Education Industry Association Legislative Update

Waiver Overview, Impact on SES, USDE Engagement and Future

Opportunities

ESEA Reauthorization

• Senate HELP Voted Bi-Partisan Bill-light on Federal Intervention and No SES.

• House Committee ESEA Bill includes SES.• Both Are Important Place-marks For Future.• No Final Action on ESEA Until After Elections,

and Maybe Not Even in 2013• Focus on Jobs and the Economy

ESEA Waiver “101”

• Sec’y Duncan Invited States to Seek Flexibility in Conditional on Accepting Fed’l Ed Reform Priorities Based on Legislative Principles.

• Apply by Nov. 2011, Feb. 2012 and Sept, 2012• External Review Panel With Guidance by USDE

Staff.• “Rolling Admissions” with Great Effort to

Accept Applications.

What Gets Waived ?• Multiple Areas of NCLB May be Waived-State May Select One or More:

1. Change AYP standards for 20142. Relax Mandated Use of SES/Choice3. Rural Programs4. School-wide Title I5. Use SIG for Priority and Focus Schools6. Reward Schools7. Relief from HQT Requirements8. Flexibility to Transfer Funds9. Use 21st CLC During School Day

• States Could Request Freeze to AYP waiver application at 2011-12 levels if they need more time to prepare –”AMO Waiver”

• My “take”: New Federalism—State/Local Autonomy---Blurred Accountability and Muddy Interventions that was NCLB Hallmark

21 States “Most-Likely” With SES in 2012-13:

Full Waiver Approved:CO--- 15% set aside for Focus SchoolsFL--- State Law; 15% set aside for Focus SchoolsAR---No set aside for Focus SchoolsID---20% ; No Mandated Use of External ProvidersSC- 20% mandated set aside{WI and MA ---interesting RFPs for tutoring/SES

AMO- Waivers Approved:AL, AK, ID, IO, KS, ME, WVA

Waiver PendingIL---10% for Priority Schools for 2013 SY SD---For Focus Schools

Unlikely to Apply or be Approved- Status Quo:CA, TX, PA, PR, VT,

Waiver Recap

• Full Waivers Approved as July 15: AR, AZ, CO, CT, DC, DE, FL, GA, ID,IN, KS, KY, LA, MD, MA, MI,MN,MO, MS,NJ, NM, NY, OH, OK,OR, RI, TN, UT, VA, WA, and WI.

• Pending Approval: IL, NV, and VT

Major States Not (Yet) Applying

• Pennsylvania likely to apply by Sept. deadline-impact delayed until SY 2013

• Texas unlikely to apply-status quo

• California Seeks “Special” Waiver, including no mandates--Unlikely to be Granted

Impacts on Tutoring in Waived States

• No Mandated SES but… States and LEAs Could Implement New Tutoring

Interventions that Fix Past Problems:1. Tougher Standards for Provider Approval 2. Closer Alignment of Tutoring to Classroom3. More Control at LEA Level via RFPs for Tutoring in

Focus and/or Priority Schools4. Extended Learning Time will be “new” Student-

centric Intervention5. School Turn-around May Include XLT/Tutoring

EIA Engagement

• Contacted All States on SES Best Practices and Reform Measures to Improve SES in Waiver

• Met with Assistant Secretaries Carmel Martin and Michael Yudin:– Florida’s law/waiver conditions– States with SES in waiver appl– LEA waivers in non-waiver States– EIA Best Practices as Guidance for “waiver conditions”

• Engaged CCSSO and NASBE support for EIA and States’ Rights

New Business Opportunities• Tutoring Funded By Title 1 (non-SES)-$14B • Market Tutoring as Linked to Formative Assessments in Classroom• 21 Century Learning Centers ($1B)-watch waiver states:

– Yes to 21st CCLC waiver: CT, DE, FL, IN, KY, LA, MA, NJ, NM, NY, NC, OH, OK, and TN– No to 21st CCLC: RI, CO, GA, MD, and MN

• English-Language Learners• RTI-Special Ed.• Test Prep for ACT/SAT/AP and State Assessments• Extended Learning Time• Credit Recovery and Support to Promote HS Graduation• Link to SIG/Turn-around Interventions• Professional Development • WIA, Youth Build• Get Accredited • Go on-line

To Learn More….

www.educationindustry.org

www.ed.gov/esea/flexibility/requests