What’s New In Title I???

1. What’s New In Title I??? Chuck Edwards - Thompson Publishing Tiffany R. Winters, Esq. – Brustein & Manasevit, PLLC May 2, 2013

2. The New Title I – 8th edition just completed! • Two years since the last edition • 3rd edition since ESEA was due for reauthorization! • Good chance to look back at changes affecting Title I - all reflected in the book

3. Accountability Requirements Biggest Change = ESEA Flexibility • Waives numerous Title I requirements, but most relate to • How to identify lagging schools -- eliminates AYP, 2013-14 deadline • How to fix lagging schools – eliminates • School Choice • Supplemental educational services • Mandated expenditure on professional development

4. Accountability Requirements (cont.) Four ESEA Flex Principles – Adds new requirements • Tougher standards and assessments • “Differentiated accountability” – different strokes for different folks (schools) • Teacher evaluation based on student growth • State deregulation

5. Title I Standards and Assessments • Remember that little thing called the Common Core State Standards – adopted by 45 states and DC. • ESEA Flex largely embraces Common Core State Standards (but others OK if approved by state universities, e.g., Virginia) • Only state sitting out both ESEA Flex and Common Core = Texas • But remember – central standards and assessment requirements were established by 2001 NCLB and still apply! Such as…. • Equal standards for all students (including students will disabilities, English learners) • Valid, reliable assessments • Test all students • Accommodations

6. Title I Accountability – What’s Gone? • ESEA Flex sweeps away most of prescriptive NCLB accountability structure. • Eliminates school improvement timelines, AYP. • Frees up huge chunk of funds for services (20% for choice/SES, 10% for P.D. and associated administration). • Non-ESEA-Flex states: • You’re stuck with it! • Some elements of law = virtually irrelevant (but you still gotta comply!)

7. Title I Accountability – What Replaces It? Differentiated Accountability! – • States set own criteria for intervention – includes NCLB metrics like annual measurable objectives (AMOs) and four-year grad rates, but can include many others. • How to intervene? = Unlike NCLB, one size does NOT fit all. • Bottom 5% (Priority schools) – Federal rules for remediation shoved down to worst schools – highly prescriptive, like SIG “persistently lagging schools”; • Next 10% (Focus schools) — A few federal rules; • Remaining 85% — Blue sky! States completely free to set own interventions.

8. But NCLB Reporting Remains! • Concern: If states set own criteria for intervention, won’t they ignore performance of subgroups and focus on average school performance, as pre-NCLB? • Answer: NCLB reporting requirements remain! For example: • How states uses grad rates may vary, but still must still break out four-year rates. • How states use annual measurable objectives may vary, but must still report by subgroups. • Meaning = Report cards are critical (particularly for subgroup achievement).

9. Teacher ‘Quality’ and Evaluation • “Highly qualified teacher” requirements • Still in effect for everybody! • Penalties waived only in ESEA flex states • Teacher evaluation in ESEA Flex states – CONTROVERSY! • Teacher evaluation based “to a significant degree” on student achievement growth • Pushback – how measure teachers in courses not tested on state tests • Costs — may not use Title I funds to develop teacher evaluation systems for all teachers

10. Supplement Not Supplant – Important Developments • Supplement Not Supplant • Requirement remains the same, but… • ED clarified: • If State/local law was passed for compliance with ED Flex waiver then SNS would not be presumed with respect to the first SNS presumption (in accordance with the A-133 compliance supplement). • Did not change the other 2 presumptions!

11. Time and Effort Requirements • All States, Territories and other Grantees are still required to keep time distribution records. • For all employees paid in whole or in part with federal funds. • OCFO clarified what a “single cost objective” is and that an employee can work on a single cost objective but be funded under multiple funding streams.

12. New Preschool Guidance • Applicable to All States! • Clarifies how you can use Title I funds to: • support a campus or district preschool; or • supplement other federal, state or local programs. • Eliminates confusions dating back two decades.

13. Other Changes • Numerous other policy changes affect all other chapters in The New Title I, including: • equitable services for private school students; • allocation of funds; • parental involvement; and • charter schools.

14. Questions?? • For questions about the content of The New Title I: The Changing Landscape of Accountability, contact Chuck Edwards at chuck.edwards@thompson.com. • To purchase the book, visit http://www.thompson.com or call Customer Service at 1-800-677-3789.