Education Week - March 16, 2016 - (Page 15)
Negotiated Rulemaking Committee Members and Constituencies
State administrators and state boards
* Tony Evers, Wisconsin Department of
* Marcus Cheeks, Mississippi
Department of Education
Local administrators and local boards
* Alvin Wilbanks, Gwinnett County
Public Schools, Ga.
* Derrick Chau, Los Angeles Unified
* Thomas Ahart, Des Moines Public
* Aaron Payment, Sault Ste. Marie
* Leslie Harper, Leech Lake Band of
Parents and students, including
historically underserved students:
* Lisa Mack, Ohio
* Rita Pin Ahrens, District of Columbia
* Audrey Jackson, Boston Public Schools
* Ryan Ruelas, Anaheim City School
* Mary Cathryn Ricker, St. Paul Public
Schools/American Federation of
* Lara Evangelista, New York City
Department of Education
* Aqueelha James, District of Columbia
Other school leaders, including
charter school leaders:
* Eric Parker, Montgomery Public
* Richard Pohlman, Thurgood Marshall
Academy, District of Columbia*
* Lynn Goss, School District of the
Menomonie Area, Wis.
* Regina Goings, Clark County School
Civil rights community:
* Delia Pompa, Migration Policy Institute
* Ron Hager, National Disability Rights
* Liz King, The Leadership Conference
on Civil and Human Rights
* Janel George, NAACP Legal Defense
and Educational Fund*
* Kerri Briggs, Exxon Mobil
* Kenneth Bowen, Office Depot*
n a key move affecting federal funding for
schools, negotiators developing proposed
regulations for the Every Student Succeeds
Act will examine how to devise rules that
make clear exactly how federal dollars
for low-income students must supplement, not
supplant, state and local school funding.
The "supplement-not-supplant" requirement
has been a part of the Elementary and Secondary
Education Act since 1970. It is designed to prevent
states and districts from cutting their education
budgets and then using federal money earmarked
for low-income students to make up the difference.
But ESSA now gives districts additional
breathing room to meet the supplement-notsupplant mandate, in two ways.
First, the latest update to the federal K-12
law ends the previous requirement that districts
itemize the cost of various programs funded by
Title I money, which is federal funding intended
for low-income students. This previous itemization
requirement had been designed to show exactly
how the services and programs Title I money was
funding were truly supplemental services.
In addition, districts will now be able to
use a single method to show that a Title I school
is receiving the same state and local funding it
would have if no Title I dollars were available.
Previously, different schools were subject to
different tests for determining this.
Showing Their Work
As part of the negotiated rulemaking process, the
Education Department has asked negotiators to
tackle several questions as they draft regulations
for supplement not supplant. Among them: How
can districts show their methodology for allocating
state and local funds to satisfy supplement not
supplant? And how flexible should regulations
be to accommodate districts with unusual
characteristics, such as those with "particularly
Under ESSA, the Education Department is
prohibited from telling districts which methodology
they must use for ensuring the continuity of state
and local dollars separate from Title I money.
However, districts must use their new method for
demonstrating compliance with supplement-notsupplant requirements starting in December 2017.
In the list of questions presented to the
negotiators for discussion, the department asked
them to consider what it would mean for districts
to demonstrate the continuity of state and local
funds under supplement-not-supplant. Negotiators
will also be tasked with considering how the
methodology requirement will apply to districts
that use school-based budgeting or weighted
student-funding systems, and how flexible the
regulations should be for districts that have
particularly small schools, for example.
In its background paper intended to guide
negotiators, the department references "unfair
shortfalls in state and local funding" in the
context of supplement-not-supplant requirements.
That phrase could highlight the department's
priorities in developing regulations.
"The word 'unfair' shows that they might
be looking at this through an equity lens," said
Sheara Krvaric, an attorney with the Federal
Education Group, a consulting firm that works
with states and districts.
The department also stated in the background
paper that most students in Title I schools (those
with relatively large shares of students from lowincome households) are in districts where those
schools get fewer state and local dollars per pupil
than wealthier, non-Title I schools.
Under the No Child Left Behind Act, districts
had to show the federal department and external
auditors that Title I money was not flowing to
programs and services required under state
law; that state and local money did not pay for
programs and services the previous school year;
and that the same programs and services were not
provided to other students with non-Title I dollars.
Because auditors and others have used those
three tests for a long time, it could be helpful
for the Education Department, in regulations or
elsewhere, to make it clear these three tests no
longer have to be used, Krvaric said.
Clinton Would Have to Tread Carefully
In Rolling Out 'SWAT Team' for Schools
| POLITICS K-12 | One of Democratic presidential candidate Hillary
Clinton's more notable lines about education during the March 6
debate was her vision for an "education SWAT team." This team of
teachers and principals, active and retired, would be backed by the U.S.
Department of Education to go into struggling schools to provide
emergency support and resources, according to the former
secretary of state.
Clinton-who made the remarks in fielding a
rare question on K-12 education in the 2016 debate
cycle-did not pitch this idea explicitly as a federal
intervention in schools. But unless she were to handle
it the right way if elected, such a proposal could face political
One issue could be the new Every Student Succeeds Act and
the priorities of the people who wrote it. Conservative lawmakers
like Rep. John Kline, R-Minn., and Sen. Lamar Alexander,
R-Tenn., the respective chairmen of the House and Senate
education committees, have touted ESSA as a rightful return
of K-12 policy power to states after a long, damaging period of
Generally speaking, the new federal education law gives states
more authority over several accountability policies, including school
turnaround efforts. The interventions that can be used to try to help
those schools are left up to districts and states. So if lawmakers,
advocates, and others begin to believe that a SWAT team could
involve federally backed groups swooping in to put their footprint on
a district, the idea may not get far at all.
At the same time, it's important to stress that Clinton didn't say
a SWAT team could tell districts what to do-she suggested the
teams would provide support where desired. And she never indicated
her support for a federal takeover of schools or districts. In fact, the
Detroit school system is under state control, a situation that Clinton
said she opposes.
In State Without a Charter School Law,
Nebraska Parents' Group to Push Issue
| K-12 PARENTS AND THE PUBLIC | A group of parents in Nebraska
is setting its sights on getting the Nebraska legislature to approve a
charter school law in one of the last eight states in the nation without
such a law.
Parent Clarice Jackson, the founder of Our Children Our Schools,
said other states have had charter school laws for up to 25 years, but
it's not something that Nebraska "has tapped into."
"We know it's not a silver bullet. It could be the right education
choice for their child," Jackson said.
Supporters of charter schools in Nebraska have had a hard sell.
Gov. Pete Ricketts, a Republican, supports charter schools, even
signing a proclamation as part of National School Choice Week in
January. But Omaha school board members and some lawmakers
have had concerns over previous legislative attempts, as have as the
Nebraska school board and teachers' union members. Last year, a
Nebraska charter bill was heard but died in a legislative committee.
Federal Education Secretary Nominee
Wins Approval From Senate Committee
| POLITICS K-12 | Acting U.S. Secretary of Education John B. King
Jr. is one step closer to being a full-fledged cabinet official: The Senate
education committee approved his nomination by a 16-6 vote last week.
The nomination will now advance to the floor of the chamber.
Sen. Lamar Alexander, R-Tenn., voted in favor of King, even
though he said they don't agree on everything. He said he had
urged President Barack Obama to officially nominate an education
secretary who is "accountable" to the Senate, during the first
critical year of implementation for the Every Student Succeeds
Act, the newest version of the Elementary and Secondary
The education committee held a collegial confirmation hearing
for King late last month. All the Democrats on the committee
voted March 9 to confirm King. But a number of Republicans
voted no, including Sens. Mike Enzi of Wyoming, Richard Burr
of North Carolina, Johnny Isakson of Georgia, Rand Paul
of Kentucky, Pat Roberts of Kansas, and Tim Scott of South
King took the helm of the Education Department on an acting basis
by replacing U.S. Secretary Arne Duncan, who had a toxic relationship
with many in Congress by the time he left office.
EDUCATION WEEK | March 16, 2016 | www.edweek.org | 15
Table of Contents for the Digital Edition of Education Week - March 16, 2016
Education Week - March 16, 2016
States Hit Accelerator On Accountability
Immigrant Influxes Test U.S. Schools
Researchers Flag Downside Of Moving to Better Schools
News in Brief
Potential Use of ‘Blockchain’ Tech for K-12 Debated by Experts
Blogs of the Week
Early-Education Measures Percolating at State, Local Levels
Acting Ed. Secretary Urges Congress to Renew Career-Tech Law
ESSA Rulemaking: A Guide to Negotiations
Blogs of the Week
ERIC T. SCHNEIDERMAN: Keeping Schoolhouse Doors Open for Immigrant Children
GARRETT NEIMAN: For Disadvantaged Students, New SAT Is First Step
Q&A With Author David Denby: A Quest for ‘Serious’ Reading In the Digital Age
TopSchoolJobs Recruitment Marketplace
ARNOLD PACKER: Should Citizenship Be a Goal of Education?
Education Week - March 16, 2016