Survival of the Fittest

1. Survival of the Fittest Status of Federal Education Legislation Julia Martin, Esq. jmartin@bruman.com Brustein & Manasevit, PLLC Spring Forum 2015

2. ESEA Brustein & Manasevit, PLLC

3. ESEA Progress • For House/Senate Committees, ESEA is reauthorization priority #1 • Senate Committee on Health, Education, Labor, and Pensions (HELP) • Discussion draft released, hearings began mid-January • Alexander-Murray bill released in early April, markup in mid-April • House Committee on Education and the Workforce • Student Success Act (H.R. 5) introduced early February, approved by Committee February 11th • No hearings – building on debate in 113th Congress Brustein & Manasevit, PLLC

4. Problems on House Floor • Set for vote last week of February, but bill was pulled from schedule before final vote • Vote scheduled for same day as Homeland Security funding bill • Objections from conservative Republican groups: • Not enough of a departure from NCLB • Too tolerant of Common Core • Not enough flexibility for States/districts  too prescriptive • Did not allow Title I portability funds to be used at private schools Brustein & Manasevit, PLLC

5. Remaining Hurdles • Busy House/Senate schedule • Other legislative priorities • Democratic opposition • From within Congress and from President/administration • Concerns about “walking back” accountability/ civil rights • Concerns about funding/portability • Republican opposition • Opposition from conservative Reps., action groups Brustein & Manasevit, PLLC

6. Where to go from here? • Two choices (assuming Senate Passes bill): • House passes Senate bill (or vice versa) • Then Senate passes revised version with any House amendments, sends to President for signature • House and Senate meet in “conference” to work out differences between bills • Final compromise legislation must be passed by House and Senate, then sent to President for signature • Both options complicated by House problems in passing bill Brustein & Manasevit, PLLC

7. Likely Contents of ESEA Reauthorization • What’s Definitely Out • AYP • Instead: States design and implement plans for intervention and improvement • Requirement to adopt specific college- and career-ready standards • Instead: leaves standards and assessments up to States • Race to the Top (and i3) • Instead: focus on formula funding (and budget-cutting) • Teacher evaluations, HQT • Instead: focus on State licensure/training/PD Brustein & Manasevit, PLLC

8. Likely Contents of ESEA Reauthorization • What’s Definitely In • Title I structure, formula • Charter school grants • Focus on States with laws more open to charters • Limitation on Secretarial waiver, decision-making authority • Funding flexibility between Titles II and IV • Consolidation of some programs/titles • Supplement, not supplant (but some changes) • Maintenance of effort (may change?) Brustein & Manasevit, PLLC

9. ESEA Flashpoints • Appropriations • House bill, Senate discussion draft would limit total appropriations to FY 2015 levels • Senate bill as introduced allows “such sums” as necessary • White House veto threat mentioned limitation on funding as negative • Assessments • Senate draft included potential for allowing grade-span assessments • Pressure from parent and other advocacy groups to lessen testing • White House pushback, support from Democratic and Republican leadership for current requirement  accountability

10. ESEA Flashpoints • Title I Portability • House bill would allow States to set up systems where Title I funding follows low-income student to school of their choice • White House, left-leaning advocacy groups highly critical • In House floor debate, conservatives ask for even more on portability (funding for private schools) • Senate bill as introduced has no portability • Introduced as amendment Brustein & Manasevit, PLLC