ELEMENTARY AND SECONDARY EDUCATION ACT

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1 ELEMENTARY AND SECONDARY EDUCATION ACT The Elementary and Secondary Education Act (ESEA), frequently called No Child Left Behind Act (NCLB), holds states, school districts and schools accountable for the academic performance of all students regardless of economic status, race, ethnicity, proficiency in English, or disability. This law technically expired in 2007; however, the provisions of the law remain in effect as long as Congress continues to appropriate funds to implement it. The New York State School Boards Association (NYSSBA) urges Congress to reauthorize ESEA in a manner that improves the quality and delivery of education while ensuring districts have maximum flexibility to address their unique circumstances. Funding NYSSBA supports the full funding of all requirements under ESEA. States and schools districts should not be required to spend state and local funds to implement federal mandates. This funding should be made available before any new funding streams or competitive grants are financed. The current Title I formulas should remain unchanged even if the Title I appropriation is increased in the future. Standards & Accountability NYSSBA supports the adoption of statewide rigorous academic standards that are designed to provide students with the necessary skills and knowledge to be college and career ready, and we support the provision of additional funding dedicated to the implementation of college and career ready standards. However, NYSSBA opposes federal imposition on states of a required single set of national standards or curriculum. NYSSBA believes that states should be provided with the flexibility to consider more than proficiency on state tests to measure student achievement. This includes use of students academic growth or progress toward meeting standards and other measures. NYSSBA also supports the provision of additional flexibilities when addressing the inclusion of students with disabilities and English language learners. States should be authorized to test students with severe cognitive disabilities at their instructional level rather than chronological age. In addition, states should have greater flexibility to exempt newly arrived English language learners from participating in the 3-8 ELA assessments. Teachers Students need highly qualified teachers who meet high professional standards, especially given the implementation of more rigorous standards. However, rather than focusing only on their qualifications when they enter the profession, NYSSBA supports other measures of educator effectiveness in the classroom within the definition of highly qualified.

2 Reporting NYSSBA supports the reduction of ESEA reporting requirements. Administrative mandates impose costs on districts which divert focus from the core academic programs. Charter Schools and Vouchers NYSSBA opposes financial support, incentives or requirements in ESEA to open or expand charter schools. NYSSBA believes that federal funding should be provided to support existing mandated programs before any federal funds are diverted for other purposes. Moreover, NYSSBA opposes any proposals to subsidize (directly or indirectly) tuition or expenses at nonpublic elementary and secondary schools with public dollars. For additional information, please contact NYSSBA Governmental Relations at

3 FEDERAL FUNDING FOR PUBLIC EDUCATION Elementary and Secondary Education Act The New York State School Board Association (NYSSBA) urges Congress to fully fund all required programs and services associated with the Elementary and Secondary Education Act (ESEA), including Title I. Title I directs funding to local educational agencies with high numbers of students from low-income families. According to the National School Boards Association (NSBA), Title I and related programs have been underfunded by tens of billions of dollars since ESEA s reauthorization in 2002 (No Child Left Behind). 1 Individuals with Disabilities Education Act NYSSBA believes that all federally mandated programs should be federally funded. When the Individuals with Disabilities Education Act (IDEA) was enacted in 1975, the federal government committed to funding 40 percent of the average cost per pupil. Currently, NSBA estimates that federal funding fails to fulfill that promise, covering approximately 16 percent of the average cost per pupil nationally and less in high cost states, such as New York. NYSSBA urges Congress to dramatically increase IDEA funding. Sequestration NYSSBA urges Congress to permanently end sequestration of education funding. NYSSBA estimates that New York s schools lost an estimated $102 million in federal funding during the school year due to sequestration. While the Bipartisan Budget Act in December 2013 provided a reprieve from sequestration for FY 2014 and FY 2015, public education must be permanently safeguarded from such funding cuts. NYSSBA encourages Congress to act before the start of the next fiscal year, which begins October 1. School Safety NYSSBA urges Congress to increase and sustain funding to support school districts implementation of new and enhanced measures to improve school safety. Additional resources would enable more districts to invest in proven methods of improving school safety such as: Employing or collaborating with local police to have a School Resource Officer (SRO) assigned to schools. Having school psychologists or social workers on staff who are trained to identify and avert potentially violent behaviors. 1 Issue Brief: Federal Funding for Education. National School Boards Association. Oct 2,

4 Purchasing equipment proven to improve safety such as monitors, hardened doors and bulletproof glass. E-Rate NYSSBA requests the support of the New York Congressional delegation to further evaluate two recent changes made by the Federal Communications Commission (FCC) to E-Rate, a program which assists schools and libraries obtain telecommunications and Internet access: A formula change to the distribution of E-rate resources for internal connections and basic maintenance, based on a per pupil allocation rather than a needs-based methodology. A phase-out of eligibility for older technologies eligible to receive E-rate funding. For example, districts will no longer be able to use E-rate funding for telephonic services or . Funds previously used for these services can be redirected to support additional broadband access. Before any final decision is made, the FCC must evaluate their impact on schools For additional information, please contact NYSSBA Governmental Relations at

5 UNACCOMPANIED MINORS Many school districts throughout New York State have experienced dramatic increases in registration, driven by the arrival of high numbers of unaccompanied minors presenting for enrollment in their schools. The New York State School Boards Association (NYSSBA) calls on Congress to recognize this continued need and provide further resources to school districts to ensure that the needs of these newly arrived students can be met. Further, NYSSBA calls for measures to ensure that newly arrived students, who may struggle with performance during their period of adjustment, are treated fairly during their transition. The Office of Refugee Resettlement (ORR), a division of the U.S. Department of Health and Human Services, reports that 5,955 youths were placed with sponsors in New York State in federal Fiscal Year 2014 (October 1, 2013 through September 30, 2014) and an additional 1,485 in Fiscal Year 2015(since October 1, 2014 to May 2015). The chart below provides a breakdown of counties that admitted 50 or more students. This data only accounts for those students that have been placed with a sponsor. Youths who are living with family or friends may not be accounted for. Counties in New York State which received 50 or more unaccompanied minors in Fiscal Year 2014 and 2015 County FY 2014 FY 2015 Total Bronx Kings Nassau ,717 New York Orange Putnam Queens ,219 Rockland Suffolk ,956 Westchester Total ,222 *Data is from the Office of Refugee Resettlement To appropriately serve these students, districts must invest additional resources to meet their extraordinary needs. Not only are most of these students English language learners, many have experienced interruptions in their formal education and have extreme non-educational support needs. Many of the districts now enrolling these students have limited space, few programs left to

6 cut and inadequate experience in providing the supports needed. Complicating the situation is the fact that school districts were not able to anticipate the significant increase in enrollment and budget for additional students. As a result, these districts require ongoing aid to meet the continued academic and non-educational supports needed by the new students. Schools will also need time to work with these students to provide necessary academic, language and other supports. Steps must be taken to ensure students are given time to succeed; and that schools and districts are not penalized under federal accountability programs. Our schools are making every effort to educate and meet the substantial needs of these students. The federal government must partner with schools in this effort. For additional information, please contact NYSSBA Governmental Relations at

7 SCHOOL NUTRITION AND THE HEALTHY, HUNGER-FREE KIDS ACT The New York State School Boards Association (NYSSBA) supports efforts to ensure that every child has the ability to receive nutritious meals at school. However, recent changes to federal policy have made it difficult for districts to provide these meals within existing fiscal limitations. Many districts have experienced a steady decrease in average daily participation in their school lunch and breakfast programs, as well as a la carte sales due to new federal mandates. A decline in sales is making it more difficult for normally self-sufficient school meal programs to break even. New York State School Boards Association (NYSSBA) urges Congress to provide districts with the following flexibility from federal school nutrition standards: Eliminate the requirement that students must take a fruit or vegetable as part of a reimbursable breakfast and/or lunch in order to reduce waste and program costs. Establish a waiver process for districts that are unable to comply with national nutrition standards under the Healthy, Hunger-Free Kids Act (HHFKA) without incurring a net loss in the school food operation. Extend directly to districts 2-year waivers to exempt them from complying with a new requirement that 100 percent of grains offered through school lunch and breakfast programs be whole-grain rich as long as the previous 50 percent requirement is met. Fully fund all requirements under the HHFKA. For additional information, please contact NYSSBA Governmental Relations at