CONGRESSIONAL UPDATE Looking Towards the Next Administration Julia Martin jmartin@bruman.com Brustein & Manasevit, PLLC Spring Forum 2016 ESSA AN AMERICAN MUSICAL 1
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 Brustein & Manasevit, PLLC 2016. All rights reserved. 4 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 Brustein & Manasevit, PLLC 2016. All rights reserved. 5 Growing Political Tensions Brustein & Manasevit, PLLC 2016. All rights reserved. 6 2
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 Brustein & Manasevit, PLLC 2016. All rights reserved. 7 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 Brustein & Manasevit, PLLC 2016. All rights reserved. 8 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 generally As 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 Brustein & Manasevit, PLLC 2016. All rights reserved. 9 3
Succeeds against the odds Hamilton rose from obscurity to be junior delegate to Constitutional convention and first Secretary of the Treasury 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 Brustein & Manasevit, PLLC 2016. All rights reserved. 10 Obama approved Brustein & Manasevit, PLLC 2016. All rights reserved. 11 The Story Continues Hamilton significantly engaged in development of finance system, elections well after revolution The next step for ESSA: regulations Brustein & Manasevit, PLLC 2016. All rights reserved. 12 4
The Story Continues Negotiated Rulemaking committee met in March/April Discussed supplement not supplant, assessments (including 1% cap, English language, 8 th 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) Accountability State plans Data reporting Innovative assessment pilot Final regulations by end of year That s it for this administration! Brustein & Manasevit, PLLC 2016. All rights reserved. 13 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 Brustein & Manasevit, PLLC 2016. All rights reserved. 14 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 Brustein & Manasevit, PLLC 2016. All rights reserved. 15 5
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 Impact Aid changes Preschool (new program and crossover with ESSA) and more Brustein & Manasevit, PLLC 2016. All rights reserved. 16 The shape of things to come Civil rights issues ESSA 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) Brustein & Manasevit, PLLC 2016. All rights reserved. 17 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 rise Empires fall It s much harder when it s all your call Brustein & Manasevit, PLLC 2016. All rights reserved. 18 6
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 Brustein & Manasevit, PLLC 2016. All rights reserved. 19 How would presidential candidates shape education policy? Brustein & Manasevit, PLLC 2016. All rights reserved. 20 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 Brustein & Manasevit, PLLC 2016. All rights reserved. 21 7
How would presidential candidates shape education policy? Ted Cruz Eliminate Department of Education Repeal every word of Common Core School choice is civil rights issue of the 21 st century Voted against ESSA John Kasich Strong supporter of school choice Current 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) Brustein & Manasevit, PLLC 2016. All rights reserved. 22 How would presidential candidates shape education policy? 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 Brustein & Manasevit, PLLC 2016. All rights reserved. 23 ESSA: Not the only show on Broadway Brustein & Manasevit, PLLC 2016. All rights reserved. 24 8
Appropriations Budget deal passed in October 2015 would provide funding for FY 2017 at same levels as FY 2017 Some 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 Brustein & Manasevit, PLLC 2016. All rights reserved. 25 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 If Republicans take White House, will wait until after inauguration Will pass legislation when conditions are best for them Either way: continuing resolution (CR) through election day extremely likely Brustein & Manasevit, PLLC 2016. All rights reserved. 26 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 30 th, 2015 Programs temporarily reauthorized in CR, Omnibus bill New deadline is September 30 th, 2016 Brustein & Manasevit, PLLC 2016. All rights reserved. 27 9
Child Nutrition Reauthorization Bill passed Senate Committee in January 2016 100% whole grain 80% Freeze sodium reduction targets 3 year administrative review cycle 5 year cycle hardship exemption for schools newly implementing FFVP House Committee discussion draft shared in April 2016 Whole grain, sodium reduction limits 2 cent increase in breakfast reimbursement Raise CEP threshold to 60% Kline hopes to get legislation passed this year But may be unrealistic given election and short window for action in Senate Brustein & Manasevit, PLLC 2016. All rights reserved. 28 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 Brustein & Manasevit, PLLC 2016. All rights reserved. 29 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 effectiveness Support the expansion of public/private collaborations Support efforts to integrate into and strengthen career pathways at state and local levels Address unfunded programs Support innovation and best practices Brustein & Manasevit, PLLC 2016. All rights reserved. 30 10
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? Brustein & Manasevit, PLLC 2016. All rights reserved. 31 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 Brustein & Manasevit, PLLC 2016. All rights reserved. 32 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 Brustein & Manasevit, PLLC 2016. All rights reserved. 33 11
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. Brustein & Manasevit, PLLC 2016. All rights reserved. 34 12