Elementary & Secondary Education Act (ESEA)/Ed Reform
Administrative Advocacy
- Additional Comments by CLE to Proposed ESSA Regulations 34 CFR parts 200 and 299, (8/1/2016, PDF)
- CLE Provides Comments on ED’s AA-MAS (March 2014, PDF) Comments in response to ED’s NPRM (08/23/13) to amend the regulations under Title I of the ESEA to eliminate authorization for states to develop alternate assessments based on state defined modified achievement standards (AA-MAS) to be administered to certain students with disabilities.
- CLE comments to USED and VA ED’s re: VA ED’s proposed AMOs (September 2012, PDF)
- Testimony (Boundy) RE: proposed Title I/NCLB Regulations, USED Public Hearing, Boston (5/14/08, PDF) Testimony on Proposed Regulations to No Child Left Behind RE: Failure to Require Use of Multiple Measures in Assessment and the Graduation Rate recommending the use of a cumulative graduation rate formula to include students who graduate in more than four years after being retained or dropping out.
- CLE Comments to USED in response to NPRM RE: Title I addressing need need for Multiple Measures to ensure test validity and fairness (April 23rd, 2008, PDF) In its comments to USED for proposed Title I regulations, CLE contends use of multiple measures for assessment is required by Title I and is necessary to ensure that inferences drawn from valid data regarding the assessed levels of proficiency of groups and individual students are valid and reliable, and, among other issues, CLE urges that subgroup size be determined in a way which ensures the inclusion of all student subgroups in accountability determinations.
- CLE Comments to USED in response to NPRM RE: Family Educational Rights Privacy Act (FERPA) (March 24th, 2008, PDF) CLE’s comments on the importance of confidentiality requirements of IDEA within FERPA, concerns about eroding rights and protections of students, when prior consent is not required for disclosure of personally identifiable information, including to third party contractors and school volunteers.
- CLE Testimony (Boundy) RE: Family Involvement under Title I/NCLB, Hearings convened by Public Education Network, Boston (January 11th, 2006, PDF) Underscores areas of concern that students, including those with disabilities and English language learners, are not being taught to high level standards; are not being assessed using multiple measures; and parent communities are not adequately involved in school improvement efforts as required by NCLB.
- CLE’s responses to USED’s NPRM re/Modified assessments and students with disabilities, Title I/NCLB (December 15th, 2005, PDF) CLE sets forth the bases for challenging USED’s proposed regulations authorizing assessment of students with disabilities based on modified achievement standards as drawing invalid inferences and discriminatory.
- Letter (Boundy) to Hon. Margaret Spellings, Secy. U.S. Dept. of ED, re/modified assessments of students with disabilities (March 22nd, 2005, PDF) Letter from CLE joined by the National Council on Independent Living, Advocacy Institute, National Down Syndrome Congress, National Down Syndrome Society, and TASH in opposition to USED’s allowance of up to 2% of all students assessed based on modified achievement standards being counted as proficient scores from alternative assessments based on alternatives achievement standards.
- CLE comments in response to USED’s NPRM RE: Assessments under Title I/NCLB (May 19th, 2003, PDF) CLE’s responses to Questions regarding Proposed Regulations for Title I, including Whether existing research supports setting the cap at 1% for students with the most significant cognitive abilities whose achievement can be measured against alternative standards? What implementation issues would arise from the definition of “studnets with the most significant cognitive abilities” at the school, local and state levels? Any issues with compliance with requirements seeking to reduce the regulatory burden of the program? How the Department of Education should continue to monitor and review the regulations once finalized?
- CLE comments in response to USED NPRM RE: Title I/NCLB (August 6th, 2002, PDF) Comprehensive comments on proposed regulations under Title I of ESEA, as amended by No Child Left Behind Act (XX pp).
- CLE comments in response to USED in response to NPRM RE: Standards and Assessments of Students with Disabilities, Title I/NCLB (May 5th, 2002, PDF) Comments submitted by CLE joined by the Citizens’ Commission on Civil Rights and the National Council of La Raza on proposed Title I regulations on standards and assessments of students with disabilities, including concerns about use of norm-referenced testing and test validity with respect to state and local assessments, and lack of inclusion of parents in drafting the proposals, and other issues.
- Testimony by CLE (Stoneman) before the U.S. House of Representatives, Appropriations Committee, Testimony on Parent Centers (April 5th, 2000 PDF) Urging Reauthorization and Increased Funding for Parental Information and Local Family Resource Centers under Title I of the ESEA.
Legislative Advocacy
- CLE Comments on U.S. DOE’s Supplement not Supplant Draft Guidance (January 25, 2019) Extensive comments exploring positive proposed changes, major omissions, and in one case a major provision for which the guidance needs to be entirely rethought and rewritten in order to comply with, rather than undermine, important requirements, principles, and purposes of ESEA.
- CLE and Advocacy Institute’s Comments to Chair Alexander, HELP Comm., on Every Child Ready for College or Career Act of 2015 (ECRCCA) (February 2, 2015)
- CLE’s Comments to Joint Conference Committee on the Student Success Act (H.R. 5), (2/21/2015, PDF)
- Testimony (Boundy) before Hon. Robert (Bobby) Scott, Chair, Summit on Closing the Achievement Gap, U.S. House of Rep. (December 14th, 2009 PDF) In response to question: Can the legal theory behind requiring special education students to be educated to high standards be used by analogy to apply to a clear and acknowledged pattern of under-educating low-income and minority children so that all children are provided a quality education?
- CLE Comments (partial) in response to US House of Rep., Committee on Education and Labor, Staff Discussion Draft Bill, RE: Use of Modified Achievement Standards for Students with Disabilities (September 5th, 2009, PDF) In partial comments on the US House of Rep., Committee on Education and Labor Staff Discussion Draft Bill regarding Use of Modified Achievement Standards for Students with Disabilities, CLE contends establishing modified academic achievement standards for an additional 2-3% of students is not supported by reliable data and that such provisions could set conditions for abuses of NCLB’s core presumptions.
- CLE Extensive Comments (Part I, Part II) in response to US House of Rep., Committee on Education and Labor Staff Discussion Draft Bill on Reauthorization of Title I of the ESEA, Sept. 5, 2007 (September 5th, 2007 PDF) CLE’s comments to the US House of Rep., Committee on Education and Labor regarding the Staff Discussion Draft Bill on Reauthorization of Title I of the ESEA, Sept. 5, 2007. Comments are divided into two parts: (1) comments organized around the Committee’s “Summary of Discussion Draft” which highlight some of CLE’s major comments on the topics identified in the summary; and (2) comments organized around some of CLE’s major comments about other provisions (mostly in current law and not necessarily addressed by changes made by the discussion draft).
- “Principles and Legislative Recommendations regarding Reauthorization of Title I of the ESEA/NCLB,” submission of CLE to U.S. Senate, Committee on Health, Education, Labor and Pensions (Spring 2007, PDF) Detailed analysis proposing a reconceptualization of the accountability framework under current law by combining a tighter definition of AYP with less punitive approaches to closing the achievement gaps, by broadening the curriculum and supporting authentic instruction provided by qualified teachers, by reducing focus on testing through use of multiple measures and formative assessment and proposing more equitable distribution of funds and teacher quality.
- Testimony by CLE (Stoneman) before the U.S. House of Representatives, Appropriations Committee, Testimony on Parent Centers (April 5th, 2000, PDF) Urging Reauthorization and Increased Funding for Parental Information and Local Family Resource Centers under Title I of the ESEA.
- Four Important, Overarching Requirements of the General Education Provisions Act (GEPA): This document was originally drafted as part of a longer CLE analysis of the original CARES Act and makes reference to it. However, these requirements apply equally to the education funding in the second round of CARES Act funding and the American Rescue Plan Act (ARP). It also applies to most other federal programs funded by the U.S. Department of Education.
