Every Student Succeeds Act (ESSA)

Implementation Road Map

On December 10, the President signs
ESSA into law. The U.S. Department of
Education (ED) is required to issue a final
regulation by December 10, 2016. The
overwhelming majority of provisions go
into effect from July 2016 through
September 2017, including formulas,
funding and accountability.

Dec. 2015

Initial Comments & Guidance Jan. 2016

ED convenes negotiated rulemaking
committee
on
assessment
and
supplement, not supplant. The
committee reaches consensus on
assessment regulations to be made
available for public comment in the
Summer. Consensus was not reached on
supplement, no supplant and the
Department drafts proposed regulations.

Spring 2016

NPRM Development
States begin planning by assembling key
education stakeholders. ESSA requires
state education agencies to consult with
state legislators, state boards of
education, teachers, principals, school
boards and school superintendents.
Representatives from early education,
workforce and the business community
may also be consulted. Governors may
lead this process.

Proposed Rules

Mar. 2016

ESSA Signed into Law

ED collects public comments at hearings
and written submission on provisions of
Title I that should be regulated. ED also
releases initial guidance letters on lowperforming schools, school interventions,
supplemental services and public school
choice. States are required to freeze or
refresh their low-performing school list.

Negotiated Rulemaking
To meet the statutory deadline for the
final regulation, USED develops a notice
of proposed rulemaking (NPRM) for state
and public comment. Before public
release, USED sends a draft NPRM to
Congress to review for at least 15 days.
ED holds listening sessions for education
stakeholders throughout the country.

Spring 2016 Stakeholder Engagement

May/June 2016

States continue reviewing language and

proposed rules as they are released. With
many possibilities for accountability,
teacher evaluation, school improvement
and educator professional development,
states undergo a needs assessment of
systems to determine any updates
necessary to meet ESSA requirements
and modernize education delivery
models.

June 2016

Throughout early Summer, the U.S.

Department of Education releases draft
rules for accountability, state plans,
assessments, supplement not supplant
and the innovative assessments pilot.
States have 60 days after each is released
to comment on the regulations and
recommend additions or changes. ED
indicates that they will only regulate on
the areas above in 2016.

State Needs Assessment

Author: Stephen Parker (202) 624-5369; sparker@nga.org

Every Student Succeeds Act

Implementation Road Map

Governor Consultation

Summer 2016

On July 1, all new funding provisions for

formula grant programs go into effect.
The change to the Title II formula, that is
scheduled to go into effect over a 7 year
period, also begins on this date. No Child
Left Behind (NCLB) requirements to use
20% of a low-performing schools funds
on private tutoring and school choice
also expire on this date.

A Governors Priority

Jul. 2016 Formula Funding Provisions

Summer 2016

ESSA states that plans and approved

waivers under No Child Left Behind are
null and void on August 1. States may
disregard any actions required under
NCLB that are no longer required under
ESSA - including federally-prescribed
teacher evaluation systems and federal
school improvement strategies.

Transition Year for States

After collecting input from states, nonregulatory guidance is issued by ED on
issues where additional context is
necessary to implement ESSA, but formal
regulatory
requirements
are
not
necessary. Guidance is issued throughout
the entire authorized period of a law and
is not limited to the implementation
period.

State Policy Development

ESSA requires that state education

agencies consult with governors and
collaboratively develop the state plan
with governors offices. State education
agencies should already be actively
coordinating with governors pursuant to
Section 8032 of ESSA. If agencies are not
adhering to this provision, governors
should ensure compliance.

Governors offices begin exploring how to

incorporate ESSA into their legislative and
regulatory agendas. Governors staff
discuss the menu of flexibilities available
to the state under ESSA and identify key
areas of focus for the governor. Offices
could create ESSA project leads or teams
to develop proposals for the governor to
advance. A timeline for developing and
enacting these proposals is critical.

Aug. 2016 NCLB Waivers & Plans Expire

SY 2016-17

ESSA allows for states to transition to

new accountability systems during the
school year beginning in Fall 2016. The
transition year allows states 1) time to
develop statewide accountability systems
under ESSA and 2) to test innovative
accountability elements without federal
consequences.

2016 & 2017 Non-Regulatory Guidance

Fall 2016

Governors offices conduct research and

vet ESSA-specific issues to include as a
part of the governors legislative and
regulatory agenda. Governors may
encourage education, workforce and
human services agencies to consider the
alignment under ESSA as they develop
their legislative and budget proposals for
2017 state legislative sessions.

Every Student Succeeds Act (ESSA)

Implementation Road Map
Any competitive grants rescinded by
ESSA expire September 30, unless
Congress continues appropriations for
those programs. Any grants continued,
updated or created by ESSA, begin on
October 1 (subject to appropriations).
Any changes to requirements for multiyear competitive grants will take effect
on October 1.

Oct. 2016 Competitive Grants Provision

Legislative Preparation

Nov. 2016

ED releases final regulations on

assessment, accountability, innovative
assessment pilots, state plans and
supplement not supplant. The product is
based on significant input received from
states and school districts. If states
believe the final regulation does not
reflect ESSAs intent, they will work with a
new President to re-write the regulation.

Governors make final decisions on

priorities related to education/ESSA they
will include as part of their 2017
legislative agenda. Governors offices
also identify education champions in the
state legislature to sponsor priorities.
Governors
meet
with
education
stakeholders and constituents to garner
support for priorities and build a
coalition of allies.

Nov. 2016

Final Regulation Released

State Plan Development

Winter 2016

The 2017 state legislative session is the

most critical period for state-level ESSA
implementation. During these sessions,
ESSAs increased flexibility leads to
consideration of significant education
reform. In-state and
out-of-state
advocacy groups could influence and
politicize these reforms. Governors may
broker compromises to complete
legislation necessary for implementation.

Early 2017

ESSA requires governors to sign off on

each state plan. Before the final
regulation release, states begin outlining
priorities to include in the plan based on
input collected from stakeholders and
school districts. State early childhood,
human services, higher education and
postsecondary agencies must also be
included in aspects of the development
process.

State Legislative Sessions

Many state policy changes to take
advantage of flexibility or meet new
requirements under ESSA may occur
through regulation. In most states, the
board of education will play a central role
in this process. To ensure buy-in from
education stakeholders, the process
should include meaningful consultation,
comment and transparency.

Regulatory Agenda

Jan. 2017

On January 20, a new President likely

leads to a change in leadership at ED.
Several additional ESSA regulations are
necessary in 2017 and the new
Administration could change previouslyreleased regulations or guidance. The
transition could also delay EDs technical
assistance to states for implementation.

Jan. 2017 New President and Secretary

Every Student Succeeds Act

Implementation Road Map

Spring 2017

Finalizing State Policy

After a substantive, collaborative state
plan development process between
governors and state education agencies,
governors must be granted 30 days to
review the final state plan. Governors
sign off on the state plan or direct the
state education agencies to alter the
plan. After 30 days, state education
agencies may submit the state plan
without governors signature.

States Submit Plans

Spring 2017

Summer 2017

Before approval of the state plan, states

roll out accountability and assessment
systems before approval of the state plan
in order to meet the statutory
requirement that they be in place by the
beginning of school year 2017-18. Clear
communication with districts and school
about new requirements and goals of the
new system is critical.

State Plans Approved

Pursuant to ESSA requirements, states
have accountability systems in place for
rating of schools. ESSA leads to new
accountability elements in every state.
Similar to NCLB implementation, issues
are expected to arise with this national
roll out of accountability. States will
inform parents, educators and local
communities
about
their
new
accountability system.

Ongoing Implementation

To complete state plans, accountability,

assessment and other major systems are
fully conceptualized and approved by the
state. Governors work with state
legislatures and state boards to finalize
legislation/regulations necessary for state
education agencies and school districts to
roll out new or updated systems.

Governors Finalize Plans

States submit plans during multiple
submission windows ED provides in May
and July. State plans must be made
publically available for review before
submission. ED must approve the plan
within 120 days after submission and will
engage in a dialogue with states to make
any necessary adjustments to secure
approval.

Fall 2017 States Roll Out New Systems

Fall 2017

SY 2017-18

TBD

Early in the 2017-18 school year, state

plans are approved. Any changes to state
systems in the approved plan are
communicated districts. ESSA grants
states flexibility to easily amend plans
throughout the authorization of the law.
If ED rejects a state plan, the state would
revise and re-submit the plan within 45
days after notice of rejection.

Accountability in Effect
Guidance from ED and ongoing
adjustments to state systems continue
throughout the duration of the law.
Ongoing common technical issues among
states may lead to waivers for certain
aspects of the law. States annually
identify schools and place low-performing
schools in improvement status. The
states educational progress under ESSA
will ultimately inform reauthorization.