Congressional Update - PowerPoint Presentation

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Congressional Update - PPT Presentation

Looking Towards the Next Administration Julia Martin jmartinbrumancom Brustein amp Manasevit PLLC Spring Forum 2016 ESSA AN AMERICAN MUSICAL Early Life Alexander Hamilton was abandoned by his father ID: 570370

amp brustein pllc manasevit brustein amp manasevit pllc rights 2016 reserved education essa shape committee reauthorization hamilton presidential legislation

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Slide1

Congressional Update

Looking Towards the Next Administration

Julia Martin

jmartin@bruman.com

Brustein & Manasevit, PLLC

Spring Forum 2016Slide2
Slide3

ESSA

AN AMERICAN MUSICALSlide4

Early Life

Alexander Hamilton was abandoned by his father

Hamilton’s mother, Rachel, died when he was 13

No Child Left Behind (NCLB) saw support in Congress, administration disappear soon after implementation

Original authors of NCLB no longer in policymaking

Sen. Judd Gregg, Reps. George Miller and John Boehner retired

Sen. Ted Kennedy passed away

President George W. Bush completed terms

4Slide5

Community Support for Change

Recognizing his intelligence, Hamilton’s community in the British West Indies raised money for him to immigrate to America and attend college in New York

Strong stakeholder and advocate support for reauthorization – pushed for changes to the law

5Slide6

Growing Political Tensions

6Slide7

New Leader Brings to Prominence

General George Washington hires Hamilton as chief aide

With Republican takeover of Senate, Committee Chairman Lamar Alexander (R-TN) makes ESEA reauthorization a top priority

Agreement with Chairman John Kline in House

Good relationship with new Ranking Member, Patty Murray

7Slide8

The Long Winter

First efforts to reauthorize ESEA occurred in 2007

Additional efforts in 2011, 2013

Final passage in 2015 after months of political uncertainty

8Slide9

Controversy

Ongoing feud with Aaron Burr

Conflict over banking system and national debt

Reynolds affair

As a result, Hamilton became a political target

Draft ESSA legislation drew opposition from conservative Republicans over:

Title I portability

Common Core

Level of involvement from federal government generallyAs a result, legislation drew opposition from conservatives who caused leadership to pull House bill from floor in early 2015 and threatened to derail final passage of compromise bill in fall

Succeeds against the odds

After failed reauthorizations in 2007, 2011, and 2013, ESSA nearly derailed by conservative opposition, resignation of John Boehner as speaker

On signing bill in December 2015, President Obama declared it a “Christmas miracle”

Hamilton rose from obscurity to be junior delegate to Constitutional convention and first Secretary of the Treasury

10Slide11

Obama-approved

11Slide12

The Story Continues…

Hamilton significantly engaged in development of finance system, elections well after revolution

The next step for ESSA: regulations

12Slide13

The Story Continues…

Negotiated Rulemaking committee met in March/April

Discussed

upplement-not-supplant, assessments (including 1% cap, English language, 8

grade math, computer adaptive assessments)

Required consensus

ED’s plans:Release full “regulatory package” in draft form by May/June, including:Negotiated rulemaking (assessments, supplement-not-supplant)AccountabilityState plansData reportingInnovative assessment pilotFinal regulations by end of year

“Who lives, who dies, who tells your story…”

Hamilton killed in a duel by a sitting Vice President, Aaron Burr

Fate of ESSA will largely be determined by next administration

14Slide15

The shape of things to come

Issues that could be shaped by next President

ESSA implementation

What will waivers look like?

Will Congress maintain active role in monitoring implementation?

Will the Congressional intent of more State autonomy be carried through to regulation (and guidance)?

Or will ED maintain strong federal role?

Murray’s “strong federal guardrails”

The shape of things to come

Issues that could be shaped by next President

ESSA

Interventions (ED says it will do regulations on accountability systems – interventions may or may not be included here)

Schoolwide/targeted assistance changes

Equitable services

Per-pupil funding pilot

Title IV program consolidation

16Slide17

The shape of things to come

Civil rights issuesESSA as a civil rights law?

LGBTQ issues

Higher Education

Regulation of for-profit colleges

Ongoing issues with student loan administration

Final teacher prep regulations?

Perkins, child nutrition, and data privacy (assuming Congressional action)

The shape of things to come

“What

comes next?

You’ve been freed

Do you know how hard it is to lead?

You’re on your own

Awesome. Wow

Do you have a clue what happens now?

Oceans riseEmpires fallIt’s much harder when it’s all your call”

18Slide19

ESSA Oversight

Rep. John Kline (R-MN) and Sen. Lamar Alexander (R-TN) have made it clear they are watching implementation

Both House and Senate Committees have held hearings on implementation

Alexander: will “

use every power of Congress to make sure the law is implemented the way we wrote it, including our ability to use the appropriations process and to overturn such regulations once they are final”

19Slide20

How would presidential candidates shape education policy?

20Slide21

How would presidential candidates shape education policy?

Donald Trump

Appoint Ben Carson Secretary of Education?

Shrink size of Department of Education (and presumably scope of action?), more authority to States

BUT said in debate that top three functions of government should be healthcare, education, and national security

“End” Common Core

21Slide22

How would presidential candidates shape education policy?

Ted CruzEliminate Department of Education

“Repeal every word” of Common

Core

School choice is “civil rights issue of the 21

century”

Voted against ESSAJohn Kasich

Strong supporter of school choiceCurrent controversy over charters, school ratings in Ohio“For too long now, the rallying cry among public school educators has been that if they just had enough money they could fix the problem. Aw, give me a break! Money is not going to fix the problems endemic to our primary and secondary system.” (2006)

Hillary Clinton

“SWAT Team” for failing schools

Strong support from unions

Bernie Sanders

Supporter of public charters

Need to spend more to increase educational quality

How would presidential candidates shape education policy?

23Slide24

ESSA: Not the only show on Broadway

24Slide25

Appropriations

Budget deal passed in October 2015 would provide funding for FY 2017 at same levels as FY 2017Some push from conservative Republicans to make further cuts?

President’s budget proposal assumes ESSA implementation in FY 2017

Move away from separate SIG funding, consolidated Title IV grants could see less money

Also: focus on civil rights

25Slide26

Appropriations

Timeline

and contents of legislation depend

on election results

If Democrats make gains, current leadership will work to get as much as possible done before

transition

Republicans take White House, will wait until after inaugurationWill pass legislation when conditions are best for them

Either way: continuing resolution (CR) through election day extremely likely

26Slide27

Healthy, Hunger-Free Kids Act

Reauthorization Controversial

Requirements on sodium reduction, whole grains, calorie maximums

Extent of federal involvement generally

Bill passed in 2010, expired on September

th,

2015

Programs temporarily reauthorized in CR, Omnibus billNew deadline is September 30th, 2016

27Slide28

Child Nutrition Reauthorization

Bill passed Senate Committee in January 2016

100% whole grain



80%

Freeze sodium reduction targets

year administrative review cycle

 5 year cycle“hardship exemption” for schools newly implementing FFVPHouse Committee discussion draft shared in April 2016Whole grain, sodium reduction limits

2-cent increase in breakfast reimbursementRaise CEP threshold to 60% Kline “hopes to get legislation passed this year”But may be unrealistic given election and short window for action in SenateBrustein & Manasevit, PLLC © 2016. All rights reserved.

28Slide29

Carl D. Perkins Career and Technical Education Act

Last reauthorized in 2006, reauthorization due 2013

Senate effort being led by Mike Enzi (R-WY) and Bob Casey (D-PA) of HELP Committee

Solicited input via e-mail in October 2015

House Committee held first of an anticipated series of hearings in October 2015, but none after

Leaders in both chambers say due for work, but no timeline

29Slide30

Perkins Reauthorization

Senate Committee “Principles” for reauthorization:

Make

it easier for States and locals to run their CTE programs

Increase

access

to career

counseling for CTE students

Maintain CTE as a formula program (not a block grant)Align with ESEA and WIOA to improve efficiency and effectivenessSupport the expansion of public/private collaborations

Support efforts to integrate into and strengthen career pathways at state and local levelsAddress unfunded programsSupport

Student Data Privacy

Growing concern with rise of online assessments, State longitudinal data systems

House Committee hearing in March

Potential movement on student privacy in next few months

Targeting assessments, data systems and making additional safeguards

Targeting contractors, researchers who breach privacy

Opting out of participation in data systems?

31Slide32

Higher Education Act

Subject of some discussion in House and Senate committees, but no concrete action

Focus on for-profits, student protections, how to measure quality

Unhappiness among conservatives about recent ED regulations

Question of

how

to drive down costs

College costs are big focus of some Presidential candidates and can be politically divisive

Overall

Presidential election will determine timing and direction of legislation from here

New President will have significant ability to drive policy direction in implementation of ESSA

33Slide34

Disclaimer

This presentation is intended solely to provide general information and does not constitute legal advice or a legal service. This presentation does not create a client-lawyer relationship with Brustein & Manasevit, PLLC and, therefore, carries none of the protections under the D.C. Rules of Professional Conduct. Attendance at this presentation, a later review of any printed or electronic materials, or any follow-up questions or communications arising out of this presentation with any attorney at Brustein & Manasevit, PLLC does not create an attorney-client relationship with Brustein & Manasevit, PLLC. You should not take any action based upon any information in this presentation without first consulting legal counsel familiar with your particular circumstances.

Congressional Update - PowerPoint Presentation

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