As US DOE Releases Proposed Rules For ESSA, Kline & Alexander Threaten To Pull The Plug

The first set of proposed rules for the Every Student Succeeds Act, unofficially released on May 20th, are already drawing the ire of many in Washington D.C. are not too happy with them.  Senator Lamar Alexander (TN) and US Rep. John Kline (MN) issued a press release today advising the United States Dept. of Education and Secretary of Education John King that if the proposed rules for regulation do not match the sprit and intent of the law they will take measures to overturn the proposed rules.

Both Kline and Alexander feel the federal overreach, which ESSA was supposed to get rid of, is still there.  This is not the first time in recent months they have blasted John King over the US DOE’s interpretation of the ESSA.  But as the proposed rules come out, expect a vicious fight in D.C.

Below are the proposed rules sent out for public comment.  They will be published in the Federal Register on May 31st, next Tuesday.  Also below are a summary of the proposed rules, a chart, the press release issued today by the US DOE on the proposed regulations, the Title I approved consensus for regulatory language on assessments, and the press release issued today by Kline and Alexander.

NOTICE OF PROPOSED RULEMAKING FOR REGULATIONS UNDER ESSA FOR ACCOUNTABILITY, STATE PLANS, AND DATA REPORTING TO APPEAR IN FEDERAL REGISTER ON 5/31/16

US DOE SUMMARY OF PROPOSED REGULATIONS ON ACCOUNTABILITY, STATE PLANS, AND DATA REPORTING UNDER ESSA

US DOE CHART ON PROPOSED ESSA REGULATIONS

PRESS RELEASE FROM US DOE ON PROPOSED REGULATIONS, 5/20/16

TITLE Ia: APPROVED CONSENSUS REGULATORY LANGUAGE FOR ASSESSMENT IN ESSA, 4/19/16

PRESS RELEASE ISSUED BY HOUSE AND SENATE EDUCATION COMMITTEE CHAIRMEN, 5/26/16

House and Senate Education Committee Chairmen: ESSA Accountability Regulations Need Close Review
Chairmen say if regulation doesn’t follow law, they will seek to overturn it through Congressional Review Act

House Education and the Workforce Committee Chairman John Kline (R-MN) and Senate Health, Education, Labor, and Pensions Committee Chairman Lamar Alexander (R-TN) released the following statements after the Department of Education released its proposed regulation implementing “accountability” provisions in the Every Student Succeeds Act. This proposed regulation is the first step of the regulatory process. The public will have 60 days to comment on the proposal.

Congressman Kline said: “Congress worked on a bipartisan basis to move the country away from the prescriptive federal mandates and requirements of No Child Left Behind. We replaced that failed law with a fundamentally different approach that empowers state and local leaders to determine what’s best for their schools and students. I am deeply concerned the department is trying to take us back to the days when Washington dictated national education policy. I will fully review this proposed rule and intend to hold a hearing on it in the coming weeks. If this proposal results in a rule that does not reflect the letter and intent of the law, then we will use every available tool to ensure this bipartisan law is implemented as Congress intended.”

Senator Alexander said: “I will review this proposed regulation to make sure that it reflects the decision of Congress last year to reverse the trend toward a national school board and restore responsibility to states, school districts, and teachers to design their own accountability systems. The law fixing No Child Left Behind was passed with large bipartisan majorities in both the House and the Senate. I am disappointed that the draft regulation seems to include provisions that the Congress considered—and expressly rejected. If the final regulation does not implement the law the way Congress wrote it, I will introduce a resolution under the Congressional Review Act to overturn it.”

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