The Every Student Succeeds Act (ESSA) was enacted on December 10, 2015, and implemented during the 2017-18 academic year. It replaced and updated the No Child Left Behind Act of 2001 (NCLB). This legislation introduced significant changes to educational policy, addressing various issues such as testing, teacher quality, and strategies for improving low-performing schools. Notably, the ESSA shifted much of the decision-making authority from the federal level to states and school districts. As Education Secretary Arne Duncan noted, while NCLB was a top-down approach, the ESSA provides flexibility, allowing local solutions while ensuring student progress.
The ESSA abolished the accountability system that penalized states if sufficient numbers of students did not achieve proficiency in reading and math, a system that contributed to a culture of excessive testing. Under ESSA, states establish their own accountability frameworks, choosing how to rehabilitate underperforming schools and close achievement gaps. States must present their plans to the Education Department, which can require revisions or hold hearings if plans are rejected. States set their own long-term and interim goals, which must examine proficiency in core subjects, English-language proficiency, and graduation rates.
As part of their accountability systems, states must use at least four indicators, including academic achievement, an additional academic indicator, English language proficiency, and a measure of school quality. High schools must include graduation rates as part of these indicators. The first three indicators must be given substantial weight, collectively outweighing the measure of school quality. Furthermore, schools need to address disparities in achievement and graduation rates. States are required to define the consequences for schools if less than 95% of students, or any student subgroup, participate in state assessments.
The ESSA identifies three kinds of schools that need support and intervention: Comprehensive Support and Improvement Schools, Targeted Support and Improvement Schools, and Additional Targeted Support and Improvement Schools. Comprehensive Support and Improvement Schools include the lowest performing 5% of Title I schools and all high schools with graduation rates below 67%. For these schools, districts collaborate with educators to develop an "evidence plan," and the state oversees these efforts, intervening if necessary after four years. Targeted Support and Improvement Schools consist of schools where specific student groups are underperforming, and these schools must devise "comprehensive improvement plans." Additional Targeted Support and Improvement Schools have student groups performing at the lowest 5% level among Title I schools, and they must create improvement plans approved by their district. Schools failing to meet "exit criteria" transition into the Comprehensive Support category.
Regarding assessments, the ESSA mandates testing in reading and math from grades three through eight and once in high school. It requires data be broken out for entire schools and specific student subgroups without combining these into "super subgroups" for accountability. Although maintaining a federal mandate for 95% participation in testing, up to seven states can apply for permission to trial local assessments for a limited period. Districts may opt for local, nationally recognized tests in high schools, such as the SAT or ACT, with state approval. States must adopt challenging academic standards—though they may, but are not required to, choose the Common Core Standards.
For English-language learners (ELLs), the ESSA moves accountability from Title III to Title I, emphasizing their importance. In their first year, ELLs' test scores are excluded from school ratings but are publicly reported. After the first year, states incorporate ELLs' results into overall accountability, using a growth measure for reading and math. By the third year, ELL students' proficiency scores are treated like those of other students.
The ESSA includes a $1.6 billion block grant, combining various programs such as physical education, school counseling, education technology, and Advanced Placement initiatives. Districts receiving over $30,000 must allocate at least 20% of funds to activities fostering a well-rounded education and another 20% to activities ensuring student safety and health. Certain programs remain distinct, like the 21st Century Community Learning Centers initiative.
The ESSA also maintains the Preschool Development Grant program, administered jointly by the Department of Human Services and the Education Department, focusing on program coordination and quality improvement for early-childhood education. It introduces a new evidence-based research and innovation program akin to the Investing in Innovation program and provides reservations for gifted and talented education, Ready to Learn television, and arts education. Furthermore, the Teacher and School Leader Innovation Program grants districts the opportunity to experiment with performance pay and other strategies for enhancing teacher quality.
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If you have any questions regarding the Every Student Succeeds Act, or wish to consult an attorney regarding a legal matter, please contact Joseph C. Maya and the attorneys at Maya Murphy, P.C. at (203) 221-3100 or Jmaya@mayalaw.com to arrange a free initial consultation.
