ESEA Reauthorization Update 113 th Congress

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1 ESEA Reauthorization Update 113 th Congress Status H.R.5 Latest Title: Student Success Act Sponsor: Rep Kline, John [MN-2] (introduced 6/6/2013) Cosponsors (12) Latest Major Action: 6/19/2013. Ordered to be reported (Amended by Rokita ANS) by the Yeas and Nays: Awaiting floor action. S.1094 Latest Title: Strengthening America's Schools Act of 2013 Sponsor: Sen Harkin, Tom [IA] (introduced 6/4/2013) Cosponsors (11) Latest Major Action: 6/12/2013. Ordered to be reported with amendments favorably by the Yeas and Nays: Awaiting floor action. Bill Summaries H.R. 5, The Student Success Act (Kline) The bill reauthorizes and provides funding for the Elementary and Secondary Education Act for FY2014-FY2019 at FY2013 spending levels. The goal of this legislation is to limit the federal footprint in our nation s education policy and return more authority to the states. While the sponsor and committee chairman praised the No Child Left Behind Act for its focus on expanded use of data for identification of student performance, he favors more sunshine and transparency in school and student performance (for all groups) through annual report cards to empower parents to make changes by choice rather than change through mandated federal interventions and offer more choice by expanding charter school caps. The bill impacts major education policy areas in the following ways: Accountability The bill would eliminate federal accountability known as adequate yearly progress (AYP) and replace it with a state-determined accountability system that requires states to measure achievement against their academic standards annually for all schools using its state assessments and other academic indicators and provide their own interventions for poor performing Title I schools, not the current federally mandated actions, interventions and restructuring models. Standards & Assessment The bill would require states to establish standards that apply to all students in reading, math and science and implement assessments for all students in reading and math every year in grades 3-8 and once in high school, and in science once in the spans of grades 3-5, 6-9, and The bill expressly

2 prohibits the Secretary s authority to influence state decisions to adopt common standards and common assessments. Educators The bill would repeal the highly qualified teacher language in the previous Act and replaces it by directing local districts to develop evaluation systems that measure an educator s influence on student learning; among them based on student test scores, multiple measures and stakeholder feedback. It consolidates most of the teacher quality programs in current law into a new Teacher and School Leader Flexible Grant that is designed in part to provide alternative certificate or licensure; recruit, hire and retain an effective teacher; performance-based pay or differential pay; create teacher advancement and multiple career paths; provide for school leader induction and teacher residency programs; and offer professional development opportunities to increase teacher effectiveness. The bill affects P21 and its federal policy objectives in the following ways: Assessment The bill would permit states to use multiple measures of student achievement in their assessments. Assessments would include measures that assess higher-order thinking skills and understanding. 1 Professional Development Rep. Petri (R-WI) was instrumental in adding language to the bill that allows local education agencies to use funds to provide for educator professional development on project-based teaching strategies st Century Readiness Initiatives The bill consolidates the vast majority of the more than 80 existing programs under current law into one $2B annual block grant funding stream called the Local Academic Flexible Grant 3 to support local priorities and local unique needs that link to student achievement. During the committee markup, comments from committee members made into the official record stated this funding could in effect allow funding to go to districts that have or are developing new 21 st century readiness initiatives including those that involve the 4Cs. 4 1 p.26 Sec STATE PLANS. (b)(2)(b) 2 p. 266 Sec LOCAL USE OF FUNDS. (2)(D) professional development for teachers and school leaders that is evidence-based, job embedded, and continuous, such as (vi) professional development on integrated, interdisciplinary, and project-based teaching strategies, including for career and technical education teachers; 3 p. 355 TITLE III, PART B LOCAL ACADEMIC FLEXIBLE GRANT 4 Transcript of proceedings. U.S. House Education & The Workforce Committee. Markup of H.R. 5, the Student Success Act. June 19, See Attachment #2.

3 P21 is continuing to engage with policymakers on changes to the bill through amendments prior to the bill reaching floor action that align in several ways with the 21 st Century Readiness Act, H.R See Attachment #1 S. 1094, Strengthening America s Schools Act of 2013 (Harkin): The goal of this legislation is to further clarify the limited role of the federal government in our nation s education policy and to authorize authority and actions that further the Secretary s waivers. The bill doesn t specify a specific authorization level, rather it specifies a such sums authority. The bill impacts the major provisions of the law in the following ways: Accountability The bill would eliminate adequate yearly progress (AYP) but maintains existing federal authority over accountability by requiring that states present accountability plans to the Secretary for approval or consistent with the Department s current waiver guidelines. States are required to issue a report card on all schools that include in part student achievement rates. The bill would keep in place existing models under the School Improvement Grant program and adds another option called whole school reform. 5 In addition, there is a new 3 year competency-based assessment pilot program being established that allows the Secretary to provide authority for competencybased accountability into the state s accountability system. Standards & Assessment The bill provides a statement of purpose toward setting high expectations to ensure every child obtains a high-quality education and graduate from high school ready for college, career, and citizenship. States would have to adopt standards that allows students to be College and Career Ready (not explicitly mentioning the Common Core). Schools would have to test students in English and math in grades 3-8 every year, and at least once in grades Educators The bill keeps in place the highly qualified teacher language found in existing law. Under the bill, districts and states would have to conduct teacher evaluations based in part on student outcomes, including achievement and growth. Districts and states would have to use this information to improve professional development and best practices and to 5 The Whole School Reform model could possibly include a 21 st Century Skills approach if it is evidence-based and conducted with an external provider offering a program that is based on at least a moderate level of evidence that the program will be statistically significant on student outcomes that has a well-designed or well-implemented study. This would align with Sec. 5 of 21CRA

4 distribute quality teachers throughout the district/state not for the use of personnel decisions, such as salaries and firings. The bill affects P21 and its federal policy objectives in the following ways: Purpose The purpose statement reflects in part that students will be ready for college, career, and citizenship through high expectations and developing deep content knowledge and the ability to think critically, solve problems, communicate effectively, and collaborate with others. 6 Standards The requirements for state standards submitted to the Secretary must be evidence-based and include rigorous content and skills, such as critical thinking, problem solving, and communication skills. 7 Assessments Requires that state assessments include the use of multiple measures of student achievement that assess the full range of academic content knowledge and skills. Allows assessments to be in the form of portfolios, projects, or extended performance tasks. 8 Allows funding to support state assessments that are developed for multiple measures of student academic achievement, including measures that assess higher-order thinking skills and understanding, and elicit complex student demonstrations or applications of knowledge and skills. 9 P21 is continuing to engage with policymakers on changes to the bill through amendments prior to the bill reaching floor action that align in several ways with the 21 st Century Readiness Act, which is expected to be reintroduced by Senator Kay Hagan shortly. See Attachment #3. 6 p.30. Sec PURPOSE. 7 p. 38. Sec STATE AND LOCAL REQUIREMENTS. (a)(1)(a)(iii)(iv) 8 p. 52. Sec STATE AND LOCAL REQUIREMENTS. (a)(2)(b)(iv) 9 p Sec GRANTS FOR STATE ASSESSMENTS AND RELATED ACTIVITIES. (a)(2)(b)(iii)

5 Attachment #1 Amendment Options House Education & The Workforce Committee Markup: The Student Success Act (H.R. 5) While there are some explicit and implied provisions in the bill and official record which positively affect P21 s policy direction, there are additional opportunities to improve the bill through the pursuit of potential amendments before the bill reaches the House floor. The following amendments reflect areas in the bill where language could be added to bring it into further alignment with parts of H.R. 347, the 21 st Century Readiness Act. P. 8, line 8 [SEC STATEMENT OF PURPOSE.], before graduate insert: to be prepared in core academic subjects and possess the skills to be able to think critically and solve problems, be effective communicators, collaborate with others, and learn to create and innovate so that they can The purpose of this title is to provide all children the opportunity to be prepared in core academic subjects and possess the skills to be able to think critically and solve problems, be effective communicators, collaborate with others, and learn to create and innovate so that they can graduate high school prepared for postsecondary education or the workforce. Section 3 of H.R. 347, the 21 st Century Readiness Act P. 26, line 5 [SEC STATE PLANS.], strike include measures that assess higher-order thinking skills and understanding; and insert the following: involve multiple measures of student academic achievement that measure core academic subject knowledge and higher-order thinking skills (such as critical thinking and problem solving, communication, collaboration, and creativity and innovation) to ensure that students can apply a range of skill competencies alongside core academic subject knowledge, and do so in real-world contexts. (viii) involve multiple measures of student academic achievement that measure core academic subject knowledge and higher-order thinking skills (such as critical thinking and problem solving, communication, collaboration, and creativity and

6 innovation) to ensure that students can apply a range of skill competencies alongside core academic subject knowledge, and do so in real-world contexts. Section 11 of H.R. 347, the 21 st Century Readiness Act P. 238, line 8 [SEC NATIONAL ASSESSMENT OF TITLE I], insert the following after inserting : to be prepared in core academic subjects and possess the skills to be able to think critically and solve problems, be effective communicators, collaborate with others, and learn to create and innovate so that they can graduate high school prepared for postsecondary education or the workforce. ; (ii) in subparagraph (A), by striking reaching the proficient level and all that follows and inserting to be prepared in core academic subjects and possess the skills to be able to think critically and solve problems, be effective communicators, collaborate with others, and learn to create and innovate so that they can graduate high school prepared for postsecondary education or the workforce. ; Section 4 of H.R. 347, the 21 st Century Readiness Act P. 266, after line 22 [SEC LOCAL USE OF FUNDS.], insert the following: (viii) professional development that incorporates an aligned system of teaching and learning that includes 21st century skills (such as critical thinking and problem solving, communication, collaboration, creativity, and innovation), standards, curriculum, instruction, and assessments, such as high-quality professional development that (A) ensures that educators understand the importance of 21st century skills and how best to integrate such skills into daily instruction; (B) enables collaboration among all participants; (C) allows educators to construct their own learning communities; (D) uses expertise within a school or local educational agency through coaching, mentoring, and team teaching; (E) supports educators in their role as facilitators of learning; and (F) uses 21st century skills technology tools.. (viii) professional development that incorporates an aligned system of teaching and learning that includes 21st century skills (such as critical thinking and problem solving, communication, collaboration, creativity, and innovation), standards, curriculum, instruction, and assessments, such as high-quality professional development that

7 (A) ensures that educators understand the importance of 21st century skills and how best to integrate such skills into daily instruction; (B) enables collaboration among all participants; (C) allows educators to construct their own learning communities; (D) uses expertise within a school or local educational agency through coaching, mentoring, and team teaching; (E) supports educators in their role as facilitators of learning; and (F) uses 21st century skills technology tools; Sections 7 and 9 of H.R. 347, the 21 st Century Readiness Act P. 276, after line 6 [SEC STATE ALLOTMENTS.], insert the following, providing training on how to deliver instruction on higher-order thinking skills (such as critical thinking and problem solving, communication, collaboration, creativity, and innovation) so that students can apply a range of skill competencies alongside core academic subject knowledge, and do so in real-world contexts, which may include effectively integrating technology into curriculum and instruction.. providing training on how to deliver instruction on higher-order thinking skills (such as critical thinking and problem solving, communication, collaboration, creativity, and innovation) so that students can apply a range of skill competencies alongside core academic subject knowledge, and do so in real-world contexts, which may include effectively integrating technology into curriculum and instruction; Section 9 of H.R. 347, the 21 st Century Readiness Act P. 283, after line 15 [SEC LOCAL AUTHORIZED ACTIVITIES.], insert the following, providing professional development training on how to deliver instruction on higher-order thinking skills (such as critical thinking and problem solving, communication, collaboration, creativity, and innovation) so that students can apply a range of skill competencies alongside core academic subject knowledge, and do so in real-world contexts, which may include effectively integrating technology into curriculum and instruction; and (G) providing training on how to deliver instruction on higher-order thinking skills (such as critical thinking and problem solving, communication, collaboration, creativity, and innovation) so that students can apply a range of skill competencies alongside core academic subject knowledge, and do so in real-world contexts,

8 which may include effectively integrating technology into curriculum and instruction; [Redesignate (G) as (H)] Section 9 of the 21 st Century Readiness Act P. 426, after line 14 [SEC DEFINITIONS.], insert the following, incorporates an aligned system of teaching and learning that includes 21st century skills (such as critical thinking and problem solving, communication, collaboration, creativity, and innovation), standards, curriculum, instruction, and assessments, such as high-quality professional development that (A) ensures that educators understand the importance of 21st century skills and how best to integrate such skills into daily instruction; (B) enables collaboration among all participants; (C) allows educators to construct their own learning communities; (D) uses expertise within a school or local educational agency through coaching, mentoring, and team teaching; (E) supports educators in their role as facilitators of learning; and (F) uses 21st century skills technology tools; Line 14, after classroom strike. and insert ; and Line 15: (iv) incorporates an aligned system of teaching and learning that includes 21st century skills (such as critical thinking and problem solving, communication, collaboration, creativity, and innovation), standards, curriculum, instruction, and assessments, such as high-quality professional development that (A) ensures that educators understand the importance of 21st century skills and how best to integrate such skills into daily instruction; (B) enables collaboration among all participants; (C) allows educators to construct their own learning communities; (D) uses expertise within a school or local educational agency through coaching, mentoring, and team teaching; (E) supports educators in their role as facilitators of learning; and (F) uses 21st century skills technology tools; Section 7 of H.R. 347, the 21 st Century Readiness Act

9 Attachment #2 Student Success Act (H.R. 5) Statement on the Amendment in the Nature of a Substitute Rep. Thomas E. Petri Thank you, Mr. Chairman. I first want to thank you and your staff for all of your hard work on this legislation. I want to express my support for the substitute amendment being offered today. I am in frequent contact with educators in my district and one of the concerns I hear the most is that federal money comes to local schools and districts in a variety of funding streams, each with its own restrictions and reporting requirements. I am constantly asked if there is a way that we can consolidate some of these funding pots so that schools can better apply the funds to those areas where they will have the most effect. These feelings are strongest in smaller or more rural schools where funding tends to be more limited. The underlying legislation and the substitute you've proposed today give them that much needed flexibility. Wisconsin schools are doing a lot of innovative things to prepare their students for success in the 21st century economy. They know that the nature of work is changing: jobs in manufacturing, where Wisconsin is a leader, require critical thinking, the ability to be innovative and to work with people of varying skill levels, and the ability to communicate effectively. These skills were favorably noted in a 2012 National Research Council Report and in a recent Gallup poll that found that those who have these skills are twice as likely to have higher work quality than those who don t. Wisconsin is a member of the Partnership for 21st Century Skills, a coalition of states, education groups, and employers that is working to ensure that students have these critical skills. I hear from educators that these innovative programs help to bring to life the subjects that students are studying in school, oftentimes renewing their focus on core academics. But again, I also hear that schools and districts are hamstrung by their inability to put federal funds to use in these innovative ways. In response, working with Congressman Dave Loebsack, I introduced the 21st Century Readiness Act, which has received widespread bicameral and bipartisan support. This legislation would give states and school districts more flexibility to use federal funds to enhance the teaching of these skills in their classrooms. I am pleased that the Student Success Act, through its Local Academic Flexible Grant and in other ways, gives educators the flexibility to pursue these innovative initiatives at the local level.

10 Student Success Act (H.R. 5) Statement on the Amendment in the Nature of a Substitute Rep. Dave Loebsack Thank you Mr. Chairman. The reauthorization of ESEA should be an opportunity to capitalize on what we have learned about the quality of education and effective teacher supports. For example, it is clear we must help our teachers to develop in our students the kind of 21 st Century Skills that will enable every child to be successful students, workers, and citizens in an effective global economy. These skills include critical thinking and problem solving, communication, collaboration and creative thinking; all skills sets that employers are looking for in their workforce. A recent National Research Council report provided evidence that the development of these skills led to higher student aspirations and engagement in school and higher quality of work later in life. The evidence is there. It is not something that can be argued. I m pleased to be working with my colleague from across the aisle, Mr. Petri, on the 21 st Century Readiness Act, which would provide schools with the resources we need to foster and measure these skills.

11 Attachment #3 Amendment Options U.S. Senate Committee on Health, Education, Labor, & Pensions Markup: Strengthening America's Schools Act of 2013 (S. 1094) While there are some explicit and implied provisions in the bill which positively affect P21 s policy direction, there are additional opportunities to improve the bill through the pursuit of potential amendments before the bill reaches the Senate floor. The following amendments reflect areas in the bill where language could be added to bring it into further alignment with parts of the soon to be reintroduced 21 st Century Readiness Act. P. 30, line 14 [SEC STATEMENT OF PURPOSE.], after to strike all that follows through line 16 and before in and insert the following: think critically and solve problems, be effective communicators, collaborate with others, and learn to create and innovate. The purpose of this title is to ensure every child has a fair, equal, and significan opportunity to obtain a high-quality education and graduate from high school ready for college, career, and citizenship. This purpose can be accomplished by (1) setting high expectations for children to develop deep content knowledge and the ability to use knowledge to think critically and solve problems, be effective communicators, collaborate with others, and learn to create and innovate, in order to graduate, from high school, college and career ready; Section 3 of the 21 st Century Readiness Act P. 38, line 15 [SEC STATE AND LOCAL REQUIREMENTS.], after solving, strike all that follows through line 16 and insert the following: communication, collaboration, and creativity and innovation skills. (IV) be evidence-based and include rigorous content and skills, such as critical thinking, problem solving, communication, collaboration, and creativity and innovation skills. Sections 2 and 4 of the 21 st Century Readiness Act

12 P. 52, line 1 [SEC STATE AND LOCAL REQUIREMENTS.], after problems, strike all that follows through line 13 and insert the following: communicate, collaborate, and create and innovate to ensure that students can apply a range of skill competencies alongside core academic subject knowledge, and do so in real-world contexts. (II) measure students mastery of content knowledge and their ability to use knowledge to think critically and solve problems, communicate, collaborate, and create and innovate to ensure that students can apply a range of skill competencies alongside core academic subject knowledge, and do so in real-world contexts. Section 11 of the 21 st Century Readiness Act P. 236, line 8 [SEC GRANTS FOR STATE ASSESSMENTS AND RELATED ACTIVITIES.], after including add technology then on line 10 after skills add such as critical thinking and problem solving, communication, collaboration, and creativity innovation then after understanding, strike all up to to on line 12 and add insert the following: to ensure that students can apply a range of skill competencies alongside core academic subject knowledge, and do so in real-world contexts. (iii) developing multiple measures of student academic achievement, including technology measures,that assess higher-order thinking skills such as critical thinking and problem solving, communication, collaboration, and creativity innovation and understanding, to ensure that students can apply a range of skill competencies alongside core academic subject knowledge, and do so in real-world contexts to increase the reliability and validity of State assessment systems. Section 11 of the 21 st Century Readiness Act P. 239, line 8 [SEC GRANTS FOR STATE ASSESSMENTS AND RELATED ACTIVITIES.], after skills add such as critical thinking and problem solving, communication, collaboration, and creativity innovation. After understanding insert,to ensure that students can apply a range of skill competencies alongside core academic subject knowledge, and do so in real-world contexts. (B) measure student academic achievement using multiple measures of student academic achievement from multiple sources, including measures that assess higher-order thinking skills such as critical thinking and problem solving,

13 communication, collaboration, and creativity innovation and understanding, to ensure that students can apply a range of skill competencies alongside core academic subject knowledge, and do so in real-world contexts. Section 11 of the 21 st Century Readiness Act P. 259, line 15 [SEC SECONDARY SCHOOL REFORM.], strike and and on line 19 add and then on line 20 insert (iv) implementing 21st century readiness initiatives, such as initiatives that fuse core academic subject knowledge and higher-order thinking skills (such as critical thinking and problem solving, communication, collaboration, creativity, and innovation to ensure students can apply a range of skill competencies alongside content knowledge, and do so in real-world contexts. (iv) implementing 21st century readiness initiatives, such as initiatives that fuse core academic subject knowledge and higher-order thinking skills (such as critical thinking and problem solving, communication, collaboration, creativity, and innovation to ensure students can apply a range of skill competencies alongside content knowledge, and do so in real-world contexts. Section 6 of the 21 st Century Readiness Act P. 260, line 14 [SEC SECONDARY SCHOOL REFORM.], after workplace insert such as implementing 21st century readiness initiatives that fuse core academic subject knowledge and higher-order thinking skills (such as critical thinking and problem solving, communication, collaboration, creativity, and innovation to ensure students can apply a range of skill competencies alongside content knowledge, and do so in real-world contexts. (i) redesigning academic content and instructional practices to align with high academic standards for all students, the criteria associated with admission to and success in postsecondary education, and the skills necessary to be successful in the workplace, such as implementing 21st century readiness initiatives that fuse core academic subject knowledge and higher-order thinking skills (such as critical thinking and problem solving, communication, collaboration, creativity, and innovation to ensure students can apply a range of skill competencies alongside content knowledge, and do so in real-world contexts. Section 6 of the 21 st Century Readiness Act

14 P. 357, line 19 [SEC LOCAL USE OF FUNDS.], add (8) carrying out training on how to deliver instruction on higher-order thinking skills (such as critical thinking and problem solving, communication, collaboration, and creativity and innovation so that students can apply a range of skill competencies alongside core academic subject knowledge, and do so in realworld contexts, which may include effectively integrating technology into curricula and instruction. (8) carrying out training on how to deliver instruction on higher-order thinking skills (such as critical thinking and problem solving, communication, collaboration, and creativity and innovation so that students can apply a range of skill competencies alongside core academic subject knowledge, and do so in real-world contexts, which may include effectively integrating technology into curricula and instruction. Section 9 of the 21 st Century Readiness Act P. 786, line 15 [SEC COMPETENCY-BASED ASSESSMENT AND ACCOUNTABILITY DEMONSTRATION.], after solving, add communication, collaboration, creativity and innovation, (2) COMPETENCY.-The term competency means a target for student learning representing key content-specific concepts and higher order skills, such as critical thinking, problem solving, communication, collaboration, creativity and innovation, and self-directed learning that is