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This update on the Every Student Succeeds Act and the education plans now being implemented by states and school districts is produced in partnership with ESSA Essentials, an ongoing series from the Collaborative for Student Success. It鈥檚 an offshoot of their聽聽newsletter, which you can聽! (See our recent ESSA updates聽from previous weeks right here.)

The $2.2 trillion coronavirus economic aid package recently signed by President Trump commits 鈥�$31 billion in dedicated emergency funding for K-12 and higher education,鈥� , with $13.5 billion for public school budgets. Additionally, the Coronavirus Aid, Relief, and Economic Security (CARES) Act gives Education Secretary Betsy DeVos 鈥渢he power to grant significant relief from key accountability statutes under ESSA,鈥� while also requiring her 鈥渢o report to Congress 30 days after the bill becomes law about any recommendations she has to grant schools 鈥榣imited flexibility鈥� from several education laws, including the Individuals with Disabilities Education Act.鈥�

Already, education groups are 鈥渁nticipating and discussing the need for another round of coronavirus aid鈥� as the package falls short of the $75 billion they had asked for in March.

Of the $13.5 billion for public schools, 90 percent is 鈥渆armarked for school districts through the Title I aid formula鈥� and could be used to 鈥渟upport a variety of learning needs and various activities under the Every Student Succeeds Act,鈥� including remote learning for schools that have closed due to the coronavirus. However, the new federal package 鈥減rovides historic levels of emergency funding鈥� and 鈥渕uch-needed resources,鈥� says CCSSO Executive Director Carissa Moffat Miller.

Amid the chaos sparked by the coronavirus pandemic, here are the week鈥檚 other top headlines for how states are implementing and improvising under ESSA:

DeVos Waiver Power Constricted By Current Law

While the coronavirus economic aid package gives Secretary DeVos authority to waive key federal education requirements under ESSA, also includes 鈥渞estrictions on the secretary鈥檚 waiver power,鈥� including funding-related restrictions.

DeVos 鈥渃an’t waive requirements for allocating of federal money to state, school districts, and Indian tribes,鈥� preserving the Title I funding formula. Additionally, she cannot waive 鈥渞equirements for schools to provide services to Title I schools that are comparable to non-Title I schools;鈥� 鈥渁pplicable civil rights requirements鈥� that fall under the ADA or Title VI of the Civil Rights Act; prohibitions on using ESSA funds for transportation or construction purposes; and more.

Annual Assessments Canceled, Postponed, or Suspended Nationwide聽

Thousands of schools across the country in response to the spread of the novel coronavirus, throwing state assessments into disarray.

After initially contemplating 鈥渢argeted鈥� waivers of federal testing requirements, the U.S. Department of Education 鈥渟hifted to a broader approach that will let most states bypass all federal testing requirements.鈥� The list of states that are either seeking a federal waiver to suspend testing, delaying testing, or have already been granted initial approval to waive testing by the DOE has grown to include all 50 states as well as the District of Columbia and the Bureau of Indian Education.

Annual Testing for Homeschooled Students Not Impacted by ESSA Testing Waivers

The Trump administration鈥檚 waiving of federally required testing normally required under the Every Student Succeeds Act (ESSA) , according to the Home School Legal Defense Association (HSLDA).

While schools do not need to adhere to ESSA鈥檚 federal testing requirements in order to receive federal assistance from the program in light of the spread of the novel coronavirus, 鈥渉omeschool regulation is state-specific,鈥� and, 鈥漣n most cases, only state legislatures have the authority to waive state educational requirements.鈥� HSLDA is monitoring for state-specific actions by legislators and 鈥渞ecommends that homeschoolers continue to follow the law as it relates to assessing their child.鈥�

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