Senator Lamar Alexander (R-Tenn.) and Senator Patti Murray (D-Wa.) announced agreement on reauthorization of the Elementary and Secondary Education Act (currently called No Child Left Behind).

The new legislation is called “The Every Child Achieves Act of 2015.” This nomenclature continues the custom of naming the federal aid law with its aspirational goal.

The act maintains annual testing but leaves to states the authority to decide how to use the scores. AYP is gone. The act prohibits the federal government from dictating to states and districts how to “reform” or “turnaround” or “fix” low-performing schools. It allows, but does not require, states to create teacher evaluation systems. “The federal government may not mandate or incentivize states to adopt or maintain any particular set of standards, including Common Core. States will be free to decide what academic standards they will maintain in their states.”

Secretary Duncan will not be pleased. The act specifically prohibits him from meddling in the states’ choice of standards and tests. He also can’t rewrite the law with his own waivers, because the states are given wide latitude, not subject to his control. Basically, the bipartisan bill repudiates almost all of his initiatives; notably, it does not authorize Race to the Top.

If states choose to enact punitive accountability programs, they can, but the federal government won’t force them to.

What do I think? I would have been thrilled to see annual testing banished, but President Obama made clear he would veto any bill that did not include annual testing. The cascading sanctions of NCLB and Race to the Top are gone. There is no mention of portability of funds to nonpublic schools.

One may quibble with details, but the bottom line is that this bill defangs the U.S. Department of Education; it no longer will exert control over every school with mandates. This bill strips the status quo of federal power to ruin schools and the lives of children and educators.

Now the battle shifts to state legislatures, where parents can make their voices heard. This is a far better bill than I had hoped or feared.

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Alexander, Murray Announce Bipartisan Agreement on Fixing “No Child Left Behind”

Schedule Committee Action for 10 a.m. Tuesday, April 14

WASHINGTON, D.C., April 7 – Senate education committee Chairman Lamar Alexander (R-Tenn.) and Ranking Member Patty Murray (D-Wash.) today announced a bipartisan agreement on fixing “No Child Left Behind.” They scheduled committee action on their agreement and any amendments to begin at 10 a.m. Tuesday, April 14.

Alexander said: “Senator Murray and I have worked together to produce bipartisan legislation to fix ‘No Child Left Behind.’ Basically, our agreement continues important measurements of the academic progress of students but restores to states, local school districts, teachers, and parents the responsibility for deciding what to do about improving student achievement. This should produce fewer and more appropriate tests. It is the most effective way to advance higher standards and better teaching in our 100,000 public schools. We have found remarkable consensus about the urgent need to fix this broken law, and also on how to fix it. We look forward to a thorough discussion and debate in the Senate education committee next week.”

Murray said:“This bipartisan compromise is an important step toward fixing the broken No Child Left Behind law. While there is still work to be done, this agreement is a strong step in the right direction that helps students, educators, and schools, gives states and districts more flexibility while maintaining strong federal guardrails, and helps make sure all students get the opportunity to learn, no matter where they live, how they learn, or how much money their parents make. I was proud to be a voice for Washington state students and priorities as we negotiated this agreement, and I look forward to continuing to work with my colleagues to build on this bipartisan compromise and move legislation through the Senate, the House, and get it signed into law.”

The senators’ legislative agreement would reauthorize the Elementary and Secondary Education Act (ESEA), the chief law governing the federal role in K-12 education. The most recent reauthorization of ESEA was the “No Child Left Behind Act,” which was enacted in 2001 and expired in 2007. Since then, nearly all states have been forced to ask the U.S. Department of Education for waivers from some of the law’s most unworkable requirements.

The senators’ bill would fix the problems with “No Child Left Behind,” while keeping successful provisions, such as the reporting requirement of disaggregated data on student achievement. The bill would end states’ need for waivers from the law.

What the Every Child Achieves Act does:

· Strengthens state and local control: The bill recognizes that states, working with school districts, teachers, and others, have the responsibility for creating accountability systems to ensure all students are learning and prepared for success. These accountability systems will be state-designed but must meet minimum federal parameters, including ensuring all students and subgroups of students are included in the accountability system, disaggregating student achievement data, and establishing challenging academic standards for all students. The federal government is prohibited from determining or approving state standards.

· Maintains important information for parents, teachers, and communities: The bill maintains the federally required two tests in reading and math per child per year in grades 3 through 8 and once in high school, as well as science tests given three times between grades 3 and 12. These important measures of student achievement ensure that parents know how their children are performing and help teachers support students who are struggling to meet state standards. A pilot program will allow states additional flexibility to experiment with innovative assessment systems within states. The bill also maintains annual reporting of disaggregated data of groups of children, which provides valuable information about whether all students are achieving, including low-income students, students of color, students with disabilities, and English learners.

· Ends federal test-based accountability: The bill ends the federal test-based accountability system of No Child Left Behind, restoring to states the responsibility for determining how to use federally required tests for accountability purposes. States must include these tests in their accountability systems, but will be able to determine the weight of those tests in their systems. States will also be required to include graduation rates, a measure of postsecondary and workforce readiness, English proficiency for English learners. States will also be permitted to include other measures of student and school performance in their accountability systems in order to provide teachers, parents, and other stakeholders with a more accurate determination of school performance.

· Maintains important protections for federal taxpayer dollars: The bill maintains important fiscal protections of federal dollars, including maintenance of effort requirements, which help ensure that federal dollars supplement state and local education dollars, with additional flexibility for school districts in meeting those requirements.

· Helps states fix the lowest-performing schools: The bill includes federal grants to states and school districts to help improve low performing schools that are identified by the state accountability systems. School districts will be responsible for designing evidence-based interventions for low performing schools, with technical assistance from the states, and the federal government is prohibited from mandating, prescribing, or defining the specific steps school districts and states must take to improve those schools.

· Helps states support teachers: The bill provides resources to states and school districts to implement activities to support teachers, principals, and other educators, including allowable uses of funds for high quality induction programs for new teachers, ongoing rigorous professional development opportunities for teachers, and programs to recruit new educators to the profession. The bill allows, but does not require, states to develop and implement teacher evaluation systems.

· Reaffirms the states’ role in determining education standards: The bill affirms that states decide what academic standards they will adopt, without interference from Washington, D.C. The federal government may not mandate or incentivize states to adopt or maintain any particular set of standards, including Common Core. States will be free to decide what academic standards they will maintain in their states.

For more details on the bill:

Click here for the legislation.

Click here for a summary of the bill.