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U.S. Department of Education

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February 10, 2017

Dear Chief State School Officer:

Thank  you for the important work you and stakeholders in your State are engaged in to  develop new State plans and transition to the Every Student Succeeds Act  (ESSA), which reauthorized the Elementary and Secondary Education Act of 1965  (ESEA). I am writing today to assure you that I fully intend to implement and  enforce the statutory requirements of the ESSA. Additionally, I want to provide  you with an update on the timeline, procedures, and criteria under which a  State Educational Agency (SEA) may submit a State plan, including a  consolidated State plan, to the Department. States should continue to follow  the timeline for developing and submitting their State plans to the Department  for review and approval.  

On  November 29, 2016, the Department issued final regulations regarding statewide  accountability systems and data reporting under Title I of the ESEA, as amended  by the ESSA, and the preparation of State plans, including consolidated State  plans. However, in accordance with the memorandum of January 20, 2017, from the  Assistant to the President and Chief of Staff, titled “Regulatory Freeze  Pending Review,” published in the *Federal Register* on January 24, 2017,  the Department has delayed the effective date of regulations concerning  accountability and State plans under the ESSA until March 21, 2017, to permit  further review for questions of law and policy that the regulations might  raise. Additionally, Congress is currently considering a joint resolution of  disapproval under the Congressional Review Act (CRA) (5 U.S.C. §§ 801-808) to  overturn these regulations. If a resolution of disapproval is enacted, these  regulations “shall have no force or effect.” 

In  a Dear Colleague Letter dated November 29, 2016, the Department notified SEAs  that it would accept consolidated State plans on two dates: April 3 or  September 18, 2017. The Department also released a Consolidated State Plan  Template that States were required to use if they submit a consolidated State  plan. Due to the regulatory delay and review, and the potential repeal of  recent regulations by Congress, the Department is currently reviewing the  regulatory requirements of consolidated State plans, as reflected in the  current template, to ensure that they require only descriptions, information,  assurances, and other materials that are “absolutely necessary” for  consideration of a consolidated State plan, consistent with section 8302(b)(3)  of the ESEA. In doing so, the Department, in consultation with SEAs as well as  other State and local stakeholders, will develop a revised template for  consolidated State plans that meets the “absolutely necessary” requirement by  March 13, 2017. The Department may also consider allowing a State or group of  States to work together to develop a consolidated State plan template that  meets the Department’s identified requirements through the Council of Chief  State School Officers.

The  regulatory delay and review, and the potential repeal of recent regulations by  Congress, should not adversely affect or delay the progress that States have  already made in developing their State plans and transitioning to the ESSA. The  Department will be notifying States and the public of the revised template once  it becomes available. In the meantime, States should continue their work in  engaging with stakeholders and developing their plans based on the requirements  under section 8302(b)(3) of the ESEA. In doing so, States may consider using  the existing template as a guide, as any revised template will not result in  descriptions, information, assurances, or other materials that States will be  required to provide other than those already required under the ESEA. **The  Department will still accept consolidated State plans on April 3 or September  18, 2017**.  

For  your reference, the following programs may be included in a consolidated State  plan:
                - Title I, part A:  Improving Basic Programs Operated by Local Educational Agencies; 
                - Title I, part C:  Education of Migratory Children; 
                - Title I, part D:  Prevention and Intervention Programs for Children and Youth Who Are Neglected,  Delinquent, or At-Risk; 
                - Title II, part  A: Supporting Effective Instruction; 
                - Title III, part  A: English Language Acquisition, Language Enhancement, and Academic Achievement  Act; 
                - Title IV, part  A: Student Support and Academic Enrichment Grants; 
                - Title IV, part  B: 21st Century Community Learning Centers; and 
                - Title V, part B,  subpart 2: Rural and Low-Income School Program. 

In  addition, pursuant to ESEA section 8302(a)(1)(B), I am designating the  Education for Homeless Children and Youths program under subtitle B of title  VII of the McKinney-Vento Homeless Assistance Act as a program that may be  included in an SEA’s consolidated State plan.

I  appreciate the hard work and thoughtful attention you are giving to  implementing the ESEA, as amended by the ESSA. I understand that a great deal  of work has already gone into the planning and preparation of your State  plans, whether that is a consolidated State plan or individual program plans.  One of my main priorities as Secretary is to ensure that States and local  school districts have clarity during the early implementation of the law.  Additionally, I want to ensure that regulations comply with the requirements of  the law, provide the State and local flexibility that Congress intended, and do  not impose unnecessary burdens. In the near future, the Department will provide  more information on its review of existing regulations, as well as additional  guidance and technical assistance. 
|  | Sincerely,  |
|--|-------------|
|  | /s/         |
|  | Betsy DeVos |

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