Survival of the Fittest

Status of Federal Education Legislation

Julia Martin, Esq.jmartin@bruman.com Brustein & Manasevit, PLLCSpring Forum 2015

ESEA

Brustein & Manasevit, PLLC 2

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 3

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

4

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

5

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 6

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/PDBrustein & Manasevit, PLLC

7

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

8

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 9

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 choiceWhite House, left-leaning advocacy

groups highly criticalIn House floor debate, conservatives

ask for even more on portability (funding for private schools)

Senate bill as introduced has no portabilityIntroduced as amendment

Brustein & Manasevit, PLLC

10