President Obama Signs Every Student Succeeds Act (“ESSA”) – Changes to Public Education Forthcoming

On December 10, 2015, President Obama signed the Every Student Succeeds Act (“ESSA”) into law. This Act will bring significant changes to public education, most notably, giving the states greater control over student achievement measures, particularly with regard to the lowest performing school. Additionally, it will afford school districts greater discretion in evaluating teachers and strategizing for their retention. In effect, ESSA will displace most measures put into place through No Child Left Behind (“NCLB”).

While some are celebrating (President Obama even noting that the bipartisan bill-signing was a “Christmas miracle”), others have expressed doubt that the effects of these reform efforts will be felt at the school-based level. While the effects of this act is yet to be seen, some of the most important changes brought forth by ESSA are outlined below:

  • Changes to testing and accountability requirements – Continues certain annual testing requirements (annual math and reading testing 3rd-8th grade, once at high school level) but encourages assessment using additional, broader measures; allows states to audit time spent on testing and create “targets” using federal funds; removes adequate yearly progress (“AYP”) requirements and replaces with state-created goals with interim reviews
  • Shifts greater authority to the states with regard to school evaluations and reform measures – (i.e. states can create their own accountability systems utilizing a range of statutory factors, considering factors beyond test scores; states can assign weight to factors, with some restrictions)
  • Removes sanctions and interventions prescribed by NCLB ­– States to identify school districts needing “comprehensive support and improvement” and implement a collaborative school improvement plan, engaging both the local educational agency and community stakeholders
  • Addresses early childhood education – Allocation of federal grant money to preschools with low-income populations through a Preschool Development Grant of up to $250 million each year.
  • Teacher Training and Development – Removes “highly qualified teacher” requirement imposed by NCLB and does not provide mandated teacher evaluation requirements; allows states and districts to utilize Title II funds for a range of teacher performance and development-related activities.

Over the course of the next year, we will continue to provide further information pertaining to the transition time table and implications for local school districts.

By: Laura M. Julien

If you have any questions concerning ESSA, or other school law issues, please contact Peter K. Wilson, Bernard K. Weiler, Jessica L. Briney, or Laura M. Julien, of Mickey, Wilson, Weiler, Renzi & Andersson, P.C., 2111 Plum Street, Suite 201, Aurora, Illinois 60506. Telephone Number:630-801-9699, or by E-mail at: pkw@mickeywilson.com; bkw@mickeywilson.com; jlb@mickeywilson.com; and lmj@mickeywilson.com.