Education Industry Association Legislative Update

1. Education Industry AssociationLegislative Update Waiver Overview, Impact on SES, USDE Engagement and Future Opportunities

2. ESEA Reauthorization • Senate HELP Voted Bi-Partisan Bill-light on Federal Intervention and No SES. • House Committee ESEA Bill includes SES. • Both Are Important Place-marks For Future. • No Final Action on ESEA Until After Elections, and Maybe Not Even in 2013 • Focus on Jobs and the Economy

3. ESEA Waiver “101” • Sec’y Duncan Invited States to Seek Flexibility in Conditional on Accepting Fed’l Ed Reform Priorities Based on Legislative Principles. • Apply by Nov. 2011, Feb. 2012 and Sept, 2012 • External Review Panel With Guidance by USDE Staff. • “Rolling Admissions” with Great Effort to Accept Applications.

4. What Gets Waived ? • Multiple Areas of NCLB May be Waived-State May Select One or More: • Change AYP standards for 2014 • Relax Mandated Use of SES/Choice • Rural Programs • School-wide Title I • Use SIG for Priority and Focus Schools • Reward Schools • Relief from HQT Requirements • Flexibility to Transfer Funds • Use 21st CLC During School Day • States Could Request Freeze to AYP waiver application at 2011-12 levels if they need more time to prepare –”AMO Waiver” • My “take”: New Federalism—State/Local Autonomy---Blurred Accountability and Muddy Interventions that was NCLB Hallmark

5. 16 States “Most-Likely” With SES in 2012-13: Full Waiver Approved: CO--- 15% set aside for Focus Schools FL--- State Law; 15% set aside for Focus Schools AR---No set aside for Focus Schools ID---20% ; No Mandated Use of External Providers {WI and MA ---interesting RFPs for tutoring/SES AMO- Waivers Approved: AL, AK, IID, O, KS, ME, WVA Waiver Pending IL---10% for Priority Schools for 2013 SY SC---20% for Priority Schools SD---For Focus Schools Unlikely to Apply or be Approved- Status Quo: CA, TX, PA, PR, VT,

6. Waiver Recap • Full Waivers Approved as July 15: AR,CO, CT, DE, FL, GA, ID,IN, KY, LA, MD,  MA, MN,MO, NJ, NM, NY, OH, OK, RI, TN, UT, VA, WA, and WI. • Pending Approval: DC, IL, MI, MS, NV, OR, SC and VT

7. Major States Not (Yet) Applying • Pennsylvania likely to apply by Sept. deadline-impact delayed until SY 2013 • Texas unlikely to apply-status quo • California Seeks “Special” Waiver, including no mandates--Unlikely to be Granted

8. Impacts on Tutoring in Waived States • No Mandated SES but… States and LEAs Could Implement New Tutoring Interventions that Fix Past Problems: • Tougher Standards for Provider Approval • Closer Alignment of Tutoring to Classroom • More Control at LEA Level via RFPs for Tutoring in Focus and/or Priority Schools • Extended Learning Time will be “new” Student-centric Intervention • School Turn-around May Include XLT/Tutoring

9. EIA Engagement • Contacted All States on SES Best Practices and Reform Measures to Improve SES in Waiver • Met with Assistant Secretaries Carmel Martin and Michael Yudin: • Florida’s law/waiver conditions • States with SES in waiver appl • LEA waivers in non-waiver States • EIA Best Practices as Guidance for “waiver conditions” • Engaged CCSSO and NASBE support for EIA and States’ Rights

10. New Business Opportunities • Tutoring Funded By Title 1 (non-SES)-$14B • Market Tutoring as Linked to Formative Assessments in Classroom • 21 Century Learning Centers ($1B)-watch waiver states: • Yes to 21st CCLC waiver: CT, DE, FL, IN, KY, LA, MA, NJ, NM, NY, NC, OH, OK, and TN • No to 21st CCLC: RI, CO, GA, MD, and MN • English-Language Learners • RTI-Special Ed. • Test Prep for ACT/SAT/AP and State Assessments • Extended Learning Time • Credit Recovery and Support to Promote HS Graduation • Link to SIG/Turn-around Interventions • Professional Development • WIA, Youth Build • Get Accredited • Go on-line

11. To Learn More…. • www.educationindustry.org • www.ed.gov/esea/flexibility/requests