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Education Policy Briefing National Conference on Student Assessment - 2011

Reg Leichty, Partner, EducationCounsel Adam Ezring, Senior Advocacy Advisor, CCSSO

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What are we discussing today? - ESEA Reauthorization - NCLB Waiver Authority - State Next Gen Accountability - U.S. Ed Action on the Horizon - Federal Budget Outlook

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Education policy remains a priority issue for Republicans and Democrats in Washington and the states.

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NCLB's 2014 deadline, unflattering international comparisons, persistent achievement gaps, and other concerns are driving key federal leaders to seek dramatic policy change, including transforming the ESEA.

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Despite this impetus for reform, major counter-pressures – policy differences, funding shortfalls, and early 2012 politicking – are delaying improvements to federal law and minimizing the impact of state/national reforms.

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This presentation explores these tensions and the status and outlook of major policy activities ongoing at the federal and national (multi-state) level.

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Updating the Elementary and Secondary Education Act

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The House and Senate are using different strategies for updating the ESEA, but core policy themes are present on both sides of the capitol.

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RECURRING THEMES

•Alignment to College and Career Readiness

•Coordinated and Aligned Systems

•Tools for Effective Teachers/Leaders

•Robust Data Systems

•Support to States and Districts

•Greater focus on lowest performing schools

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FREQUENT OBTACLES TO COMPROMISE

•Balancing federal and state roles

•When to use mandates, incentives and/or create allowable uses

•Distinguishing between data feds need to know v. like to know

•Mandating prescriptive turn-around models or promoting greater state/local discretion

•Program consolidation, elimination and/or new initiatives

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Assessment policy is a frequent focus of the committees' ESEA discussions, including development, administration, timing, technology and strategies for promoting innovation.

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The new ESEA will likely maintain a commitment to annual assessments tied to annual accountability determinations and sub-group reporting .

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Despite a broader trend toward consolidation, dedicated funding streams for formula and competitive assessment programs likely to remain intact.

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Congress is unlikely to complete action on the ESEA this year, but stakeholders should expect the House to approve discrete changes to the law and for key Senators to lay markers.

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Should Congress fail to act on the ESEA, Sec. Duncan may use NCLB's waiver provisions to change how the law is implemented contingent on state agreement to implement broader reforms.

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The Secretary's desire to establish a federally defined waiver framework has not been welcomed by all stakeholders on the Hill and others have criticized the timing of the announcement and statutory authority.

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NCLB's waiver authority is expressly granted to states and state leaders are promoting a state defined approach.

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Over 41 states and D.C. have agreed to develop next gen accountability systems consistent with nine principles that provide a pathway for an ESEA compromise or a multi-state waiver strategy (targeted).

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Nine Principles • Align performance goals to CCR standards• Annual determinations for each school and

district• Focus on student outcomes• Continued commitment to disaggregated

outcomes• Reporting of timely, accessible and

actionable data• Deeper diagnostic reviews• Building school and district capacity• Targeting lowest performing schools• Innovation, evaluation and continuous

improvement

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U.S. Ed and the Administration

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Absent congressional action on the ESEA, the locus of activity will shift back to the Department of Education

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• New early learning challenge grants

• RTTT round three• i3 round two • RTTT 2 and 3

implementation

Near Term U.S. EdPolicy Levers

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RTTT Early Learning •$500M available •Changing state systems and services •Support high quality, age-appropriate assessment of children in order to improve quality

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RTTT Phase III•9 finalist states•$10M-$50M depending state size and final number of grants •Every state that meets criteria will receive a proportional share. •Notice late summer..apps fall.

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Fiscal Year 2012 Budget

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Fiscal 2012 budget process as (or more) challenging than FY11, more cuts expected. Negotiations over debt ceiling emerging as key linchpin.

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House Labor H Subcommittee Mark Up July 26. Full committee August 2. Floor action September 19. 5% below FY08??

Senate process remains uncertain, but they will not act on the bill before the House.

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Reg Leichty PartnerEducationCounsel 202.545.2918

Adam Ezring Senior Advocacy AssociateCCSSO 202.336.7010