Reauthorization of the Elementary and Secondary Education Act: Highlights of the Every Student Succeeds Act
Released: 2015-12-04T00:00:00

Introduction

The Elementary and Secondary Education Act (ESEA) was last comprehensively amended by the No Child Left Behind Act of 2001 (NCLB; P.L. 107-110 ). Appropriations for most programs authorized by the ESEA were authorized through FY2007. As Congress has not reauthorized the ESEA, appropriations for ESEA programs are currently not explicitly authorized. However, because the programs continue to receive annual appropriations, appropriations are considered implicitly authorized.

During the 114 th Congress, the House Education and the Workforce Committee reported the Student Success Act ( H.R. 5 ), which would provide for a comprehensive reauthorization of the ESEA. The bill was subsequently passed on the House floor on July 8, 2015, based on a strictly partisan vote of 218-213. The Senate Health, Education, Labor, and Pensions (HELP) Committee reported the Every Child Achieves Act of 2015 (ECAA; S. 1177 ), which would also provide for a comprehensive reauthorization of the ESEA. S. 1177 was subsequently passed on the Senate floor on July 16, 2015, based on a bipartisan vote of 81-17. Both chambers agreed to a conference to resolve their differences. On November 19, 2015, the conference committee agreed to file the conference report of the Every Student Succeeds Act (ESSA) by a vote of 39-1. On December 2, 2015, the House agreed to the conference report based on a bipartisan vote of 359-64.

This report highlights key provisions included in the ESSA and provides some context regarding the treatment of similar provisions in current law, where applicable. Table 1 highlights key provisions in the bill. An emphasis has been placed on issues that have received the most attention during the reauthorization process, including Title I-A accountability and formula issues and Title II-A formula issues. Table 2 depicts the proposed structure of the ESEA under the ESSA and includes all authorizations of appropriations for FY2017 through FY2020. The table also indicates whether a comparable program was included in current law. Table 3 provides examples of programs authorized under current law that would not be retained by the ESSA. The report does not aim to provide a comprehensive summary of ESSA or of technical changes that would be made by the bill.

ESEA Flexibility Provided by the Administration

As Congress had not enacted legislation to reauthorize the ESEA, on September 23, 2011, President Obama and the Secretary of Education (hereinafter referred to as the Secretary) announced the availability of an ESEA flexibility package for states and described the principles that states must meet to obtain the included waivers. The waivers exempt states from various academic accountability requirements, teacher qualification-related requirements, and funding flexibility requirements that were enacted through NCLB. State educational agencies (SEAs) may also apply for optional waivers related to the 21 st Century Community Learning Centers program and the use of funds, determinations of adequate yearly progress (AYP), and the allocation of Title I-A funds to schools. However, in order to receive the waivers SEAs must agree to meet four principles established by the U.S. Department of Education (ED) for "improving student academic achievement and increasing the quality of instruction." The four principles, as stated by ED, are (1) college- and career-ready expectations for all students; (2) state-developed differentiated recognition, accountability, and support; (3) supporting effective instruction and leadership; and (4) reducing duplication and unnecessary burden.

Taken collectively, the waivers and principles included in the ESEA flexibility package amount to a fundamental redesign by the Administration of many of the accountability and teacher-related requirements included in current law. As of December 2015, 42 states, the District of Columbia, and Puerto Rico had approved ESEA flexibility applications, and ED was reviewing applications from other states.

The ESSA would terminate all waivers associated with the ESEA flexibility package on August 1, 2016.

The remainder of this report focuses only on current law and does not compare the provisions in the ESSA with the provisions included in the ESEA flexibility package.

Highlights of the ESSA

Table 1 highlights similarities and differences between the ESSA and current law. As previously discussed, areas of the ESSA that have received the most congressional interest are given a more in-depth review in the table. The major areas considered include the following:

overall structural and funding issues; Title I-A accountability; Title I-A formulas; teachers, principals, and school leaders; flexibility and choice; and general provisions.

No attempts, however, were made to provide a comprehensive analysis of the ESSA.

Structure of the ESSA

Table 2 depicts the structure of the ESSA by title. For each program with an authorization of appropriations, the amount authorized is provided for FY2017 through FY2020. The table also indicates whether the program is a new program or one that is similar to a program included in current law. An indication that a program is also included in current law does not mean that the program is being retained without changes. For example, while the ESSA would retain Title II-A, a state grant program focused on teachers, it would modify the formula used to award grants and the uses of funds.

ESEA Programs That Would No Longer Be Authorized Under ESSA

Table 3 provides examples of programs authorized under current law that would not be authorized under the ESSA. Activities supported by some of the programs that would no longer be authorized, however, may be required or allowable uses of funds under programs that would be authorized under the ESSA. For example, under the Student Support and Academic Enrichment Grants program (block grant program), LEAs could use funds to support counseling programs, create safe school environments, provide physical education, and support the use of technology; and states and LEAs could use funds to reimburse low-income students for the costs of accelerated learning examination fees, such as Advanced Placement (AP) exams.

This is not intended to be a comprehensive list of all programs authorized under current law that would no longer be authorized. Rather, this list is based primarily on programs that have been included as line-items on appropriations tables in recent years and would not continue to be authorized by the ESSA.