Every Student Succeeds Act Final Accountability Regulations
On November 29, 2016 the U.S. Department of Education published the final regulations on the accountability provisions in the Every Student Succeeds Act (ESSA). 81 Fed.Reg. 86076. The regulations go into effect on January 30, 2017.
NDRN commented on the ESSA accountability NPRM. Below are major highlights from the final regulations as they correspond to NDRN’s comments.
- Stakeholder Engagement:
- The final regulation expanded the groups that must consulted for state plans. The groups that must be consulted include community based organizations, civil rights organizations, institutes of higher education, employers, representatives of private schools, early childhood educators and leaders and the public. (p.86244)
- 95% Participation Rate:
- The regulations state that if a school misses the 95% participation rate requirement, the state must, as a result, lower its summative determination, give it the lowest rating on the academic achievement indicator, identify it as a targeted support and improvement school, or take another equally rigorous, action.
- Schools missing the 95% participation rate requirement must submit an improvement plan to the LEA.
- LEAS with a significant number of schools missing the 95% participation rate requirement, must submit an improvement plan to be approved and monitored by the state. (p. 86224)
- Ban on “Super-subgroups”:
- The final regulations require that states consider each student subgroup. A combined sub group of students (super-subgroups) CANNOT replace individual subgroups.
- (p. 86225)
- Summative Rating:
- The final regulations require that each state’s accountability system differentiates schools through a summative determinations from at least three distinct categories.
(p. 86237)
- Indicator Weight:
- The final regulations make clear that the following indicators be given “substantial weight”
Academic Achievement indicator
Academic progress Indicator
Graduation Rate Indicator
Progress in achieving English Language proficiency
- The final regulations make clear that “much greater weight” in the aggregate be given to indicators 1-4 (above) than to the school quality or student success indicator. (p. 8627)
- Restraint and Seclusion:
- The final regulations do not explicitly address seclusion and restraint. (N/A)
- N Size:
- The final regulation do not specify what a state’s N size must be. However, the regulations do require that any state that proposes an n size of greater than 30, must justify the n size in its state plan (which the Secretary approves). (p. 82226)
- Definition of a regular high school diploma:
- A regular high school diploma means the standard high school diploma awarded to the preponderance of students in as state that is fully aligned with state standards or a higher diploma.
- A regular high school diploma DOES NOT MEAN a diploma aligned with alternate standards or a general equivalency diploma, a certificate of completion, or a diploma based on IEP goals. (p. 86240)
- Methodology to identify Consistently Underperforming Subgroups:
- The final regulations provide flexibility for states to define consistently underperforming subgroups. The identified subgroups must have consistently underperformed, based on the state’s indicators, over a number of years. (p. 86228)
- Resources for Continued Improvement:
- Comprehensive Support and Improvement Schools must be prioritized for Title I funds reserved for school improvement at that state level.
- A minimum of $500,000 per year for each school identified for comprehensive support and improvement and a minimum of $50,000 per year for each school identified as targeted support and improvement. (p.86235 )
- Counting Students with Disabilities Who Have Exited from Special Education in the Disability Subgroup:
- With respect to a student who was previously identified as a student with a disability and who has exited special education, as determined by the student’s IEP team, the state may include the student’s performance within the students with disabilities subgroup for not more than two years. (p. 86225)