Updates to ESSA Will Not Affect Catholic Schools

You may be hearing a lot about ESSA and changes that have been made under the new administration in the news. This update from the Office of Non-Public Education offers clarity about these changes, which will have NO EFFECT on Catholic schools and equitable services. Read more below.

ESSA Consolidated State Plan

This week, the U.S. Department of Education (Department) releaseda Revised StateTemplate for ESSA Consolidated State Plans. Any State wishing toapply for formula grant funds under the Elementary and Secondary Education Act(ESEA), as amended by the Every Student Succeeds Act (ESSA), may submit aconsolidated plan in place of individual applications for certain ESEA formulagrant programs, per ESEA section 8302. The revised template includes an explicit assurance that the State will meet therequirements of ESEA sections 1117 and 8501 regarding the participation ofprivate school children and teachers (see cover page of template).

In a letter toChief State School Officers, Secretary DeVos stated, “I am committed tosupporting this work by faithfully implementing the ESEA, as amended by theESSA, which will help ensure that all students have access to excellentteachers and positive, safe learning environments with necessary supports toprepare them for success in college, a career and life.”

Status of Regulations

On November 29, 2016, the Department published final regulationsconcerning accountability and State plans under ESSA. The regulationsserved to clarify the statutory requirements of ESEA and do not supersede orreplace ESEA. On March 9, 2017, pursuant to the Congressional Review Act(CRA) (5 U.S.C. §§ 801-808), Congress approved a joint resolution repealing the Department’s regulations, meaning that theDepartment’s regulations related to the consolidated State plan, statewideaccountability systems, and data reporting would have no force andeffect. President Trump is expected to sign the Congressional resolutionof disapproval soon. As a result, the Department is unable to collectinformation using the previous consolidated State plan template that wasassociated with the regulations.

The disapproval of the regulations does not impact therequirement that States submit State plans. States may choose to submit planson either April 3 or September 18, 2017. Additionally, the dismissal of the regulations does not relieve anyState or local educational agency from meeting the statutory obligationscontained in the ESEA as amended by ESSA (sections 1117 and 8501) regarding theequitable participation of private school students and teachers in applicableprograms to be implemented in the 2017-18 school year. Thus,the Non-RegulatoryGuidance: Fiscal Changes and Equitable Services Requirements under theElementary and Secondary Education Act (ESEA), as Amended by the Every StudentSucceeds Act (ESSA) remains applicable.

Additional Information
The revised State plan template as well as additional informationrelevant to completion of the State plan can be found on the Department’swebpage here.
Resources and information related to equitable services underESSA can be found on ONPE’s ESSA page here.