EducationCounsel: Summary Analysis of ED’s Proposed ESSA Regulations for Consolidated Plans, Accountability, School Improvement, and Data Reporting & ED’s Proposed ESSA Regulations Assessments and Innovative Assessment Pilots

Published August 2016
by Jennifer Castagna, Kathryn Young, Dan Gordon, Bethany Little and Scott Palmer

On May 31, 2016, the U.S. Department of Education (ED) released its first round of draft regulations regarding implementation of the Every Student Succeeds Act (ESSA) through a Notice of Proposed Rulemaking on accountability, state plans and data deporting.  Comments on those draft regulations were due August 1, 2016.  Subsequently, on July 11, 2016, ED released draft regulations for state assessments under Title I, including Title I, part A (statewide assessments) and Title I, part B (Innovative Assessment and Accountability Demonstration Authority) of ESSA.  The Title I, part A proposed regulations for statewide assessments come directly from the language approved during negotiated rulemaking on this topic in the spring of 2016.  Public comments on all of the proposed assessment regulations must be submitted by September 9, 2016.  Final regulations for each of these areas (which will have the force of law) are expected in the fall of 2016.  Additional draft regulations including on "supplement not supplant" requirements are expected to be released this summer.  This is a revised summary analysis for all of ED's proposed ESSA regulations to date.