Every Student Succeeds Act (ESSA)

A great name—but is it tone deaf?

That is, did its reassuring name lull the nation into complacency?

What did the Act establish specifically to reverse the persistent nationwide weakness in K–12 student performance? No singular national strategy for K–12 student performance. Instead, it invoked familiar terminology and policy tools, including “accountability systems,” “academic standards,” “assessments,” and “state-directed improvement plans.” [Quotation marks added by HSe4Metrics for emphasis.]

In sum, beyond those familiar terms and policy tools, the Act did not directly confront persistently weak nationwide K–12 student performance as a distinct national problem—much less establish its transformation as a preeminent national objective.

How many irreplaceable years of potential development have tens of millions of K–12 students lost during the years that followed? And what have been the post-K–12 consequences for their employability, trainability, earnings, and opportunities?

Quick overview

Still shell-shocked from years of what this explainer site considers the calamitous federal overreach of the No Child Left Behind Act (NCLB), many welcomed ESSA as a reprieve.

Writing in Education Week in March 2016, Alyson Klein optimistically described ESSA’s introduction:

“ESSA was signed into law on December 10, 2015. Replacing NCLB, it rolls back much of the federal government’s big footprint in education policy, on everything from testing and teacher quality to low-performing schools. And it gives new leeway to states in calling the shots.”

However, although ESSA retained requirements concerning standards, assessments, accountability, and low-performing schools, it did not produce the nationwide transformation in K–12 student performance that was urgently needed. Following NCLB’s disruption and overreach, the result has been a combined period of more than two decades—and counting—in which roughly half or more of assessed U.S. students have continued to fall short of NAEP Proficient in core subjects such as reading and mathematics, while the states have continued trying their best.

ESSA’s aims, as published by the U.S. Department of Education:

Increasing transparency: States are required to provide information to parents and the public about student performance, school funding, and school rankings.
Setting high academic standards: All students are expected to be taught to high academic standards to prepare them for college and careers.
Supporting local innovation: Local educators and leaders are encouraged to develop evidence-based interventions.
Expanding access to preschool: ESSA supports programs that increase access to high-quality preschool.
Holding schools accountable: Schools that are underperforming are expected to take action to improve.
Providing flexibility for funding: States can use funds for career and technical education, transportation to higher performing schools, and other purposes.
Defining a well-rounded education: The definition of a well-rounded education includes the arts and music, and Title I funds can be used for arts education.

Deeper dive

ESSA’s principal power over the states comes through conditional federal funding. A state is not directly required to participate, but if it accepts ESSA funds—particularly Title I funds—it must comply with federal requirements.

ESSA can require participating states to:

Submit a state education plan for federal approval.
Adopt statewide academic standards of their own choosing.
Test students annually in reading and mathematics in grades 3–8 and once in high school, plus science testing at specified grade spans.
Establish statewide accountability systems and long-term performance goals.
identify and support low-performing schools.
Report results publicly, including results for designated student subgroups.
Participate in state-level NAEP reading and mathematics assessments in grades 4 and 8 when the federal government pays the cost.

Under ESSA, the federal government generally cannot dictate a state’s:

Curriculum or instructional content.
Particular academic standards.
Specific assessments or assessment questions.
Numerical performance goals.
School-rating methodology.
Teacher-evaluation system.
Particular school-improvement strategy.

The Department may determine whether a state plan satisfies federal law, but it generally cannot tell the state exactly how to run its schools or improve student performance. 20 U.S.C. § 6311, U.S. Department of Education—limits on federal control.

The U.S. Secretary of Education, currently Linda McMahon, has authority under Section 8401 of the ESEA to approve waivers of certain ESSA statutory or regulatory requirements when requested by a state or another eligible entity. This is not a general power to unilaterally modify a state’s ESSA plan. A state seeking to make a significant change to its plan generally submits an amendment for federal review and approval. The current Assistant Secretary for Elementary and Secondary Education is Kirsten Baesler.

Major ESSA Provisions

Title I: Funding for disadvantaged and low-achieving students; state academic standards, assessments, accountability, and school improvement.
Title II: Teachers, principals, professional development, and effective instruction.
Title III: Education of English learners and immigrant students.
Title IV: Well-rounded education, safe and healthy schools, technology, charter schools, and related programs.
Title V: Rural education and funding flexibility.
Title VI: Education for American Indian, Native Hawaiian, and Alaska Native students.
Title VII: Impact Aid for school districts affected by federal property or activities.
Title VIII: General definitions and administrative provisions.
Title IX: Education for homeless children and other amendments.

Title I most directly addresses nationwide student performance, particularly through its requirements concerning state standards, annual assessments, accountability systems, and support for low-performing schools. Although Kirsten Baesler leads the Office of Elementary and Secondary Education, responsibility for ESSA is distributed among multiple Department offices, states, and local school districts.

Two congressional efforts, two presidents

Both acts—the No Child Left Behind Act (NCLB) and the Every Student Succeeds Act (ESSA)—were passed by Congress and presented to the sitting presidents for signature. President George W. Bush signed NCLB into law in 2002, and President Barack Obama signed ESSA into law in 2015.

Other Department assistant secretaries

Other U.S. Department of Education assistant secretaries include Murray Bessette—Planning, Evaluation and Policy Development; Kimberly Richey—Civil Rights and, according to the Department’s leadership directory, Special Education and Rehabilitative Services; Dr. David Barker—Postsecondary Education; Casey Sacks—Career, Technical and Adult Education; Mary Christina Riley—Legislation and Congressional Affairs; and Jacqueline Clay—Finance and Operations. Some exercise their authority on a delegated basis rather than through Senate confirmation.