\ AN UPDATE ON KEY FEDERAL POLICY ISSUES FOR SCHOOL LEADERS Sasha Pudelski Assistant Director of Policy & Advocacy, AASA Virginia Association of School Superintendents October 19, 2015

Is Congress Sort of Working These Days? The answer is yes! How? – ESEA Reauthorization: We are closer than ever before – FERPA and School Nutrition: Moving forward on bipartisan reauthorizations – Budget resolution passed for the first time in 6 years – More bipartisan legislation introduced in Senate this Congress than in past 4 Congresses

ESEA Reauthorization In July, both the Senate and House passed their versions of ESEA Both bills are significant improvement over current law House (simple majority, party line) passed Senate (needed 60, bipartisan) Conference has begun!

The “Meat & Potatoes” of ESEA Standards Assessments /Alternate Assessment Accountability & Low Performing Schools

Policy Stumbling Blocks to Obama Signature PORTABILITY/school choice Maintenance of effort Funding Caps More accountability – ID bottom 5% – identify high schools with lower than 67% graduation rates – Prescriptive subgroup targets and intervention if targets aren’t met

Political Stumbling Blocks to Obama Signature Time: How quickly can the bill reach his desk before Prez politics get in the way? Hastert Rule: Speaker cannot allow a floor vote on a bill unless a majority of the GOP supports the bill. The Obama Administration’s Ego: Will they endorse a bill that undermines Admin’s authority and acknowledges (indirectly) that SIG, RTTT, are considered failed policies?

FY16 Appropriations House and Senate budget both passed budget resolutions House and Senate both released appropriations bills specifying funding for ED – At the program specific level, House LHHS bill cuts funding for USED by $2.8 billion—more than sequester! This means most programs are at 2004 levels! Unless rescinded, sequestration cuts return in FY16 Will there be a shutdown in December? Maybe!

Sequestration Unless rescinded, sequestration cuts return in FY16 FY15 reality is such that most programs are still not to pre-sequester levels With the spending caps essentially flat, 2016 will be the sixth year of austerity in non-defense appropriations Continued push to isolate cuts to non-defense discretionary Important to keep the pressure on Congress to protect education funding, preferably through avoiding sequester, if not at least ensuring cuts are to ALL of the budget

IDEA: Full Funding & Maintenance of Effort AASA’s #1 legislative priority is full funding of IDEA IDEA’s MoE requirements are untenable, inequitable, and need to be modified AASA’s Solution? The BOLD Flexibility in IDEA Act (HR 2965) – Districts can reduce MoE if they can demonstrate that: they are increasing the efficiency of their special education programs and there is no impact on the provision of special education services to students the reduction in expenditures is related to employment-related benefits provided to special education personnel (such as pay, retirement contributions, health insurance, etc) as long as the reduction does not result in a reduction in special education services to students. – Districts can apply to the State for a waiver to reduce MoE if they are facing a serious financial crisis. Grants waivers to districts only if they provide evidence they are providing a free appropriate public education to all eligible students.

Child Nutrition Reauth Priorities – 10 cent per meal increase in reimbursement – Reduce whole grain requirements from 100% to 50% – Keep sodium requirements at Target 1 – cancel increase to Target 2 and 3 – Allow any part of the reimbursable meal to be served a la carte – Change fruit and vegetable from “must take” to “may take”

Student Data & Privacy FERPA, COPPA, PPRA Provide coherent and easy-to-understand guidance for parents and educators regarding FERPA, COPPA and PPRA and their protections of the privacy and security of student data. Update definitions to address the realities of the digital age, making it possible to protect data while ensuring appropriate use of student data for legitimate educational needs and reforms

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Stay in Touch with AASA’s Policy & Advocacy Team Noelle Sasha Leslie