With a new Congress and President in place after the 2016 general election in the U.S., what are the current federal education issues impacting the TESOL field? Learn about the latest developments on education policy issues from Washington, DC affecting ESL at the K-12, adult, and higher education levels in the US.

1. U.S. Federal Education and
Language Policy Update
David Cutler, MPA
John Segota, MPS, CAE
2017 TESOL International Convention

2. Overview
• 115th Congress
• Leadership Transition
• Education Policy
– Federal Budget
– ESSA
– WIOA
– Immigration
• TESOL Actions

3. 115th Congress
House of
Representatives
– 237 Republicans
– 193 Democrats
– 5 Vacancies
Senate
– 52 Republicans
– 46 Democrats
– 2 Independents

4. House of Representatives
• Leadership
– Speaker of the House – Rep. Paul Ryan (R-WI)
• Education and Workforce
– Chair – Rep. Virginia Foxx (R-NC)

5. U.S. Senate
• Leadership
– Majority Leader – Sen. Mitch McConnell (R-KY)
• HELP Committee
– Chair – Sen. Lamar Alexander (R-TN)
– Ranking Member – Sen. Patty Murray (D-WA)

6. Presidential Transition
• Transition team review
• Nominees for top-level positions
• New member orientation (Congress)
November
• Lame-duck session (Congress)
• Nominees for top-level positionsDecember
• 115th Congress sworn in
• President takes oath of office
• Orientation for agency heads
January

7. U.S. Department of Education
• Secretary of Education – Betsy DeVos
• Acting Asst. Sec. for Elem. and Sec. Education –
Monique Chism
• Assistant Deputy Secretary and OELA Director –
VACANT
• Acting Asst. Sec. for Career, Technical,
and Adult Education – Kim Ford

8. Federal Budget Process
Budget Proposal
February
Budget Resolution
17 Appropriations Bills
(Labor-HHS-Education)
President’s
Signature
By September 30

9. FY2017 ED Budget Proposal
FY2016 FY2017 Budget
Request
Title I - ESSA $14.9 billion $15.4 billion
Title III -
ESSA
$737 million $800 million
Title II - WIOA $596 million $607 million
FY 2017 - Continuing Resolution through Dec. 9, 2016
Second Continuing Resolution through April 28, 2017

10. FY 2018 Budget Outline
-50% -40% -30% -20% -10% 0% 10% 20%
EPA
State
Labor
Education
Justice
Homeland Security
Defense

11. FY 2018 Budget Outline - Education
• Increases investments in public and private school choice
by $1.4 billion
• Eliminates the $2.4 billion Supporting Effective Instruction
State Grants program
• Eliminates the 21st Century Community Learning Centers
program
• Eliminates the Federal Supplemental Educational
Opportunity Grant program
• Eliminates or reduces over 20 categorical programs
including Striving Readers, Teacher Quality Partnership,
Impact Aid Support Payments for Federal Property, and
International Education programs

12. FY 2018 Budget Outline – State
• Reduces funding to the UN and affiliated agencies,
including UN peacekeeping and other international
organizations
• Reduces funding for the Department of State’s
Educational and Cultural Exchange (ECE)
Programs. ECE resources would focus on
sustaining the flagship Fulbright Program, which
forges lasting connections between Americans and
emerging leaders around the globe.

13. Every Student Succeeds Act (ESSA)
• Reauthorizes the Elementary and Secondary
Education Act (ESEA)
• Replaces the No Child Left Behind Act of 2001
(NCLB)
• Signed into law
December 2015

14. ESSA Timeline
2015 2016 2017 2018* 2019
December 2015:
President signed
ESSA into law
August 1, 2016:
ESEA waivers expired
October 1, 2016:
competitive programs
March & July 2017:
State Title I Plans are
due to ED
2017-2018 Transition
Year
July 1, 2017:
Formula Funds
2017-2018*:
Full Implementation?
*ED is under pressure to
move start date from
2017-2018 to 2018-2019
school year

15. Every Student Succeeds Act (ESSA)
Legislation Regulation
Rulemaking

16. ESSA Regulations
• Title I: Accountability and State Plans
(Final Regulations 11/30/16)
• Title I: Academic Assessments: Negotiated Rulemaking
(comments closed 9/9/16)
• Title I: Part B: Innovative Assessment Demonstration
Authority (Pilot) (comments closed 9/9/16)
• Title I: Supplement Not Supplant (comments closed 11/7/16)
• ED has issued non-regulatory guidance:
• Title II
• Title III
• Title IV

17. Shifts from NCLB / ESEA Waivers
• No requirement for states to implement teacher
evaluation systems and/or link results to student test
scores.
• Migrates many previous Title III requirements to Title I.
• Adequate Yearly Progress (AYP) and Highly Qualified
Teacher (HQT) eliminated.
• Shifts focus from “college and career readiness” to all
children receiving “high-quality education” to close
achievement gaps.

18. New ESSA Provisions
• States must adopt EL proficiency standards that are aligned
with state academic standards.
 Previously English language proficiency accountability part of Title
III in NCLB.
• New comprehensive birth-grade 12 literacy program - Literacy for All,
Results for the Nation (LEARN) authorized.
• States determine the ‘evidence-based’ interventions to implement in
lowest performing schools. Districts determine interventions [and timing]
when subgroups lag behind.
• State report cards require substantial, easy to understand information
for the public (including parents).

19. ESSA Title III
• Title III, Part A formula grant maintained
• After consultation with LEAs representing the geographic
diversity of the state, States must establish and implement
standardized EL entrance and exit procedures. NEW
• Any student who might be an EL must be assessed for
status within 30 days of enrollment. NEW
• SEAs may use 5% of Title III funds that is set-aside for
state-level activities to support status assessment. NEW

20. Reporting Requirements for ELs
States must:
• Report the number and percentage of ELs meeting standards including
4 years after no longer receiving Title III services. Reports must include
specific category for ELs with a disability.
• The number and percentage of ELs that have not reached proficiency
within 5 years.
• Must report on the academic performance of ELs, long-term ELs and
ELs with special needs.
States’ implementation challenge
Each State will determine its own policies, practice and criteria for
reclassifying EL students. Could include home-language surveys, EL
Classification- Screener/ Placement tests, etc.

21. Questions for State Plans
• What elements will my State consider in setting long-term goals
and determining what is meant by a “measure of progress?
• Does “making progress in achieving English language
proficiency” include the number of students reaching proficiency?
• Inclusion of former English learners provides a long-term picture
of how ELs do over time but it also has the potential to mask
performance of current English learners.
• Is disaggregating current and former EL student outcomes
provide a more accurate picture?
• How will SEAs take into account the grade distribution,
geographic distribution and the proportion of newcomers and
long-term ELs in developing their ELP indicator?
• What criteria will our statewide procedure for EL entrance and exit
include?

22. Adult Education
Workforce Innovation and Opportunity Act
(WIOA)
– Signed into law July 22, 2014
– Reauthorizes and replaces the Workforce Investment
Act of 1998 (WIA)
• Amends the Adult Education and Family Literacy Act (Title II)
– Effective date of implementation July 1, 2015
– State plans and accountability
provisions take effect
July 1, 2016

23. AEFL Activities under WIOA
• Adult education
• Literacy
• Workplace adult education
and literacy
• Family Literacy
• English Language Acquisition
• Integrated English Literacy and Civics Education
• Workplace preparation activities
• Integrated Education and Training

24. English Language Acquisition
• Statue clarifies multiple components of ELA that
leads to GED and transition to postsecondary
education or employment
• This does not preclude those who wish to improve
ELA to improve education of children
– Any eligible participant can participate, regardless of whether
they are pursuing GED, postsecondary, or employment
– Those individuals do count against performance
accountability
– ”That leads to" requirement applies to the program design,
and not the participants

25. “That Leads to” Qualification
1. Program has implemented state adult
education content standards, and that this is
reflected in local program materials
2. Offer educational and career counseling
services that assist eligible individuals to
transition to postsecondary education or
employment
3. Be part of a career pathway

26. Integrated English Literacy / Civics Education
• For all levels of learners
• Must include literacy and ELA and civics
education
• May include workforce training
• States can choose between ELA or IEL/CE
services best meet the needs of learners
• Different from IEL/CE program - separate
grant/set-aside

27. IEL/CE Program
• Set-aside funding under Title II
• Must be combined with IET
• Department intends to be flexible
• Requirement is on the program, but not the
student.
Requirements for providers
• Include instruction in literacy and ELA and civics
• Designed to prepare adult ELLs for in employment
• Integrate with local workforce training

28. DACA and DAPA
• Deferred Action on Childhood Arrivals (DACA)
• Deferred Action for Parents of Americans (DAPA)
• United States v. Texas
– Amicus Brief

29. DACA Recipients
Bar Removal of Individuals who Dream and
Grow our Economy (BRIDGE) Act
– Over 741,000 current DACA recipients
– Bill introduced with bipartisan support
– If enacted, would provide “provisional protected
presence” for DACA recipients
– Would allow DACA-eligible individuals to apply

30. Executive Orders
• First Travel Ban – January 27, 2017
– Ban from 7 majority Muslim countries
– Impacted green card holders and those with dual
citizenship
• Second Travel Ban – March 6, 2017
– Ban from 6 majority Muslim countries
– Green card holders and those with dual citizenship
exempted

31. What has TESOL Advocacy done
since the 2016 TESOL Convention
In Baltimore?
We’re glad you asked!

32. Highlighted TESOL Advocacy & Policy
27 April 2016 – TESOL Comments on Proposal to Close Equity Assistance
Centers
11 May 2016 – TESOL Releases Report on Preparation of ESL Teachers
27 May 2016 – TESOL Submits Comments on Proposed ESSA Guidance
24 June 2016 – TESOL Statement on DACA/DAPA Supreme Court Ruling
1 August 2016 - TESOL Submits Comments on ESSA Rules & Regulations
18 Oct 2016 – TESOL Statement on California Proposition 58
21 Nov 2016 – TESOL Co-Signs Letter Calling on President-Elect to Denounce
Hate-Fueled Acts
22 Dec 2016 - TESOL Signs Joint Statement Calling for Quality Teacher
Recruitment Efforts

33. Highlighted TESOL Advocacy & Policy
19 Jan 2017 – TESOL, EnglishUSA, and UCIEP Issue Joint Statement on
International Students and IEPs
20 Jan 2017 – TESOL Submits Priorities to Presidential Transition Team
31 Jan 2017 – TESOL Statement on Immigration Executive Order
13 Feb 2017 – TESOL Joins AZTESOL in Letter Supporting Foreign
Language as a College- and Career-Readiness Indicator
23 Feb 2017 – TESOL Signs Joint Statement on Trump Administration’s
Decision to Rescind Guidance on Federal Protections for
Transgender Students
10 March 2017 – TESOL Statement on New Immigration Executive Order

34. Highlighted TESOL Advocacy & Policy
• 75 TESOL Advocates in Washington, DC
• 15 policy and advocacy breakout sessions
• 100+ Congressional Meetings on Capitol Hill

35. Highlighted TESOL Advocacy & Policy
English Learners & ESSA: What Educators Need to Know
www.tesol.org/essa
ESSA & English Learners:
Tomorrow, 11:30 AM – 12:30 PM in Room 602 (This room)

36. 2017 TESOL Advocacy & Policy Summit
June 18 - 20, 2017
Hilton Alexandria Old Town
Alexandria, VA
Upcoming Events:
Registration is Now Open!
www.tesol.org/advocacy

37. Additional Sessions
• ESSA and English Learners
– Thursday, March 23, 11:30 am – 12:15 pm, Room 602
• ELLs, Immigrant Students, and U.S. Law
– Thursday, March 23, 1-4:45 pm, Room 602
• WIOA 101
– Friday, March 24, 11:30 am – 12:15 pm, Room 602
• Early Childhood Education Update
– Friday, March 24, 3-3:45 pm, Room 604

38. TESOL International Association
http://www.tesol.org
E-mail: dcutler@tesol.org
Twitter: @TESOLPolicyGuy
E-mail: jsegota@tesol.org
Twitter: @JohnSegota
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