Tuesday, April 28, 2015

How About Some Cliff Notes on the ESEA Amendments? #1

The Elementary and Secondary Education Act (ESEA) was originally enacted in 1965. It has been amended many times. The last time was when the No Child Left Behind Act became law in 2001. Both the House of Representatives and the Senate have developed legislation to amend ESEA. The House bill, Student Success Act (H.R. 5) has been passed out of the House Education and the Workforce Committee (2/11/2015, 21 yeas, 16 nays), but has not yet been voted on by the full House. The Consortium for Citizens with Disabilities has shared its views with Chairman Kline and other members of the House Education and Workforce Committee 

The Senate Committee on Health, Education, Labor, and Pensions (HELP) recently completed work on its amendments to ESEA (4/16/15). The vote for it was bipartisan. All members of the Committee voted for it. The Consortium for Citizens with Disabilities has shared its views with Chairman Alexander and other members of the Senate HELP Committee

Both bills are a little over 600 pages, a daunting read. I read the Senate bill. I used the word "disabilities" as my search reference point. There are over 50 times "disabilities" is used in the Senate bill, Every Child Achieves Act of 2015 (ECAA).

Below I give a brief description of references I identified. I give both page numbers and section citations to places in the Senate bill where the term disabilities is used 

Page 17 – sec. 1111(a)(1)(A). Under the basic state grant program, state grants must coordinate with other programs including IDEA.

Page 19 – sec. 1111(a)(3)(A)(ii)(I). Under the basic state grant program establishes peer review panels to assist in reviewing state plans which include individuals with knowledge of the needs of children with disabilities.

Page 30 – sec. 1111(b)(1)(E). States must adopt alternative academic achievement standards for children with the most significant cognitive disabilities.

Page 36 - sec.1111(b)(2)(B)(vii)(II). Under the basic state grant program, the bill requires appropriate accommodations for students with disabilities in standardized testing situations.

Page 39 – sec. 1111(b)(2)(B)(ix). Under the basic state grant program, the bill requires states to have the ability to disaggregate data for reporting purposes.

Page 41 - sec. 1111(b)(2)(D). This provision in the bill gives the conditions that apply to the use of alternative assessments for students with the most significant cognitive disabilities, including limiting such assessments to no more than 1% of students being tested in a particular subject.

Page 47 – sec. 1111(b)(3)(A)(iii). This provision in the bill provides the categories of students covered under the statewide assessment requirements.

Page 58 – sec. 1111(c)(1)(D). In the bill if a state elects to use plan funds for multi-tiered systems of supports including behavioral interventions and supports, early intervening activities, or similar efforts by local education agencies it must coordinate with IDEA.

Page 71 - sec. 1111(d)(1)(C)(xi). The bill requires that a state report card include the number of students with significant cognitive disabilities and the percentage of these students who took alternative assessments.

Page 84 - sec. 1111(d)(8)(A)(i). The bill requires the Secretary's report card include data required by ECAA (this bill) and also IDEA with regard to students with disabilities.

Page 88 - sec. 1112(a)(1). This bill requires that local educational agency plans reflect coordination with the IDEA.

Page 93 - sec. 1112(b)(10). The bill requires that local education agency plans describe how they will coordinate with IDEA.

Page 94 - sec. 1112(b)(12). The bill requires that if an LEA elects to use plan funds for multi-tiered systems of supports including behavioral interventions and supports or early intervening activities, it must describe how it will coordinate with IDEA.

Page 96 - sec. 1112(c)(4). Under assurances in the bill, an LEA must ensure to coordinate services under its plan with services under IDEA.

Page 119 - sec. 1113(c)(2)(F)(iii)(II)(dd). In the bill if a school elects to develop a schoolwide plan, it must describe how it will coordinate with IDEA.

Page 121 - sec. 1113(c)(3)(B). In the bill under the schoolwide plan provisions funds must be used to supplement funds available from other sources, including IDEA funds.

Page 122 - sec. 1113(c)(4)(A). In the bill exemptions from regulatory or statutory provisions that may be developed and apply to schoolwide plans cannot apply with regard to IDEA  provisions.

Page 128 - sec. 1113(d)(3)(B)(i). In the bill children eligible to benefit under the Targeted Schools Assistance Program shall include students with disabilities.

Page 161 - sec. 1115(f ). In the bill under parent engagement and involvement requirements, accessibility is to be considered and addressed in dealing with parents or family members with disabilities.

Page 168 - sec.1201(2)(A). In the bill under  the provisions related to grants for statewide assessments, states may use funds to expand the accommodations they offer to students with disabilities during such tests.
  
Page 174 - sec. 1203(c)(1)(E). The bill requires that when developing demonstrations on statewide assessments, states will seek input from stakeholders representing students with disabilities.

Page 177 - sec. 1203(c)(2)(F). The bill requires that when developing demonstrations on statewide assessments, states must make alternative assessment available to students with the most significant cognitive disabilities.

Page 180 - sec. 1203(d)(1). The bill requires the Secretary to implement a peer review process concerning state demonstrations related to statewide assessments that will include persons with knowledge of the needs of students with disabilities.

Page 231 - sec. 2101(c)(4)(B)(iv). The bill requires that when developing, expanding, or improving alternative routes to certification, states include consideration of acquiring teachers to teach students with disabilities.

Page 232 - sec. 2101(c)(4)(B)(v). The bill requires that when LEAs develop, improve or implement recruitment programs,  recruitment of teachers for students with disabilities should be included in such programs.

Page 244 - sec. 2102(b)(2)(B)(viii). In the bill for an LEA to get a subgrant under a state's recruitment grant, it must conduct a needs assessment which includes identifying schools with acute needs for teachers for students with disabilities.

Page 249 - sec. 2103(b)(3). In the bill LEAs may develop, implement, and evaluate comprehensive evidence-based programs and activities. These shall include assessments involving students with disabilities.

Page 253 - sec. 2103(b)(3)(F). In the bill LEAs are given types of comprehensive evidence-based programs and activities they may elect to pursue. Students with disabilities are to be included within these efforts. Effective teaching of students with significant cognitive disabilities, effective use of behavioral supports, and participation of students with disabilities in statewide assessments are specifically referenced among the the types of programs and activities.

Page 298 - sec. 2402(a)(2). The bill requires that State agencies that receive comprehensive literacy instruction grants shall students with disabilities.

Page 309 - sec. 2404(b)(1)(A). The bill requires that within-state eligible entities that elect to develop comprehensive literacy instruction plans serve students with disabilities.

Page 345 - sec. 3141(2). This provision in the bill includes a definition of an English language learner with a disability.

Page 367 - sec. 4105(a)(4)(J). Under the Healthy and Safe Students Program, through grants to LEAs, the bill allows grant funds to be used to develop and implement comprehensive positive behavioral supports programs that coordinate with those under IDEA.

Page 390 - sec. 5103(e)(2)(C)(i). Under charter schools provisions, the bill requires charter schools to comply with IDEA when serving students with disabilities and requires states to monitor compliance.

Page 415 - sec. 5105(b)(2)(D). The bill requires that entities applying to be charter schools describe how they plan to serve students with disabilities.

Page 419 - sec. 5105(b)(5)(C)(i). The bill includes a provision requiring charter schools to comply with the Americans with Disabilities Act.

Page 464 -  sec. 7111(c)(12). In the prekindergarten and and kindergarten provisions the bill references the provision of services to American Indian children with disabilities.

Page 538 - sec. 9101(31)(B)(xiv). These provisions in the bill describe a range of inservice training options that include giving teachers training in behavioral supports. 

Page 541 - sec. 9101(42)(A). This provision in the bill defines the term "specialized instructional support personnel" to include certain personnel covered under IDEA.

Page 587 - sec. 10002(????)(D). This provision in the bill addresses homeless children and youth with disabilities.

Page 590 - sec. 10002(?)(iii). This provision in the bill expresses that homeless children and youth with disabilities are entitled to services under IDEA.

I plan to write a series of posts on this bill. This is the first one.

Thank you.
Common Grounder

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