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Every Student Succeeds Act

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2015 United States education reform law

Every Student Succeeds Act
Great Seal of the United States
Long titleAn original bill to reauthorize the Elementary and Secondary Education Act of 1965 to ensure that every child achieves.
Acronyms (colloquial)ESSA
Enacted bythe 114th United States Congress
Citations
Public lawPub. L. 114–95 (text) (PDF)
Statutes at Large129 Stat. 1802
Codification
Acts amendedElementary and Secondary Education Act of 1965
Acts repealedNo Child Left Behind Act
Titles amended20 U.S.C.: Education
U.S.C. sections amended20 U.S.C. ch. 28 § 1001 et seq.
20 U.S.C. ch. 70
Legislative history
  • Introduced in the United States Senate as S. 1177 by Lamar Alexander (R-TN) on April 30, 2015
  • Committee consideration by HELP
  • Passed the United States House of Representatives on December 2, 2015 (359–64)
  • Passed the United States Senate on December 9, 2015 (85–12)
  • Signed into law by President Barack Obama on December 10, 2015
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The Every Student Succeeds Act (ESSA) is a US law passed in December 2015 that governs the United States K–12 public education policy. The law replaced its predecessor, the No Child Left Behind Act (NCLB), and modified but did not eliminate provisions relating to the periodic standardized tests given to students.

Like the No Child Left Behind Act, ESSA is a reauthorization of the 1965 Elementary and Secondary Education Act, which established the federal government's expanded role in public education. The Every Student Succeeds Act passed both chambers of Congress with bipartisan support.

Overview

President Barack Obama signs the Act into law, December 2015

The bill is the first to narrow the United States federal government's role in elementary and secondary education since the 1980s. The ESSA retains the hallmark annual standardized testing requirements of the 2001 No Child Left Behind Act but shifts the law's federal accountability provisions to states. Under the law, students will continue to take annual tests between the third and eighth grades.

ESSA leaves significantly more control to the states and districts in determining the standards students are held to. States are required to submit their goals and standards and how they plan to achieve them to the US Department of Education, which must then submit additional feedback, and eventually approve. In doing so, the DOE still holds states accountable by ensuring they are implementing complete and ambitious, yet feasible goals. Students will then be tested each year from third through eighth grade and then once again their junior year of high school. These standardized tests will determine each student's capabilities in the classroom, and the success of the state in implementing its plans. The states are also left to determine the consequences low-performing schools might face and how they will be supported in the following years. The USDOE defines low-performing schools as those in the bottom ten percent of the state, based on the number of students who successfully graduate or the number of students who test proficient in reading or language arts and mathematics.

All states must have a multiple-measure accountability system, which include the following four indicators: achievement and/or growth on annual reading/language arts and math assessments; English language proficiency, an elementary and middle school academic measure of student growth; and high school graduation rates. All states also had to include at least one additional indicator of school quality or student success, commonly called the fifth indicator. Most states use chronic absenteeism as their fifth indicator.

Another primary goal of the ESSA is preparing all students, regardless of race, income, disability, ethnicity, or proficiency in English, for a successful college experience and fulfilling career. Therefore, ESSA also requires schools to offer college and career counseling and advanced placement courses to all students.

History

ESSA vote
Senate House
Rep. Dem. Rep. Dem.
40–12 45–0 178–64 181–0

The No Child Left Behind Act was due for reauthorization in 2007, but was not pursued for a lack of bipartisan cooperation. Many states failed to meet the NCLB's standards, and the Obama administration granted waivers to many states for schools that showed success but failed under the NCLB standards. However, these waivers usually required schools to adopt academic standards such as the Common Core. The NCLB was generally praised for forcing schools and states to become more accountable for ensuring the education of poor and minority children. However, the increase in standardized testing that occurred during the presidencies of Bush and Obama met with resistance from many parents, and many called for a lessened role for the federal government in education. Similarly, the president of the National Education Association decried the NCLB's "one-size-fits-all model ... of test, blame and punish."

Following his 2014 re-election, Senate HELP Committee Chairman Lamar Alexander (R-TN), who had served as Education Secretary under President George H. W. Bush, decided to pursue a major rewrite of No Child Left Behind. Alexander and Patty Murray (D-WA), the ranking member of the HELP committee, collaborated to write a bipartisan bill that could pass the Republican-controlled Congress and earn the signature of President Barack Obama. At the same time, John Kline (R-MN), chairman of the House Committee on Education and the Workforce, pushed his own bill in the House. In July 2015, each chamber of the United States Congress passed their own renewals of the Elementary and Secondary Education Act. President Obama remained largely outside of the negotiations, though Alexander did win Obama's promise to not threaten to veto the bill during negotiations. As the House and Senate negotiated for the passage of a single bill in both houses, Bobby Scott (D-VA), the ranking member of the House Committee on Education and the Workforce, became a key player in ensuring Democratic votes in the House. By September 2015, the House and Senate had been able to resolve most of the major differences, but continued to differ on how to evaluate schools and how to respond to schools that perform poorly. House and Senate negotiators agreed to a proposal from Scott to allow the federal government to mandate specific circumstances in which states had to intervene in schools, while broadly giving states leeway in how to rate schools and in how to help struggling schools. Other major provisions included a pre-K program (at the urging of Murray), a provision to help ensure that states would not be able to exempt large swaths of students from testing (at the behest of civil rights groups), and restrictions on the power of the Education Secretary (at the urging of Alexander and Kline). The surprise resignation of Speaker John Boehner nearly derailed the bill, but incoming Speaker Paul Ryan's support of the bill helped ensure its passage. In December 2015, the House passed the bill in a 359–64 vote; days later, the Senate passed the bill in an 85–12 vote. President Obama signed the bill into law on December 10, 2015.

Students with disabilities

The Every Student Succeeds Act also sets new mandates on expectations and requirements for students with disabilities. Most students with disabilities will be required to take the same assessments and will be held to the same standards as other students. ESSA allows for only one percent of students, accounting for ten percent of students with disabilities, to be excused from the usual standardized testing. This one percent is reserved for students with severe cognitive disabilities, who will be required to take an alternate assessment instead. This is a smaller percentage of students than under past mandates, mainly because there is not enough staff available to administer the assessments to the students one-on-one. The Department of Education does not define disabled, rather, each state decides its own definition in order to determine which students will be allowed to take the alternate assessment. This could prove to be more challenging, though, when it comes to comparing students to one another because not all states will define disabled the same way. The ESSA has also recognized that bullying and harassment in schools disproportionately affects students with disabilities. Because of this, the ESSA requires states to develop and implement plans on how they will combat and attempt to reduce bullying incidents on their campuses.

Reception and opinion

President Obama explains why he signed the Act

Journalist Libby Nelson wrote that the ESSA was a victory for conservatives who wished to see federal control of school accountability transferred to states, and that states "could scale back their efforts to improve schools for poor and minority children".

Researchers from the Thomas B. Fordham Institute approved of "grant states more authority over their accountability systems." However, they also expressed concern that, in an effort to set proficiency levels that low-performing students could pass, states would neglect the needs of high-performing students, which would disproportionately affect high-performing, low-income students.

Criticism

While the Every Student Succeeds Act (ESSA) has received positive responses, it has also faced major critiques for various reasons. People argue that ESSA's focus on state-level control and accountability has resulted in inconsistencies in the quality of education, which ultimately emphasizes pre existing inequities that existed under the policies that were replaced by ESSA which are the Elementary and Secondary Education Act (ESEA) and No Child Left Behind (NCLB). Other concerns that were raised were a shift in control which can result in further inconsistencies when it comes to enforcement which would possibly worsen current inequalities in regards to resource allocation for students who face various disadvantages. In addition to this the ESSA has also been challenged for calling for an increase of out-of-field teaching, meaning teachers are being asked to instruct subjects outside of their specialization. Research also showed an increase in assignments after ESSA was enforced, impacting low income students, students enrolled in special education, and students attending charter or remote institutions. The major shift from requiring qualified teachers to only guaranteeing equitable distribution of out-of-field teachers has played a role in poor academic performance and an increase in teacher turnover rates. ESSA has also generated concern since it also reduced authority for the U.S. Department of Education (USDE) and cut the budget for the development of educational leadership. These new concerns arose in regards to the USDE's ability to support state initiatives. Reducing the size of state education departments and retirement of highly trained staff have also raised questions on the states' ability to enforce the ESSA programs. Critics call for a more integrated method of approach to leadership and funding to reach the full potential of ESSA to improve educational outcomes.

Praise

The Every Student Succeeds Act (ESSA) has gained recognition for its advancement in educational equity and for promoting new strategies in regards to school improvements based on proven evidence. ESSA has highlighted the importance of inclusive and culturally diverse leadership when it comes to improving the overall student achievement by requiring state funding for the development of leadership in underperforming schools.  States who have demonstrated this, such as New Mexico or Tennessee, have utilized these funds to establish partnerships and leadership paths that achieve national expectations, ultimately improving educational outcomes. ESSA has also led a shift in the direction towards evidence-based intervention in school improvement initiatives. By doing this the ESSA has promoted more thoughtful decision-making and improved evaluation practices to guarantee the execution of proper education methods. By mandating complete needs evaluations and supporting interest groups involvement, ESSA has made sure that improvement plans are constructed to fit the needs of the disadvantaged students and those from minority groups. This method strengthens equity in education and state's flexibility, leaving a national impact on the educational field.  

State testing under ESSA

According to the October 24, 2015 U.S. Department of Education Fact Sheet: Testing Action Plan, state testing programs implemented under No Child Left Behind and Race to the Top were "draining creative approaches from our classrooms", "consuming too much instructional time" and "creating undue stress for educators and students."

Federal mandates and incentives were cited as partly responsible for students spending too much time taking standardized tests. ESSA provided states with flexibility to correct the balance and unwind "practices that have burdened classroom time or not served students or educators well."

The Every Student Succeeds Act statute, regulations and guidance give states broad discretion to design and implement assessment systems. Neither the statute nor the regulations apply any specific limits on test design, however United States Department of Education guidance documents say it is essential to ensure that tests "take up the minimum necessary time."

Section 1111(b)(2)(B)(viii)(1) of ESSA presents states with the opportunity to meet all Federal academic assessment requirements with a single comprehensive test. As of 2018-19 some states like Maryland continue to fulfill ESSA assessment requirements by administering four or more content-specific state standardized tests with testing windows that stretch from December through June.

The Every Student Succeeds Act prohibits any officer or employee of the Federal Government from using grants, contracts or other cooperative agreements to mandate, direct or control a state's academic standards and assessments. It also explicitly prohibited any requirement, direction or mandate to adopt the Common Core State Standards and gave states explicit permission to withdraw from the Common Core State Standards or otherwise revise their standards. On January 31, 2019, Florida's Governor signed an executive order "eliminating Common Core and the vestiges of Common Core" from Florida's public schools.

A possibly out-of-date or incomplete enumeration of state testing initiatives designed to satisfy the requirements of the ESSA can be found at List of state achievement tests in the United States.

Suspension of accountability requirements

An inauguration day directive on January 20, 2017, from President Donald Trump's Assistant to the President and Chief of Staff "Regulatory Freeze Pending Review" delayed implementation of new regulations, including portions of the Every Student Succeeds Act. On February 10, 2017, U.S. Secretary of Education Betsy DeVos wrote to chief state school officers that "states should continue their work" in developing their ESSA plans and noted that a revised template may be issued. In March 2017, Republican lawmakers with the support of the Trump administration used the Congressional Review Act to eliminate the Obama administration's accountability regulations.

References

  1. Hirschfeld Davis, Julie (December 10, 2015). "President Obama Signs Into Law a Rewrite of No Child Left Behind". New York Times. Retrieved December 19, 2015.
  2. Korte, Gregory (December 11, 2015). "The Every Student Succeeds Act vs. No Child Left Behind: What's changed?". USA Today. Retrieved December 18, 2015.
  3. Walker, Tim (December 9, 2015). "With Passage of Every Student Succeeds Act, Life After NCLB Begins". NEA Today. Retrieved December 19, 2015.
  4. "President Obama Signs Education Law, Leaving 'No Child' Behind". National Public Radio. December 10, 2015. Retrieved December 22, 2015.
  5. ^ Nelson, Libby (December 2, 2015). "Congress is getting rid of No Child Left Behind. Here's what will replace it". Vox. Vox Media. Archived from the original on December 4, 2015. Retrieved December 2, 2015.
  6. Green, Erica L (July 7, 2017). "DeVos's Hard Line on New Education Law Surprises States". The New York Times.
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  21. Petrilli, Michael J.; Griffith, David; Wright, Brandon L.; Finn, Chester E. Jr.; Kim, Audrey (August 31, 2016). "High Stakes for High Achievers: State Accountability in the Age of ESSA (Part I)". Thomas B. Fordham Institute.
  22. Petrilli, Michael J.; Griffith, David; Wright, Brandon; Finn, Chester E. Jr. (November 15, 2016). "High Stakes for High Schoolers: State Accountability in the Age of ESSA (Part II)". Thomas B. Fordham Institute.
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  25. ^ Young, Michelle D.; Winn, Kathleen M.; Reedy, Marcy A. (December 2017). "The Every Student Succeeds Act: Strengthening the Focus on Educational Leadership". Educational Administration Quarterly. 53 (5): 705–726. doi:10.1177/0013161X17735871. ISSN 0013-161X.
  26. Rentner, Diane Stark; Ferguson, Maria; Kober, Nancy (December 2019). A Stronger Future for Evidence-Based School Improvement in ESSA (Report). Center on Education Policy.
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  30. page 21. Elementary and Secondary Education Act of 1965 , Title I – Improving the Academic Achievement of the Disadvantaged, Part A – Improving Basic Programs Operated by Local Educational Agencies, Subpart I – Basic Program Requirements, Sec. 1111 State Plans, (b) Challenging Academic Standards and Academic Assessments, (2) Academic Assessments, (B) Requirements, (viii), (I) https://legcounsel.house.gov/Comps/Elementary And Secondary Education Act Of 1965.pdf
  31. MARYLAND STATE DEPARTMENT OF EDUCATION, Student Testing Calendar School Year 2018‐2019, Official as of September 3, 2018, http://marylandpublicschools.org/programs/Documents/Testing/MSDETestingCalendar.pdf Archived January 10, 2019, at the Wayback Machine
  32. p. 424, Every Student Succeeds Act, January 6, 2015, SEC. 8526A. Prohibition Against Federal Mandates, Direction, or Control https://legcounsel.house.gov/Comps/Elementary And Secondary Education Act Of 1965.pdf
  33. p. 431, Every Student Succeeds Act.  January 6, 2015, SEC. 8544. State Control Over Standards https://legcounsel.house.gov/Comps/ElementaryAnd Secondary Education Act Of 1965.pdf
  34. p. 431, Every Student Succeeds Act.  January 6, 2015, SEC. 8544. State Control Over Standards. https://legcounsel.house.gov/Comps/Elementary And Secondary Education Act Of 1965.pdf
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  37. Alyson, Klein (February 10, 2017). "Betsy DeVos to State Chiefs: Full Speed Ahead on the Every Student Succeeds Act". Education Week. Retrieved February 16, 2017.
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  39. Ujifusa, Andrew. "How Have Obama's K-12 Policies Fared Under Trump?". Education Week. Retrieved June 20, 2018.

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