Education: The New Federalism! Spring Forum 2017 May 10-12, 2017 Perkins V Michael L. Brustein, Esq. mbrustein@bruman.com Mike Bender, Esq. mbender@bruman.com www.bruman.com

Implementation Issues under Perkins IV “Improve” CTE Three-Year Rule?, Sec. 135(a). Student Tutors, Not Remedial, Sec. 3(5). Transportation & Lodging, Only for Special Pops. Use of Funds (Mandatory v. Permissive), Sec. 135. Supplanting, Sec. 311(a). Brustein & Manasevit, PLLC © 2017. All rights reserved.

Implementation Issues under Perkins IV Size, Scope, and Quality, Sec. 134(b)(6). Completed Local Application, Sec. 134. Programs of Study, Sec. 122(c)(1)(A). Negotiation with and Input from Locals, Sec. 113(b). Connection between Performance and Funding. Brustein & Manasevit, PLLC © 2017. All rights reserved.

PERKINS V Why do you want a reauthorization? What does reauthorization mean to you? Brustein & Manasevit, PLLC © 2017. All rights reserved.

Perkins V House passed legislation to reauthorize the law 405-5 early in September Senate was set to mark up draft legislation September 21st, but was postponed indefinitely Reportedly over Democrats’ concerns regarding Secretarial authority Brustein & Manasevit, PLLC © 2017. All rights reserved.

Purpose of Act Largely stay the same Academic and technical skills acquisition via CTE programs/programs of study Alignment with high skill, high wage, or high demand occupations in current or emerging professions Dissemination of best practices Give states and locals flexibility Support TA and PD Brustein & Manasevit, PLLC © 2017. All rights reserved.

Within State Allocation Once funds come to the state: Off the top of the entire state allotment states can choose to put funds into corrections Current law cap is one percent This proposal increases cap to two percent 5% or $250,000 state admin (matched) 10% for state leadership 85% to locals Increase from 10% to 15% for reserve fund Brustein & Manasevit, PLLC © 2017. All rights reserved.

Reserve Fund Increases cap from 10% to 15% Maintains focus on rural areas, areas with high percentage or numbers of CTE concentrators or participants Shifts focus to: Innovation through the identification and promotion of promising and proven CTE programs, practices and strategies, which may include practices and strategies that prepare individuals for non traditional fields OR Promote the development, implementation and adoption of POS or career pathways aligned with the state- identified in-demand occupations or industries Brustein & Manasevit, PLLC © 2017. All rights reserved.

State Plan – Plan Submission Two options: Combined state plan with WIOA Single state plan (current construct) Length of plan changed from six years to four years Brustein & Manasevit, PLLC © 2017. All rights reserved.

State Leadership (required) Adds in a provision about state leadership activities being provided directly or “through grants” Required uses of funds reduced: Current law: 9 required uses House Bill: 7 required uses Key focus areas: CTE POS Development Correctional Facilities / Juvenile Justice Engagement POS Approval Processes Articulation Agreements Statewide Partnerships Professional Development Brustein & Manasevit, PLLC © 2017. All rights reserved.

State Leadership (permissive) Current Law: 17 permissive uses House Bill: 15 permissive uses Brustein & Manasevit, PLLC © 2017. All rights reserved.

Local Formulas State still decides secondary and post secondary split State to local formulas – both secondary and post secondary remain the same as current law Brustein & Manasevit, PLLC © 2017. All rights reserved.

Local Application Plan period aligned to state plan period (4 years) States still have significant authority over contents of local application Overall dramatically reduces local plan requirements to four pieces: Results of a comprehensive “needs assessment” Information on POS development How they will provide supportive services such as career exploration, info, and guidance Special pops/non-traditional support Brustein & Manasevit, PLLC © 2017. All rights reserved.

Needs Assessment Must do this in order to be eligible for funding Evaluates the following: How students being served perform on indicators How programs being offered are: Sufficient size/scope/quality; aligned to in-demand occupations; designed to meet needs outside of in-demand How they will implement CTE POS How they ensure equitable access to programs How they will support teachers/instructors Similar consultative process to the State’s state plan development Brustein & Manasevit, PLLC © 2017. All rights reserved.

Restructuring of Section 135 Local Use of Funds Develop, coordinate, implement, or improve to meet needs assessment Nine mandatory uses reduced to seven 15 permissible uses connected to programs of study Local pooling of funds 5% local administration Brustein & Manasevit, PLLC © 2017. All rights reserved.

State Improvement Plans If a state fails to meet 90% of state adjusted level of performance levels, an improvement plan is initiated. If a state fails to meet or make an improvement in meeting any of the state adjusted levels of performance during the first two years of implementation: Shall revise such improvement plan to address the reasons for failure. Shall continue to implement such improvement plan until the agency meets at least 90% of the state adjusted level of performance for the same core individuals for which the plan is revised. Brustein & Manasevit, PLLC © 2017. All rights reserved.

Local Improvement Plans Removes state authority to sanction/withhold funds from locals due to performance Failure to meet 90% of target requires local improvement plan Fails to meet any local adjusted levels of performance (90% threshold) during a number of years determined by eligible agency Revise improvement plan for such failure Shall continue to implement the improvement plan until such recipient meets the 90% threshold Brustein & Manasevit, PLLC © 2017. All rights reserved.

A Brief History Lesson…. Perkins IV was a new era of increased accountability Separate secondary and postsecondary measures Performance levels at state and local levels Sanctions Data reported must be disaggregated by population groups as described in ESEA Achievement gaps had to be identified and quantified Brustein & Manasevit, PLLC © 2017. All rights reserved.

Secondary Indicators Academic achievement - Student attainment of challenging academic content standards and student academic achievement standards, aligned to ESEA. Student attainment of career and technical skill proficiencies, including student achievement on technical assessments that are aligned with industry– recognized standards, if available and appropriate. Student rates of attainment of each of the following : A secondary school diploma A GED credential, or other state recognized standards for individuals with disabilities A proficiency credential, certificate or degree, in conjunction with a secondary school diploma (if offered by the state) Student graduation rates as defined by ESEA Student placement in post-secondary education or advanced training, in military service or in employment Student participation in and completion of CTE programs that lead to nontraditional fields. Brustein & Manasevit, PLLC © 2017. All rights reserved.

Post-secondary indicators Student attainment of challenging career and technical skill proficiencies, including student achievement on technical assessments, that are aligned with industry recognized standards if available and appropriate Student attainment of an industry recognized credential, a certificate or a degree Student retention in post-secondary education or transfer to a baccalaureate degree program Student placement in military service or apprenticeship programs or placement or retention in employment including placement in high-skill, high wage or high demand occupations or professions Student participation in, and completion of CTE programs that lead to employment in non-traditional fields. Brustein & Manasevit, PLLC © 2017. All rights reserved.

Streamlining Accountability: Perkins IV to V Brustein & Manasevit, PLLC © 2017. All rights reserved.

Accountability Changes in Perkins V The Bill aims to strengthen alignment among ESSA, WIOA, and Perkins. Alignment of performance indicators and coordination of federal reporting requirements. Brustein & Manasevit, PLLC © 2017. All rights reserved.

Changes Continued… H.R. 5587 introduces formal definitions for CTE Concentrators and Participants. CTE Concentrator At the secondary level, a concentrator is defined as a student who completes three (note: not required to be in the same program area) or more CTE courses or two or more courses in a single program area. At the post-secondary level, a concentrator is a student who earns 12 cumulative credits in a single program area or completes a program that encompasses fewer than 12 credits. CTE Participant An individual who completes at least one CTE course or earns at least one credit in a CTE program or program of study. Brustein & Manasevit, PLLC © 2017. All rights reserved.

Concerns from the Field These definitions have not appeared in the statute, and it was assumed that the omissions were deliberate. States have used their own definition of the secondary CTE concentrator definition. For example: A student who earned three or more credits/completed 3 courses in a single CTE program area (with minor variations) – 18 states; A student who earned two or more credits/completed 2 courses in a single CTE program area (with minor variations) – 14 states; A student who completed 50% or more of a defined secondary program sequence – 12 states; and Other definitions, ranging from 1 to 4 credits or a mix of requirements – 7 states. Brustein & Manasevit, PLLC © 2017. All rights reserved.

Concerns continued… The proposed definition incorporates two very distinct student populations—those exploring various career opportunities (“explorers” in the research literature) and others who are invested in a single career pathway (“concentrators”)— and thus undermining the law’s ability to measure a common student population. Merging two separate student subpopulations into a single definition creates inconsistencies with prior research, limits the ability of the field to conduct longitudinal analyses of CTE student performance, reduces the ability of the field to speak a common language, and undermines the comparability of Perkins data and outcomes. Overall, very confusing to educators on the ground. Source: Association for Career and Technical Education and National Alliance for Partnerships in Equity. Brustein & Manasevit, PLLC © 2017. All rights reserved.

Secondary Core Indicators of Performance Graduation - % of CTE Concentrators Four-year cohort graduation rate (aligned to ESSA) AND At the state’s discretion, the extended-year adjusted cohort graduation rate Academic achievement - % of CTE Concentrators Attainment of state academic standards and measures by academic assessments (aligned to ESSA) Student Placement two quarters after exiting secondary education in either further postsecondary education or training, military service, or unsubsidized employment Technical skill attainment removed New - measure of CTE program quality The percentage of CTE concentrators in CTE programs that lead to nontraditional fields Brustein & Manasevit, PLLC © 2017. All rights reserved.

Postsecondary Indicators Student Placement, two quarters after program completion, in further education or training, advanced training, or unsubsidized employment. Median earnings two quarters after program completion. Attainment of recognized postsecondary credentials during a program or within one year of program completion. The percentage of CTE concentrators in CTE programs that lead to nontraditional fields. Note: 1P technical skill attainment and 3P1 student retention or transfer are both out. Brustein & Manasevit, PLLC © 2017. All rights reserved.

State Performance Targets No “negotiation” with feds Secretary approves first two years of targets as part of state plan approval or disapproval States submit targets for year three and beyond Brustein & Manasevit, PLLC © 2017. All rights reserved.

Maintenance of Effort Revise Sec. 311(b): State’s fiscal effort per student, or the aggregate expenditures of such State, with respect to CTE for the preceding fiscal year must not be less than the fiscal effort per student, or the aggregate expenditures of such State, for the second preceding fiscal year. Brustein & Manasevit, PLLC © 2017. All rights reserved.

MOE (cont.) States may: Continue to use the amount as was in effect on the day before the date of enactment of the bill; or Establish a new level of fiscal effort. The amount of the new level shall be the State’s fiscal effort for the first full fiscal year following the enactment of such Act Brustein & Manasevit, PLLC © 2017. All rights reserved.

MOE (cont.) If State fails to make MOE… ED will reduce the amount of a State’s allotment of funds for any fiscal year in the exact proportion by which the State falls below the State’s fiscal effort (using the measure most favorable to the State) IF The State failed to meet MOE for 1 or more of the 5 immediately preceding fiscal years. Brustein & Manasevit, PLLC © 2017. All rights reserved.

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Legal 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 © 2017. All rights reserved.