and harassment

Reduction of disciplinary practices that remove students from the classroom

Reduction of aversive behavioral interventions that compromise student health and safety

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Discussion Questions (PREVIEW)

How does the new vision for engagement outlined in ESSA differ from what we are used to doing as educators and leaders?

What new skills will staff need to lead and participate in stakeholder engagement?

With greater decision-making vested at the state and local levels, what practice changes must we embrace as we plan and implement ESSA?

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State Standards

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Challenging Academic Standards

Apply to all public schools and public school students

(including those with disabilities)

Aligned with coursework of public higher education and

relevant State CTE

Include alternate academic achievement standards for only

students with the most significant cognitive disabilities

Mathematics, reading or language arts, and science,

and other areas of State choice

Prohibit the development of other alternate or modified

academic achievement standards

Student Achievement Assessments

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Alternate Achievement Standards for Students with the Most Significant Cognitive Disabilities 22

Promote access to the general

education grade-level curriculum

Ensure the student meeting the

alternate standards is on track to

pursue postsecondary education or employment

Aligned with State grade-level standards

Reflect professional judgement as to

highest possible standards

achievableby such students

Are designated in the IEP and parents are

informed of potential impact

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Statewide Assessments

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Student Achievement Assessments

For all public elementary and secondary school students

Aligned with State standards and provide coherent and timely information about

student attainment of such standard and whether the student is performing at the

student’s grade level

Be valid and reliable and do not assess

personal or family beliefs or disclose

personally identifiable information and

involve multiple up-to-date measures

including assessing higher-order thinking

skills and understanding

Mathematics, reading or language

arts, and science

Be developed, to the extent practicable, with principles of Universal Design for

Learning (UDL)

Provide for participation of all students in assessments with

appropriate accommodations, such as interoperability with, and ability to use, assistive

technology

Provide coherent and timely information about student

attainment of standard and performance at the student’s

grade level

Be administered in

mathematics and reading or

language arts in grades 3-8

and at least once each in

grades 9-12 and in science in

grades 3-5, 6-9, and grades 10-

12

Participate biennially in the NAEP in reading and

mathematics for grades 4 and 8

95% Participation

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Assessing Students with Disabilities in Statewide Assessments

Statewide Assessment

All students with disabilities (except for small portion who

take the alternate)

Also includes NAEP, when LEA and students with disabilities are

selected

Both

Same subjects and grades

Professional development to general and special educators

IEP teams decide how to participate (within requirements

and criteria)

Results reported for students with disabilities and compared to non-

disabled peers

Alternate Achievement Assessment

Limit of 1% of students assessed in Utah in each subject or grade

level for Utah and LEA*

Meet Eligibility Criteria

Requires new parental notification on potential delay or otherwise affect

students from completing requirements for high school diploma

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Alternate Achievement Assessmentsunder ESSA

Utah State Board of Education and LEAs:

Develop, disseminate information on, and promote the use of appropriate accommodations to increase the numbers of students with significant cognitive disabilities participating in grade-level academic instruction and assessments

Do not “preclude a student with the most significant cognitive disabilities who takes an alternate assessment from attempting to complete the requirements for a regular high school diploma”

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What About IEP Team Decisions?IEP Team Decision

IEP team membership includes required team members

IEP goals, placement, and services that allow the student with disabilities to progress in the grade-level core standards (including assistive technology and accommodations)

How the student with disabilities will participate in state and LEA-level assessments

Not Allowable under ESSA or IDEA

Holding IEPs without all required team members, unless parent signed written excusal prior to meeting

Selection of standards other than grade-level state standards or grade-level alternate achievement standards

Determining if students with disabilities will participate in a statewide or LEA assessment (although 53A-15-1403 permits parents to excuse a student from statewide assessments)

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What About IEP Team Decisions (cont.)?

IEP Team Decision

Alternative Achievement standards and assessments are designated in the IEP, if student meets criteria and team determines (and IEP then includes benchmarks or short-term objectives)

Parents “are clearly informed, as part of the IEP, “that their child’s academic achievement will be measured based on the alternative achievement standards and how participation in such [alternate achievement] assessments may delay or otherwise affect the student from completing the requirements for a regular high school diploma”

Decision for student with disabilities not meeting eligibility criteria to participate in the Alternate Achievement Standards and Assessment

Not Allowable under ESSA or IDEA

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Discussion Questions (PREVIEW)

IEPs must be aligned to state academic content standards for the grade-level in which the student is enrolled.

How will you communicate with school staff and families the importance of students with disabilities being held to the same challenging state academic standards as their nondisabled peers?

How will you model a shared commitment to high expectations for all students, including students with disabilities?

https://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/guidance-on-fape-11-17-2015.pdf

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Accountability

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ESSA Accountability

States set accountability levels in three areas:

Reading, math, and science

High school graduation rates

At least one nonacademic indicator of school quality or child success

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Utah Reporting of Assessment Results Produce individual, school, and LEA assessment reports which “allow parents,

teachers, principals, and other school leaders to understand and address the specific academic needs of students

Provide a report, as soon as practical, in an “understandable and uniform format” in a language “parents can understand” by:

Comparison of children with disabilities to

children without

disabilities

Migrant status

Comparison of children who

are economically

disadvantaged children to

children who are not

English proficiency

statusGender

Each major racial/ethnic

group

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Accountability System Must Address Subgroup Performance

The Utah accountability system will include specific information for all students and each subgroup, including students with disabilities, containing:

Long-term goals, with the same multi-year length of time

Academic achievement, as measured by proficiency on annual State assessments

Student growth may be measured, at the State’s discretion

Four-year adjusted cohort graduation rate (for high schools)

At the State’s discretion, the extended-year adjusted cohort graduation rate (which must have a more rigorous long-term goal than that set for the four-year adjusted cohort)

Not less than one indicator of school quality or student success (e.g., engagement, access and completion of advanced coursework, postsecondary readiness, school climate and safety, other State selected)

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Additional Plans for Students in Lagging Subgroups

For subgroups behind on academic achievement and graduation measures, must take into account the improvement necessary on such measures to make significant progress in closing statewide proficiency and graduation rate gaps

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Discussion Questions (PREVIEW)

There continue to be individuals who believe that students with disabilities cannot achieve rigorous standards or demonstrate mastery of such. As a result, there can be pressure not to include some SWD in general assessments and to push them towards an alternate assessment.

How might you leverage stakeholder relationships to identify and point to examples of success, as a strategy for helping change beliefs about student capacity and performance in assessments?

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Connection and Support of Educational Programs

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Family Engagement

The USBE will support the collection and dissemination of family and parent engagement strategies

How will families be included in planning?

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Supporting Early Childhood Education

ESSA

Describe how the State provides assistance to LEAs choosing to use ESSA funds to support Early Childhood Education programs

Opportunity to apply for competitive ESSA Preschool Grant

IDEA

Preschool (ages 3-5) special education services, under an IEP, must be provided in the Least Restrictive Environment (LRE) and along the continuum of alternative placements, as determined by the IEP team and based on the student’s individual needs

Ensure preschool aged students with

disabilities can access services with

nondisabled peers

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Braiding of Funds

State must illuminate or modify barriers so that schools can “easily consolidate funds from other Federal, State, and local sources to improve educational opportunities.”

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Opportunity to Expand

As Utah considers potential changes to the current accountability system, there is an opportunity to consider areas such as measures related to:

Early Childhood (ages 3-5)

Linkage of preK and k-12 data, interventions, and outcomes

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Equity of Educator Assignments

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Back to the Equity Lens, Again

Consider the educational equity of educators assigned to work with “low income and minority children”

State will ensure that all teachers and paraeducators working in a program supported by ESSA funds, meet applicable State certification and licensure requirements, including any through alternative routes to certification

The USBE has professional standards for paraprofessionals working in a program supported by ESSA funds, including qualifications that were in place “on the day before the enactment of the” ESSA

http://schools.utah.gov/sars/Programs-Areas/Paraeducators.aspx

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Improvement of School Conditions for Student Learning

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State Support to LEAs to Improve School Conditions for Student Learning

Bullying and harassment

The overuse of discipline practices that remove

students from the classroom

The use of aversive behavioral interventions

that compromise student health and safety

Reducing (for PreK and K-12):

USBE R277-609. Standards for LEA Discipline Plans and Emergency Safety Interventions

MTSS

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State ESSA Report

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Annual State ESSA Report

Information on the achievement of students on the academic assessments including the disaggregated results for the subgroups of students

Information on the acquisition of English proficiency by English learners

The number and names of each public school in the State

(i) identified for comprehensive support and improvement and implementing targeted support and improvement

Information on the professional qualifications of teachers in the State, including information on the number and the percentage of the following teachers:

(i) Inexperienced teachers

(ii) Teachers teaching with emergency or provisional credentials

(iii) Teachers who are not teaching in the subject or field for which the teacher is certified or licensed

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LEA Improvement Plan

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Coordinated with other Federal programs under ESSA and IDEA Developed with meaningful

consultation with teachers, principals, other school leaders,

specialized instructional support personnel, paraprofessionals,

administrators (including those of other Federal programs,

other appropriate school personnel, parents, and if the

LEA has charters (charter school leaders)

Process of Developing LEA ESSA Plan 5

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LEA-Level Improvement Plans

“align other Federal, State,

and local resources to carry

out activities…”

ESSA

Align improvement plans

Braid funds to impact student outcomes across

subgroups

Collaborate with other state agencies

Align monitoring of programs and results

Idea

s

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LEA Flexibility with ESSA Funds for Early Childhood

The language in ESSA encourages support for transitions between community-based providers and schools

Title I and Tile II include language encouraging LEAs to expand professional development opportunities to:

Include early childhood providers

Expand the knowledge of principals and other school leaders

Focus on transition, issues related to school readiness, and content designed to meet the needs of students through age 8

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Assessments: Statewide and LEA-Selected

LEA Assessments (i.e., locally –selected assessments) shall be aligned to State academic standards, provide comparable, valid, and reliable data on student achievement for all students and for each subgroup, and provide unbiased, rational, and consistent differentiation between schools

LEAs must explain to the State if they exceed the 1% cap on the alternate assessment for students with significant cognitive disabilities

LEA staff should be provided with professional development on administering assessments to students with disabilities, providing accommodations during instruction and assessment, and the principles of UDL

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Discussion Questions (PREVIEW)

What is the degree of alignment in your classroom, school or LEA between accommodations used in instruction and assessment settings?

What professional learning is needed to ensure that appropriate accommodations are provided in both instruction and assessment?

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Definition of Supplement, Not Supplant

ESSA

An LEA shall demonstrate that the methodology used to allocate State and local funds to each school receiving assistance under this part ensures that such school receives all of the State and local funds it would otherwise receive if it were not receiving assistance under this part.

IDEA

Funds paid to a state under Part B of the IDEA must be used to supplement the level of Federal, state, and local funds (including funds that are not under the direct control of the USBE or LEAs) expended for special education and related services provided to students with disabilities under Part B of the IDEA, and in no case to supplant those Federal, state, and local funds.

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THANK YOURich K. Nye, PhD

[email protected]