WASHINGTON
CORNER
Washington corner:
Rebuilding ESEA with
the tools of regulation
Lauren Gibbs examines upcoming changes
The $4.35 billion provided to this fund will
not be spread across all states; in fact, some
in federal policies
estimate that fewer than a dozen grants
will be awarded. State applications for RTTT
THE ELEMENTARY AND SECONDARY be pushed back until 2011, a 2010 renewal must be aligned with four assurances, and
EDUCATION ACT of 1965 (ESEA) is supposed is now in the realm of possibility. Yet many are also scored on nineteen criteria. Some
to be renewed and revised through the hurdles still lie ahead. Leaders in Congress of these represent major shifts in education
congressional reauthorization process may agree on many big picture ideas, but policy, such as the adoption of common core
every six years. Eight years ago, that negotiations can quickly fall apart over standards across states, removing barriers
reauthorization came in the form of the disagreements on the details. to opening charter schools, implementing
No Child Left Behind Act (NCLB). When What is happening in the meantime? A statewide longitudinal data systems, and
the law expired in 2007, there was only a reauthorization of sorts is happening right allowing teachers to be evaluated, in part,
fl eeting interest in undertaking a laborious under our noses through regulations released based on student performance. Forty-one
reauthorization, and ESEA has since been by the U.S. Department of Education. states have submitted applications.
operating under a “continuing resolution.”
Democrats in the House of
Representatives boldly released a “working
Technically, ESEA still needs to be reauthorized by
draft” of their reauthorization proposal in
Congress. But not only has the blueprint for the renewal been
the fall of 2007, only to have it skewered
written, the foundation has been poured and the fi rst fl oor
from every direction. Since that debacle,
there has been little appetite on Capitol Hill
has been built. We will be living in this house for the next
for renewing the law. After the inauguration
decade, so school leaders must pay careful attention to this
of President Obama, education had to get
in line behind health care reform, which
reauthorization through regulation
comes under the same House and Senate
committees. The American Recovery and Reinvestment The President has proposed to expand this
To call the healthcare debate Act (ARRA) created a unique opportunity fund by an additional $1.35 billion, and to
cantankerous would be generous. Members not just to send an infl ux of money to extend eligibility to districts.
of Congress are exhausted by the highly schools, but to regulate how that money is
polarized debate, and have expressed spent. Since so much of the ARRA money School Improvement Grants
concern over stepping into such a climate is tied to the laws of ESEA, the regulations The $3 billion in School Improvement Grants
to renew ESEA, which has historically governing this money fundamentally impact (SIG) will be awarded by formula to the
been overwhelmingly bipartisan. Yet, the underlying law. Title I alone has been states, but there are rigid requirements
President Obama and Secretary Duncan are funded at levels between $13-15 billion placed on how the states can award grants
determined to make it happen. dollars in the past several years. An infusion to Local Education Agencies (LEAs). States
Secretary Duncan met with the top of nearly $100 billion through ARRA, and the must prioritize these grants to the lowest
leaders of the authorizing committees in regulations that accompany the spending, achieving fi ve percent of schools, and the
mid-January, and President Obama called are creating seismic shifts in federal criteria for identifying these schools have
for the reauthorization in his State of the education policy. been outlined in the regulations. These
Union address to Congress the following lowest-achieving schools can only receive
week. The President’s budget, released State Fiscal Stabilization Fund SIG funds if they commit to implementing
early in February, provides some important The initial infusion of cash ($48.6 billion) one of the four reform models outlined by
indicators for what the full proposal from the came in the spring of 2009 through the State the regulations.
Administration will look like. Fiscal Stabilization Fund (SFSF), with few The fi rst option is the “turnaround model,”
In a signifi cant turn of events, strings attached. which includes, among other things, the
Congressional leaders on both sides of the replacement of the principal, the screening
aisle now say they want to move forward Race to the Top of all staff and rehiring no more than 50
quickly with the renewal. While most The Race to the Top (RTTT) is a competitive percent, and the implementation of a
insiders had believed that a renewal would grant that will be awarded at the state level. research based instructional program. The
22 Better: Evidence-based Education winter 2010
Better(US)Win10 pp22-23 Washington.indd 22 23/2/10 17:07:50
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