Legislators have a say in ESSA.

Posey, Lee

Legislators won a seat at the table in the recently reauthorized federal K-12 education law. The Every Student Succeeds Act requires that, before submitting their Title I plans to the U.S. Department of Education, state departments of education consult with a variety of stakeholders, including legislators.

Ensuring that state lawmakers, with their statutory and constitutional responsibility for education and their budget-writing authority, take part in crafting plans for federal education programs may not seem like a stretch. In some states, they already are involved. This new provision, however, ensures that such consultation occurs in every state. It does not define what legislators' involvement should look like; rather, it simply states that it must be "timely" and "meaningful."

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The complex law allows states to choose their own educational accountability system, to determine how to assess schools and students, and to decide how to intervene when schools aren't measuring up. Legislators' input will be particularly important when deciding on changes to these policies. Discussions about this process and how to get the most out of J the opportunity are taking place in several states.

In Washington, for example, the superintendent of public instruction convened an ESSA Consolidated Plan Team that includes three legislators, educators, staff from the office of the governor and representatives of disadvantaged students, minorities and students with disabilities. The group split into four working groups to tackle assessments, English learners, instruction and early childhood needs.

At each step, decisions will be made by consensus. The role of the teams' legislators, says Representative Sharon Tomiko Santos (D), chair of the Washington House Education Committee and a team member, is "to discuss and make decisions affecting state policy that require legislative change," while ensuring accountability in education and the wise use of resources. She believes legislators' involvement in the discussion already has created an environment in which the superintendent of public instruction has agreed to allow the Legislature to review the state's final plan at the same time the governor does. Washington Representative Chad Magendanz (R) and Senator John McCoy (D) also are involved in the working groups.

Montana has two large ESSA working groups--one on the accountability plan, the other on grant management. Representative Debra Lamm (R), vice chair of the House Education Committee, and Senator Eric Moore (R), a Senate Education Committee member, were appointed to the project. "Because the Legislature is responsible for reviewing programs and funding a budget," Lamm says, it is vital that lawmakers are involved "sooner rather than later." They will need to review the working groups' plans before finding the funds needed to change the state's education programs.

Indiana, Maine and North Carolina and others also have started some aspect of the process, from revitalizing established mechanisms used for gathering public opinions on education issues to seeking input from citizens at public hearings.

Education has changed since 1965, when the Elementary and Secondary Education Act was signed into law by President Lyndon Johnson. The focus then was on administering K-12 education through a single department in each state. Today, early childhood, career and technical education, as well as post-secondary programs, also need to be considered. The consultation process--which also includes governors, state boards of education, local education agencies, Indian tribes, teachers, principals and parents--ensures that all state policy- makers are part of the discussion, helping the various parts of the system work together to better serve students.