Status of ESEA, IDEA, Perkins, AEFLA and

WIA ReauthorizationsLeigh Manasevit, Esq.

lmanasevit@bruman.comMichael Brustein, Esq.

mbrustein@bruman.comBrustein & Manasevit, PLLC

Fall Forum 2012

ESEA…This Law Failed, So Change it, Maybe?Without Reauthorization?

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Where’s Waldo?

Mentions of NCLB are going, going…

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…gone.

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Education CommitteesHouse 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) to Lamar Alexander(R-TN)

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Reauthorization Under Obama White House and Duncan Department of Education

Race to the Top (RTT)•Began with ARRA •Virtually no Congressional direction

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Race to the Top (RTT) State: 3 Phases

• Lengthy applications – hundreds of pages• Over 40 items for scoring

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RTT – State Priorities

• Educational Reform• Stakeholder Support• Raising Achievement • Closing GAP• Common Standards–High Quality Assessments

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RTT – State Priorities (cont.)

• Improved Data• Teacher and Principal Effectiveness -

Achievement• Lowest Achieving Schools• Charters and Other Innovative

Schools

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School Improvement Grants (SIG) 1003g

• Existed as small program before ARRA (Since NCLB)• Statute is 1.25 pages long – –Directs use of funds for lowest achieving

schools

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SIG 1003g

• After ARRA…–Nearly 90 pages of “guidance” –Mandatory definitions for school

eligibility•“Persistently lowest achieving schools”•Tiers 1-3

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SIG 1003g

• 4 mandatory turnaround models–Turnaround–Restart–Closure–Transformation (Emphasis on High School graduation)

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SIG 1003g

• Flexibility on Basic Title I Requirements–Schoolwide–Title I “Eligible”

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FAUX REAUTHORIZATION: WAIVERS

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June 28, 2011 Congressional Research Service (CRS) Report on Secretary of Education’s Waiver Authority1.ED has the authority to waive accountability provisions of Title I, Part A2.It is unclear if Secretary can condition a waiver on other action(s) not required by law

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“ESEA Flexibility” September 23, 2011

• 10 provisions subject to waiver – all or nothing1. 2013-2014 timeline

2. School improvement consequences

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“ESEA Flexibility” September 23, 2011

3. LEA improvement identification4. Rural LEAs5. Schoolwide

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Waivers

6. School Improvement7. Reward Schools8. HQT Improvement Plans9. Transferability10. SIG

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Waivers• Optional #11–21st Century Community Learning

Centers

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New Waiver #12

• No AYP determination for LEAs or Schools

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New Waiver #13

• LEA may serve Title I eligible priority high school with graduation rate under 60% without regard for rank and serve???

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New Waiver Not Numbered

• 11-12 assessment use 10-11 AMOs• For waiver intent

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RTT Local Competition Proposal Released

• June 7, 2012 Letter to Secretary Duncan by National Governors Association, Council of Chief State School Officers, National Association of State Boards of Education– “States have the primary responsibility for educating their

students…”

• June 8, 2012 letter to Secretary Duncan National School Boards Association– “SEA’s have formal and extensive education expertise and

missions, but they are not responsible for delivering educational services at the local level. Education is provided by local school districts…”

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ED Opens RTT to Districts, Groups of Districts

• 116 page application• Minimum 2000 students (less than ½ US

Districts)• Can band together• Nearly 900 intend to apply

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RTT-D

• Executive Summary (22 pages)• FAQs (50+ pages)

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House•Chairman Kline’s small bills•Eliminating some federal education programs (passed Committee)•Promoting Charter expansion and replication (passed)•Only one of these bills with bipartisan support

•Increasing funding flexibility (passed Committee)•Student Success Act, H.R. 3989•Passed Committee on February 28, 2012

•Encouraging Innovation and Effective Teachers Act, H.R. 3990•Passed Committee on February 28, 2012

A Bill That Will Not Become Law But May Influence the Debate

Chairman Kline Flexibility Bill (H.R. 2445) (passed committee July 13, 2011)

“State and Local Funding Flexibility Act” • Creates essentially unlimited transferability • Unlikely to become law • However all reauthorizations add some flexibility.

-NCLB– ED Flex– Transferability– State Flex, Local Flex

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Student Success Act (H.R. 3989) and Encouraging Innovation and Effective Teachers Act (H.R. 3990)

• Eliminates AYP – Returns responsibility to States

• Eliminates mandatory interventions• Retains SEA/LEA Report Cards• Allows Greater Transferability• Removes MOE • Eliminates 40% threshold for SW• Requires teacher and principal

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The Harkin Bill: Key Changes

• No more AYP or 100% proficiency goal– State-designed assessments and

accountability systems• No longer label schools passing or “in

need of improvement”– Federally mandated focus on bottom

5% of schools• Codifies Race to the Top, Invest in

Innovation

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Harkin Bill: Conflict and Quick Capitulation …er… Resolution with Teachers

• 1st Draft conditioned Title II funding on implementation of teacher/principal evaluations

• Unions and others came out strongly against this provision

• Original draft modified to make evaluations suggested, but not required

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Status of IDEA Reauthorization

• No action but overdue

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Status of Carl Perkins CTE Reauthorization

Vocational Education Act of 1963 P.L. 88-210(Pioneer of State Administered Programs)

• Sole state agency concepts• State Plan / Local Plan• Carrot / stick Affirmative Action

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Amendments

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1968 1976 1984Perkins I

1990Perkins II

1998Perkins III

2006Perkins IV

Perkins IV

• Authorized through FY 2012• Section 422 of GEPA–Contingent extensions of programs

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Projected Time Table?

• Not likely to be reauthorized in 2013• If reauthorized in 2014 transition year would

be 2015

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Common Fears!

• Folded into ESEA NO!• Eliminate federal support for secondary CTE

NO!• Moved to DOL NO!

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Administration’s CTE Blueprint

• Alignment• Collaboration• Accountability• Innovation

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See Overview of the Existing Perkins Act and Proposed Reforms

CTE Community Opposes

• Shift from formula to competition• Secondary/postsecondary consortia• Required match from business

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STATUS OF AEFLA REAUTHORIZATION

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Workforce Investment Act of 1998

• Title II AEFLA• Authorized through 2003• Augmented DOL role?

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AEFLA Is Noncontroversial

• Delay due to WIA issues• EL Civics folded in• Contingent extension• Multiple year funding• Federal awards not bifurcated

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STATUS OF WIA REAUTHORIZATION

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• Authorized through 2003• Last five Congresses tried but failed to

reauthorize

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• ETA/DOL has issued so many waivers that original law’s structure is not in place

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Most significant stumbling block…

• …role of faith based providers

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Changes Agreeable to Both Parties:

• Streamlined State and Local WIBs• More private industry/business control• Simpler and less onerous accountability and

data• Authority for One-Stops to contract out

services

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Changes Not Agreeable to Both Parties

• Consolidation of Funding Streams• Eliminate Title III - Wagner-Peyser Act• Reduction of $ for In-School Youth• Role of Faith-Based Providers

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Disclaimer

This presentation is intended solely to provide general information and does not constitute legal advice. Attendance at the presentation or later

review of these printed materials 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.