Dear Secretary DeVos:
The bipartisan Every Student Succeeds Act (ESSA) empowered states with the flexibility to design statewide accountability systems to improve public education, so long as those systems comply with the law’s equity requirements. It is the responsibility of the Department of Education (“Department") to ensure compliance with these equity provisions designed to provide all children a high-quality, public education.
Sixteen states and the District of Columbia submitted ESSA plans to the Department in April and May 2017. The Department provided each state with feedback outlining areas of non-compliance prior to plan approval. As of today, fourteen state plans have been approved. While the Department’s feedback correctly noted many statutory violations that resulted in some necessary revisions to state plans, we believe the Department missed other statutory violations in its feedback and, thus, states did not address these violations in their revised plans. We are concerned that inconsistent feedback and a lack of enforcement of the law’s equity-focused provisions will hinder states’ ability to identify and address persistent achievement gaps, harming our nation’s most vulnerable students.
As the Department turns to the second plan submission window, we remind you that it is your statutory obligation to only approve plans that meet all the law’s requirements. While the below list of such requirements is not exhaustive, it includes critical equity requirements that must be upheld to ensure faithful implementation of the law.
Select Every Student Succeeds Act Statutory Requirements:
Assessments
Accountability
Other Plan Provisions
While the Department’s state plan review and approval process thus far has failed to adequately address all of the above-listed requirements, we urge careful scrutiny of compliance with these requirements moving forward. We remain concerned with the quality and integrity of plan components addressing educational equity, and we will continue to exercise our constitutional duty to conduct oversight and closely monitor the plan approval process.
