[House Hearing, 114 Congress] [From the U.S. Government Publishing Office] NEXT STEPS IN K 12 EDUCATION: EXAMINING RECENT EFFORTS TO IMPLEMENT THE EVERY STUDENT SUCCEEDS ACT ======================================================================= 6HEARING before the COMMITTEE ON EDUCATION AND THE WORKFORCE U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED FOURTEENTH CONGRESS SECOND SESSION __________ HEARING HELD IN WASHINGTON, DC, JUNE 23, 2016 __________ Serial No. 114-52 __________ Printed for the use of the Committee on Education and the Workforce [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Available via the World Wide Web: www.gpo.gov/fdsys/browse/ committee.action?chamber=house&committee=education or Committee address: http://edworkforce.house.gov ______ U.S. GOVERNMENT PUBLISHING OFFICE 20-458 PDF WASHINGTON : 2017 ----------------------------------------------------------------------- For sale by the Superintendent of Documents, U.S. Government Publishing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (202) 512-1800 Fax: (202) 512-2104 Mail: Stop IDCC, Washington, DC 20402-0001 COMMITTEE ON EDUCATION AND THE WORKFORCE JOHN KLINE, Minnesota, Chairman Joe Wilson, South Carolina Robert C. ``Bobby'' Scott, Virginia Foxx, North Carolina Virginia Duncan Hunter, California Ranking Member David P. Roe, Tennessee Ruben Hinojosa, Texas Glenn Thompson, Pennsylvania Susan A. Davis, California Tim Walberg, Michigan Raul M. Grijalva, Arizona Matt Salmon, Arizona Joe Courtney, Connecticut Brett Guthrie, Kentucky Marcia L. Fudge, Ohio Todd Rokita, Indiana Jared Polis, Colorado Lou Barletta, Pennsylvania Gregorio Kilili Camacho Sablan, Joseph J. Heck, Nevada Northern Mariana Islands Luke Messer, Indiana Frederica S. Wilson, Florida Bradley Byrne, Alabama Suzanne Bonamici, Oregon David Brat, Virginia Mark Pocan, Wisconsin Buddy Carter, Georgia Mark Takano, California Michael D. Bishop, Michigan Hakeem S. Jeffries, New York Glenn Grothman, Wisconsin Katherine M. Clark, Massachusetts Steve Russell, Oklahoma Alma S. Adams, North Carolina Carlos Curbelo, Florida Mark DeSaulnier, California Elise Stefanik, New York Rick Allen, Georgia Juliane Sullivan, Staff Director Denise Forte, Minority Staff Director C O N T E N T S ---------- Page Hearing held on June 23, 2016.................................... 1 Statement of Members: Kline, Hon. John, Chairman, Committee on Education and the Workforce.................................................. 1 Prepared statement of.................................... 3 Scott, Hon. Robert C. ``Bobby'', Ranking Member, Committee on Education and the Workforce................................ 4 Prepared statement of.................................... 6 Statement of Witnesses: Hall, Ms. Daria, Interim Vice President, Government Affairs and Communications, The Education Trust, Washington, D.C... 64 Prepared statement of.................................... 66 Harrelson, Ms. Cassie, Math Teacher, Aurora Public Schools, Aurora, CO................................................. 59 Prepared statement of.................................... 61 King, Hon. John B., Secretary, U.S. Department of Education, Washington, D.C............................................ 8 Prepared statement of.................................... 11 Pruitt, Dr. Stephen L.,Ph.D., Commissioner of Education, Kentucky Department of Education........................... 46 Prepared statement of.................................... 49 Schuler, Dr. David R., Superintendent, Township High School District 214, Arlington Heights, IL........................ 73 Prepared statement of.................................... 75 Additional Submissions: Mr. Scott: Press Release............................................ 92 Letter dated June 22, 2016, to Secretary King............ 95 Letter dated June 23, 2016, to Secretary King............ 97 Questions submitted for the record by: Salmon, Hon. Matt, a Representative in Congress from the State of Arizona..................................102,104,107,109 Chairman Kline............................................... 104 Messer, Hon. Luke, a Representative in Congress from the State of Indiana........................................... 104 Stefanik, Hon. Elise, a Representative in Congress from the State of New York.......................................... 104 Guthrie, Hon. Brett, a Representative in Congress from the State of Kentucky.......................................... 107 Response to questions submitted for the record: Ms. Harrelson............................................ 111 Secretary King........................................... 113 Dr. Pruitt............................................... 116 Dr. Schuler.............................................. 121 NEXT STEPS IN K-12 EDUCATION: EXAMINING RECENT EFFORTS TO IMPLEMENT THE EVERY STUDENT SUCCEEDS ACT ---------- Thursday, June 23, 2016 U.S. House of Representatives, Committee on Education and the Workforce, Washington, D.C. ---------- The Committee met, pursuant to call, at 9:00 a.m., in Room 2175, Rayburn House Office Building, Hon. John Kline [chairman of the committee] presiding. Present: Representatives Kline, Foxx, Roe, Thompson, Walberg, Guthrie, Rokita, Byrne, Carter, Bishop, Grothman, Curbelo, Allen, Scott, Davis, Courtney, Bonamici, and Adams. Staff Present: Janelle Gardner, Coalitions and Members Services Coordinator; Tyler Hernandez, Deputy Communications Director; Amy Raaf Jones, Director of Education and Human Resources Policy; Nancy Locke, Chief Clerk; Dominique McKay, Deputy Press Secretary; Brian Newell, Communications Director; Krisann Pearce, General Counsel; Lauren Reddington, Deputy Press Secretary; Mandy Schaumburg, Education Deputy Director and Senior Counsel; Alissa Strawcutter, Deputy Clerk; Juliane Sullivan, Staff Director; Leslie Tatum, Professional Staff Member; Brad Thomas, Senior Education Policy Advisor; Sheariah Yousefi, Legislative Assistant; Tylease Alli, Minority Clerk/ Intern and Fellow Coordinator; Jacque Chevalier, Minority Senior Education Policy Advisor; Mishawn Freeman, Minority Staff Assistant; Denise Forte, Minority Staff Director; Christian Haines, Minority Education Policy Counsel; Brian Kennedy, Minority General Counsel; Julia Lamberti, Minority Education Policy Fellow; Alexander Payne, Minority Education Policy Advisor; and Michael Taylor, Minority Education Policy Fellow. Chairman Kline. A quorum being present, the Committee on Education and Workforce will come to order. Welcome back, Mr. Secretary. Secretary King. Thank you. Chairman Kline. Thank you for joining us. When we last met, the process for implementing the Every Student Succeeds Act was just getting underway. We had a healthy discussion about the byproducts of reform that Congress passed and is presently signed into law. Those reforms are designed to restore State and local control over K-12 schools. That is not just my personal view, it is a view held by governors, State lawmakers, teachers, parents, principals, and superintendents who recently wrote that ``The Every Student Succeeds Act is clear, education decision-making now rests with States and districts and the Federal role is to support and inform those decisions.'' It is also the view of most honest observers as the Wall Street Journal editorialized, the law represents ``the largest evolution of Federal control to the States in the quarter century.'' The reason for this hearing, and our continued oversight is to ensure the letter and the intent of the law are followed. The critical part is holding your agency accountable, Mr. Secretary, for the steps that are taken to implement the law. When you were with us in February, you said, ``You can trust that we will abide by the letter of the law as we move forward.'' That is a strong statement and it is one of several commitments you have made that the Department would act responsibly, but actions speak louder than words. In recent words, we have seen troubling signs with the Department pulling the country in a different direction than the one Congress provided in the law. The first troubling sign is the rulemaking process itself. There are a number of concerns about the integrity of the negotiated rulemaking committee, including the makeup of the panel, a lack of rural representation, and the accuracy of statements made by the Department staff. The point of the negotiated rulemaking process is to build consensus among those directly affected by the law. It seems the Department has decided to stack the deck. The second troubling sign surrounds the longstanding policy that Federal funds are a supplement and do not supplant State and local resources. Prior to the Every Student Succeeds Act, this rule is applied differently depending on how many low-income students a school serves. Some schools face more onerous requirements than others. Last year, Congress decided the rule would be enforced equally across all schools. Now school districts must simply show that funds are distributed fairly, without prescribing a specific approach or outcome. The law explicitly prohibits the Secretary from interfering, yet that is precisely what you are proposing to do. What the Department is proposing would be both illegal and harmful to students and communities. It would impose a significant financial burden on States and force countless public school districts to change as they hire and pay their teachers. This regulatory effort is trying to achieve an end Congress deliberately rejected and the nonpartisan Congressional Research Service warrants and goes beyond ``a plain language reading of the statute.'' No doubt you have good intentions, Mr. Secretary, but you do not have the legal authority to do this. I strongly urge you to abandon this flawed scheme. The third troubling sign is the Department's accountability proposal. Let me note that there are policies in this proposal we are pleased to see, such as how States set long-term goals and measure interim progress. But in a number of ways, we also see the Department's bad habit for making decisions that must be left to States. This is especially troubling given the law's explicit prohibitions against Federal interference, including how States compare school performance and identify schools for support. For years, States grappled with the rigid accountability system imposed by Washington. The Every Student Succeeds Act turns the page on that failed approach and restores these decisions back to States and local leaders. I urge you, Mr. Secretary, to adopt a final proposal that fully reflects the letter and spirit of the law. We are raising these concerns because it is vitally important for the laws written by Congress to be faithfully executed and, just as importantly, we are raising these concerns because we want to ensure that every child has the best chance to receive a quality education. We cannot go back to the days when the Federal Government dictated national education policy. It did not work then and it will not work now. If the Department refuses to file a letter as intended in law, you will prevent State leaders, like Dr. Pruitt from Kentucky, from doing what is right for the school districts. You will deny superintendents like Dr. Schuler of Arlington Heights, Illinois, the ability to manage schools in a way that meets the needs of their local communities. And you will make it harder for teachers like Cassie Harrelson from Aurora, Colorado, to serve the best interests of the students in the classrooms. Later, we will hear from these individuals because they represent the people we work to empower. Every child in every school deserves an excellent education and the only way to achieve that, though, is to restore State and local control. That is what the Every Student Succeeds Act is intended to do and we will use every tool at our disposal to ensure the letter and intent of the law is followed. With that, I will now recognize Ranking Member Bobby Scott for his opening remarks. [The information follows:] Prepared Statement of Hon. John Kline, Chairman Committee on Education and the Workforce Welcome back, Secretary King, and thank you for joining us. When we last met, the process for implementing the Every Student Succeeds Act was just getting underway. We had a healthy discussion about the bipartisan reforms Congress passed and the president signed into law. Those reforms are designed to restore state and local control over K-12 schools. That's not just my own personal view. It's the view held by governors, state lawmakers, teachers, parents, principals, and superintendents who recently wrote that, ``[The Every Student Succeeds Act] is clear: Education decision-making now rests with states and districts, and the federal role is to support and inform those decisions.'' It's also the view of most honest observers. As the Wall Street Journal editorialized, the law represents the ``largest devolution of federal control to the states in a quarter-century.'' The reason for this hearing and our continued oversight is to ensure the letter and intent of the law are followed. A critical part of our effort is holding your agency accountable, Mr. Secretary, for the steps that are taken to implement the law. When you were with us in February, you said, ``You can trust that we will abide by the letter of the law as we move forward.'' That is a strong statement, and it is one of several commitments you've made that the department would act responsibly. But actions speak louder than words. In recent months, we have seen troubling signs of the department pulling the country in a different direction than the one Congress provided in the law. The first troubling sign is the rulemaking process itself. There are a number of concerns about the integrity of the negotiated rulemaking committee, including the makeup of the panel, the lack of rural representation, and the accuracy of statements made by department staff. The point of the negotiated rulemaking process is to build consensus among those directly affected by the law, yet it seems the department decided to stack the deck to achieve its own preferred outcomes. The second troubling sign surrounds the long-standing policy that federal funds are to supplement, not supplant, state and local resources. Prior to the Every Student Succeeds Act, this rule was applied differently depending on how many low-income students a school served; some schools faced more onerous requirements than others. Last year, Congress decided the rule would be enforced equally across all schools. Now, school districts must simply show that funds are distributed fairly without prescribing a specific approach or outcome. The law explicitly prohibits the secretary from interfering, yet that is precisely what your proposal would do. What the department is proposing would be both illegal and harmful to students and communities. It would impose a significant financial burden on states and force countless public school districts to change how they hire and pay their teachers. This regulatory effort is trying to achieve an end Congress deliberately rejected and that the nonpartisan Congressional Research Service warns goes beyond ``a plain language reading of the statute.'' No doubt you have good intentions, Mr. Secretary, but you do not have the legal authority to do this. I strongly urge you to abandon this flawed scheme. The third troubling sign is the department's accountability proposal. Let me note that there are policies in this proposal we are pleased to see, such as how states set long-term goals and measure interim progress. But in a number of ways, we also see the department's bad habit for making decisions that must be left to states. This is especially troubling given the law's explicit prohibitions against federal interference, including how states compare school performance and identify schools for support. For years, states grappled with a rigid accountability system imposed by Washington. The Every Student Succeeds Act turns the page on that failed approach and restores these decisions back to state and local leaders. I urge you, Mr. Secretary, to adopt a final proposal that fully reflects the letter and spirit of the law. We are raising these concerns because it's vitally important for the laws written by Congress to be faithfully executed. And just as importantly, we are raising these concerns because we want to ensure every child has the best chance to receive a quality education. We cannot go back to the days when the federal government dictated national education policy--it didn't work then and won't work now. If the department refuses to follow the letter and intent of the law, you will prevent state leaders, like Dr. Pruitt from Kentucky, from doing what's right for their school districts. You will deny superintendents, like Dr. Schuler of Arlington Heights, Illinois, the ability to manage schools in a way that meets the needs of their local communities. And you will make it harder for teachers, like Cassie Harrelson from Aurora, Colorado, to serve the best interests of the students in their classrooms. Later, we will hear from these individuals because they represent the people we want to empower. Every child in every school deserves an excellent education, and the only way to achieve that goal is to restore state and local control. That's what the Every Student Succeeds Act is intended to do, and we will use every tool at our disposal to ensure the letter and intent of the law are followed. With that, I will now recognize Ranking Member Scott for his opening remarks. ______ Mr. Scott. Thank you, Mr. Chairman, for calling this hearing to discuss the implementation of the bipartisan law we worked to craft and enact last year. I look forward to the dialogue with both Secretary King and the panel of expert witnesses concerning the Department's ongoing efforts to provide States and school districts with the clarity and guidance necessary to ensure effective implementation of the Every Student Succeeds Act. As I have previously stated, I am proud of our collective efforts to craft a strong bipartisan law that was worthy of the President's signature. Doing so is no small feat. However, passing legislation is only one step of many. Fulfilling the promise of the Every Student Succeeds Act rests on its successful implementation that honors Congress' longstanding intent of the Elementary and Secondary Education Act, the intent to support and promote and protect at all levels of government the right to an educational opportunity for every child, regardless of race, income, language status or disability. While ESSA returns much decision-making power to the State and local level, it is not a blank check. The Federal law includes important guardrails, most importantly that States and school districts are required to take action when students are not learning. States and districts get to decide which actions are most appropriate in each school's unique context, but taking some action is not negotiable. A robust regulatory framework is necessary to ensure that States and school districts are getting the job done and taking action and each and every school is required to do so by federal law. The regulations require States and local districts to fully comply with the Federal law. Getting this right is hard work, and the Federal Government has an important role to play. I wanted to thank the Department of Education under the leadership of then acting Secretary King for moving so quickly to provide feedback for and to provide necessary clarity to practitioners, parents, and community members through the proposed regulations. I also want to commend the Secretary and staff for their transparency and continued collaboration with members in this committee and our staff throughout the process. The Department has demonstrated a commitment to fulfilling its regulatory responsibilities critical to helping States and school districts move forward expeditiously. On this point, there is considerable agreement. Although some State and local stakeholder groups originally urged that there be no regulatory framework, those very same groups in combination with others on the negotiated rulemaking panel reached an agreement on the proposed assessment regulatory text. We thank members of that panel, including the Department, for working and making compromises to reach consensus on proposed regulations with some of the most contemptuous and challenging issues in the entire law. Their consensus serves as a powerful affirmation of the need for the clarity and direction that the regulations provide. In addition to the negotiated rulemaking process, the Department recently released its proposed regulatory text for accountability, intervention, data reporting, and consolidated state plan development for public commenting. Again, I want to thank the Secretary for moving so quickly. Many individuals and groups request additional regulatory clarity on these important issues and the Department heeded those requested as the Department has done in the past. I am sure the robust dialogue, with all stakeholders, including Congress, will inform revisions and improvements in the proposal during the 60-day comment period which closes August 1st. I look forward to hearing from today's experts on the specifics of the Department's proposal. And just as the Federal Government works to meaningfully to engage the diverse stakeholders to effectively implement the new law, State and local leaders must use the clarity provided by the Federal regulations to work collaboratively with all stakeholders in the development of new plans as the implementation moves forward. The upcoming election will usher in a new administration. With less than six months before that transition, Secretary King's time at the Department is winding down. And with this upcoming change in leadership, States and school districts need the consistency and dependability to provide regulations, election year or not. I look forward to hearing from the Secretary about his efforts to put in place a meaningful regulatory framework that empowers States and districts to fulfill the congressional intent and improve educational equity beyond the current administration. Thank you, Mr. Chairman. I yield back. [The information follows:] Prepared Statement of Hon. Robert C. ``Bobby'' Scott, Ranking Member, Committee on Education and the Workforce Mr. Chairman, thank you for calling this important hearing to discuss implementation of the bipartisan law we worked to craft and enact last year. I look forward to dialogue with both Secretary King and the panel of expert witnesses concerning the Department of Education's ongoing efforts to provide states and school districts with the clarity and guidance necessary to ensure effective implementation of the Every Student Succeeds Act. As I have stated previously, I am proud of our collective efforts to craft a strong bipartisan law that was worthy of the President's signature. Doing so was no small feat. However, passing legislation is only one step of many. Fulfilling the promise of the Every Student Succeeds Act rests in successful implementation that honors Congress' longstanding intent of the Elementary and Secondary Education Act; the intent to support, promote and protect, at all levels of government, the right to educational opportunity for every child, regardless of race, income, language status, or disability. While the ESSA returns much decision-making to the state and local level, this new law is not a blank check. Federal law includes important guardrails - most importantly, states and school districts are required to take action when students aren't learning. States and districts get to decide which actions are most appropriate to address each school's unique context, but the action is a non-negotiable. A robust regulatory framework is necessary to ensure that states and school districts are getting the job done and ACTING in each and every school required by federal law. Regulations empower states and school districts to fully comply with federal law. Getting this right is hard work and the federal government has an important role to play. I want to thank the Department of Education, under the leadership of then-Acting Secretary King, for moving so quickly to collect feedback from and provide needed clarity to practitioners, parents, and community members through proposed regulations. I also want to commend the Secretary and his staff for their transparency and continued collaboration with members of this committee and our staffs throughout the process. The Department's demonstrated commitment to fulfilling its regulatory responsibility is critical for helping states and school districts move forward expeditiously. On this point, there is considerable agreement. Although some state and local stakeholder groups originally urged that there be no regulatory framework, those very same groups - in combination with others on the negotiated rulemaking panel - reached an agreement on the proposed assessment regulatory text. I want to thank members of the negotiating panel, including the Department, for working - and making compromises - to reach consensus on proposed regulations for some of the most contentious and challenging issues within the entire law. Their consensus serves as a powerful affirmation of the need for the clarity and direction that regulations provide. In addition to the negotiated rulemaking process, the Department recently released its proposed regulatory text for accountability, intervention, data reporting, and consolidated state plan development for public comment. Again, I want to thank the Secretary for moving quickly. Many individuals and groups requested additional regulatory clarity on these important provisions, and the Department heeded those requests. As has been emblematic of the Department's work to-date, I am sure that robust dialogue with all stakeholders, including Congress, will inform revisions and improvements to the proposal during the 60 day comment period, which closes on August 1. I look forward to hearing from today's experts on the specifics of the Department's proposal. Just as the federal government works to meaningfully engage with diverse stakeholders to effectively implement the new law, state and local leaders must use the clarity provided by federal regulations to work collaboratively with all stakeholders in developing new plans, as the implementation process moves forward. The upcoming election will usher in a new administration, and with less than six months left before that transition, Secretary King's time at the Department is winding down. With this upcoming change in leadership, states and school districts need the consistency and dependability provided by regulations, election year or not. I look forward to hearing from the Secretary about his efforts to put in place a meaningful regulatory framework that empowers states and districts to fulfil congressional intent and improve educational equity beyond the current administration. Thank you, Mr. Chairman. ______ Chairman Kline. The gentleman yields back. Pursuant to Committee Rule 7(c), all members will be permitted to submit written statements to be included into the permanent hearing record. Without objection, the hearing record will remain open for 14 days to allow such statements and other extraneous material evidence during the hearing you submitted for the additional hearing record. It is now my pleasure to introduce our distinguished witness. We are glad to have you here. As Mr. Scott said, the last time you were here, I believe you were still the acting Secretary, so congratulations on becoming the official Secretary of the Department of Education. Everybody here knows your background and we are delighted that you are here. I am going to ask you now to raise your right hand. [Witness sworn] Chairman Kline. Let the record reflect that Dr. King answered in the affirmative. Before I recognize you to give your testimony, let me just remind you of the lighting system. It will apply pretty rigorously to my colleagues, not so much to you. we will turn the 5-minute clock on; that is sort of a background reference to you. Please give your testimony as you see fit. It has been a long time since I gaveled down a cabinet Secretary for speaking too long, but if you would try to wrap up at a reasonable time because we are getting actually a surprising number of members to show up considering that the House adjourned and I am sure there was a race to the airport sometime early this morning. So I am going to make sure that all of my colleagues have a chance to engage in the conversation. Mr. Secretary? TESTIMONY OF THE HONORABLE JOHN B. KING, SECRETARY, UNITED STATES DEPARTMENT OF EDUCATION Secretary King. Thank you very much. Thank you, Chairman Kline, Ranking Member Scott, and members of the committee. I appreciate the invitation to come back before this committee and testify today regarding how the Department of Education is moving forward with the implementation of the Every Student Succeeds Act which the President signed into law on December 10, 2015. I am grateful that thanks to the leadership of Chairman Kline and Ranking Member Scott and members of this committee, Congress acted last year to reauthorize this critical piece of legislation. Over the past 7-1/2 years, thanks to hardworking educators supported by families, our schools and students have made tremendous strides. Our high school graduation rate is at a record high and schools in 49 States are helping students meet college and career ready standards in assessing their projects. More States also are investing more money in helping make sure children are ready to succeed when they enter kindergarten, increasing their spending on early learning by 1.5 billion dollars over the past 3 years and yet, so much work remains, far too many students from every background still arrive at college needing remedial classes, and black and Hispanic students continue to lag behind their white peers in achievement and graduation rates. The latest figures from our civil rights data collection illustrate in powerful and troubling ways the disparities in opportunity and experience for different groups of students in our schools. Just a few statistics. Students with disabilities are more than twice as likely as students without disabilities to be suspended. Schools with high concentrations of black and Latino students are less likely to offer advanced courses such as calculus and physics which also are critical for success in college. One out of every five high school students who are English language learners is chronically absent. These are the very children that the Elementary and Secondary Education Act of 1965 as most recently amended by ESSA was designed to protect and serve. The good news is that ESSA provides local communities and States with a pathway toward equity and excellence for all students as well as tools that will help them get there. Using the greater flexibility in ESSA, States will be able to go beyond test scores and mathematics and English language arts by adding their own indicators of school quality and progress to ensure a rigorous, well-rounded education for every student. We know that strong literacy and math skills are necessary for success in college, careers and life, but they are not sufficient. And importantly, a rich, rigorous, well-rounded education helps our children make critical connections among what they are learning in school, their curiosities, their passions, and the skills they will need to become sophisticated thinkers and leaders who will solve the most pressing challenges facing our communities, our country, and our world. Understanding that this requires all of us working together, States are expected to involve local educators, parents, civil rights groups, business leaders, tribal officials, and other stakeholders in choosing other indicators of quality such as decreases in chronic absenteeism or increases in the number of students taking and passing advanced classes. The legislation also includes critical protections and provides additional resources for traditionally underserved students, such as students of color, students from low-income families, students with disabilities, students learning English, Native American students, fostered and homeless youth, and migrant and seasonal farmworker children. States must take meaningful actions to improve schools where students or groups of students are struggling and high schools that have low graduation rates year after year, but the flexibility of the law also allows them to tailor these interventions to schools' specific needs. As with all legislation and policy, the quality and fidelity of the implementation is critical to success. Please allow me to update you on our progress towards helping the States implement this law fully and faithfully. The first thing we did was listen. Today, we have convened over 200 meetings with stakeholders across the country. This included dozens of meetings with educators and school leaders in rural, urban, and suburban communities across the country. We posted a notice seeking public comment on areas in need of regulation in the Federal Register and requested feedback on areas in need of guidance. We received hundreds of comments. In response, we prioritized accountability, including data reporting and State plans, assessments under Title I, Parts A and B, and Title I's requirement that Federal dollars supplement and not supplant State and local funds for education. As you know, this past spring, we engaged in negotiated rulemaking on Title I, Part A, assessment and supplement, not supplant, regulations. We appreciate the input we received and reached consensus on assessments, but not on how to enforce the law's supplement not supplant requirement. We are now considering how best to address the feedback we received on the latter as we develop our policy. Last month, we also issued our Notice of Proposed Rulemaking on accountability, State plans, and data reporting which was published in the Federal Register on May 31st for a 60-day public comment period, concluding on August 1st. We encourage comment on those proposed regulations. Consistent with a strong civil rights legacy of the law, the proposed regulations ensure a focus on all students, including historically underserved subgroups of students, in accountability decisions. They also ensure that meaningful action is taken to improve lowest performing schools with families, educators, and stakeholders playing an important role in the process. They also ensure that educators, students, and families have an accurate picture of students' academic performance. In April, I announced the Department would be issuing nonregulatory guidance in several key areas concerning students in foster care, homeless students, and English learners. Each of these areas was raised frequently as a priority issue in our stakeholder outreach. I am happy to report that this morning, we have released guidance on ensuring educational stability for children in foster care. As you know, ESSA for the first time it includes protections for foster youth who largely, because of their mobility, lagged behind their peers academically. Our guidance, released jointly with the Department of Health and Human Services, clarifies the new statutory requirements regarding children in foster care, promotes greater collaboration between State educational agencies, local educational agencies, and child welfare agencies as well as highlighting promising examples to help guide implementation. We plan to issue guidance to support homeless students and English learners at the end of this summer or early fall. The Department is also working on guidance to support States and districts as they implement Title II, Title IV, and the provisions in ESSA around early learning. Our aim with these guidance documents would be to highlight examples and best practices as States and districts make use of new funding opportunities in the law. As I noted at the time, we have made incredible progress as a Nation over the past several years, but there is more to be done. ESSA is a bipartisan achievement that provides a statutory foundation to close our remaining gaps and address our persistent inequities. I am pleased to hear feedback from this committee today and look forward to continuing to work with all of you to ensure high-quality implementation of this law, supported by the Department, and that guarantees a world-class education for every child. Thank you, I am happy to answer your questions. [The statement of Secretary King follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairman Kline. Thank you, Mr. Secretary. I will be happy to start my feedback now. I partially quoted some of your remarks from February in my opening statement. That quote came in response to my request that you would commit to regulating consistent with the statute. You said in full, and I am happy to read here and make sure I have got it right, ``You can trust that we will abide by the letter of the law as we move forward to do regulations, provide guidance and technical assistance to States and districts, and our intent is to work together with you and to gather input from educators, from parents, and from members of this committee as we move forward.'' I am concerned your proposal is not fully consistent with that commitment. The questions I and other members have will reflect those concerns. I want to start by asking you about the supplement, not supplant proposal which you discussed in your opening remarks. As you know, we asked the Congressional Research Service to review the proposal and they agreed with us that your proposal, if it were promulgated as a final rule, would likely be illegal. They said, and I quote, ``Based on the plain language of the above provisions, in conjunction with the legislative history and the statutory scheme as a whole, it, therefore, seems unlikely that Congress had intended Section 1118(b) to authorize the Education Department to establish regulations of the required Title I(a) expenditures to meet or exceed those of non-Title I(a) schools.'' I would like you to respond specifically to one of those conclusions. CRS said the plain language of the section does not appear to require equalized spending and the chair proposal failed to justify why you believe it does. Could you explain, beyond the talking points we have already heard, how a plain reading of Section 1118(b) would require the result you have proposed? Secretary King. Sure, the historical context for supplement not supplant is important. That language was originally added to the law after the NAACP LDF report that showed that Federal dollars were being used to backfill State and local responsibilities to high-need schools, particularly those serving students of color. That is the history of that language. The language clearly must mean that the Federal dollars are intended to be supplemental, not to backfill State and local responsibilities. We know that there are districts where 25 to 30 percent more is being spent in schools serving affluent students than in schools a few blocks away serving low-income students. That is clearly inconsistent with the very words supplement not supplant. Our proposal seeks to ensure that we enforce the law as written, that the funds are truly supplemental, however, we received feedback throughout the negotiated rulemaking process, adjusted the proposal throughout that negotiated rulemaking process, have continued to receive feedback and input from stakeholders since the completion of the negotiated rulemaking sessions, and look forward to moving forward in a way that is responsive to the feedback and input we have received. Chairman Kline. Well, I thank you for the response. However, the point I am trying to get at is that the statute, the plain language of the statute, is very, very clear and it does not say that the Secretary is allowed to decide on his own what the intent of the history of this was. The language is very, very clear and that is what the Congressional Research Service said. Second, I want to ask one straightforward question about your accountability proposal. In looking at it in totality, my concern, you are deliberately attempting to increase the number of schools identified for interventions beyond what was intended in the statute. Five years from now, what number or percentage of schools nationwide do you anticipate will be identified for comprehensive and target support as a result of these regulatory proposals? Secretary King. The proposal really seeks to ensure that States have the opportunity to broaden their definition of educational excellence, to introduce additional indicators of performance beyond just English and math performance and graduation rates. It also creates the opportunity for States to set goals and targets for performance and it importantly requires that States and districts intervene when schools are in the bottom 5 percent of performance, when schools are struggling with particular subgroup performance, and when schools have low graduation rates year after year. The number of schools that will be identified will depend on how States use that flexibility, but clearly a priority in the law was to ensure that States act meaningfully in schools that are struggling over their achievement gaps and that is what the regulations require. Chairman Kline. So as you pointed out, you do not know and that is not to be--not a surprise. How many schools would fall into that category? Presumably, the Department is doing some analysis of this as it goes forward and if that is so, would you please commit to providing that analysis to us so we can see how this is going to unfold? I am afraid that right now, I mean, we are early here and that is why I am glad you are here so we can get at this, it looks like there is an attempt here to increase the number of schools identified for interventions. And so we want to look at that analysis. That is not the intent of the statute, we need to see that number go up. We wrote the language very specifically. Yeah, I have asked and you have answered that you will give us that analysis as we go forward. Let me yield for questions to Mr. Scott. Mr. Scott. Thank you, Mr. Chairman. Before I begin, I would like to submit for the record documents, one a statement released yesterday by 31 civil rights groups calling for stronger accountability regulations and another letter from the leadership of the Tri-Caucus urging the Secretary and the administration to fulfill its regulatory obligation and protect the civil rights of all students, including that supplement not supplant and-- Chairman Kline. No objection. Mr. Scott. Thank you. And Mr. Secretary, when you propose regulations as a comment period, what is the purpose of the comment period and what happens after the comment period? Secretary King. The purpose is really for us to gather input from stakeholders. We want to hear from educators, from parents, from civil rights organizations, from tribal leaders, from business communities, from community based organizations that are working with young people, particularly our young people most at risk and we will gather that input and we will address it and similarly we want input from members of Congress and appreciate this opportunity to gather feedback. The ultimate regulations will reflect our attempt to respond to the input we have received. Mr. Scott. You mentioned supplement not supplant. There's language in Brown v. Board of Education that said that the opportunity of education is a right which must be made available to all on equal terms. If a locality is chronically underfunding certain schools, is there not an obligation to come up with some appropriate equitable funding outside of the ESSA? Secretary King. Absolutely. Mr. Scott. And then supplement and not supplant would mean that you would have to supplement over what your legal obligation is, is that right? Secretary King. That is right. Mr. Scott. Can you say a word about how you identified--how you make sure that all students in underserved schools receive the support that they need in light of the fact that some schools look like they are doing okay but subgroups are not performing? Secretary King. That is right. We have been careful in regulations to try to ensure that schools do not fall through the cracks because we do not want students to fall through the cracks, so the regulations give States the opportunity to set meaningful goals and targets, but require them to intervene where schools are not making overall progress for their subgroups. And so we will be vigilant in showing that States respond and States have to intervene where subgroups are struggling, where the schools are in the bottom 5 percent of performance or where they have low graduation rates. And if their interventions do not meaningfully improve student performance, they will need to intensify those interventions using evidence of effectiveness. Mr. Scott. Now, you mentioned the bottom 5 percent. There is some suggestion that the data collected will not allow you to rank schools and if you cannot rank schools, how do you ascertain the bottom 5 percent? Secretary King. That is an excellent question. It is one of the reasons the regulations require a summative rating, but how States approach that summative rating could vary. Some States may use a numerical index, some States may use an A-F methodology, some States may use categorical labels for different sets of schools, but the law does require that States intervene in that bottom 5 percent of schools and they will need to have a summative rating to get to that bottom 5 percent. Mr. Scott. Last month, the GAO released a study that I requested, along with former Ranking Member George Miller and Judiciary Committee Ranking Member John Conyers, on segregation in public schools K-12. The GAO report found that there is an increase in racial and socioeconomic segregation and that it is getting worse. I have asked for hearings and, hopefully, one day we will have hearings on that, but what can ESSA do to reduce racial and socioeconomic segregation in our public schools? Secretary King. Let me say we are deeply concerned about the lack of progress since Brown v. Board of Education in places around the country where we are seeing increased socioeconomic and racial isolation. I think there is an opportunity as States consider their flexibility to intervene in struggling schools to think about how they create a strategy that would promote school diversity. We made school diversity a priority in our competitive grant programs. The President, as you know, has proposed in the 2017 budget an initiative called ``Stronger Together'' that Senator Murphy and Congressman Fudge and you are also helping us to advance, that would allow us to direct resources to support voluntary locally led efforts to increase school diversity. We also are using the magnet schools program, the longstanding magnet schools program, to support local efforts to increase school diversity, but we know that for our low- income students, they do better in schools that are socioeconomically diverse. We know that we want to prepare all of our young people for success in a diverse society. All kids benefit from diverse schools. Mr. Scott. Thank you, Mr. Chairman. Chairman Kline. Thank you, gentlemen. Dr. Foxx, You are recognized. Ms. Foxx. Thank you, Mr. Chairman. Secretary King, welcome to the committee. I would like to return to the supplement not supplant conversation. In 2011, the Department issued a policy brief and report analyzing the compliance and the comparability requirement for per pupil expenditures for Title I schools, a proposal that is analogous to the Department regulations. Assuming you have more recent data, would you please provide us the estimated cost in State and local dollars of compliance with the proposal put forth by the Department during negotiated rulemaking? Secretary King. I just want to make a distinction in the way that the question was framed between comparability and supplement not supplant. Comparability addresses the issue of services, supplement not supplant addresses the issue of the allocation of State and local funding. The proposal that was discussed in negotiated rulemaking and adjusted throughout the negotiated rulemaking would require States to comply with the--supplement districts to comply with the supplement not supplant provision of the law. The process that districts would use to do that would be determined by the districts and so there is not a single number that can be estimated today for that proposal. But as I said, the proposal was adjusted throughout the negotiated rulemaking and we will continue to adjust that proposal based on the input and feedback we have received since then. Ms. Foxx. Well, how can the Department put forward a regulatory proposal without understanding the financial impact and how can the Congress and the public be expected to evaluate its wisdom without such information? Secretary King. Well, the requirement in the statute is that the Federal dollars be used in a way that is supplemental. In fact, the language ``supplement not supplant'' is intended to separate the issue of the use of Federal funds from the issue of State and local funds, to say that State and local funds should be allocated in a way that is equitable and then the Federal funds should be supplemental. Ms. Foxx. The Center for American Progress reported last year the nationwide compliance cost for proposals similar to yours would be 8.5 billion. Do you think that is a reasonable estimate? Secretary King. Again, the design of the proposal was to implement the requirement in the statute that the Federal dollars be used in a way that is supplemental. Districts have a responsibility to ensure that they are not using those Federal dollars to backfill State and local funds. To the extent that districts are today using Federal dollars to backfill State and local funds, that is not consistent with the very words ``supplement not supplant.'' Ms. Foxx. Let me now focus on how school districts would comply with your proposal. The Department's 2011 report indicates some of the Nation's largest school districts could have to increase spending by anywhere from less than 1 percent to as much as 20 percent. Please tell the committee specifically how school districts are not able to increase spending by these amounts to comply with your proposal. Secretary King. Again, the frame of the question suggests that districts today are using the Federal dollars in a way that backfills local and State responsibilities so the requirement would be for districts to ensure that they are not doing that, that the State and local funds are allocated in a reasonable fashion that allows the Federal dollars to be used to indeed supplement. And to the extent that a district is spending 25 to 30 percent more in a school serving affluent kids than in a school serving high needs kids 10 blocks away, that cannot possibly be consistent with the very words ``supplement not supplant,'' and the adjustment they will need to make is one that is required by the statute. Ms. Foxx. If school districts are forced to change teacher hiring policies and somehow find the legal and contractual authority to do so in order to comply with the proposal, school districts, rather than school principals will assume more authority for personnel hiring decisions in local schools. Tell us how this would benefit low-income students when we know that effective principals with greater staffing autonomy can be one of the most effective ways to increase student outcomes? Secretary King. If today districts are using the Federal dollars in a way that is not supplemental, then they need to correct that. They can do that in a number of ways. They could create incentives for veteran, highly effective teachers to go to schools. They could invest in pre-K programs in a high-needs school. They can ensure that high-needs school has access to counselors or launches advanced coursework. The reassignment of teachers is not a requirement of the proposal. As a general matter, I do not think anyone supports forced transfers of teachers. That is not required by the proposal. What the proposal requires is that the Federal dollars are used in a way that is, in fact, supplemental. Chairman Kline. The gentlelady's time has expired. Ms. Davis, you are recognized. Ms. Davis. Thank you, Mr. Chairman. Good to see you, Mr. Secretary. Thank you for joining us, although we probably got to bed a little bit later perhaps than you did. I wanted to follow up with Ranking Chairman Scott's question and ask about the ``n'' size, the number of students that we group to evaluate whether or not they are being properly served. And I think that there are some concerns that students perhaps, especially special education students, for example, might not be really properly seen within an accountability system. Could you comment on that and, for example, if the number fell to 28, 29 for a group, what would that mean? Secretary King. We are very concerned about issues of ``n'' size. What we propose in the regulations is that States would set their ``n'' size, but they would need to provide justification to the peer review process if they set an ``n'' size above 30. The reason we use that is based upon research evidence on how we ensure that we capture subgroups as well as possible. IES did a study that showed that if you use an ``n'' size of 40 or more, you would only get to about 32 percent of students with disabilities but if you use an ``n'' size of 30, you would get to about 79 percent. So we ask States for a justification if they want to go above 30. We have heard feedback that there are stakeholder groups who are interested in requiring a justification at a lower ``n'' size and we do worry about subgroups getting missed and at the schools where a particular subgroup of students does not get the adequate services to make academic progress and that is never identified. One of the important elements of the law is requiring subgroup disaggregated data and we want to make sure that is enforced while preserving for States the flexibility to justify their ``n'' sizes. Ms. Davis. Exactly. I mean, the disaggregation we know is key. In looking back at the way this was done previously and States moving forward, are you confident that you are going to be able to have this be more a universal standard or, in fact, it sounds like there is quite a bit of leeway perhaps with some groups? I just wanted to throw that out there because I know that it is a concern and it will be very important not to have that slipping. Secretary King. Yes, that is a very fair concern. The vast majority of States today are at 30 or lower and we think the peer review process will provide an important check on the end sizes that States ultimately choose. Ms. Davis. All right, thank you. And I wanted to go to the issue of teacher evaluations because we know that in ESSA, it is quite clear that this is really up to local school districts. And yet I wanted to sort of talk about the language a little bit because clearly, in this legislation, we want States and we certainly want school districts to do the very best they can in developing a program that engages teachers in the process and in addition helps them be better, helps them do what they really want to do and have it be meaningful. And that is where many districts and many States really do not have a process to do that, so where is the Federal role in that now and what is certainly within the purview of the ESSA? Secretary King. We think it is very important that the Every Student Succeeds Act preserves the language of equitable distribution of quality teachers from No Child Left Behind, and so we have been working with States, as you know, on equity plans where States are working on initiatives to ensure that their teachers are well prepared, that they have a diverse supply of teachers, that they are getting teachers to high- needs schools. There are State initiatives focused on rural schools. State initiatives focused on the necessity of teachers of English language learners where some States are struggling in shortages and we think those equity plans are very important. What we propose in regulations for comment is that States will adjust and update those equity plans based on some of the new language that appears in the Every Student Succeeds Act. But we want to make sure that our low-income students, students of color, students with disabilities, English learners are not disproportionally taught by teachers, for example, who are teaching out of field. And so that is an important, I think, requirement of ESSA and an important principle. Ms. Davis. Yeah, I think I am equally concerned about that sharing of information because we know that we have peer evaluation systems that actually work very well, also, and they may require more substitute time, but I just want to mention that and go ahead and-- Chairman Kline. Gentlelady's time has expired. Dr. Roe? Ms. Davis. Thank you. Mr. Roe. Thank you, Mr. Chairman. And congratulations, Dr. King, on your nomination and appointment as Secretary. And just a couple of comments about backfill. And in our State I was the mayor of our local community. Once we had raised the education spending, we could never go back, so there was no backfill at all. Anything that came in was additional to what we had in the list, at least in the State of Tennessee. And for the first time since I have been a Congressman, 7-1/2 years, it is fun to walk into an elementary school or high school and see smiling teachers and smiling administrators finally. They do like this bill. I spoke with one of my school directors yesterday and I think it is really the implementation of it and that is why we are talking today so that last night we went to a 1,000-page rule to define one word. I do not think we need that kind of weight down on these folks and distance where we are, the Department of Education is provided grants where for the Foundation where I live, it has done a great job of getting distance. I want to revisit a conversation we had in February about the weights States apply or the indicators of their accountability system. It said, and I quote, ``I think we have an opportunity where the States can broaden how they define excellent education and make their definition more well rounded than the narrow focus on English and math assessments like we saw during the No Child Left Behind era.'' I was pleased that your proposal did not prescribe weights or offer a range of weights in which States would have to choose but I am concerned about the parameters that did include to limit the way States waiver indicators. Can you point to me the statutory language that supports your proposal and how the limitations imposed in your proposal fit with your commitment to give States an opportunity to broaden how they define success? Secretary King. Thanks. I appreciate your question. So, we carefully, consistent with the statute, do not prescribe the weights or percentages for different indicators. The statute does require substantial weight for the academic indicators and that the academic indicators are of much greater weight than the other indicators. And so we built into the regulations a set of checks that will be implemented through the peer review process to ensure that States are acting in ways that are consistent with the statutory language around substantial weight and much greater weight. But we do think there is tremendous flexibility for States to think through what additional indicators they will use to supplement English and math and graduation rates and opportunity for States to look at things like whether or not they are providing access to advance coursework as that effort tries to do in Tennessee, whether providing access to advanced coursework in a way that is equitable for various subgroups of students. Mr. Roe. We agree that local control is essential. Accountability is essential and desegregation of data is essential to find out that our children--their needs are not being met. Mr. Secretary, as you know, the statute requires States to include in their accountability systems at least one indicator of school equality or student success. The point of this, of course, is to ensure the State accountability systems are taking into consideration more than just test scores in determining school performance. The statute includes a few broad parameters for this indictor but your proposal goes beyond those parameters by requiring that this additional indicator be supported by research that performance or progress on such indicator is likely to increase student achievement or graduation rates. Could you provide the statutory justification for adding this additional requirement? Secretary King. This is really about the State plan and showing that as States do this work of identifying these other indicators, that the indicators are connected to students' long-term success, which is the goal of these additional indicators being a part of the accountability system. And as the peers and experts on the peer review panels review the State plans, we think it is important for them to look at the indicators in that context. One quick example: in the CRDC data that I just described, we found that nationally 13 percent of students are chronically absent. That is 13 percent of students are missing more than 15 days of school each year. We know that chronic absenteeism is closely connected to students' progress from grade to grade and their likelihood of graduation. That is a good example of an indicator that a State might consider. Obviously it is up to States to decide what those would be, but that is a good example of where there is very strong evidence based on the association between that indicator and long-term success. Mr. Roe. Just one last comment before my time expires is that I think we have a great opportunity to put the fun back in education again. I mean, the teachers were just absolutely--I would go into a group of educators and ask how many would do this job again and the majority would not and that is not good. And I think this gives us an opportunity to put the fun back in education and I hope we do not weight it down too much. I yield back. Chairman Kline. The gentleman yields back. Ms. Adams. Ms. Adams. Thank you, Mr. Chairman, and thank you Ranking Member Scott and Secretary King. I thank you for joining the committee again and congratulations. I am very proud of the work that was done to get the Every Student Succeeds Act passed into law. The reauthorization of the Elementary and Secondary Education Act was long overdue and we owe it to our students and families around this country to update this important legislation. And now as we work toward implementing the act, I believe it is appropriate for us as members of Congress to monitor its progress, but I am absolutely opposed to efforts to undermine the Department of Education and the spirit of the law. We had our chance to write the law and now we should let the process move forward. Additionally, the Federal Government has an appropriate role in education policy and I believe that the Department will move it forward to fully realize it. In States like my State, North Carolina, Federal policies are essential to protect our students from a number of State policies that in my opinion are ruining a State that has once been a leader in education. Since Republicans took over the General Assembly, we have passed a number of bills and I was there during the time that in my opinion would dismantle public education and that has been some of what I have seen. We need to value our educators more and we have some questions in North Carolina about whether or not we do that. We pay them less than the national average and we are ranked as one of the worst States in per pupil spending and so provisions like supplement not supplant are really imperative. So without it I am sure that North Carolina might make even deeper cuts to education and we are very concerned about that. If you can just expand a little more on the importance of Federal funds being used to supplement instead of supplant State funds, I would appreciate that. Secretary King. Thank you. At the end of the day really this is a question of ensuring that all students have access to a quality education. And we know that in places where there is disproportionate spending on affluent students and less spending on high-needs students, it translates into a real difference in students' experience in school. For example in that CRDC data, the Civil Rights Data Collection data, we found that there are 1.6 million students who go to a school that has a school police officer but no school counselor. If you have no school counselor in your school, how are you going to support students' socioemotional needs? How are you going to ensure that students have access to good postsecondary planning? We found that in many of the schools that served the largest numbers of African American and Latino students, you cannot even take calculus or physics. How are we going to ensure diversity in the STEM fields and that students have an equitable shot at STEM careers if their schools do not even offer those classes? And so money certainly is not everything, but in schools that have inadequate resources, that lack of funding translates into a real lack of educational quality for kids. Ms. Adams. Yeah, thanks. So oftentimes students attending Title I schools are students of color. These same students also make up consistently underperforming subgroups. And so having said that, do you truly believe that allowing States to choose how to determine the success of subgroups will actually result in the improvement of subgroup outcomes? Secretary King. I think we really have to be vigilant in the peer review process to make sure that States commit to meaningful goals and targets for subgroups. In the regulations, we try to set guardrails around that process but peer review of the State plans will be critical and vigilance in the part of the Department and ultimately in the part of Congress to make sure that States are attentive to the needs of subgroups and that where subgroups are struggling, they meaningfully intervene. We know the history that there are States that have long ignored the performance of subgroups, States that prior to No Child Left Behind did not even count their English learners in their accountability systems at all. We have got to be vigilant. We think that we have set the right guardrails in the regulations, but we also are interested in folks' feedback on those. Ms. Adams. So thinking about these same subgroups of students without requiring specific summative ratings, how will we hold schools accountable for improved outcomes for our lowest performing students? Secretary King. We think that summative ratings are critical for transparency for parents, for teachers, and ultimately for communities. Which schools are struggling and need that additional support and also which schools are excelling and can be models for other schools to replicate their best practices. We also require transparent reporting on each of the indicators because we think it is important to have that summative rating but also to have good information at the school level and also the subgroup level and all of the indicators. Ms. Adams. Thank you, Mr. Secretary. Mr. Chairman, I yield back. Chairman Kline. The gentlelady yields back. Mr. Guthrie. Mr. Guthrie. Hello, Mr. Secretary, and I agree that the way you write the law and you implement and execute the law is what our Founding Fathers intended. However, it is our responsibility not just to write the law and let it go, it is to have oversight to make sure you are complying with the intent and the language of the law. So a couple of things. One, today my commissioner from Kentucky is going to be here to speak to us and one of the things I know he has concerns with and others have concerns with is about the expedited timeline required in your proposal. The ESSA says No Child Left Behind's accountability provision officially end on August the 1st of this year and in the statute it says that new accountability systems will begin with the 2017-2018 academic year. And it is clear that Congress intended for 2016-2017 to be a transition year to allow States to develop their accountability systems, yet your proposal effectively requires accountability systems to be developed and implemented 2016- 2017, in this academic year. And I asked you about this transition when you were before us in February and you answered, and I quote, ``As we move into the 2017-2018 school year, States will be well positioned to move forward on their new plans.'' And I interpreted your answer as meaning you understood congressional intent that accountability systems would become active at the beginning of the school year. The initial identification of schools would come at the end of the school year based on those new systems. Unfortunately, what you propose seems to contradict the statute and will short circuit the important consultation process taking place at the State and local level. Can you make a commitment to us to revise this proposal in the final rule to align the requirement with congressional intent and ensure that parents and educators have the opportunity to fully engage in the policymaking process? Secretary King. Just to be clear on the proposed rule, under the proposed rule that is currently out for comment, there is no State that would need to have their accountability system in place prior to 2017-2018. The question is what will happen in 2017-2018? And we are interested in folks' feedback on the timeline. We are eager, I think, as the country is to ensure that we move beyond just English and math test scores and graduation rates, that we actually begin to use those other indicators. That is our opportunity to expand the definition of educational excellence and we would like to move quickly to that expansion. I understand that there are folks who would like to extend the focus just on those English and math test scores and graduation rates, but we want to make sure we get to this broader definition. But we are interested in folks' feedback on the timeline and will try to listen carefully to the input we receive. Mr. Guthrie. My commissioner will be here this afternoon testifying. I am sure you will have people here to hear feedback and continue the dialogue. One thing on the ``n'' size and I understand that there is information prescribed by law that needs to be provided, the disaggregation of data, we want to make sure that groups are followed and we understand the statistics. I understand that, but the statute allows the State to pick that ``n'' size and this says as long as they meet the criteria, you cannot prescribe the ``n'' size. It is pretty clear on that and that is something that we debated and talked about and we will not--I know you talked about one of my colleagues about the information. We want you to have that information because we voted to put into law that the country gets that information. We also voted to say that we want the States to determine what that end size is and if they do not do it correctly then you have some opportunity to do so, but it seems like you are prescribing an end size of 30 up front, which I am not sure where the statutory authority for that is. Secretary King. Just to be clear, we are not requiring any specific end size. What we are asking is when States submit their plan, if they choose an end size above 30, they provide information with respect to why they made that choice. Mr. Guthrie. Do you give them deference if they have-- Secretary King. Again, the regulation preserves the right of States to set their ``n'' size. Now, the peer review process does create an opportunity for the plan to be reviewed and I do think it would be important in terms of civil rights protection. For example, if a State were to set their ``n'' size in a way that would ensure that students with disabilities would never be counted in their accountability system, that would clearly be problematic and I am sure that the peers and the peer review process would respond negatively to them, but in the regulation we do not set the ``n'' size. Mr. Guthrie. Maybe I misread that, but 30 was the default unless there was some--it did not seem like the States were able to--and you are right, if the States set an end size that did not comply with the rest of the law, there is something that we need to address because we want that information as well. That is why we voted to support the law and negotiation. I only have 10 seconds left, so I will yield back. Thanks for coming today. Secretary King. Thanks. Chairman Kline. The gentleman yields back. Ms. Bonamici, did you want to ask a question? Ms. Bonamici. Yes, please, Mr. Chairman. Chairman Kline. You are recognized for 5 minutes. Ms. Bonamici. Thank you, Chairman Kline. Welcome to the committee, Secretary King. I wanted to align myself with the comments from Dr. Roe and others who have said that they have perceived a real difference in visiting with schools and teachers, educators, parents, students knowing that the changes were made and the Every Student Succeeds Act that they were desperately needing--and thank you for the work that you are doing along with the Department to implement the Every Student Succeeds Act and support States that are redefining their assessment and accountability systems to meet their unique needs. Thank you for your leadership and I want to follow up on a question that was just asked by Mr. Guthrie. I understand the need to prevent a gap in meaningful interventions for students, but I am concerned that asking states to identify schools for comprehensive and additional and targeted support in the 2017-2018 school year could discourage States from being innovative. And I know the Department will work with States to modify their accountability systems and add indicators as data from districts becomes available, a process that could take several years. Nonetheless, asking States to implement accountability systems in time for the 2017-2018 school year seems to run the risk of hampering innovation, so can you please discuss the Department's alternatives? Is there a way that we can both prevent a gap in support for students and give States the time to put in comprehensive accountability systems that make good use of new data? Secretary King. One important point about the proposed regulations is that States would be able to use the 2017-2018 year as a planning year for those schools that are requiring comprehensive intervention, but I think ultimately, as I have said, we are interested in feedback on the timeline questions. I think we, like many educators in schools, have a sense of urgency about broadening the indicators that are used for accountability and to the extent that States are prepared to move more quickly to incorporate an indicator like chronic absenteeism or there are some States that have put forth a very meaningful effort to try to reduce disproportionate suspensions, for example, for students of color. If States are in a position where they want to introduce those indicators, we would like to see them do that more quickly so that they are moving beyond just the English and math scores and graduation rates. But we are interested in feedback and want to work with States and districts to think through the best timeline. Ms. Bonamici. Thank you, and I am glad that the Department's proposed regulations for accountability would direct schools identified for comprehensive and additional targeted support to evaluate resource inequities, but the proposed rule appears to focus on only two examples of discrepancies and resources: per pupil expenditures and access to out of field and inexperienced teachers. So considering these inequities is important, of course, but I wonder whether States and districts would not consider other important inequities, for example, access to advanced coursework, technology, arts and music. How will the Department encourage States and districts to identify and address a broad array of resource inequities? Secretary King. Yeah, we tried in the regulation to balance wanting to make sure that States do the things that they must and then also offering additional options and there is ``may'' language around things like advanced coursework and access to preschool, which we think is a very significant equity issue. But again, this is a place where we are open to feedback with always trying to strike the right balance around State and local flexibility and real transparency around resource equity. And we are interested in feedback not only from States, but from civil rights community and advocacy organizations as we think through the right resource equity indicators. Ms. Bonamici. Terrific, and the Every Student Succeeds Act is clear that participation rates for a statewide assessment needs to be a factor in accountability systems and the Department's proposed rule for accountability systems would give the States four options for incorporating data on participation. One of the options allows States to develop their own proposals for including participation rate in accountability systems. For States that pursue this route, how will your Department assist them as they contemplate actions that are perhaps less punitive but no less effective in ensuring that all students are counted? Secretary King. I think this issue of the participation rate is very bound up with how do we ensure strong parent understanding of the role of assessments in schools? And I think there are clearly reasons that folks have seen over the last decade. An increase in assessments, not the federally required assessments, but increase in assessments in schools that have driven a very legitimate set of concerns, that is why the administration proposed a testing action plan and has put forward guidance and helped to offer places where folks can use existing Federal resources to support reductions in assessment. That is a feature of the Every Student Succeeds Act that we want States to take advantage of and districts to take advantage of so that they right-size the assessments and where they can, replace maybe low-level bubble tests with higher quality performance-based assessments. Those kinds of efforts we think will help ensure that States and districts are able to comply with the law's expectation that all students will participate in the assessments. Ms. Bonamici. As someone that has been talking about fewer, better assessments for a long time, I look forward to continuing to work with you on that and I yield back the balance of my time. Thank you, Mr. Chairman. Chairman Kline. The gentlelady yields back. Mr. Byrne? Mr. Byrne. Thank you, Mr. Chairman. Mr. Secretary, it is hard to remember all of us up here. I am going to remind you that I am a former member of the Alabama State Board of Education for 8 years. All four of my children attended the public schools in the State of Alabama. All four of them attended a magnet school in the city of Mobile, a large urban school system. So I have a great deal of interest in this and I have very high expectations for the performance of our public schools with regard to every student. When you were here before the committee in February, I asked about the phrase of the new law ``consistently underperforming and whose responsibility it is to define the term.'' I also wrote a follow-up letter on March the 1st that you responded to on June 17th, 3-1/2 months later. Now, in your response, you pointed to the proposed rulemaking. When you were here before, you did not really answer my question and after reading the proposal, I think I understand why. When you were here before, you did say to me, ``I am committed to working with this committee, committed to ensuring that implementation is consistent with the letter of the law.'' I would say to you, Mr. Secretary, if you are committed to working with the committee, taking 3-1/2 months to answer my letter is not consistent with that remark. The letter of the law says the meeting of ``consistently underperforming'' is to be determined by the States. The letter of the law also says that you are prohibited from prescribing ``the specific methodology used by States to meaningfully differentiate identified schools under this part.'' Now, taken together, the law prohibits you from constraining State flexibility around the definition of ``consistently underperforming,'' yet your proposal does exactly that so help me. Why would you violate the statute of your proposed rulemaking and give a definition when the Every Student Succeeds Act prohibits you from doing so and requires you to leave that up to the States? Why did you do that? Secretary King. To be clear, in our regulation, ``consistently underperforming'' is defined by the State, using goals and targets that the State would set. Again, our role, we believe, is to try to gather feedback and input, which we did. And based on that input, we put forward a proposed rule that is now out for comment, but we were careful to comply with the letter of the law and ``consistently underperforming'' is left to States to define with their own goals and targets. Mr. Byrne. Well, I would ask you to go back and look at the rule because I think it does prescribe and I think you are setting yourself and the Department up for a lawsuit that you would lose. I am not going to file it, but somebody will. And you talked earlier about legislative intent. I am giving you legislative intent right now. You need to go back and look at your rule because it clearly violates the letter of the statute and prescribing. It needs to totally leave this up to the States and in any way that you prescribe to the States how they make that determination, you are clearly in violation of the statute. So I am asking you to go back and look at your rule, hear what a member of this committee that is a strong proponent of this law is telling you, and I think if you do, and you are a smart man and you are a fair man, if you go back and look at it fairly, you are going to see that you are in violation of the statute. I do not want you to be in violation of the statute. I do not think you want to be in violation of the statute. But when you have a consistent pattern of this administration and putting out regulations after they have been warned that you are in violation of the statute as written by Congress and then somebody has to file a lawsuit, here is what happens when a lawsuit is filed. You spend a lot of resources, the people that file the lawsuit spend a lot of resources, and every penny of those resources is a penny that did not go to educating a child. And I want, and I think you want, every resource we can bring to bear to educate children in this country. Somebody deep in the bowels of your Department or some smart lawyer that is working with you is taking you in a direction that the statute clearly prohibits you from going. And as someone that wants this to work, I am telling you, go back and look at your rule because I think you are in violation of the statute. Secretary King. I appreciate the feedback. We will look at the rule, but, again, I just want to underscore that States will set the goals and targets from which the determination of consistently underperforming will be made. Mr. Byrne. We are going to hold you to that and I yield back. Chairman Kline. The gentleman yields back. Mr. Rokita? Mr. Rokita. I thank the chairman. Thank you, Mr. Secretary. I want to continue on this line of questioning regarding your rules, but a different rule, supplement versus supplant. You recall that under the old SNS rules, supplement not supplant rules, that we differentiate between targeted schools and school-wide schools, and targeted schools have 3 specific tests and for schools that were less than 40 percent low income, correct? And the school-wide group was for schools that were more than 40 percent of kids--yeah, more than 40 percent schools. And you acknowledge, don't you, that under ESSA, the Every Student Succeeds Act, that the methodology for distributing State and local funds to schools is just to be fair and equitable without regard to receipt of Title I funds? So we got rid of the targeted test in ESSA and had the school-wide test for all of SNS. Secretary King. It is written with the core requirement being that the Federal dollars are, in fact, supplemental. Mr. Rokita. Right, but it is the school-wide test now applied for all SNS. Your rule has a methodology applied to it that calls for Title I schools to receive at least as much input in per pupil funding as the average amount of per pupil funding received by the districts non-Title I schools. So we specifically put prohibition in the new law that says you are not to apply methodology, yet you do. So how are you not in conflict, directly in conflict, with our legislative intent, similar to what Mr. Byrne was pointing out? Secretary King. So just to clarify on the timeline, so we have a proposed rule that was offered in negotiated rulemaking, feedback was given during negotiated rulemaking, the rule was suggested, and we continued to receive input and feedback and do not have currently a rule out for public comment, but-- Mr. Rokita. Does that mean that-- Secretary King. We anticipate issuing a regulation on this, but I just want to be clear that there is not currently a proposed rule that is out for comment. Mr. Rokita. They are negotiating rulemaking and you do realize that you are in direct conflict with-- Secretary King. So with respect to negotiating rulemaking, we do not prescribe the methodology. In fact, the methodolgy is left to districts, districts could use, for example, a weighted student funding formula approach. A district could use an approach that is based on the traditional assignment of staff model of budgeting, so we do not prescribe the methodology. What we were trying to do in the rule that was discussing negotiating rulemaking is ensure that districts are indeed using the Federal dollars in a way that is supplemental and not backfilling State and local responsibilities. Mr. Rokita. Do you agree that the only requirement we have in the Every Student Succeeds Act regarding the methodology and distribution of SNS funds is that the fair and equitable and agnostic as to a school's Title I status, that was the intent? I was in a conference committee and I helped write this law. That was our legislative intent. Secretary King. But clear history on supplement not supplant is-- Mr. Rokita. I am not talking about history, I am talking about this new law. Secretary King. Including in the new law, the language in the new law is quite clear on the notion that the Federal dollars will be supplemental and in order to-- Mr. Rokita. The methodology around that, the only requirement is that we have to be agnostic as to a school's Title I status and otherwise be fair and equitable. Secretary King. If the district is using the Federal dollars-- Mr. Rokita. Correct. Secretary King.--in a way that supplements rather than supplants local and State obligations. Mr. Rokita. But you understand that you are defining what ``supplement'' means, though, through the methodology that it be fair and equitable. That would take in the school-wide test and applying it to all of SNS. And in doing that, the only requirement is that a district's method for allocating State and local funds be agnostic as to the school's Title I status, agreed? Secretary King. Not if they are supplanting. I think there are two things. There is the question of the district's methodology, which is up to the district, and then there is the question of whether or not the Federal dollars are being used in a way that is, in fact, supplemental and that is the plain language of the statute---- Mr. Rokita. It seems like the Department and you, sir, are maybe using some comparability attempts to backdoor SNS, I mean-- Secretary King. No, because comparability is focused around services and with supplement not supplant, we are focused on the allocation of funds. Mr. Rokita. I do not think so. I think the CRS document-- are you familiar with Congressional Research Service's document? On that it explains how your supplement not supplant proposal is really a backdoor proposal to amend the statute's comparability provision, and they walk through legislative history of that provision during Congress deliberations on what became ESSA. And they said a relevant part, ``ESSA did not alter the existing statutory language and prohibits the use of staff salary differentials when determining expenditures per pupil from State and local funds. Nevertheless, the proposed regulations appear to effectively require LEAs to use actual teacher salaries for SNS purposes despite the fact that ESSA did not address it in this manner.'' And I have to yield back. Chairman Kline. Gentleman yields back. Mr. Walberg. Mr. Walberg. Thank you, Mr. Chairman, and thank you, Mr. Secretary, for being here, and the discussions to the questioning that is going on is important for us to do. Northwest Ordinance stated about education, religion, morality acknowledged being necessary to a good government and the happiness of mankind, schools and the means of education shall forever be encouraged. That is not in the U.S. Constitution. That is in the Michigan Constitution, taking high priority for the necessity of having schools and education encouraged so that people will be happy and productive. And so a discussion today as we have passed ESSA is really an attempt to roll back the power of authority, direction, control of the Federal Government, and to really give, as we have talked about at least in a bipartisan way, the front quotient back, the exciting quotient back, to educators in the classroom, school board members on the board, parents with means, and aspirations for their kids to know that education is a neat, beautiful, fun, and productive priority in civilization and that the greatest control will come from with the creativity from the local schools, teachers in the classroom, school boards, parents who love their kids, State boards of education. And so today as we are discussing this, it is becoming at least evident to me that this is a creative tension that we have when we have a powerful entity in the U.S. Department of Education, arguably wants to do right by kids in schools, but has a philosophical position to push and a pattern that has been developed over the years of, whether you believe it or not, we want to make sure that what we want to happen in our schools happen. That is human and I think the reason for our discussion today in this hearing is to say the priority goes back to the States and that is what our law did. So along with that, that would be a creative tension that we have and will continue to have and hopefully make it productive. To continue on similar questioning again and develop it further, Mr. Secretary, the statute requires States to assess 95 percent of students while protecting the right of parents to opt out and granting States the sole discretion for determining how the test participation requirement should be factored in the State's accountability system. In fact, the statute explicitly prohibits you from prescribing how the State factors the requirement into the system, at least as I read it; that your proposal requires States to take at least one of four prescribed actions against schools that missed the requirement. Your proposal also requires schools that missed the requirement to develop a plan to address the failure and requires school districts with large numbers of such schools to also develop an improvement plan. This may be indeed a laudable goal, but the law is a law, so let me ask you this question. Can you provide the committee the specific statutory language that gives you this authority? Secretary King. Let me first say, Congressman, as a former high school social studies teacher, I appreciate the quoting of the Northwest Ordinance. It does not happen often. Mr. Walberg. I am a Neanderthal, I guess. Secretary King. No, no, no, I appreciate it and I want to say I strongly agree with your point on importance of the flexibility in this law around the design of the accountability system and in the design of the interventions which is, I think, also an important area of flexibility for States. On the question on participation rates, we often-- Mr. Walberg. What is your statutory authority? Secretary King. Yeah, I just to make sure in your framing of the question. Mr. Walberg. I have 23 seconds, so. Secretary King. I will be quick. In the four options that are described in the regulations, one of them is for the State to determine how it will approach the enforcement. The other three are offered as means by which the State could enforce the 95 percent accountability requirements which is in the statute. And States could choose the fourth option, which is State- determined and that would go through peer review. So we were careful, as I have indicated before, to ensure that our regulations are consistent with the letter of the law-- Mr. Walberg. I still did not hear your specific statutory-- Chairman Kline. The gentleman's time has expired. Mr. Curbelo? Mr. Curbelo. Thank you, Mr. Chairman, and thank you, Mr. Secretary, for being here this morning. I want to especially appreciate the Department's focus on English language. It was a major priority for me and the reauthorization, and you have certainly made some comments with regards to ELL students here today, but I want to ask you today about students in foster care. The Department has been active on this topic in recent weeks and I have had two specific questions, the first on the proposed regulation and the second on the guidance issued this morning. The statute clearly lays out a process for school districts and child welfare agencies to develop an agreement for paying transportation costs for students in foster care who remain in their schools of origin. Contrary to that language, the proposed regulations require school districts to pay for transportation costs with no mention of the process established in the statute. Please explain why the Department ignored the statutory text and is proposing to require school districts to cover transportation costs. If you do not think the Department ignored the statutory language, let us know how this provision complies with the clear language in the statute. And again, I think this is an issue where the legislation, the intent is for States to have the flexibility to work this out with their own agencies, school districts, and child welfare agencies. Secretary King. So, importantly, I think the foster youth provisions of the law are very important. And it is clear that foster youth are at risk and part of the reason they are at risk is because they are often moving between schools. And so the evidence is clear that students are better served when they can have educational stability or where there would have to be transitions that those transitions are smooth. And the guidance that was issued today we not only describe our interpretation of the law, but we also offer examples of best practice around the country, including places, States that have set up very clear dispute resolution processes, but where the guidance points us towards collaboration between the LEA, the school district, and the child welfare agency to both ensure that they are evaluating the best interest of the students, and then creating a reasonable plan for smooth transitions and transportation where necessary. In the proposed rule, we are looking for feedback and comment and we expect to get it and the guidance. Again, what we tried to do was point to exactly what you were describing, the need for LEAs and child welfare agencies to work collaboratively. The proposed rule offers some more specificity on processes to resolve those disputes. We are looking for feedback and input, and we certainly appreciate yours. Mr. Curbelo. So you believe that, ultimately, States will have that flexibility where the child welfare agencies and the school districts can collaborate and figure out amongst themselves how the transportation costs will be addressed? Secretary King. I think the hardest question is if there is a dispute, ultimately, how will we ensure that the student has educational stability? And we try to offer a path in the regulation on which we are looking for feedback. And the guidance we try, just as you described, to underscore the importance of that collaborative relationship and also describe examples of effective dispute resolution processes that are in place around the country. Mr. Curbelo. Well, thank you, Mr. Secretary, and I strongly encourage you to pay attention to the feedback and this comment period because I think it is pretty clear that all over this legislation, we have been focusing on State flexibility, trusting States and local communities to make the best decisions for these kids. And I think especially when it comes to kids in foster care, which we all want to make sure that they have access to a quality education, we want to give the States the opportunity to figure out the solutions that work best for the kids in those States and in those communities. So thank you again for your presence and your time here this morning. Thank you, Mr. Chairman. I yield back. Chairman Kline. The gentleman yields back. Mr. Allen. Mr. Allen. Thank you, Mr. Chairman, and thank you, Mr. Secretary. It is good to have you here this morning. Mr. Secretary, ESSA requires schools with one or more subgroups performing at or below the level of all students and any school identified in the State's bottom 5 percent to be identified for targeted support. The statute then requires certain schools to be further identified for comprehensive support if they fail to adequately improve within ``State- determined number of years.'' And as has been mentioned several times before, ESSA also prohibits you from prescribing the methodology used by States to identify schools, yet your proposal requires schools I just described to be identified for comprehensive support within three years if they have not improved. How is this proposal consistent with the plain language of the statute which says the length of time is to be State- determined and the Secretary is prohibited from prescribing the identification methodology? Secretary King. Well, here the question is what happens if a school has been identified for targeted support and the subgroups are not making progress, so it is a bit different from the original identification. States will need to develop a process for how they will respond when schools are not making progress with those subgroups and the intention is that States will intensify their State-selected interventions based on evidence to ensure that those subgroups improve their performance. Mr. Allen. But again, the questions was, it looks like we have two methodologies here, the law versus the rule. And I did not quite understand exactly, I know the States are responsible for dealing with this particular issue, but your rule applies that the Federal Government is responsible for dealing with this particular issue. There seems to be a conflict here. Secretary King. I do not think so. I think the statute ultimately requires that States increase the intensity of the intervention when the intervention is not effective in improving subgroup performance and the regulations are trying to enforce that requirement of the statute. But again, these regulations are out for public comment. This is a place where we are interested in feedback from States and districts as well as civil rights groups and others. Mr. Allen. And that is important because obviously Congress writes the laws and, as you mentioned earlier, and what has amazed me in my short time here is, where we have intent on a law, that somehow it gets totally misinterpreted by the time it gets to one of the Departments. So I think it is great to have you here this morning and it is great to have this discussion, but I also think that we definitely need to follow up on these conflicts with the staff and our staff to make sure that we implement this law the way it was intended. And I yield back. Chairman Kline. The gentleman yields back. Mr. Courtney, you are recognized. Mr. Courtney. Thank you, Mr. Chairman, and I thank you, Mr. Secretary, for being here. And again, I applaud the chairman for holding this hearing, I think looking back at the 114th Congress, getting the ESSA done and signed into law I think is probably going to be viewed as one of the more unexpected pleasant surprises in a good way in terms of the accomplishment here. And as I am sure my colleagues have said, the action now has kind of migrated to the State level. And in Connecticut, there are working groups under the commissioner hard at work in terms of trying to, again, align State education policy with, again, the flexibility with some guidance from the Federal Government. So I just want to report to you that is full speed ahead in terms of what is going on there. One issue which I think is very important in the State of Connecticut is that as a result of desegregation lawsuits, Sheff v. O'Neal, Connecticut was, I think, very aggressive in terms of moving towards magnet schools as a solution to racial isolation, particularly in the city of Hartford, which I live about 17 minutes away from on the highway. And as the New York Times reported, there actually has been really encouraging progress made in terms of the magnet school model in terms of integrating--my daughter actually went to one of those schools that followed in the Sheff v. O'Neal, and I just can tell you that it was a life-changing experience. It is not something her parents pushed her into. She kind of found it on her own and so I personally would have liked to have seen us been a little more aggressive about helping promote magnet schools, particularly because the city of New London is now going all magnet and there is a provision that allowed transportation costs and some other expenses that make this still a bit of a challenge for local communities and States. And I am just sort of wondering, I never talked to you about your perspective on that and just sort of asked you how you see that approach, and at least the signals that the legislation sent out to be supportive. Secretary King. I mean, I am very pleased with some of the adjustments that were made to the magnet school program and in ESSA. I think that will help make it easier for communities to take a magnet school's approach. I would love to see us go further. That is why the President proposed the Stronger Together Initiative, which would be $120 million. That is in his 2017 budget to support locally led voluntary efforts around school diversity. And I think Hartford's magnet school program is, in many ways, a great national model that folks should take a close look at, both quality of options that are being offered to families that are diverse and the two-way feature of the Hartford approach, that students are able to go from suburban communities into urban schools and from urban schools into suburban communities. I think that is a very promising approach. We are also looking at how we can use other grant programs to encourage, again, voluntary, locally led efforts. And my hope is that some States will use the school improvement flexibility that they have under ESSA to pursue school diversity strategies because we know they can significantly improve academic outcomes, graduation rates, particularly for the students that are most at risk. Mr. Courtney. I appreciate your last comment there which is that the batting average for these new models has not really just been about sort of the racial composition of the student body. It is also about academic achievement and a number of magnet schools score higher than any other either private or public high schools and K-8 schools in the State of Connecticut. So again, I just want to again tell you a lot of us are rooting for the Department to continue that work in terms of promoting what I really think is a solution to the future success of this country using the magnet school model. And with that, I would yield back. Chairman Kline. Mr. Grothman? Mr. Grothman. Thank you for coming over here. When you were here in February, I asked you a question about teacher licensure and, more importantly, about teacher evaluation. We mentioned that in the Students Success Act, we believe that we prohibited you from any involvement in teacher evaluation systems. At the time I asked you about it, I said, ``Can we be confident now that those days are gone since that is what the new statute said?'' And you said, ``Yes, we are very clear that the law puts teacher evaluation in the hands of State and districts.'' Nevertheless, you have now come back with a regulation that states that your Department requires States to establish the definitionary (sic) guidelines for defining ineffective teachers. The proposal also requires States to annually identify the percentage of teachers in each category with its ineffective definition. Now, just on the face of it, this looks completely contrary to what you told us in February, not to mention completely contrary to what is in the statute. What is your statutory authority for this proposal? And if there is no statutory proposal, please explain how you expect the State to meet this requirement without establishing a teacher evaluation system. Secretary King. The statute requires States to provide information on equitable access to quality teachers. We require, in the regulation, for States to define those terms as they comply with statutory requirement to report on disproportionate access to those quality teachers. They could not report if they did not define those categories. Mr. Grothman. So you are going to assure us that you have no concern about how quality teachers are defined? Secretary King. States are required to put forward-- their definitions, and that would be a part of the-- Mr. Grothman. You are never going to question what their metric is? Secretary King. The proposal that they will submit as part of the State plan goes to peer review, which is not the Department, but it is other States and experts who will engage in peer review of the State plan. Mr. Grothman. Does the State of Wisconsin have to worry, regardless of what they use for teacher evaluation, that you will ever question that? Secretary King. Well, if they were not complying with the statute if they were not ensuring that students have equitable access to quality teaching. Yes, I would hope the future Department would ensure that the law is enforced. Mr. Grothman. You are kind of dodging this a little bit here. The question is, okay, the State of Wisconsin says such and such is a quality teacher, the question is are you ever going to question the definition of a quality teacher as defined by the State of Wisconsin? Secretary King. They have a set of terms that they have to define. For example, if they have teachers who are teaching outside of their license area, is it possible that in the future the Department might find that a State is evading their responsibility under the law to ensure equitable access to quality teaching? Yes, that is possible. Mr. Grothman. Obviously you collect tons of data, more data than I think you have any business constitutionally collecting, but nevertheless you do. As maybe you know, when I look at a lot of the problems in society, including problems of poor educational performance, I blame a lot of it at the breakdown of the family. And I just wonder when you collect data on all these students and you collect data on race, which I am not sure what that--do you collect data on family background of the kids? And if not, why not? Secretary King. There may be an IES study in which those kinds of issues are looked at, but I do not believe that ESSA has requirements around that. Mr. Grothman. I know it does not have requirements. I am saying in your tenure as Secretary, has there ever been a suggestion that maybe we ought to at least do a limited study on the family background of students and seeing if some family backgrounds are more conducive to educational achievement than others? Secretary King. There may be IES studies that address that. Mr. Grothman. I mean, you have just reams of data that you are collecting here. I just wonder whether you or anybody else in your Department has ever thought that might be an interesting topic to look into. Secretary King. I will look at whether there was an IES study in that subject and I will be sure that we get that to you. Mr. Grothman. Okay, I yield the remainder of my time. Chairman Kline. The gentleman yields back. Mr. Carter? Mr. Carter. Thank you, Mr. Chairman, and thank you, Mr. King, Mr. Secretary, for being here. We appreciate it very much. Mr. King, what I wanted to talk about was what the Department of Education has proposed with respect to backend checks on the weighing of indicators for State accountability systems. The statute that was passed in ESSA requires the States to establish the criteria that the schools must make to exit certain identification categories, but after having my staff read your proposal and after I read some of your proposals, it just seems like they go well beyond the scope of the statute by requiring those criteria to include improvements on the State's academic indicators. That appears to contradict what the statute's prohibition was against the Secretary prescribing exit criteria. Could you explain how you envision States and school districts implementing this portion of the proposal? Secretary King. Yeah, just to be clear again, we do not prescribe the weights or percentages for the indicators. The function of the backend checks is to ensure implementation of the statute, which requires that the academic indicators have substantial weight and then further requires that the academic indicators must have a much greater weight than the other indicators, so the backend checks are a way to do that. But as I have said, they are out for public comment and we look forward to reviewing the comment on those and I am sure you will get from States, from districts, from civil rights organizations, from parents, and others. Mr. Carter. Again, I want to make sure that the Department is not overstepping their bounds from what we intended for it to be through this legislation. Can you assure me that the Department is not going to go contrary to what is in the statute? Secretary King. Yes, we have been careful throughout this process to ensure that the regulations comply with the law. We also have been careful throughout this process to listen carefully to the feedback that we have received from stakeholders and will continue to do so. Mr. Carter. So you have received the feedback? Are you continuing to receive the feedback? Secretary King. We chose the areas for regulation and guidance based on feedback we received. We have had over 200 meetings, we have received comment from over 700 individuals and organizations. We held 2 public hearings in which there are over 100 folks who testified and we continue to gather feedback. Now, the accountability regulations are out and State plans and data reporting regulations are out for public comment. That public comment period closes in August and we will review the feedback that we have received. Mr. Carter. Have you reviewed any of it yet? Do you have any indication of what are the concerns? Secretary King. I mean, we had a very strong concern, particularly from the civil rights community and organizations that are focused on kids who are at risk, that enforcing the requirements in the law for what I would characterize as civil rights guardrails is critically important, including the language that says that the academic indicators must have much greater weight and substantial weight. Mr. Carter. Okay, I am just concerned, okay? I want to make sure that you are not overstepping the bounds by what we intended for it to be through this legislation and I want you to assure me and the committee that the Department's proposals, that they align with the statute and that we are not going to have you back here trying to ask any more questions about what is going on. I do not want another example of the Department of Education overstepping their bounds. Secretary King. I appreciate that. We are being very careful to ensure that the regulations that we propose comply with the law. Mr. Carter. Okay, fair enough. Just full disclosure, I want to make sure we are on the same page here of what the intent was and what it is that you are doing. Secretary King. Understood. Again, I want to underscore that we have been very careful that the regulations we proposed comply with the law. We also are being very careful to gather feedback and I want to make clear that these proposed accountability regulations are a draft that is currently out for feedback and we are going to listen carefully to the feedback we receive. Mr. Carter. Okay, thank you, Dr. King. Thank you, Mr. Chairman. Now I yield back. Chairman Kline. The gentleman yields back. Mr. Bishop? Mr. Bishop. Thank you, Mr. Chairman, and thank you, Mr. Secretary, for your time and your testimony today. Building on my colleagues' questioning, in particular the questioning by Mr. Allen and Mr. Carter, I just would reiterate what those others have said. I talk to educators and parents all the time. They are very concerned about the students' learning environments and are very attentive to this new law that we have passed, the ESSA. And they are skeptical in many ways because they do not believe that even though the law was written in such a way with such plain language and unambiguous language, that we will be able to implement it in a way that was intended. That government agencies tend to take liberties with whatever law is passed by Congress and we have seen that up and down the chain, not just in the Department of Education, but in other departments as well, in other agencies as well. So there is a bit of skepticism here and I am wondering, you have indicated that you have got the regulations out right now for comment. When you have completed those, are you prepared to come back in here with your final draft of those regulations to review them with us? Secretary King. I mean, I will certainly make myself available for committee meetings like this one. I think of this as a collaborative effort. I believe the law was passed through a collaborative effort between bipartisan leadership and Congress and the President and the Department, and we want to continue that collaboration. Mr. Bishop. In good faith, I think that is a wise position to take and one that I think is good for this committee as well as all of us have a sense of skepticism as to whether or not the law that we passed is the law that would be implemented. I have confidence that you are here today in good faith and I look forward to further dialogue. I had one specific question as well with regard to the ESSA, Mr. Secretary. It requires States to include the 4-year adjusted cohort graduation rate as an indicator in their accountability system. The statute also requires States to report annual data on the 4-year adjusted cohort graduation rate. The statute does not, however, require States to use the graduation rate when calculating which high schools are identified for comprehensive support based on low graduation rates. The statute leaves the calculation of the graduation rates for identification purposes, as Mr. Carter had indicated, earlier to the States. In addition, as you know, the statute prohibits you in particular from prescribing the specific methodology for identifying schools. How is your proposal that we discussed today that has been outlined consistent with the plain language, the unambiguous language of the statute in the prohibition against prescribing methodologies? Secretary King. The key with graduation rates is to have a graduation rate indicator that is present in all schools and the only graduation rate indicator rate present in all schools as required by ESSA is the 4-year graduation rate. That said the regulation provides for States' ability and their plan to create exceptions for schools that might serve new arrival English learners, schools that might serve students with very significant severe disabilities, schools that might serve students who dropped out and are now returning to school. But again, the 4-year graduation rate is the rate that is required for all schools to report under ESSA. Mr. Bishop. You believe when you are talking about the inception that you are speaking of--give you, despite the fact that there is a prohibition against prescribing methodologies, that fits within that exception that you are speaking of? Secretary King. Yes, and we are not prescribing the methodology, but we are using a data point that is available for all schools as the starting place for the State plan. Mr. Bishop. Okay, thank you, Mr. Secretary. Mr. Chairman, I yield back. Chairman Kline. The gentleman yields back. Mr. Thompson? Mr. Thompson. Thank you, Chairman. Mr. Secretary, when you testified before the committee in February, you said, ``The law rightly shifts responsibility for developing strategies to support the highest need students in schools to State and local decision-makers and away from the one-size-fits-all mandates of No Child Left Behind, and it creates opportunities for States to reclaim the goal of a rigorous, well-rounded education for every child.'' I could not agree with your words more at that point and I appreciate hearing that perspective, yet your proposal would require State accountability systems to provide a single summative rating for each school. How is this proposal not a one-size-fits-all mandate that will stifle State efforts to reclaim the goal of, your words, a ``rigorous, well-rounded education''? And can you commit to upholding your original commitment to this committee when you publish the final rule or are you veering away from that original promise that you made? Secretary King. We believe that the draft rule reflects that commitment. Again, we are going to take comment and try to respond to the comment that we receive. On the single summative rating, States have flexibility with how they would approach that. They could use an A-F approach as some States do today. They could use a numerical index as some States do today or they could use a categorical approach as many States do today. They will need such an approach in order to identify the bottom 5 percent of schools clearly, but we also require that States provide information to parents and teachers about all of the accountability indicators so there will be robust information about all of the accountability indicators. And this is a place, again, where we will take public comment and try to be responsive to the comments we receive. But it is clear that in order for the law to work, parents and educators and the community need to have a clear understanding of which schools are struggling and a need of more support and which schools are excelling and can be models of best practice. Mr. Thompson. I think the intent of Congress was very clear and, in the end, this is very bipartisan, as you know, as we finished. It tends to work that way in that process here through refinement and I think at all costs, we want to avoid a cookie cutter, a one size fits all. Does that really describe what No Child Left Behind became, especially in the outer years beyond the authorization time for it when it was allowed to continue? And we really, really need to make sure that we are providing that type of flexibility. And I think it really comes down to, and I have talked about this among my colleagues here, it is a question of trust and, in the end, members of Congress demonstrated in a bipartisan way, bicameral way, which is really unusual these days, a trust of the States and the local governing boards. And we expect that you will do the same thing and that your department will do the same thing to have that trust. I wonder, the recent issue came to my attention. Last week, your accreditation staff announced it was recommending to terminate the Federal recognition of the Accrediting Council of Independent Colleges and Schools, and the National Advisory Committee on Institutional Quality and Integrity is meeting right now to decide their independent recommendations. It is somewhat related, a little bit outside the ball park here today, but I just wanted to take the opportunity to ask you on this since you are here and I appreciate you being here. Now, these actions are only recommendations. However, as you have the ultimate authority to decide the fate of ACICS, as you know, the ACICS is one of the Nation's largest accreditors responsible for accrediting approximately 250 schools, serving 320,000 students, and terminating the recognition of an accreditor this large would be unprecedented. And, therefore, I am concerned that the Department is ill-prepared to respond to the potential impacts of this move. Is the Department prepared with a plan to assist goals if they lose accreditation? And does the Department have the capacity available to process a change of accreditation requests for schools that seek alternative accreditation? Secretary King. So as you indicated, there is a potential that I would hear an appeal in the ACICS case, so I cannot comment on the specifics of ACICS. I will say that the time that the recommendation was made by Department staff, we posted information for the institutions and for students about potential consequences. There is a process over the next several months for deliberation by Masiki for an appeals process and then there is a final agency determination on an accreditor, there is an 18- month period in which schools can seek an alternative accreditor and the information we posted provides details on that. Mr. Thompson. Should this go into a final recommendation by you then, you would certainly allow the schools to give him the sufficient time to find a new accreditor to make that transition. Secretary King. Yes, we believe that schools that are doing a good job by their students will be able to manage transitioning to another creditor in that 18-month period any time an accreditor were to lose its authority, not just specific to ACICS. But we can certainly have staff follow up with you on that information that we will provide. Mr. Thompson. That would be very good. I would love to talk offline with you about how schools are doing great by their students but some are having problems with their accreditors. Chairman Kline. The gentleman's time has expired. All members have had an opportunity to engage in the discussion. I want to thank you again, Mr. Secretary, for your time here today and your engagement with each of the members. I would underscore that there is a theme here that I am sure was not lost and that is that we put a lot of effort, bipartisan effort, a lot of struggle as you mentioned and included in the administration in getting the language of the statute very, very clear. And so we will continue to be watching. We would like to stay engaged with your staff as we go for it to do everything we can to make sure that the regulations that the Department is required to publish are not just sort of, like, semi-consistent with but exactly consistent with the lettering and intent of the law. So thank you very much. We are going to let you go back to work and start taking a look at all that feedback from those regulations and we thank you very much for being here today. Secretary King. Thank you. Chairman Kline. We will be seating the second panel here momentarily. Mr. Scott. Mr. Chairman, can we submit to the record a letter from the Tri-Caucus on accountability to the Secretary? Chairman Kline. Without objection. [Recess] Chairman Kline. Welcome to our second panel today. It is now my pleasure to introduce our distinguished witnesses and I recognize Mr. Guthrie to introduce our first witness. Mr. Guthrie. Thank you, Mr. Chairman. I appreciate it. Today I am going to introduce the Kentucky Commissioner of Education, Steven Pruitt, as a witness for today's hearing. In September of 2015, the Kentucky Board of Education unanimously voted to hire Steven L. Pruitt as Kentucky's sixth Commissioner Of Education. Commissioner Pruitt came to Kentucky with extensive background in standard assessment accountability. He started as a high school chemistry teacher in Fayetteville, in Tyrone, Georgia, and later served as a science and math program manager and director of academic standards with the Georgia Department of Education, and he was associate State superintendent for assessment accountability. Most recently, Commissioner Pruitt served as a senior vice president for ACHIEVE, a national nonpartisan, nonprofit education reform organization based in Washington. He is a native of Georgia, but he is a proud Kentuckian. And Commissioner Pruitt holds a bachelor's degree in chemistry from North Georgia College, a master's in science from West Georgia, and a doctorate from Albany University. I think he is sitting next to an Alabama Crimson Tide graduate so we will see how that works. Commissioner Pruitt and his wife are parents of two children and their son attends University of Colorado and their daughter is a high school senior attending public schools in Kentucky. And welcome to Washington, thank you. Chairman Kline. Thank you, Mr. Guthrie. I will continue now with the rest of the introductions. We would like to avoid any conflict down there. Ms. Cassie Harrelson serves as a math teacher on a special assignment with the exceptional student services for Aurora public schools in Aurora, Colorado. In this role, she built special education teachers' capacity to increase student math achievement through a student-centered instructional coaching model. Ms. Harrelson also serves as an affiliate faculty at Regis University where she instructs teachers on using formative assessments to support linguistically diverse students in their language acquisition. Ms. Daria Hall serves as the interim vice president of government affairs and communications with the Education Trust in Washington D.C. Previous to this, Ms. Hall served as the organization's director of K-12 policy development and worked as an analyst for the Texas Legislative Council in the Milwaukee office of U.S. Senator Herb Kohl, so quite a bit of geographical movement there. And Dr. David Schuler serves as a superintendent for a township high school in District 214, blue ribbon high school district, located in Arlington Heights, Illinois. Prior to this, he served as a Wisconsin teacher, coach, student activities and athletic director, principal, and superintendent. Dr. Schuler also serves as president for AASA, the School Superintendents Association. Welcome, all. Now, I ask our witnesses to please raise your right hand. [Witnesses sworn.] Chairman Kline. Let the record reflect the witnesses answered in the affirmative. Just a reminder in our lighting system. We will keep track of it right here. When you start your testimony, you will have a green light. When you get down to after 4 minutes, a yellow light will come on, please start thinking about wrapping up. When a red light comes on, please wrap up as expeditiously as you can. And then when you finish, members will have 5 minutes to ask questions and engage in the discussion. We will start with Dr. Pruitt. You are recognized for 5 minutes. TESTIMONY OF STEPHEN L. PRUITT, COMMISSIONER OF EDUCATION, KENTUCKY DEPARTMENT OF EDUCATION Mr. Pruitt. Chairman Kline, Representative Scott, and members of the committee, I would like to thank you for inviting me to testify today on the recent efforts to implement the Every Student Succeeds Act. As chief State school officer for the Commonwealth of Kentucky, I am excited about the future of education in our State under this new law, any opportunity to build on the significant progress that Kentucky has made to date. We have already started that work by engaging on a broad spectrum of education stakeholders. We have held 11 regional town hall meetings and one virtual town hall with a total participation in excess of 3,000 people. Kentuckians have told us what they value in their schools and how they define schools' success. We have listened and we are using those comments to shape our work under the ESSA. The alterative promised by the ESSA is a welcomed departure from the prescriptive nature of No Child Left Behind and I appreciate the continued focus on closing the achievement gaps. In Kentucky, we are working to move all children to higher levels of learning while also determining the root cause of achievement gaps which we believe stem from opportunity gaps and access to rigorous, high-quality learning opportunities. I commend the U.S. Department of Education for its quick response in drafting regulations and releasing them in a timely manner for public comment, but when one examines these regulations, they contain so many restrictions and requirements, State choices remain severely limited. The proposed regulations stifle creativity, innovation, and sovereignty of States to govern their own education policies. Additionally, the volume of complex regulations are in direct opposition to Kentuckians' desire for a simple system that provides a broad view of scope performance. Implementing a new accountability system is a monumental task. Despite our best efforts, I am concerned about the timeline and the State's ability to implement a new quality system that takes full advantage of ESSA. While we understand accountability under the new law would start at the beginning of 2017-2018, the proposed regulations would require using data available in 2016-2017 generated under the current accountability system to identify schools for comprehensive support and improvement, possibly even prior to U.S. Ed's approval of the new system. As a result, schools will not accurately be identified. We would suggest continuing the support, the concurrent priority schools, through the 2017-2018 school year and identifying new schools for the 2018-2019 school year based on the measures of the new system. I believe that is the intent of ESSA. While the proposed regulations claim to replace NCOB's narrow definition of school success, requiring a single summative score goes beyond what the statute calls for. The proposed regulations limit States' ability to take a dashboard approach which is broader, fairer, and a more accurate representation of school performance and more likely to lead to school improvement. In Kentucky, we found that a summative score leads to ranking and creates an unhealthy sense of competition rather than collaboration that supports school improvement. We also found in some instances it becomes more about adults chasing points and trying to game the system to manage the appearance of performance, rather than actual performance. Finally, I am concerned that the U.S. Ed's recent regulatory proposal in Title I supplement not supplant will exceed the statutory authority under ESSA and will promote harmful consequences for students. So when the Department publishes its proposed rule of supplement not supplant, I urge you to review it closely and encourage that it informs and conforms to congressional intent and avoids the unintended negative consequence promoted by the Department's earlier proposals in this area. There are many other points in the proposed regulations that I have addressed in my written comments and that Kentucky will be addressing in its formal comments submitted to U.S. Ed. Now more than ever, what States need to implement ESSA is honest two-way communication, consistency, and to be trusted to make good decisions. We need a commonsense approach that supports a quality system of assessments, accountability, and school improvement measures that will be implemented with fidelity and will promote doing what is right for students. However, a compliance mentality prevails. For example, even though our NCOB waiver allows Kentucky to give a no reference test in science, recently U.S. Ed told us that the science test was not aligned with the current-- required to give a science test not aligned with current academic standards and the poor performance levels that are not truly reflective of student learning or we must face consequences in order to meet the compliance element. I could not in good conscience comply with this and as a result, we have been placed on condition for our Title I, Part A, and IDEA Part B Federal fiscal year 2016 grant awards all because we wanted to do what was right for students and not waste money on a meaningless test. We have now quality tests that are scheduled to be implemented in the same year as the ESSA. Kentucky is committed to fully realizing the congressional intent of ESSA. If this is all true and this represents a new day in education for America, States must have the support to take action based on quality and what is best for students and move away from compliance mentality. The Commonwealth of Kentucky looks forward to revised regulations that empower States with the freedom to plan, innovate, design, and implement quality education systems that will ensure opportunities for all students and promote the pillars of equity, achievement, integrity within the education policy in Kentucky. As a final reminder, quality implementation is critical and I would remind you that no great education initiative ever failed in the vision stage. It failed in the implementation stage. [The statement of Mr. Pruitt follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairman Kline. Thank you. Ms. Harrelson, you are recognized for 5 minutes. TESTIMONY OF CASSIE HARRELSON, MATH TEACHER, AURORA PUBLIC SCHOOLS, AURORA, COLORADO Ms. Harrelson. Okay, thank you, Chairman Kline, and members of the committee, for inviting me to join you today. My name is Cassie Harrelson and I am currently a math teacher on a special assignment working with special education teachers in Aurora public schools in Colorado. In my role, I am in classrooms daily, collaborating with teachers to best support students with disabilities. My entire career in education has been spent working with students who are behind their peers on grade level academic standards. I have also worked in diverse environments from Aspen, one of the State's top performing to Aurora, which will enter its fourth year of a priority improvement plan later this summer. Students at my school district speak over a 130 different languages and our free and reduced lunch is at 71 percent. Every child, regardless of family income, ethnicity, or home language deserves to attend a school with opportunity. This belief is what drives me daily. It is also why I am here today to speak on the promise of ESSA and not only for our students in Colorado, but across the Nation. NCOB had its strengths, such as the use of disaggregated data to help problem-solve around closing achievement gaps, but it was a one-size-fits-all approach that did not work for my students. The passage of ESSA last December offered a new promise, an explicit shift from the top-down NCOB style decision-making to bottom-up State and local control. Finally, educators closest to the students they teach would determine how to best help students succeed. ESSA offered flexibility at the local and State level and required engaging stakeholders to assess community assets and challenges to drive score improvement. We were also promised relief from NCOB's excessive focus on standardized testing that was not timely or meaningful to educators or students. In order to ensure the appropriate intersection of local, State, and Federal policy that is best for our students, all stakeholders must be engaged, including educators, students, parents, and community members. As strong as I feel the legislation is about giving local leaders back their voice and the accountability process, I am worried that extensive areas dictated under the proposed Federal regulations take away my voice. For example, the accountability regulations tell us that Colorado must have a summative rating system with three levels of proficiency overall and with each subgroup of students. I know this requirement is nowhere in the law and something we were supposed to decide at the State level. The proposed regulations also seem to upset the balance to find legislation and return the focus to standardized tests by diminishing the importance of the student and school support indicator. We shift back to a failing system that is overly focused on tests as opposed to truly helping students achieve. As an educator in a school with a high number of English language learners, I am also concerned about the proposed regulations that set expectations for attainment of English language proficiency within a period of time after students' identification. This timeframe should be determined by educators, not an arbitrary number. In Aurora, some English learner students arrive with comprehensive educational backgrounds, but some arrive with interrupted or limited formal schooling. We must respect educator discretion on this issue. Finally, I am concerned about the proposed regulations that dictate consequences for districts that fail to meet the 95 percent requirement for testing. While the law retains the requirements to ensure that students are participating in the test, the proposed regulations go beyond by dictating the actual consequences that schools must face. Instead of punishing districts, we should be helping districts find solutions to solve the lower participation rate and our assessments. And again, how to handle lower test participation rates was supposed to be determined at the State level and once again the Department is taking away that opportunity. I ask that you honor your commitment to our students and ESSA by respecting the legislation to include educator voice at the local and State level as we know our students best. It is time to get those with actual teaching experience the opportunity to have a say. This work ahead of us is extensive but imperative so that every child, regardless of family income, ethnicity, or home language has an opportunity to attend a great public school and succeed. [The statement of Ms. Harrelson follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Rokita. [Presiding] Thank you for that. I realize by the look in some of the witnesses' faces that I probably should introduce myself. I am Todd Rokita, chairman of what we colloquially call the kindergarten to 12th grade subcommittee on education, so welcome to each of you. Ms. Hall, you are recognized for 5 minutes. TESTIMONY OF DARIA HALL, INTERIM VICE PRESIDENT, GOVERNMENT AFFAIRS AND COMMUNICATIONS, THE EDUCATION TRUST, WASHINGTON, D.C. Ms. Hall. Thank you, Chairman Kline, Ranking Member Scott, and members of the committee. Thank you for the opportunity to share my perspective on implementation of the Every Student Succeeds Act. This perspective is informed by the Education Trust's long history of working alongside educators, advocates, and policymakers to close gaps and opportunity and achievement. Let me begin as we always do at the Ed Trust with some data. In the year since we have had Federal requirements for annual testing, full public reporting, and serious accountability for the results of every group of children, results in the national assessment of education progress and high school graduation rates are up, especially for low-income students and students of color. Now, of course, policies themselves do not close gaps and they do not raise achievement. Only the hard work of educators, students, and families can do that. But smart policy is a source of urgency to address problems that would otherwise languish and it is critical that we do not lose that urgency because, despite gains in the data, the data is also abundantly clear that far too many young people are still not getting the quality education they need and deserve. So what does this all mean for ESSA implementation? In short, we need to pick up the pace of improvement, not back off. Thankfully, the law you crafted contains a number of important levers that can help with that, including statewide standards and assessments aligned with the demands of college and the workplace, accountability systems that expect more progress from groups of students who have been behind and prompt action when any group is struggling, and rich public reporting on academic outcomes, and opportunities to learn for all groups of students. Implementing these levers must be done in a way that is responsive to unique State and local contexts and in a way that builds on the insights of educators and communities. But the need for State and local decision-making does not mean that from now on the U.S. Department of Education should simply recede into the background. Indeed the Department has the authority and the responsibility to ensure that the equity goals of ESSA are honored. I will note here that the consensus reached on the assessment regulations during the negotiated rulemaking process is an important example of both confidence in the regulatory process and the need for clarification with the statute. Looking to the Department's proposed regulations on accountability, public reporting, and State plans, they clarify and bolster the law's equity provisions in many important ways including the requirement that all indicators in the accountability system be desegregated by each group of students so schools cannot sweep the performance of some students under the rug; clarity that supergroups cannot take the place of individual student groups so progress among one group cannot match stagnation or declines for another, the prioritization of academic outcomes so the main purpose of schooling stays in focus; the expectation of full participation in State assessments so schools cannot return to the old practice of opting lower performers out on test day; and the requirement that all schools receive a summative rating so parents get an at a glance view of school performance. Now, it is important here to dispel this emerging narrative that we can have either summative ratings or rich public reporting through dashboards, but not both. That is simply not true. Summative ratings can and should exist alongside rich public reporting of all of the data that goes into the ratings and measures beyond those ratings, too. There are also areas where the proposed regs must be improved. For example, the definition of consistent underperformance for subgroups is essential to assuring that struggling students get the support they need, but some of the options for this definition undermine the expectation that when any group and any school is not making process, those students must get support. Instead, the option signal that it is okay to act only in some schools where students are struggling and leave students and others to languish. The importance of rules to clarify and bolster ESSA requirements has been made clear. In recent months, States have begun their implementation efforts. Already, there have been suggestions that would undermine the intent of the law, such as including indicators that cannot be disaggregated or using supergroups in place of individual student groups. We will work alongside partners in the business, civil rights, and disability communities to remain vigilant in ensuring the equity provisions of the law are upheld and we urge leaders in Congress and the Department to do the same. Thank you. [The statement of Ms. Hall follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Rokita. Thank you, Ms. Hall. Mr. Schuler--excuse me, Dr. Schuler, you are recognized for 5 minutes. TESTIMONY OF DAVID R. SCHULER, SUPERINTENDENT, TOWNSHIP HIGH SCHOOL DISTRICT 214, ARLINGTON HEIGHTS, ILLINOIS Mr. Schuler. Thank you very much. I would like to extend my deep appreciation to Chairman Kline, Ranking Member Scott, and the entire Committee on Education and Workforce for your tireless work to complete the reauthorization of the Elementary and Secondary Education Act. This new law holds States and school districts accountable while still allowing significant flexibility. Tight on goals and loose on means is a well-researched philosophy that correlates positively to student achievement. Under SO, the role of the Federal Government is one of supporting and strengthening our Nation's public schools, not prescribing and dictating to us, and as it realigns the balance of authority so that the Federal Government can maintain it is appropriate limited focus on closing achievement gaps while empowering State and local education leaders to make the day- to-day decisions that most directly impact the school systems we lead. State and local education agencies now have an opportunity to examine schools with the inclusion of a nonacademic indicator. This represents a dramatic shift from the NCOB focus on snapshot testing to a more comprehensive, well-rounded system to assess school quality. In February, at the National Conference on Education, AASA, the school superintendents' association, launched a new research-based multi-metric initiative to redefine what it means to be college and career ready, called ``Redefining Ready.'' That could have never happened under the waiver process or NCLB. Under ESSA, you have given us permission to dream and lead and transform public education in this country, and we will do just that. I applaud the Department's proposed regulation leaving the end size determination to the States. I would say that I am concerned about the proposed regulation regarding the 2-year timeframe for States to identify consistently underperforming schools as statutory language in ESSA states that decision should be made at the State level. It is my belief that the determination of a timeframe should be made as part of a broader context of the State accountability system. I am equally concerned about proposed regulation 201.8 that requires a State plan to include one summative rating for at least three distinct rating categories for each school. ESSA does not require each school to be rated by a single indicator. States should be allowed to create balanced accountability systems and move away from reducing our schools and teachers down to one single letter or number. Another concern I would note is the proposed regulation that would require States to identify schools in need of support or improvement for the start of the 2017-2018 school year. States are just developing their implementation plans now. How can schools be held accountable this coming school year for metrics not yet developed. I would suggest that it is unfair to students, teachers, parents, and our communities to be judged and rated by unknown metrics. While I am very pleased that the proposed regulations did not attempt to define much more than regarding the weight of academic indicators and nonacademic indicators, I do have a concern with the extent to which the proposed regulations include restrictions that indirectly ascribe weights to those academic indicators. While I strongly support the right of students in foster care to have transportation to their school of origin, I do oppose the proposed regulation regarding the transportation of foster children. The Department's proposal deems that when it comes to transporting children in foster care, if the child welfare agency in the district cannot reach an agreement, it is the district's responsibility to cover transportation costs. In these challenging fiscal times, it is deeply troubling that this proposal would create a new financial burden for many districts, especially in a manner that at such direct odds with what ESSA requires. ESSA's carefully crafted statutory language requires a collaborative approach between child welfare agencies and LEAs, and provides that if there are additional costs for transporting students in foster care, the district will provide transportation for the child under three specified conditions. I believe the proposed regulation is in direct conflict with the statutory language of ESSA that was negotiated in a very collaborative and purposeful manner, and I would suggest that there is really no need for the regulation as the statutory language is very clear. I would note that I have strong reservations about the Department's proposal regarding supplement not supplant. I am concerned that the proposal being advanced by the Department blurs the lines between two distinct but equally important statutory provisions. Supplement and not supplant and comparability, both target at maintaining the integrity of Title I dollars. Finally, I would urge the Department to use restraint in issuing regulations, but playing a critical role in supporting State and local implementation of assets through the sharing of best practices and technical assistance. The sheer volume of new practices, programs, and approaches that State and local education agencies will be considering and adopting means that States, schools, and school districts will need a clearinghouse to share what is working, what is not working, and what we learned along the way. Imagine the Department being a repository for what is working in our Nation's schools in regards to career pathways, coding, closing the achievement gap, grade level readiness, a digital curricular transformation, resource efficiencies, and other issues facing U.S. schools. America's teachers and school district leaders will not let you down. I applaud the committee's work on ESSA and am confident that our public education system will be better as a result of the Every Student Succeeds Act being the law of the land. Thank you. [The statement of Mr. Schuler follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Rokita. Thank you, Dr. Schuler. I would like to start with you, recognizing myself for 5 minutes. You are hitting on your last comments there on something that I was trying to get out of Dr. King, but I myself ran out of time in the questioning, and that is using SNS as a backdoor to comparability to come in. You mentioned that just now in your testimony, Can you go into some more detail there about your concerns? Because you remember that in the Every Student Succeeds Act, we specifically said our comparability formulas or intentions were not changing from the old law to the new law, yet they want to change comparability it seems. Mr. Schuler. It is a concern because comparability allowed us the opportunity to not have to focus intently on ensuring salaries, were included as part of the supplement and not supplant. Mr. Rokita. Mm-hmm. Mr. Schuler. And so we cannot dictate who applies to our schools. And so if that regulation ends up really happening, the end result of that will end up being forced transfers and that is a huge concern. Mr. Rokita. Forced transfers because isn't it true that the most significant part of any school budget is personnel cost? Mr. Schuler. Absolutely. Mr. Rokita. So if you are going to balance that through comparability, then you are transferring teachers from one school to the other? Mr. Schuler. Correct, which may not be a good fit for that school. Mr. Rokita. Why not? Mr. Schuler. Because you could have a school, let's say, when I was superintendent in central Wisconsin, I had a school that was an elementary school, Title I, focused completely around technology. The skill sets of the teachers in that school looked very, very different from a traditional elementary school. Mr. Rokita. Mm-hmm. Mr. Schuler. And as a result, the people that applied to be in that school setting had a very specific skill set. If I would have been forced to ensure that the salaries of all of my elementary schools for Title and non-Title would have been the same, I would have been forced to move people with the skill set I needed in that school out-- Mr. Rokita. Right, or hurting the Title I students that are supposed to be helped by all this. Mr. Schuler. Correct. Mr. Rokita. So your testimony is that the Department's proposal here is actually going to--it has a strong potential of hurting low-income students that Title I is supposed to help? Mr. Schuler. It definitely could. Mr. Rokita. Yeah. Ms. Harrelson, thank you for your testimony as well. Ms. Hall talks about the ability to have summative indications as well as the retrieval of rich data as well. You were sort of negative on the summative aspect of the data collection. Can you go into more detail there? Because I agree with you. Ms. Harrelson. So you are asking on data collected on students? Mr. Rokita. Yes, and use your microphone, please. Ms. Harrelson. Okay, you know, I think that we have to be cautious of the data that we are looking at, and a lot of times that when we are looking at some of the summative measures, they are not fully aligned to what is actually happening in our schools because of the nature of some of the standardized assessments that we were using so-- Mr. Rokita. Could you give examples? Ms. Harrelson. Some examples? Mr. Rokita. Yeah. Ms. Harrelson. Well, if you look at some of the assessment items that are used on tests that were allowed to create standardized assessments, they do not always get at that rich understanding that we really want to see that kids are showing, so I support, as a teacher, more of a formative local level type of assessment where teachers can really use that to guide next instructional steps. And I just always err to being a little bit cautious that a lot of the data that we receive from these assessments really cannot be used to guide instruction and improve outcomes, so we have to be really cautious of too much emphasis on that. Mr. Schuler. Thank you, Ms. Harrelson. Dr. Pruitt, you were critical in your testimony of the accountability proposal proffered by the Department. Do you want to go into any more detail there? One point specifically, were you witness to the--not a witness on, but were you witness to the first panel with Dr. King? Mr. Pruitt. I was. Mr. Rokita. Do you want to comment on that panel at all in terms of accountability systems or supplement versus supplant or anything else you observed? Mr. Pruitt. I think it would be fair to say that his interpretation of some of his regs are different than ours. I think-- Mr. Rokita. ``Ours'' being who? Mr. Pruitt. Ours in Kentucky in particular. Of course, we have been supported by the Council of Chief State School Officers as well. We have had a lot of conversations but for us around the accountability in particular, it is easy to say, of course, 2017-2018 will be the first year because that is what ESSA requires. However, actually the fact that we have to identify schools in 2016-2017 for 2017-2018 means that you actually are perpetuating the old system for at least another year. We in Kentucky actually have two schools that because they were caught in that same issue when our waiver went through, we have two schools that are at the same time listed in our top 5 percent and bottom 5 percent because the systems were significantly enough different. And what it does is it creates a distrust of the system itself which means that people really do not pay attention and we do not see the kind of movement that we really need to see. Mr. Rokita. Thank you and final question. Do you have any reason to believe that Dr. King or the Federal Department of Education know you or your kids better than you do? Mr. Pruitt. Absolutely not. My kids are my kids. Mr. Rokita. Mr. Scott, you are recognized for 5 minutes. Mr. Scott. Thank you, Mr. Chairman. I guess this is for everybody. I just wanted to know if there is any situation where it would be good policy to withhold school improvement resources and technical assistance to help improve a school just because a school is actually improving one school climate equality indicator, but is still failing to perform for the children? Should we be able to withhold school improvement resources? Anybody think that we ought to be able to withhold school improvement resources just because they may be improving on one, but failing on many others? Ms. Hall, on the participation rate the statute requires a meaningful factor. Assessment participation rates requires States to meaningfully factor in assessment participation rates for their accountability systems. How do you require a school-level consequence if they miss their participation rate? Ms. Hall. Absolutely. I think it is important to remember why that requirement is there in the first place, because of the value of the statewide annual assessments is to provide a common measuring stick that applies for all students across classrooms, schools, and districts. If we do not have full participation either because students are opting out or because, as history has shown, schools are opting out low performers on test day, we undermine the value and credibility of that information. When it comes to ensuring that test participation is clear in the school accountability system, it can happen in a number of ways, including making that clear in the rating as a school that was previously going to get, for example, an A could become a B. There are options that are allowed for States, but I believe that it is incredibly important to make sure that the value of the information in the accountability system is not undermined by having only some of the students participate in the assessment and if there is low participation, that must be clear. Mr. Scott. Thank you. Mr. Pruitt, you have been working on accountability equality and equity and made the point that just calculating a summative score does not spur improvement. How can you use--well, two things. One, how do you ascertain the bottom 5 percent that have to be addressed and how do you use the assessment to actually spur improvement? Mr. Pruitt. So I would say to your second question first, the reason I am in support of a dashboard is that it actually allows us to desegregate what I would consider school behavior, so we disaggregated student achievement in the past with No Child Left Behind and that was absolutely fantastic. In doing so, we allowed schools to sort of hide other things, in particular not guaranteeing a whole, well-rounded education for all students. So for me, the dashboard allows us to actually take a look across. And I realize that with our school report cards we have had extra data other than the summative score, but in Kentucky, people do not look past the summative score. They look at that and sure they can say you are better than 80 percent of the other schools, but what is it about that really means that you need to be improving? And for me, a dashboard really casts a spotlight on assuring that we are actually focusing on the right things. It is more of a laser-like focus to ensure that we actually see improvement as opposed to a scattershot approach. As to the bottom 5 percent, this is where I think the States actually meet that opportunity for us to be able to make that determination. For us, I have got 166 people on eight different committees who are focused on building a completely new system. And part of that is us determining how we would actually identify that bottom 5 percent in a way that holds people's feet to the fire, that ensures that kids are going to graduate literate, numerate, and that they have a well-rounded education. But, at the same time, I think that we are at a point, in Kentucky anyway, where we need a little bit more of an innovative way to do it than just simply applying numbers to it. Mr. Scott. Thank you. Mr. Schuler, you have suggested that a multi-metric accountability system is important. The ESSA encourages that, so I want to ask you what the draft regulation, including guardrails, to ensure low performance of traditionally underserved students is not masked, to make sure that your overall score does not mask the subgroups. What multi-measure system do you envision with a low- achieving subgroup but a high graduation rate, for example? How do you make sure that you are not submerging the underperforming group? Mr. Schuler. That is a great question. That is one of the things I love about the system that we have developed and the use of the dashboard as well. You develop the architecture of your dashboard for each different indicator, including graduation rates, grades, success in algebra II, for example, because we know that is such a gateway course. You build all that up and as you populate, you can desegregate by each student group per variable. That is why it gives you such a more well-rounded comprehensive understanding of what is happening in that school. And then, if you still have your annual test, if those lines are going in the same direction and both up, that tells you one thing. If they are both going down, it says the States are really going to need to engage. And if you are going in opposite directions, we really need to dig into that date and see what is going on. So I love the idea of developing that multi-metric approach that--research-based, but then populates the dashboard that allows really to drill down into the data to improve instruction opportunities for kids. Mr. Rokita. I thank the gentlemen. The gentleman's time has expired. Dr. Foxx, you are recognized for 5 minutes. Ms. Foxx. Thank you, Mr. Chairman. I want to give a very strong thank you to our practicing professional witnesses here today for your strong, positive commitments to educating the young people in their purview. I think it comes across very, very strongly that you care, that you understand the subjects, and that you are really committed to serving the children that you serve, so it is so refreshing--it is not refreshing, it is great to hear it. I hear it a lot when I am at home from people in your same position, so I know there is a lot of good going on in education in this country. And the good that is going on is being done by people like you, and so I appreciate you very much. Dr. Schuler, I want to ask about the foster care regulations you raised in your testimony. I know Dr. King said the Department has also released guidance on that subject just this morning. Could you talk more specifically about the current process between school districts and child welfare agencies and what impact that the Department's proposal would have on you? Mr. Schuler. Yes, so thank you for that question. And I have not obviously had a chance to see what came out this morning, but right now what happens is we sit down with the child welfare agency and we engage in a conversation about how can we best serve the needs of that child. The concern with this regulation is it really precludes the child welfare agencies from being compelled to participate in that conversation because at the end of the day, if they do not support, we are going to have to come up with the money. And did I think back to my first superintendents outside of Madison and I had a student homeless under McKinney-Vento, very appropriate, we had to provide transportation. I was in a very, very small district outside of Madison. The student's home district was Milwaukee. I paid every day for students to be transported, over an hour and 15 minutes one way, back and forth. And in that district where I had 80 teachers at the end of the year, that total cost was over a teacher. And so I am very concerned about the impact that this proposed regulation could have, especially on brothers and sisters, colleagues of ours, and smaller rural districts. Ms. Foxx. Now, thank you very much for that response. Dr. Pruitt, in your written testimony, you talked about the restriction the Department was proposing to place on State flexibility to define ``consistently underperforming''. I think it is pretty clear you have been talking about this already in the State of Kentucky, but would you expand on that just a little bit? Mr. Schuler. Absolutely. As some of my colleagues here have even already mentioned, the fact that we have been so focused on math and reading for such a long time and not to say that we still should be, but at the same time there are other factors that are equally as important. For me personally, and I think we are hearing this more and more in our State, it is the issue of opportunity. So for us, when we look at our persistently low-scoring schools, yes, we need to look at the math and reading scores, but we also need to see what they are offering. The days of offering algebra I, algebra I lite, and algebra I low carb need to end. We need to actually start guaranteeing every kid is getting the education they need and that every kid is actually getting a level of expectation that will only serve to help them be successful. So for us, I want us to be able to really have an open playbook where we can say, you know, your kids are doing horribly in achievement, but I think we are going to find some that are doing decent in achievement, but they are doing horrible in what they are offering, especially our underserved populations. So I want to have more of that latitude that we can really take a good hard look at that school behavior that I mentioned earlier and guarantee that every kid is getting the offering of high expectations and education that they deserve. Ms. Foxx. Thank you very much. For anybody who is taught, we all know that it is so important to teach at the level that the students are able to perform or at least, I mean, that is what we understand. And Ms. Harrelson, I want to make a particular thank you to you for being a math teacher. Every time I meet great math teachers, I say you are worth your weight in gold. We need a lot more of you in the schools, so thank you for doing that as well as having such a well-rounded perspective. I yield back. Mr. Rokita. I thank the gentlelady and associate with her remarks. Ms. Bonamici, you are recognized for 5 minutes. Ms. Bonamici. Thank you very much, Mr. Chairman, and thank you to all of the panelists. I want to align myself with Dr. Foxx' comments about your commitment and I can sense that as well. Your commitment to education and your commitment to making certain that the Every Student Succeeds Act is implemented in a way that does provide that opportunity to all of our students. I am not an educator, but I spent 16 years as a very involved public school parent. It got to the point where my kids said, Mom, do you always have to be at school? But I had the opportunity to spend a lot of time volunteering and then served on our State legislature on the Education Committee and then came here to Congress where I find myself still going back to school on a regular basis and visiting and talking to students and teachers. And Ms. Harrelson, in your testimony you talk about providing relief from extensive time focused on standardized testing and use of assessment to guide meaningful instruction. I cannot tell you how many times I heard that over the years since No Child Left Behind passed and that focus on testing. But the high stakes associated with the testing were what I saw as incredibly problematic and I share in your hope that the new education law will spur better use of assessments, fewer and better assessments. I worked very hard to get a provision in the law to allow states and districts to eliminate duplicative tests and give educators more time to plan and design instruction based on data from high-quality and timely assessments. So, Ms. Harrelson, can you discuss how the Department and State leaders and local school districts can work together to make sure that assessments do provide useful information to teachers and families, including the statewide assessments that were authorized in the legislation by partisan members of Congress? And then I am going to ask Ms. Hall to respond to that as well. Ms. Harrelson. Okay, so I have had the privilege of working on some of our former assessments and I do think we started out with the idea of making sure we really have educators involved in these conversations. And this goes at the local, the State and the Federal level, so I think it is really important that we continue to really look at how we are developing our assessments because it is really educator voice that really narrows kind of what this actually looks like in the classroom and the type of information we would want back to be looking at how we are doing. Ms. Bonamici. Thank you. My State of Oregon is a pretty early adopter of adaptive testing in America. There is a tremendous potential there. Ms. Hall, you want to discuss that as well? Because I share your perspective, it is important to assess students. We just need to make sure we are doing the right thing with those assessments. Ms. Hall. Absolutely, and I will start by saying we appreciate your leadership on efforts to support States and to confirm States to audit assessments and eliminate low-quality, duplicative, unaligned assessments. We know that there are too many assessments in some of our districts right now and that is a waste of money and, worse, it is a waste of time both for teachers and for students, and we appreciate your support on that. That said, it is important not to go too far, right? We do need that consistent measure from an assessment that is aligned with State standards to be able to tell educators, tell parents, to tell policymakers how every student is doing relative to State-set standards and that allows to identify both of those students, those schools, those districts that are struggling to target resources and support to those areas. It also allows to identify consistently students, schools, districts that are doing an exceptional job, particularly with low-income students, students of color, English learners, and students with disabilities. Those are areas that we both need to celebrate and we need to learn from because they are getting the kinds of results of all students through high levels that is the goal of all of our work here. Ms. Bonamici. I do not mean to interrupt here. I want to get another quick question in. Dr. Pruitt, I want to talk about the alternative diploma for students with the most significant cognitive disabilities. The alternative diploma described in ESSA has some very specific requirements. Our intention is not to pigeonhole students into alternative diplomas, but to provide a pathway to meaningful diplomas. So how does your State plan to develop a high-quality pathway for the students with the most significant cognitive disabilities and will you be working to prevent this pathway from becoming a loophole that prohibits students with disabilities from achieving a regular diploma? Mr. Pruitt. Yeah, absolutely. We have to protect our students that are most vulnerable, but we also need our diplomas to mean something. I do not want to ever have a child walk a stage in Kentucky and get a diploma that is not even worth the paper it is printed on, so we are going to work really hard with our special ed community, our exceptional children community, our civilized community to put some pretty hard places in there to say this is exactly what we are expecting with these diplomas. We will work really closely with our districts, but we are going to do our level best to ensure that nobody can game the system in such a way that the adult gets the benefit when the student does not. Ms. Bonamici. Thank you. My time is expired, but I am going to follow up with Dr. Schuler in writing about the transportation of foster students. Mr. Rokita. Mr. Guthrie is recognized for 5 minutes. Mr. Guthrie. Thank you, Mr. Chairman, I appreciate it, and thank you all for being here. First of all, let me point out that when we are talking about and discussing this, the three people that have concerns with the rule are practitioners and public education. They are not a think tank, they are not policy in the high- level policy. People who want children to learn, they want to make the public school system learn. And we can talk about other stuff later, but public schools, investment in the public school system, and those are where the concerns are coming from. So I just wanted to point that out. And like the N equals 30 discussion where the Secretary said if we cannot accomplish all these things the law requires when the law allows you to set your own number, but if we do not send it from Washington, they will not be able to comply with everything else, and it assumes you guys do not know what you are doing and that is really frustrating because it assumes that a few smart people in a room in Washington, D.C., figured it out and it works for everybody. The next example is trying to find the bottom 5 percent. The Secretary said you could not do it without a summative rating. That is what he said earlier and you are saying I have got committees of people across our great Commonwealth trying to figure out how to set up a rating system that gives you what you need according to the law, but also gives you what you need to make sure that kids learn better. And I think that is the beauty of our country and what you guys are doing is taking your ideas and bringing them up. And that is exactly what we tried to do in a bipartisan way, and my friend just said that she fought for certain parts to be in there. This was really a collaborative effort and we are afraid that the rules are coming down and taking away what we wanted to have is you guys to have your input in. So one thing that kind of struck because you kind of answered some of my questions I was going to ask is that you said that under the old system and new system, because of the year, you had one that was top 5 percent and in the new system it would say bottom 5 percent or how does that work--I mean how do two systems generate such different results? What are the details of that? Mr. Pruitt. Well, in the old system actually they were in the priority, they were in the bottom 5. And so because of the exit criteria, they had to stay in that going into the new system, so those two systems overlapped in such a way that they did not allow a reset button or a refresh button if you will. So under the new system where there was a much greater view of quality of the programs and not just the achievement, but actually the quality of the programs, what we found was that these schools are actually some of our best performers when you look at them in a broader range of criteria, so as a result they are stuck. Now, they will probably come off of the priority list in the next year, but because they were stuck there to start within the old system, it really just created a sense of distrust in that system by the fact that when you look at any list from Kentucky, you see these schools as distinguished and as priority. Mr. Guthrie. When you went across our Commonwealth and had town hall meetings, tell me about that process, and people showed up for those town hall meetings, practitioners, parents concerned. It was really well attended and well promoted and you did a really good job with it, so talk about that process. And then what happens when you have a system that the people just do not trust? Mr. Pruitt. Sure. So we decided early that the thing that we had to do was be out in the field. If we really wanted to develop a system that reflected the values of Kentuckians, I need to go listen to Kentuckians. I cannot make good decisions sitting in Frankfurt. It is one of the reasons that I think it is important that States have the authority to do this because you cannot make those decisions in Washington. So we had 11 town halls and all of our town halls, we never had less than about 200 and we had over 300 in several cases, so we had well over 3,000 people that showed up to these. We had parents, teachers, superintendents, local board members, legislators, community members, civil rights members that came and told us what they valued in the education system, so we took that. We videoed each one, we took notes on each one, we have posted those up for everybody to be able to see. Mr. Guthrie. So what did you learn> What have you learned from that you have implemented or tried to bring in to-- Mr. Pruitt. We learned that Kentuckians want a simple system that makes clear what performance is and not the appearance of performance. We learned that the education of the whole child must be critical and not just focused on math and reading. We learned that we have got to cut down on competition between our districts and embraced the idea of our children our Commonwealth so that we actually perpetuate a system where the districts are willing to work together to ensure kids get what they need as opposed to I have to better than you for me to get my better writing. Mr. Guthrie. And like I said, when you have all these town halls of people out there, I may think I--personally I say how can you rate a school if you do not have a summative rating? But you may come with ideas and say, wow, I never thought of that. And that is the beauty of what this law is trying to do. So we have people who really care about what they are doing, passionately about what they are doing, and trying to be innovative and it helps everybody. Mr. Chairman, I just ran out of time. I yield back. Mr. Rokita. I thank the gentleman. The gentleman's time has expired. Mr. Allen, you are recognized for 5 minutes. Mr. Allen. Thank you, Mr. Chairman. And Dr. Pruitt, I am fascinated by your--I am only reading your testimony, but you seem to be ahead of the curve as far as what I understand. A lot of States have been unable to address how we implement this new law. One of the things that I was interested in reading, the testimony was how you had engaged in business community. What I have seen, the business community obviously benefits from an educated society and, of course, business communities make their decisions where they locate based on a skilled workforce, an educated workforce. So, in fact, in several areas in my district, people ask me, so how do we recruit industry? And I said, well, we have got to have an educated and skilled workforce. Well, how do we do that? It is a challenge and as far as your experience in the business community, what have you seen and how is your business community address this incredible need to get folks back to work in this country? Mr. Pruitt. Great question. Workforce is inextricably linked to education, and so I think we are very lucky in our State that we have a governor who, in our legislature, who is very focused with the workforce and that is an area of mind that I have a particular interest in as well. One of the things we like about the regs is that they do give career and technical education. It is just we are actually recognizing it as a major portion of our students' educational experience. I think we are recognizing that simply graduating from high school is not enough. There should not be a terminal degree or diploma. We actually need to be training students to be able to go-- whether they go into university or 2-year technical college or directly into the career workforce, we have to provide all those opportunities laid out for students and do a good job counseling them. We have had a great relationship with our cabinet workforce and education in that we are working with our Kentucky Workforce Innovation Board to actually have the business community tell us so that we can actually develop pathways for specific jobs that are needed in the different regions of Kentucky, So as we work with our KWIB, we are actually asking now, which of these pathways are important, so that we can attract better business to our communities. Because we actually have a workforce that is able to meet the needs because we are not just randomly giving career tech credit, we are actually focused on getting the credit that is necessary to be able to fill the job needs. Mr. Allen. I congratulate you on your work. Dr. Schuler, in traveling throughout my district which you are close to the kitchen in your district, in your area, and one of the things-- and, of course, Dr. Pruitt mentioned in his testimony educating the whole child, and I was shocked in asking questions. I said I always ask what is your biggest challenge and everywhere I went, they talked about the emotional health of these young people. And, of course, we are talking about how do you educate the entire person? Do you care to comment on any issues you are having and maybe how you are addressing that? Mr. Schuler. Well, we just engage in our district and the entire community conversation on that exact topic. In talking about what does make sense, how are we ensuring the emotional, mental health of our kids and are we putting too much stress and pressure on them? And it has been an awesome conversation, so starting in two years, we are going to start our high schools later in the day based on the research. We have found a way to compact the day, shortening the lunch periods, so that kids are not still there late at night. We also put parameters and limits on how long practices and activities can last, and we are providing some opportunities during the year where we are asking our staff and our students not to do work. Four weekends during the year we say go be a kid. Staff, focus on your family. Because we need people to step away a little bit so that they come back and completely reengage. And that has been--I am really excited about that, to track that and see if that has an impact. But we have to do something to ensure that we are providing for that whole child and that is what has been so frustrating, I think, the last couple of years and at least why a couple of us are up here today concerning--none of that conversation is about the score. None of this stuff that Dr. Pruitt is doing is talking about a score. We have to provide access and opportunities to rebuild our communities. Mr. Rokita. The gentleman's time is expired. The gentleman from Wisconsin, Mr. Grothman, is recognized for 5 minutes. Mr. Grothman. Thanks much. The first one is for any one of you, so we will see who talks first. I do not know if you were here and happened to hear Secretary King's testimony but I wonder if any of you, and you can start with Dr. Pruitt and work our way across the table, if there is anything he said that you would like to respond to? Mr. Pruitt. I think, I mentioned this earlier, I think some of his interpretations of what are in the regs are different than our interpretations; ``ours'' being Kentuckians. I really do not think that he sees the timeline issue the same way we do. Having the conflation between 2016-2017 identification and 2017-2018, he mentioned that 2017-2018 was a planning year, which was new to me. I had not heard that before. My understanding was that 2017-2018 was the year that you started. If it is a plan year, then I think maybe we can have a little bit more time to actually engage more stakeholders and build a better system, but maybe I missed that part. But for me, that was a bit of news, so maybe I have to go back and reread, but the way I understand it is actually they have accelerated it. And in my opinion, the current regs would actually cause the current system to actually stay in place because it limits my ability to be innovative. It limits my ability to be able to do something special. Mr. Grothman. Okay. Ms. Harrelson. Okay, I would just like to emphasize again the importance of teacher voice. And, you know, as you probably read in my testimony, I do work in some of our lowest performing schools in Colorado, and with teachers on the ground floor daily and what we would like to see is allowing our teachers to elevate their voice and what to do to actually improve outcomes for our students in these conditions. So once again, teacher voice. It is really hard for someone up here in D.C. to start dictating what we should be doing in our low- performing schools. It is really hard.. Thanks. Ms. Hall. I think we heard the Secretary talk many times about the importance of stakeholder engagement and getting feedback through this entire implementation process, and I believe that there are many instances where the Department has made good on that and is continuing to make good on that. We also heard the Secretary talk about putting guardrails in place, but still allowing State and local decisions in key places and I believe that the regulatory kind of proposal in many instances allows for that. One of the examples that he talked about was identifying schools that are consistently underperforming based on State- set goals, not federally prescribed goals, but those that are based on an analysis of State data. We really appreciated that. Mr. Schuler. Okay, this is the first time in 15 years that we have the opportunity as people in the field and in the States to develop some innovative creative ways to address the goals of ESSA. And I am super concerned about the tight timelines, almost ending up--not giving us that time to go out and collectively engage stakeholders in authentic ways and plant for that implementation. We want to transform and lead, and we can do that. We just need time to engage in that process. So I am very concerned that a tight timeline is going to result in a continuation of what has been and that is not what we want. Mr. Grothman. Okay, I have a question for Ms. Harrelson because I always liked math and I recently had a discussion with somebody who is very involved in the system. He has been a teacher. I think he is a tutor, been involved for many years, and feels how much worse the students are doing than in the past. Kind of interesting that you thought we would get more input from the teachers. When I was in the State legislature, he used to go, and I still think it is right, that they would bar the use of calculators on standardized tests. Part of it, I felt, was one of the reasons why our children were having such a hard problem with math and they were not developing the ability to play with numbers in their head. I wondered what your comments were on that, whether you felt like my friends, that was one of the reasons why our kids are underperforming in math. And while I do not like the Federal Government imposing anything, something at least on the State level, we ought to take those calculators away and force those kids to play with numbers in their mind. In 15 seconds, please. Ms. Harrelson. All right,. I support a balanced approach when it comes to calculators. It depends on what you are doing. And so I do think that it is important for kids to be flexible with numbers, but there is also some problem-solving that is at a higher level that we might want to incorporate the use of a calculator to reach some more complex problem-solving situations. Mr. Rokita. The time is expired. Mr. Scott, you are recognized for a closing. Mr. Scott. Thank you, Mr. Chairman, and thank you for convening the hearing. A lot of issues were brought forward, one of which was the idea of supplement not supplant. As I indicated, since the Brown decision, there is a constitutional responsibility to provide an equal educational opportunity, and supplement not supplant should be supplemental over and above, not an unconstitutionally underfunded level. But what it should have been, at least a bare minimum under the Constitution providing equal educational opportunity and then it should be supplemental because under the Elementary and Secondary Education Act of 1965 we recognized some challenges that occur when there is a significant concentration of poverty. So we need to make sure that we do not excuse those localities that are not funding education up to at least a constitutional level. There are a lot of other issues that came up, but I think the Secretary indicated that we are in the comment period and if comments need to be made on regulations, now is the time to make those comments known. He also indicated that he is going to be seriously considering all of those comments and there is no reason to believe that he will not. So, Mr. Chairman, thank you for giving me, the witnesses, the Secretary, and the panel the opportunity to comment on the regulations. We did a lot of work to enact the Every Student Succeeds Act. It is a bipartisan effort and we hopefully can continue to go forward in a bipartisan manner. Mr. Rokita. I thank the gentleman. I thank him for the letter and spirit of his comments. We both sat at the final negotiating table and the fact of the matter is the law is the law and I was very clear on supplement and supplant. And from the testimony even yet today, as we have heard for several years now, to do so otherwise than what is in the current law is to have a high likelihood of hurting those very kids that we are supposed to be helping. So with that, I want to thank each one of you for your leadership, both locally and nationally. I am inspired and I am motivated as well as the members here are by the words we have heard today from each of you and the leadership that you provide. We do hope and expect that leadership will continue because it is going to be needed now in the implementation as well as the oversight phases of what is a very promising law, as Dr. Roe said during the first panel, that is actually inspiring teachers at the local level to continue teaching and maybe even come back to the profession, and what a great sign that is and will continue to be. I agree also with Mr. Scott about the need to engage stakeholders as you said. Dr. Pruitt and I think you all mentioned the comment period is live. The deadline is August 1st. For those of you at the witness table who are represented by associations, those associations will definitely be making comments for sure, but that does not prohibit any of you as individuals or your counterparts or peers as individuals from making comments as well. Ms. Hall is also correct that we have all heard how often Dr. King just today used the word ``feedback'' and we should make sure there is no excuse on the table for him, for us, or for anybody in this process to not have that feedback. Ad so again, August 1st being the deadline, the time is now. And as you are all leaders, I hope you and your counterparts and peers will all step up. With that, seeing no further business before the committee, this committee stands adjourned. [Additional submissions by Mr. Scott follow:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] [Questions submitted for the record and their responses follow:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] [Responses to questions submitted for the record follow:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] [Whereupon, at 12:04 p.m., the committee was adjourned.] [all]