Status of ESEA, IDEA, Perkins, AEFLA and WIA Reauthorizations

1. Status of ESEA, IDEA, Perkins, AEFLA and WIA Reauthorizations Leigh Manasevit, Esq. lmanasevit@bruman.com Michael Brustein, Esq. mbrustein@bruman.com Brustein & Manasevit, PLLC Fall Forum 2012

2. ESEA…This Law Failed, So Change it, Maybe?Without Reauthorization? 2 Brustein & Manasevit, PLLC

3. Where’s Waldo? Mentions of NCLB are going, going… 3 Brustein & Manasevit, PLLC

4. …gone. Brustein & Manasevit, PLLC 4

5. Education Committees House 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) Brustein & Manasevit, PLLC 5

6. Reauthorization Under Obama White House and Duncan Department of Education Race to the Top (RTT) • Began with ARRA • Virtually no Congressional direction

7. Race to the Top (RTT) State: 3 Phases • Lengthy applications – hundreds of pages • Over 40 items for scoring

8. RTT – State Priorities • Educational Reform • Stakeholder Support • Raising Achievement • Closing GAP • Common Standards • High Quality Assessments

9. RTT – State Priorities (cont.) • Improved Data • Teacher and Principal Effectiveness - Achievement • Lowest Achieving Schools • Charters and Other Innovative Schools

10. 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

11. SIG 1003g • After ARRA… • Nearly 90 pages of “guidance” • Mandatory definitions for school eligibility • “Persistently lowest achieving schools” • Tiers 1-3

12. SIG 1003g • 4 mandatory turnaround models • Turnaround • Restart • Closure • Transformation (Emphasis on High School graduation)

13. SIG 1003g • Flexibility on Basic Title I Requirements • Schoolwide • Title I “Eligible”

14. Faux Reauthorization: Waivers

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

16. “ESEA Flexibility” September 23, 2011 • 10 provisions subject to waiver – all or nothing • 2013-2014 timeline • School improvement consequences

17. “ESEA Flexibility” September 23, 2011 • LEA improvement identification • Rural LEAs • Schoolwide

18. Waivers • School Improvement • Reward Schools • HQT Improvement Plans • Transferability • SIG

19. Waivers • Optional #11 • 21st Century Community Learning Centers

20. New Waiver #12 • No AYP determination for LEAs or Schools

21. New Waiver #13 • LEA may serve Title I eligible priority high school with graduation rate under 60% without regard for rank and serve???

22. New Waiver Not Numbered • 11-12 assessment use 10-11 AMOs • For waiver intent

23. 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…”

24. 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

25. RTT-D • Executive Summary (22 pages) • FAQs (50+ pages)

26. 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

27. 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

28. 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 evaluations with student achievement as significant factor

29. 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

30. 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

31. Status of IDEA Reauthorization • No action but overdue

32. Status of Carl Perkins CTE Reauthorization

33. 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

34. Amendments 1968 1976 1984 Perkins I 2006 Perkins IV 1998 Perkins III 1990 Perkins II

35. Perkins IV • Authorized through FY 2012 • Section 422 of GEPA • Contingent extensions of programs

36. Projected Time Table? • Not likely to be reauthorized in 2013 • If reauthorized in 2014 transition year would be 2015

37. Common Fears! • Folded into ESEA NO! • Eliminate federal support for secondary CTE NO! • Moved to DOL NO!

38. Administration’s CTE Blueprint • Alignment • Collaboration • Accountability • Innovation See Overview of the Existing Perkins Act and Proposed Reforms

39. CTE Community Opposes • Shift from formula to competition • Secondary/postsecondary consortia • Required match from business

40. Status of AEFLA Reauthorization

41. Workforce Investment Act of 1998 • Title II AEFLA • Authorized through 2003 • Augmented DOL role?

42. AEFLA Is Noncontroversial • Delay due to WIA issues • EL Civics folded in • Contingent extension • Multiple year funding • Federal awards not bifurcated

43. Status of WIA Reauthorization

44. Authorized through 2003 • Last five Congresses tried but failed to reauthorize

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

46. Most significant stumbling block… • …role of faith based providers

47. 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

48. 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

49. 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.