Education – DeVos Issues Letter on ESSA implementation

On February 10, Education Secretary Betsy DeVos issued a letter to chief state school officers intended to provide clarity on implementation of the Every Student Succeeds Act (ESSA). This letter follows the announced delayby the Department of Education of the effective date of regulations concerning accountability and State plans until March 21, 2017, as the Administration reviews recently issued regulations. The Congressional Review Act allows Congress 60 legislative days to disapprove of certain regulations recently issued by federal agencies. On Feb 7, the House passed H.J. Res. 57to overturn the regulation on accountability and state plans that went into effect on Jan 30, 2017. The Senate vote on the measure has not yet been announced.

The February 10 letter emphasizes that states should continue to move forward and that the Department will work to ensure that states’ education leaders have the state and local flexibility that Congress intended. States should continue to follow the timeline for developing and submitting their plans for review and approval, building on the work they have already completed. The Department will still accept consolidated State plans on April 3 or September 18, 2017. Further guidance will be issued on the state plan requirements by March 13, 2017. The Arc supports strong accountability regulations in order to provide transparency in the performance of all students, including those with disabilities.

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