December 07, 2015

S. 1177 – Conference Report on Every Student Succeeds Act of 2015


S. 1177 – Conference Report on

Every Student Succeeds Act of 2015


Background: On July 16, the Senate passed S. 1177, the Every Child Achieves Act of 2015, by a vote of 81-17. The House passed its bill (H.R. 5) on July 8 by a vote of 218-213. On November 19, the conference committee agreed to file the conference report by a vote of 38-1. The House passed the conference agreement on December 2 by a vote of 359-64.   

Floor Situation: Cloture was filed on the conference report to accompany S. 1177 on December 4. Under the rule, the cloture vote will occur one hour after the Senate convenes on Tuesday, December 8, unless agreement is reached to hold it at a different time.

Executive Summary: The bill would reauthorize the Elementary and Secondary Education Act through fiscal year 2021. It would require states to adopt academic standards for math, reading, science, and any other subject determined by the state. The bill includes testing requirements, but leaves it to states to determine the value of these tests to their overall accountability systems, and allows states to include other measures of student achievement, student support, and school quality. States are to design their own systems for evaluating and holding schools accountable and are to identify not less than the lowest performing 5 percent of schools, public high schools not graduating one third or more of their students, schools that are consistently underperforming for subgroups of students, and, at the discretion of the state, additional schools it determines to need intervention and support. It maintains dedicated money to states and local school districts to help improve schools identified by state accountability system. S. 1177 strengthens support for charter schools and maintains reporting of disaggregated data. It also strengthens prohibitions against the federal government controlling the adoption of specific academic standards or assessments, such as the Common Core State Standards. Additionally, it consolidates 49 federal programs. 

The Elementary and Secondary Education Act is the primary source of federal aid to K-12 education, particularly its Title I, Part A program of education for the disadvantaged. The ESEA was initially enacted in 1965, and was most recently amended and reauthorized by the No Child Left Behind Act of 2001, which reauthorized programs through fiscal year 2007.

NCLB initiated an expansion of federal influence upon several aspects of public K-12 education, with the aim of increasing accountability of public schools and improving achievement of all students. States were required to implement in all public schools a variety of standards-based assessments in reading, math, and science; make complex annual adequate yearly progress determinations for each public school and district; and require all public school teachers to meet qualification requirements. State policies were required to incorporate an ultimate goal of all public school students reaching a “proficient” or higher level of achievement by the end of the 2013-14 school year. Participating states were to enforce a series of escalating consequences for schools and school districts that fail to meet adequate yearly progress standards.  

Other major ESEA programs provide grants to support the education of migrant and neglected or delinquent students; recruitment and professional development of teachers; language instruction for limited-English proficient students; after-school instruction and care; expansion of charter schools and other forms of public school choice; education services for Native American, Native Hawaiian, and Alaska Native students; Impact Aid to compensate local educational agencies for taxes foregone due to certain federal activities; and a variety of innovative educational approaches or instruction to meet particular student needs.

While Congress has not acted to reauthorize the ESEA since it expired, the Obama administration has made available an ESEA flexibility package that waives various academic accountability requirements, teacher-qualification related requirements, and funding flexibility requirements that were enacted through NCLB. In exchange for these waivers, states must agree to meet a set of principles established by the Department of Education.

The ESEA flexibility package brought about a fundamental redesign by the administration of many of the requirements included in current law. The Department of Education has approved ESEA flexibility package applications for 43 states, the District of Columbia, and Puerto Rico and is reviewing applications from Wyoming, Nebraska, Iowa, and the Bureau of Indian Education. Oklahoma and Washington state are the only states to have lost their waivers. Oklahoma’s waiver was later reinstated.    

Considerations on the Bill

On April 30, the Senate HELP Committee reported S. 1177, the Every Child Achieves Act of 2015, which provides comprehensive reauthorization of the ESEA. The committee held multiple hearings on ESEA reauthorization, specifically on innovation on February 3, on teachers and school leaders on January 27, and on testing and accountability on January 21. On July 16, after a week on the Senate floor, and consideration of 78 amendments, the Senate voted 81-17 to pass S. 1177.

Notable Bill Provisions

Section 4 – Transition

Multiyear awards in effect on the date of enactment that are not similar to a program authorized under the ESEA will receive no additional funds after September 30, 2016. Those substantively similar will continue to receive funds in accordance to terms of prior award. Waivers granted by the secretary of education shall terminate on August 1, 2016. 

 Title I – Improving Basic Programs Operated by State and Local Educational Agencies

Section 1002 – Authorization of appropriations 

Authorizations are as follows:

  • Part A: $15,012,317,605 for fiscal year 2017; $15,457,459,042 for fiscal year 2018; $15,897,371,442 for fiscal year 2019; and $16,182,344,591 for fiscal year 2020.
  • Part B, state assessments: $378,000,000 for each of fiscal years 2017 through 2020.
  • Part C, education of migratory children: $374,751,000 for each of fiscal years 2017 through 2020.
  • Part C, prevention and intervention programs for children and youth who are neglected, delinquent, or at-risk: $47,614,000 for each of fiscal years 2017 through 2020.
  • Part E, evaluation activities: $710,000 for each of fiscal years 2017 through 2020.

Section 1003 – School improvement

Increases from 4 percent to 7 percent of the share of the state’s fiscal year allocation to carry out the SEA’s statewide system of school improvement, technical assistance and support for LEAs. States will allocate 95 percent of the reserved funds for four-year grants to LEAs (on a competitive or formula basis) to serve schools identified for school improvement activities. 

Section 1004 – Direct student services

Creates a direct student services program to permit states to set aside up to 3 percent of their Title I-A allocation to award grants to geographically diverse LEAs to cover the costs associated with direct student services for students enrolled in schools identified for comprehensive support and improvement, low-achieving students enrolled in schools implementing targeted support and improvement plans, and other low-achieving students.

Section 1005 – State plans

SEAs are required to submit a plan to the secretary for approval that requires consultation with key stakeholders. Requires state plans to be reviewed by geographically diverse and varied peer-review teams of researchers and other people who are representative key stakeholders.

Requires the secretary to approve state plans within 120 days of submission unless he or she determines that the plan fails to meet requirements. In such instances, the secretary must offer the state the opportunity to revise its plan, provide technical assistance, and have a hearing. The secretary may disapprove the plan if the state does not resubmit it, or if the resubmission still does not meet the requirements.

Requires each state to provide an assurance that it has adopted challenging academic content standards and aligned academic achievement standards, and demonstrate that standards are aligned with entrance into credit-bearing coursework at public institutions of higher education and with relevant career and technical education standards. States shall not be required to submit any standards to the secretary for review or approval.

Requires each state to implement statewide academic assessments aligned with the challenging state academic standards in mathematics, reading or language arts, and science to all public school students in the state. Mathematics and reading or language arts assessments shall be administered annually in each of grades 3 through 8, and at least once in grades 9 through 12. Science assessments will be administered at least one time during grades 3 through 5, 6 through 9, and 10 through 12. Results from such assessments shall be disaggregated by each major racial and ethnic group, economically disadvantaged students, children with disabilities, English proficiency status, gender, and migrant status. Allows states to adopt alternate achievement standards for students with the most significant cognitive disabilities.    

Allows states to administer a locally selected assessment in lieu of the statewide academic assessments for high school, if the assessment is a nationally recognized high school academic assessment (e.g., SAT or ACT), meets the state’s technical criteria, is at least as rigorous as the statewide assessment, fulfills all the requirements of federal law, and goes through peer review.   

Clarifies that nothing preempts state or local law regarding parents’ decisions to not have their children participate in assessments.   

Each state is required to develop and implement a single, statewide accountability system. The statewide accountability system must be based on the challenging state academic standards and include ambitious, state-designed, long-term goals, including measurements of interim progress for all students and separately for each subgroup of students for proficiency and high school graduation rates.

Based on its system, each state must establish a methodology for identifying a category of schools for comprehensive support and improvement that includes not less than the lowest-performing 5 percent of all schools receiving Title I funds, all public high schools failing to graduate one third of more of their students, and Title I schools in which any subgroup of students would be identified as the lowest-performing 5 percent of all schools and that have not improved after a state-determined number of years. Identification must begin with school year 2017-2018 and occur at least once every three school years thereafter. Each state must annually measure the achievement of not less than 95 percent of all students, and 95 percent of all students in each subgroup of students.

For each school or subgroup identified, LEAs must develop and implement a comprehensive support and improvement plan that includes evidence-based interventions, is based on a school-level needs assessment, and identifies resource inequities to be addressed. The state must approve the plan and monitor its implementation.

Expressly prohibits the secretary from adding new requirements or criteria that are inconsistent or outside the scope of Title I, Part A when issuing regulations related to accountability. The secretary is also prohibited from prescribing, as a condition of approval of the state plan or of a waiver request, long-term goals or measurements, specific academic assessments, indicators, weight of any measure or indicator, specific methodology for the system of meaningful differentiation, specific support and improvement strategies, exit criteria, the minimum number of students used to disaggregate information on subgroups, the way participation rate is factored into the accountability system, any aspect or parameter of a teacher, principal, or other school leader evaluation system, or indicators of teacher, principal, or other school leader effectiveness.

Each state must prepare and publicly disseminate an annual state report card.

Section 1006 – Local education agency plans

Each LEA is required to submit a Title I plan to the state for review after consultation with various stakeholders. The plan must include similar descriptions to those of the state plan. The LEA must notify parents of state or local policy regarding student participation in statewide assessments and make public information on each assessment required.

Section 1014 – Grants for the outlying areas and the secretary of the interior

Adjusts the reservation of funds to allocate 0.4 percent of Title I-A funds to outlying areas.

Title I, Part B – State Assessment Grants

Section 1201 – Grants for state assessments and related activities

Authorizes the secretary to award formula assessment grants to states for activities that support the development, improvement, and refinement of required academic assessments.

Section 1202 – State option to conduct assessment system audit

Authorizes the secretary to award grants to states to conduct an audit of state and local assessment system, to report the findings of such audits, and to develop a plan for improving and streamlining the assessment system based on such findings

Section 1203 – Allotment of appropriated funds

Describes allotment of funds for the purposes of Title I, Part B, including mandatory reservations of half of one percent for outlying areas and the Bureau of Indian Education. Requires the secretary to reserve 20 percent for audits under section 1202 and to allocate the remainder to each state so each receives at least $3 million.

Title I, Part D – Prevention and Intervention Programs for Children and Youth Who are Neglected, Delinquent, or At-Risk

Section 1401 – Prevention and intervention programs for children and youth who are neglected, delinquent, or at-risk

Requires SEA plans to examine transition for students both to and from correctional facilities and locally operated programs; prioritize neglected and delinquent children and youth’s attainment of a regular high school diploma; and establish procedures to ensure the timely re-enrollment of students returning from juvenile justice systems.

Title I, Part E – Flexibility for Equitable Per-Pupil Funding

Section 1501 – Flexibility for equitable per-pupil funding

Authorizes a flexibility for equitable per-pupil funding pilot to allow a LEA to consolidate eligible federal education funds and state and local education funding to create a weighted per-pupil allocation funding system provided the LEA meets certain requirements. The money will follow the student to the school he or she attends.

Title II – Preparing, Training, and Recruiting High Quality Teachers, Principals, and Other School Leaders

Section 2003 – Authorization of appropriations

Authorizes appropriations in the amount of $2,295,830,000 for each of fiscal years 2017 through 2020. For part B, authorizes to be appropriated: $468,880,575 for each of fiscal years 2017 and 2018; $469,168,000 for fiscal year 2019; and $489,168,000 for fiscal year 2020.

Title II, Part A – Supporting Effective Instruction

Section 2101 – Formula grants to states

Requires the secretary to reserve funds for U.S. territories and Bureau of Indian Education, and then distribute the remaining funds to states through a formula. Adjusts allocation of formula funds so states with higher number of students in poverty receive funding that is reflective of their student populations, and this change is phased in over four years.

Allows states to reserve up to 5 percent of funds before distributing the remaining to LEAs. States may reserve an additional 3 percent for activities related to principals or other school leaders. Requires states to submit a plan to the secretary that includes a description of the uses of funds and an assurance that it will monitor the implementation of activities carried out with Title II funds.

Section 2102 – Subgrants to Local Educational Agencies

LEAs to receive funds from the state allocated by formula.

Title II, Part B – National Activities

Section 2201 – Reservations

From the appropriated funds, the secretary shall reserve a portion to carry out activities authorized under Subparts 1-4: 

Subpart 1 – Teacher and school leader incentive program

Authorizes the secretary to award competitive grants to eligible entities for the purpose of developing, implementing, improving, or expanding performance-based compensation or human capital management systems. 

Subpart 2 – Literacy education for all, results for the nation

Authorizes the secretary to award competitive grants to states to develop, enhance, and implement comprehensive literacy instruction plans to improve literacy instruction for at-risk students.  

Subpart 3 – American history and civics education

Authorizes the secretary to reserve funds for presidential and congressional academies for American history and civics to enable institutions of higher education, and others to provide professional development for teachers and opportunities for students to experience enrichment activities through a seminar or institute.  

Subpart 4 – Programs of national significance

Requires the secretary to reserve funds to award competitive grants for the following programs: Supporting Effective Educator Development (Section 2242); School Leader Recruitment and Support (Section 2243); Technical Assistance and National Evaluation (Section 2244); and STEM Master Teacher Corps (Section 2245). 

Title III – Language Instruction for English Learners and Immigrant Students

Section 3113 – State and specially qualified agency plans

Requires states to describe the standardized statewide entrance and exit procedures for English learners, how the state will assist and monitor the progress of eligible entities in meeting long-term goals and measures of interim progress for English learners on English language proficiency and academic assessments, and the steps the agency will take if strategies are not effective.

Title IV– 21st Century Schools

Section 4001 – Redesignations and transfers

Makes conforming changes to current law by moving or eliminating sections authorizing specific programs.

Section 4002 – General Provisions

Specifies parental consent requirements for mental-health assessments, prohibited uses of funds, and a prohibition on mandatory medication for activities funded under this Title.

Title IV, Part A – Student Support and Academic Enrichment Grants

Subpart 1: Student Support and Academic Enrichment Grants

Section 4103 – Formula grants to states

Requires the secretary to reserve a half-percent for outlying areas and schools operated by the Bureau of Indian Education. Two percent must be reserved for technical assistance and capacity building. States are allotted an amount in relation to the amount they receive under Part A of Title I, with the small state minimum set at one-half of one percent of the total amount.

Section 4104 – State use of funds

Requires states to allocate at least 95 percent of funds to LEAs.

Section 4107 – Activities to support well-rounded educational opportunities

Allowable uses include: college and career guidance and counseling programs; arts and music programs; STEM programming and activities, including computer science; accelerated learning programs; history, civics, economics, geography, foreign language, and environmental education; programs and activities that promote community involvement; and other education programs that support a well-rounded education. 

Section 4108 – Activities to support safe and healthy students

Allowable uses include: drug and violence prevention activities and programs; school-based mental health services; programs or activities that integrate healthy and safety practices into school or an athletic program; programs or activities that support a healthy and active lifestyle, including nutritional education and physical education programs; programs or activities that help prevent bullying and harassment; dropout prevention and re-entry programs and others that provide mentoring and counseling to all students; training for school personnel in various drug, violence, trafficking, and trauma areas; and other programs to support safe and healthy students. 

Section 4109 – Activities to support the effective use of technology

Allowable uses include: providing educators, school leaders, and administrators with the professional learning tools, devices, content, and resources to create adaptive learning programs, discover and share high-quality educational resources, and use technology effectively; building technological capacity; developing strategies for the delivery of specialized academic courses through digital learning technologies; carrying out blended learning projects; providing professional development; and providing students in rural, remote, and underserved areas with remote access resources.

Section 4112 – Authorization of appropriations

Title IV-A is authorized to be appropriated $1.65 billion in fiscal year 2017 and $1.60 billion in fiscal years 2018-2020.

Title IV, Part B – 21st Century Community Learning Centers

Section 4202 – Allotments to states

Allows the secretary to make continuation awards, use not more than 1 percent for national activities, and not more than 1 percent for payments to the outlying areas and the Bureau of Indian Education.. 

Section 4204 – Local competitive subgrant

Requires states to award subgrants to eligible entities for community learning centers for expanded learning program activities that support enriching and engaging academic activities. Awards made to eligible entities must be at least $50,000.

Section 4206 – Authorization of appropriations

Authorizes $1,000,000,000 for fiscal year 2017 and $1,100,000,000 for fiscal years 2018-2020. 

Title IV, Part C—Empowering Parents and Expanding Opportunity through Innovation

Section 4302—Program authorized

Authorizes the charter school program to support a state competition for startup, replication, and expansion of charter schools; assist charter schools in accessing credit to finance acquisition and renovation of facilities; and to carry out national activities.  

Section 4303—Grants to support high quality charter schools

Amends the state competition to award grants to SEAs, a state-charter school board, a governor, or a charter school support organization for the purposes of opening new, or replicating or expanding, high-quality charter schools, and to provide technical assistance to improve the quality of authorized public chartering agencies.  

Allows for the use of a weighted lottery in school admissions to give educationally disadvantaged students a better chance to attend a charter school, if allowable under state law. Allows for more flexible uses of funds.

Section 4304—Facilities financing assistance

Streamlines the Credit Enhancement Initiatives to Assist Charter School Facility Acquisition, Construction and Renovation program, and the Per-Pupil Facilities Aid programs to improve facilities financing grants.

Section 4305—National activities

Authorizes the secretary to reserve not more than 80 percent of funds reserved for national activities to awards grants to charter management organizations, not more than 9 percent of funds directly to eligible applicants that desire to open a charter school in states that did not receive a grant under the state grant competition, and the remainder of funds to provide technical assistance and disseminate best practices regarding charter schools and evaluate the impact of the charter school program on student achievement.

Title IV, Part D – Magnet Schools Assistance

Section 4401 – Magnet school assistance

Requires LEAs as part of their applications to include any available evidence or rationale that their proposed magnet program will promote desegregation, increase interaction among students of different social, economic, ethnic, or racial backgrounds, and how their proposed magnet program will increase student academic achievement. Authorizes $94,000,000 for fiscal year 2017; $96,820,000 for fiscal year 2018; $102,387,150 for fiscal year 2019; and $108,530,379 for fiscal year 2020.

Title IV, Part E – Family Engagement in Educational Programs

Section 4501 – Purposes

Amends purpose to assist SEAs, LEAs, community-based organizations, schools, and educators in strengthening partnerships among school personnel in meeting the educational needs of children and fostering greater parental engagement, and to assist the secretary, SEAs, and LEAs in the coordination and integration of federal, state, and local services and programs to engage families in education.

Section 4502 – Grants authorized

Minimum award amount of $500,000. Allows the secretary to reserve not more than 2 percent of funds to provide technical assistance.

Section 4505 – Family engagement in Indian schools

Authorizes the secretary of the interior, in consultation with the secretary of education, to establish contracts and cooperative agreements with local tribes, tribal organizations, or Indian nonprofit parent organizations to establish and operate family engagement centers.

Section 4506 – Authorization of appropriations

Authorizes $10,000,000 for each of the fiscal years 2017 through 2020.

Title IV, Part F – National Activities

Section 4601 – Authorization of appropriations; reservations

Authorizes $200,741,000 for fiscal years 2017 and 2018, and $220,741,000 for fiscal years 2019 and 2020. Requires the secretary to reserve $5 million for Project SERV; and funds for education innovation and research, for community support for school success, and for academic enrichment.

Section 4611 – Education innovation and research

Authorizes the Education Innovation and Research program to award grants to eligible entities to create, develop, implement, replicate, or scale innovations to improve student achievement and evaluate those innovations.

Title IV, Part F, Subpart 2 – Community Support for School Success

Section 4623 – Program authorized

Authorizes the secretary to award competitive grants to eligible entities for promise neighborhoods and full-service community schools activities. 

Title IV, Part F, Subpart 3 – National Activities for School Safety

Section 4631 – National activities for school safety

Requires the secretary to use a portion of funds to carry out activities for the Project School Emergency Response to Violence Program for eligible entities in which the learning environment has been disrupted due to a violent or traumatic crisis. Authorizes this section at $5,000,000 for fiscal years 2017-2020.

Title IV, Part F, Subpart 4 – Academic Enrichment

Section 4641 – Awards for academic enrichment

Requires the secretary to award annual grants for each of the three following activities: assistance for arts education, Ready to Learn programming, and supporting high-ability learners and learning. 

Title VI – Indian, Native Hawaiian, and Alaska Native Education

Title VI, Part A – Indian Education  

Section 6111 – Purpose

Authorizes formula grants to LEAs, Indian tribes, Indian organizations, and consortia of two or more of these organizations for: native language restoration programs, culturally related activities, early childhood and family programs focused on school readiness, enrichment programs that directly support attaining state standards, educational services that increase parental involvement and student achievement, among other purposes. The authorized amount, from fiscal years 2016-2017, is level to current fiscal year 2015 funding, with sees an increase of two percent per year for fiscal years 2018-2020. 

Section 6122 – Professional development

Allows for grants to be awarded to increase number of qualified Indian and Alaska Native teachers; provide pre- and in-service training to Indian individuals; promote the retention of effective teachers and school leaders; among other purposes. 

Section 6133 – Native American and Alaska Native language immersion schools

Establishes a grant program to support schools that use Native American and Alaska Native languages as the primary language of instruction.

Title VII – Impact Aid

Section 7003 – Payments relating to federal acquisition of real property

Allows LEAs to use copies of original records or, when original records have been unintentionally destroyed, other appropriate records to demonstrate the value of the federal property in the LEA boundaries to determine eligibility for impact aid funds. Codifies an updated property valuation formula for determining the taxable value for eligible federal property shared by two LEAs. Includes new eligibility requirements for LEAs containing forest service land, LEAs that have consolidated boundaries with two or more former LEAs and removes eligibility requirements for LEAs with certain old and combined federal property.

Section 7004 – Payments for eligible federally connected children

Streamlines and simplifies various eligibility requirements, which include requirements for heavily impacted LEAs and LEAs serving on-base children enrolled during renovation, repair, modernization, or demolition projects. Updates the learning opportunity threshold formula to ensure that LEAs are treated equitably within the LOT distribution formula. Includes a new hold harmless provision for any LEA facing a 20 percent reduction in payment due to an unexpected drop in eligible federally connected students.

Section 7013 – Authorization of appropriations

Authorizes the following appropriation levels:

  • Payments relating to federal acquisition of real property: $66,813,000 for fiscal years 2017-2019 and $71,998,917 for fiscal year 2020.
  • Basic support payments: $1,151,233,000 for fiscal years 2017-2019 and $1,240,573,618 for fiscal year 2020.
  • Payments for children with disabilities: $48,316,000 for fiscal years 2017-2019 and $52,065,487 for fiscal year 2020.
  • Construction: $17,406,000 for fiscal years 2017-2019 and $18,757,000 for fiscal year 2020.
  • Facilities maintenance: $4,835,000 for fiscal years 2017-2019 and $5,210,213 for fiscal year 2020.  

Title VIII – General Provisions

Section 8008 – Department staff

Requires the Department of Education to identify full-time equivalent employees who worked on or administered programs or projects that have been eliminated or consolidated by this act, reduce the workforce by that amount, and submit a report to Congress with such, and other, information within one year of enactment of this act.

Section 8013 – Waiver of statutory and regulatory requirements

Modifies the submission and application process for waiver requests. Prohibits the secretary from requiring the SEAs, LEAs, or other entities to add or delete specific elements of standards, assessments, accountability, teacher or leader evaluation systems, or to use specific assessments, as a condition of waiver approval. Prohibits the secretary from adding any requirements that are outside the waiver request.

Section 8023 – Prohibitions

Prohibits the secretary or an officer or employee of the federal government from mandating, directing, or controlling a state, LEA, or school’s specific instructional content, standards, and assessments (including the adoption of Common Core State Standards and aligned assessments), curricula, or program of instruction developed and implemented to meet the requirements of the statute. Prohibits an officer or employee of the federal government from conditioning or incentivizing the receipt of any grant, contract, or cooperative agreement, or waiver, priority or preference, contract, or cooperative agreement, upon adoption or implementation of specific instructional content, standards or assessments (including Common Core State Standards and aligned assessments), curricula, or program of instruction developed and implemented to meet the requirements of the statute.

Section 8026 – Prohibition on federal sponsored testing

Strengthen prohibitions on the development of any federally sponsored national test, including any assessment or materials aligned to the Common Core State Standards.

Section 8038 – Prohibition on aiding and abetting sexual abuse

Adds that recipients of funds under this act shall have laws, regulations, or policies that prohibit any person who is a school employee, contractor, or agent, or any state or local educational agency, from assisting such a person from obtaining a new job if that person has engaged in sexual misconduct regarding a minor or student in violation of the law.

Title IX – Education for the Homeless and Other Laws  

Title IX, Part A – Homeless children and youths

Section 9106 – Authorization of appropriations

McKinney Vento is authorized to be appropriated $85 million for each fiscal year 2017-2020.

Title IX, Part B – Miscellaneous; Other Laws

Section 9207 – Education Flexibility Partnership Act of 1999 reauthorization

Authorizes the secretary to carry out an educational flexibility program under which the secretary approves an SEA that has met certain conditions to waive statutory or regulatory requirements (except those enumerated) services, equitable participation of students and professional staff in private schools, applicable to one or more programs for any LEA, educational service agency, or school within the state.

Section 9211 – Study on the Title I Formula

Requires the director of IES, within 18 months of the enactment, to complete and publicly disseminate a study on the effectiveness of the four Title I formulas in delivering funds to the most economically disadvantaged students.

Section 9212 – Preschool development grants

Authorizes a competitive grant program. States will apply for a one-year grant for planning, coordination, and quality improvement activities. States will be required to designate a lead agency, coordinate with Head Start collaboration offices and the State Advisory Council for Early Learning and Care, and provide recommendations for coordinating and aligning their existing resources for a more efficient state-determined early childhood system. After the initial grant period, states may apply for a three-year renewal grant.

Administration Position

In a press statement Secretary of Education Arne Duncan praised the bill following passage in the House. On December 2, White House press secretary Josh Earnest stated that this bill “is something that the administration strongly supports.” 


According to the Congressional Budget Office: “We have reviewed the language for the Every Student Succeeds Act conference report as published on both the Senate HELP Committee and the House Education and the Workforce Committee websites, and we estimate that enacting the bill would have no impact on direct spending or revenues.”


RPC Staff Contact: Dana Barbieri, 224-2946