THE EVERY STUDENT 

SUCCEEDS ACT (ESSA)

DECEMBER 21 AND 22, 2015
EVERY STUDENT SUCCEEDS ACT (ESSA)

 Signed into law on December 10, 2015

 Reauthorizes the Elementary and Secondary 

Education Act of 1965 (ESEA) and replaces No Child 

Left Behind

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EVERY STUDENT SUCCEEDS ACT

 Holding all students to high academic standards that prepare them for 

success in college and careers; 

 Ensuring accountability and guaranteeing that when students fall behind, 

steps are taken to help them and their schools improve, with a particular 

focus on the very lowest-performing schools, high schools with high dropout 

rates, and schools where subgroups are falling behind; 

 Continuing to ensure that parents and educators have annual assessment 

information about how students are doing, while supporting states and 

districts in reducing unnecessary, onerous and redundant testing;

 Empowering state and local decision-makers to develop their own strong 

systems for school improvement; 

 Protecting students from low-income families and students of color from 

being taught at disproportionate rates by ineffective, inexperienced, and 

out of field teachers. 

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HIGHLIGHTS 
TRANSITIONING TO THE 

EVERY STUDENT SUCCEEDS ACT
TRANSITIONING TO THE ESSA

 ESSA provides time and authority for ED to work with our 

state and local partners to ensure a smooth and orderly 

transition from NCLB and ESEA flexibility to ESSA.

 There are some specific effective dates written into ESSA that 

can guide the transition of specific policies and programs. 

However, not everything is specified. 

 ED is planning for an orderly transition to the ESSA.

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DECEMBER 18, 2015 DEAR COLLEAGUE LETTER

 There are areas of OSS’ work that are impacted by 

ESSA in the short term:

– Title I assessment peer review

– Setting annual measurable objectives (AMOs) and annual 

measurable achievement objectives (AMAO) 1, 2, and 3 

in all States

– General ESEA flexibility update

 Submitting updated lists of priority and focus schools

 Follow-up and amendments under ESEA flexibility

 Amendments to ESEA flexibility requests

 Supporting educator effectiveness

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TITLE I ASSESSMENT PEER REVIEW

Previous schedule Adjusted schedule

January 2016 Cancelled

March 2016 April 2016

May 2016 June 2016

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ED IS CONTINUING WITH ASSESSMENT PEER REVIEW IN 2016

 ESSA maintains the requirement for States to administer highquality annual assessments in at least reading/language arts, 

mathematics, and science. 

 For more information on Assessment Peer Review, please go 

visit http://www2.ed.gov/admins/lead/account/saa.html. 
ANNUAL MEASURABLE OBJECTIVES (AMOS)

 Context: Many States that implemented new assessments in 

the 2014–2015 school year are preparing to submit new 

AMOs for ED’s review and approval in January 2016. 

 ESSA: States will “establish ambitious State-designed longterm goals... for all students and separately for each 

subgroup of students.” There is no AMO requirement as there 

was under NCLB. 

 Going forward for SY15-16: In January 2016, States do not 

need to submit AMOs for the 2014-2015 or 2015-2016 

school years for ED approval. 

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ANNUAL MEASURABLE ACHIEVEMENT 

OBJECTIVES (AMAO) 1,2, 3

 Context: Many States were approved for AMAO3 

accountability waivers under Title III; districts are 

implementing interventions based on performance on AMAO 

1 and AMAO 2. 

 ESSA: States will “establish ambitious State-designed longterm goals... for all students and separately for each 

subgroup of students.” There is no AMAO requirement as 

there was under Title III. Goals for English learner students 

are now embedded in Title I and are different than NCLB. 

 Going forward in SY15-16: ED will not require States to make 

new AMAO accountability determinations based on SY14-15 

and 15-16 assessments. 

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REPORTING REQUIREMENTS

 Context: Reporting requirements exist under NCLB and ESSA. 

 ESSA: Reporting remains a part of Title I, but AMOs and AMAOs 

have a different construction under ESSA. 

 Going forward in SY15-16: States are still required to publish 

annual report cards for the 2014-2015 and 2015-2016 school 

years, and beyond. The components of this reporting include –

– LEA student achievement compared to State performance

– Student subgroup information

– School student achievement compared to all students and subgroups of 

students in the LEA 

– School student achievement compared to all students and subgroups of 

students in the State 

 Going forward, States do not need to include in their reporting a 

comparison to the State’s AMO for each group of students as 

described in section 1111(h)(1)(C)(ii) of NCLB. 

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GENERAL ESEA FLEXIBILITY UPDATE

 Context: Over 40 States are approved under ESEA flexibility.

 ESSA: ESEA flexibility waivers remain in effect until August 1, 

2016. 

 Going forward in SY15-16: (1) all States that are currently 

approved should continue to implement their ESEA flexibility 

plans through August 1, 2016. (2) ED will not seek or review 

requests to extend ESEA flexibility from States (including 

States with approval through 2015–2016 school year). (3) 

ED will no longer review or approve requests for ESEA 

flexibility from States that do not yet have an approved 

flexibility request.

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FOLLOW-UP ACTIONS UNDER ESEA 

FLEXIBILITY

 Context: Some States were granted ESEA flexibility subject to 

follow-up actions or conditions that had to be completed during 

the 2015-2016 school year. 

 ESSA: Some follow-up actions and conditions relate to areas 

that continue under ESSA while others are not under NCLB or 

ESSA (i.e., limited to ESEA flexibility). 

 Going forward in SY15-16: Required follow-up actions and 

conditions include those under Principle 1 (consultation with 

stakeholders, college- and career-ready standards, and highquality assessments) and Principle 2 (reporting requirements). 

 ED action step: Beginning in mid-January, Program Officers will 

contact State Flex contacts to clarify which follow-up actions or 

conditions are required. 

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AMENDMENTS TO ESEA FLEXIBILITY 

PLANS

 Context: Some States are considering submitting amendments 

to their currently approved ESEA flexibility plans. 

 ESSA: Some amendments relate to areas that continue under 

ESSA while others are not under NCLB or ESSA (i.e., are only 

under ESEA flexibility).

 Going forward in SY15-16: Through August 1, 2016, States 

wishing to make changes to Principle 1 (consultation with 

stakeholders, college- and career-ready standards, and highquality assessments) and Principle 2 (reporting requirements) 

must request amendments. ED will continue to provide 

feedback and support on amendments to other areas of 

ESEA flexibility. 

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PRIORITY AND FOCUS SCHOOL LISTS

 Context: Many States with approved ESEA flexibility plans 

committed to submit new lists of priority and focus schools in 

January 2016 based on more recent data. 

 ESSA: The ESSA is clear that during the transition period 

priority and focus schools shall implement the interventions 

described in State flex plans. 

 Going forward: States have two options –

– Option A: Do not exit schools and maintain current identification through the 

2016-2017 school year, or

– Option B: Exit schools based on approved criteria and identify new priority 

and focus schools for the 2016-2017 school year.

 State action step: Please notify your Program Officer of your 

State’s preference by January 29, 2016. If a State selects 

Option B, please submit the lists by March 1, 2016. 

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SUPPORTING EDUCATOR EFFECTIVENESS

 Context: All States with ESEA flexibility are implementing 

teacher and leader evaluation and support systems under 

Principle 3. 

 ESSA: States with approved ESEA flexibility waivers should 

continue to implement their plans, including Principle 3, 

through August 1, 2016. Educator evaluation and support 

systems are permissible, but not required under ESSA. 

 Going forward: ED will continue to provide feedback and 

support to States implementing teacher and leader 

evaluation and support systems. 

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UPDATES AND QUESTIONS

 ED will post key communications to the web at 

www.ed.gov/essa

 Please direct your implementation and transition questions to 

essa.questions@ed.gov

 ED released a Request for Information (RFI) seeking advice 

and recommendations regarding regulations under Title I of 

the ESSA. The PDF is available at 

https://www.federalregister.gov/public-inspection. 

 Please formally submit public comments electronically at 

www.regulations.gov. 

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PUBLIC HEARINGS IN JANUARY

 Washington D.C.

– WHEN: January 11, 2016; 9-5 pm

– WHERE: U.S. Department of Education, 400 Maryland Ave., SW, 

Barnard Auditorium, Washington DC

– To present, please RSVP at ESSA.publichearing@ed.gov by 

January 5, 2016

 Los Angeles, CA

– WHEN: January 19, 2016; 9-5 pm

– WHERE: UCLA, Carnesale Commons, 251 Charles E. Young Drive 

West, Palisades Room, Los Angeles, CA

– To present, please RSVP at ESSA.publichearing@ed.gov by 

January 12, 2016

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