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The Intersection of the
Every Student Succeed Act
(ESSA)
and
The Individuals with Disabilities
Education Act
(IDEA)
1
ESSA Timelines 2
December 10, 2015 ESSA Signed by President Obama
May 31, 2016 Draft ESSA Regulations Published
July 1, 2016 Changes to Formula Programs
August 1, 2016 Utah Waiver ends
October 2016 Final ESSA Regulations Published
March 6, 2017 or July 5, 2017 State Plan Submission
2017-2018 Full Compliance with ESSA Regulations
ESSA Requires State Plan Coordination
with Other Federal Programs
Individuals with Disabilities Education Act Rehabilitation Act of 1973 Workforce Innovation and Opportunity Act (WIOA) Carl D. Perkins Career and Technical Education Act of 2006 Head Start Child Care and Development Block Grant Act of 1990 Education Sciences Reform Act of 2002 Education Technical Assistance Act of 2002 National Assessment of Educational Progress Authorization Act McKinney-Vento Homeless Assistance Act Adult Education and Family Literacy Act
Intersecting and Supportive Purposes
IDEA
ESSA
To provide all children significant opportunity to receive a fair, equitable, and high quality education, and to close educational achievement gaps.
IDEATo ensure that all children with disabilities have available to them a free appropriate public education… designed to meet their unique needs and prepare them for further education, employment, and independent living.
ESSA
3
Building an Interconnected System that Benefits Each Student in Utah
4
Utah State-level IDEA Plan
LEA Plans
(ESSA and IDEA)
Utah State-level ESSA Plan
Equality Lens
Discussion Questions (PREVIEW)
In the process of considering the need for an interconnected system and equity:
Identify strengths in supports and services currently provided to students with disabilities.
Identify challenges or gaps in supports and services provided to students with disabilities.
What is your vision for supporting students with disabilities? What would success look like?
Utah (State) Plan
Coordinated with other Federal programs under ESSA and IDEA
Developed with meaningful consultation with Governor,
legislature, USBE, LEAs, school leaders, specialized
instructional support personnel, paraprofessionals, administrators, and parents
Process of Developing State ESSA Plan 5
Stakeholder Engagement
“Throughout all stages of policy development and implementation, continuous feedback is essential to creating buy-in from stakeholders.”
John B. King, Jr., Secretary of Education
Letter on Every Student Succeeds Act Implementation to Colleagues on June 23, 2016
Never Waste a Good Opportunity to Innovate!
Solicit input from non-traditional stakeholders
Consider TA supports for standards-based IEPs, to assist IEP teams in the connection between specialized instruction needs and grade-level core standards and post-secondary outcomes
Examine CTE participation by students with disabilities and identify any needed supports that could lead to improved postsecondary outcomes
Model coordination between administrators, Title programs, school counselors, and special education staff
Discuss need for equity and access to grade-level standards with school staff and families
Utah ESSA Plan Contents
State Standards
Statewide Assessments
Accountability
Connection and Support of Educational Programs
Federal Programs
Early Childhood
15
Equity of Educator Assignments
Improvement of School Conditions for Student Learning
Reduction of bullying and harassment
Reduction of disciplinary practices that remove students from the classroom
Reduction of aversive behavioral interventions that compromise student health and safety
Discussion Questions (PREVIEW)
How does the new vision for engagement outlined in ESSA differ from what we are used to doing as educators and leaders?
What new skills will staff need to lead and participate in stakeholder engagement?
With greater decision-making vested at the state and local levels, what practice changes must we embrace as we plan and implement ESSA?
State Standards
Challenging Academic Standards
Apply to all public schools and public school students
(including those with disabilities)
Aligned with coursework of public higher education and
relevant State CTE
Include alternate academic achievement standards for only
students with the most significant cognitive disabilities
Mathematics, reading or language arts, and science,
and other areas of State choice
Prohibit the development of other alternate or modified
academic achievement standards
Student Achievement Assessments
Alternate Achievement Standards for Students with the Most Significant Cognitive Disabilities 22
Promote access to the general
education grade-level curriculum
Ensure the student meeting the
alternate standards is on track to
pursue postsecondary education or employment
Aligned with State grade-level standards
Reflect professional judgement as to
highest possible standards
achievableby such students
Are designated in the IEP and parents are
informed of potential impact
Statewide Assessments
Student Achievement Assessments
For all public elementary and secondary school students
Aligned with State standards and provide coherent and timely information about
student attainment of such standard and whether the student is performing at the
student’s grade level
Be valid and reliable and do not assess
personal or family beliefs or disclose
personally identifiable information and
involve multiple up-to-date measures
including assessing higher-order thinking
skills and understanding
Mathematics, reading or language
arts, and science
Be developed, to the extent practicable, with principles of Universal Design for
Learning (UDL)
Provide for participation of all students in assessments with
appropriate accommodations, such as interoperability with, and ability to use, assistive
technology
Provide coherent and timely information about student
attainment of standard and performance at the student’s
grade level
Be administered in
mathematics and reading or
language arts in grades 3-8
and at least once each in
grades 9-12 and in science in
grades 3-5, 6-9, and grades 10-
12
Participate biennially in the NAEP in reading and
mathematics for grades 4 and 8
95% Participation
Assessing Students with Disabilities in Statewide Assessments
Statewide Assessment
All students with disabilities (except for small portion who
take the alternate)
Also includes NAEP, when LEA and students with disabilities are
selected
Both
Same subjects and grades
Professional development to general and special educators
IEP teams decide how to participate (within requirements
and criteria)
Results reported for students with disabilities and compared to non-
disabled peers
Alternate Achievement Assessment
Limit of 1% of students assessed in Utah in each subject or grade
level for Utah and LEA*
Meet Eligibility Criteria
Requires new parental notification on potential delay or otherwise affect
students from completing requirements for high school diploma
Alternate Achievement Assessmentsunder ESSA
Utah State Board of Education and LEAs:
Develop, disseminate information on, and promote the use of appropriate accommodations to increase the numbers of students with significant cognitive disabilities participating in grade-level academic instruction and assessments
Do not “preclude a student with the most significant cognitive disabilities who takes an alternate assessment from attempting to complete the requirements for a regular high school diploma”
What About IEP Team Decisions?IEP Team Decision
IEP team membership includes required team members
IEP goals, placement, and services that allow the student with disabilities to progress in the grade-level core standards (including assistive technology and accommodations)
How the student with disabilities will participate in state and LEA-level assessments
Not Allowable under ESSA or IDEA
Holding IEPs without all required team members, unless parent signed written excusal prior to meeting
Selection of standards other than grade-level state standards or grade-level alternate achievement standards
Determining if students with disabilities will participate in a statewide or LEA assessment (although 53A-15-1403 permits parents to excuse a student from statewide assessments)
What About IEP Team Decisions (cont.)?
IEP Team Decision
Alternative Achievement standards and assessments are designated in the IEP, if student meets criteria and team determines (and IEP then includes benchmarks or short-term objectives)
Parents “are clearly informed, as part of the IEP, “that their child’s academic achievement will be measured based on the alternative achievement standards and how participation in such [alternate achievement] assessments may delay or otherwise affect the student from completing the requirements for a regular high school diploma”
Decision for student with disabilities not meeting eligibility criteria to participate in the Alternate Achievement Standards and Assessment
Not Allowable under ESSA or IDEA
Discussion Questions (PREVIEW)
IEPs must be aligned to state academic content standards for the grade-level in which the student is enrolled.
How will you communicate with school staff and families the importance of students with disabilities being held to the same challenging state academic standards as their nondisabled peers?
How will you model a shared commitment to high expectations for all students, including students with disabilities?
https://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/guidance-on-fape-11-17-2015.pdf
Accountability
ESSA Accountability
States set accountability levels in three areas:
Reading, math, and science
High school graduation rates
At least one nonacademic indicator of school quality or child success
Utah Reporting of Assessment Results Produce individual, school, and LEA assessment reports which “allow parents,
teachers, principals, and other school leaders to understand and address the specific academic needs of students
Provide a report, as soon as practical, in an “understandable and uniform format” in a language “parents can understand” by:
Comparison of children with disabilities to
children without
disabilities
Migrant status
Comparison of children who
are economically
disadvantaged children to
children who are not
English proficiency
statusGender
Each major racial/ethnic
group
Accountability System Must Address Subgroup Performance
The Utah accountability system will include specific information for all students and each subgroup, including students with disabilities, containing:
Long-term goals, with the same multi-year length of time
Academic achievement, as measured by proficiency on annual State assessments
Student growth may be measured, at the State’s discretion
Four-year adjusted cohort graduation rate (for high schools)
At the State’s discretion, the extended-year adjusted cohort graduation rate (which must have a more rigorous long-term goal than that set for the four-year adjusted cohort)
Not less than one indicator of school quality or student success (e.g., engagement, access and completion of advanced coursework, postsecondary readiness, school climate and safety, other State selected)
Additional Plans for Students in Lagging Subgroups
For subgroups behind on academic achievement and graduation measures, must take into account the improvement necessary on such measures to make significant progress in closing statewide proficiency and graduation rate gaps
Discussion Questions (PREVIEW)
There continue to be individuals who believe that students with disabilities cannot achieve rigorous standards or demonstrate mastery of such. As a result, there can be pressure not to include some SWD in general assessments and to push them towards an alternate assessment.
How might you leverage stakeholder relationships to identify and point to examples of success, as a strategy for helping change beliefs about student capacity and performance in assessments?
Connection and Support of Educational Programs
Family Engagement
The USBE will support the collection and dissemination of family and parent engagement strategies
How will families be included in planning?
Supporting Early Childhood Education
ESSA
Describe how the State provides assistance to LEAs choosing to use ESSA funds to support Early Childhood Education programs
Opportunity to apply for competitive ESSA Preschool Grant
IDEA
Preschool (ages 3-5) special education services, under an IEP, must be provided in the Least Restrictive Environment (LRE) and along the continuum of alternative placements, as determined by the IEP team and based on the student’s individual needs
Ensure preschool aged students with
disabilities can access services with
nondisabled peers
Braiding of Funds
State must illuminate or modify barriers so that schools can “easily consolidate funds from other Federal, State, and local sources to improve educational opportunities.”
Opportunity to Expand
As Utah considers potential changes to the current accountability system, there is an opportunity to consider areas such as measures related to:
Early Childhood (ages 3-5)
Linkage of preK and k-12 data, interventions, and outcomes
Equity of Educator Assignments
Back to the Equity Lens, Again
Consider the educational equity of educators assigned to work with “low income and minority children”
State will ensure that all teachers and paraeducators working in a program supported by ESSA funds, meet applicable State certification and licensure requirements, including any through alternative routes to certification
The USBE has professional standards for paraprofessionals working in a program supported by ESSA funds, including qualifications that were in place “on the day before the enactment of the” ESSA
http://schools.utah.gov/sars/Programs-Areas/Paraeducators.aspx
Improvement of School Conditions for Student Learning
State Support to LEAs to Improve School Conditions for Student Learning
Bullying and harassment
The overuse of discipline practices that remove
students from the classroom
The use of aversive behavioral interventions
that compromise student health and safety
Reducing (for PreK and K-12):
USBE R277-609. Standards for LEA Discipline Plans and Emergency Safety Interventions
MTSS
State ESSA Report
Annual State ESSA Report
Information on the achievement of students on the academic assessments including the disaggregated results for the subgroups of students
Information on the acquisition of English proficiency by English learners
The number and names of each public school in the State
(i) identified for comprehensive support and improvement and implementing targeted support and improvement
Information on the professional qualifications of teachers in the State, including information on the number and the percentage of the following teachers:
(i) Inexperienced teachers
(ii) Teachers teaching with emergency or provisional credentials
(iii) Teachers who are not teaching in the subject or field for which the teacher is certified or licensed
LEA Improvement Plan
Coordinated with other Federal programs under ESSA and IDEA Developed with meaningful
consultation with teachers, principals, other school leaders,
specialized instructional support personnel, paraprofessionals,
administrators (including those of other Federal programs,
other appropriate school personnel, parents, and if the
LEA has charters (charter school leaders)
Process of Developing LEA ESSA Plan 5
LEA-Level Improvement Plans
“align other Federal, State,
and local resources to carry
out activities…”
ESSA
Align improvement plans
Braid funds to impact student outcomes across
subgroups
Collaborate with other state agencies
Align monitoring of programs and results
Idea
s
LEA Flexibility with ESSA Funds for Early Childhood
The language in ESSA encourages support for transitions between community-based providers and schools
Title I and Tile II include language encouraging LEAs to expand professional development opportunities to:
Include early childhood providers
Expand the knowledge of principals and other school leaders
Focus on transition, issues related to school readiness, and content designed to meet the needs of students through age 8
Assessments: Statewide and LEA-Selected
LEA Assessments (i.e., locally –selected assessments) shall be aligned to State academic standards, provide comparable, valid, and reliable data on student achievement for all students and for each subgroup, and provide unbiased, rational, and consistent differentiation between schools
LEAs must explain to the State if they exceed the 1% cap on the alternate assessment for students with significant cognitive disabilities
LEA staff should be provided with professional development on administering assessments to students with disabilities, providing accommodations during instruction and assessment, and the principles of UDL
Discussion Questions (PREVIEW)
What is the degree of alignment in your classroom, school or LEA between accommodations used in instruction and assessment settings?
What professional learning is needed to ensure that appropriate accommodations are provided in both instruction and assessment?
Definition of Supplement, Not Supplant
ESSA
An LEA shall demonstrate that the methodology used to allocate State and local funds to each school receiving assistance under this part ensures that such school receives all of the State and local funds it would otherwise receive if it were not receiving assistance under this part.
IDEA
Funds paid to a state under Part B of the IDEA must be used to supplement the level of Federal, state, and local funds (including funds that are not under the direct control of the USBE or LEAs) expended for special education and related services provided to students with disabilities under Part B of the IDEA, and in no case to supplant those Federal, state, and local funds.
THANK YOURich K. Nye, PhD