August 10, 2015
Reauthorization of the Elementary and Secondary Education Act
SUMMARY:
Both the House and Senate are working to finalize a bill to reauthorize the Elementary and
Secondary Education Act. The Every Child Achieves Act (ECAA, S. 1177) was agreed to in the
Senate by a vote of 81-17 on July 16. The Student Success Act (HR 5) was passed in the House
of Representatives on July 8 by a vote of 218-213. The next step is for Members of the House
and Senate to meet in conference to work out the differences between the two bills. The
House and Senate will then have to pass the compromise bill before it is sent to the White
House for the President's signature. We expect the conferees to begin work this Fall.
BACKGROUND:
The House bill represents a dramatic departure from current law. It would eliminate the
current accountability system and despite requiring states to intervene in schools that aren't
performing well, it does not tell states how to intervene or what conditions under which a
school or district would be required to take action. The House bill would also allow states to
set their own academic standards, and would prohibit the U.S. Secretary of Education from
commenting on standards, defining key terms of the law, or approving state plans related to
ESEA.
In the Senate, Chairman Alexander (R-TN) and Ranking Member Murray (D-WA) began working
to craft a bi-partisan reauthorization of ESEA. The resulting Senate bill (S. 1177) contains
significant improvements for students with disabilities from a partisan draft released by Sen.
Alexander in January. These improvements include maintaining the 1% cap on the use of
alternate assessments for students with the most significant cognitive disabilities, annual
assessments in reading and math for all students in grades 3-8 and once in high school,
prohibition on states developing additional alternate or modified standards for students with
disabilities, and requiring that students with disabilities are involved in and make progress in
the general education curriculum so that they have a better chance to graduate with a regular
diploma.
While we appreciate these improvements, the bill still does not go far enough to assure
accountability for student achievement in reading and math, or for graduation outcomes. CCD
is urging the conferees to make four major fixes needed to the Senate bill:
1. Strengthen accountability for student achievement, especially subgroups of students.
Ensure that states:
 Identify and require district-led intervention in schools where any student subgroup
is not meeting state-determined goals so those schools receive locally-designed
interventions and supports.
 Set a reasonable timeline of 3 years to take steps to help districts if interventions
are not effective.
 Ensure the participation of 95% of all enrolled students in the state accountability
system.
2. Provide additional data disaggregation (both cross-tab by race, gender and disability and
Asian Pacific Islander American student data disaggregated).
3. Include provisions that ensure resource equity for all schools in a district, preserving
Title I funds to go to schools and students most in need.
4. Restore oversight of state plans to the Department of Education and permit limited
authority to the Secretary.
TAKE ACTION:
Call or Email your Senators and Representatives:
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It is especially important for you to take action if you Member is on the target list below.
Call the Capitol Switchboard at 202-224-3121 and ask for the office of your Senators and
Representatives.
Identify yourself as a constituent and the organization that you represent (if any).
Find your Members’ email address: https://www.congress.gov/members.
Message: “I am calling/writing to ask Senator/Representative _________ to support a final
ESEA bill that ensures schools and school districts would be required to implement state-led
and district-designed interventions if any subgroup of students was not meeting achievement
goals. Such district and state-directed intervention, is critical to assuring students, in any
school, make important progress toward state reading and math standards and are able to
graduate. Such accountability increases the appropriate use of limited Title I dollars to meet
the needs of struggling students. Students with disabilities deserve this important
accountability so that they become career-ready or go to college. In their current form,
neither S. 1177 nor HR 5 are good enough for students with disabilities. Please work to
improve ESEA in a way that fully includes children with disabilities so they have the same
opportunity to achieve a regular diploma as all other students.”
Target List:
AZ (Kirkpatrick, Grijalva)
CO (Bennet, Polis)
CT (DeLauro, Murphy)
FL (Curbelo, Graham, Grayson, Murphy)
IN (Rokita)
MA (Warren, Clark)
MN (Kline, Franken)
NC (Foxx)
OH (Fudge)
PA (Thompson, Casey)
RI (Whitehouse)
VT (Sanders)