The Elementary and Secondary Education Act, as Amended by the No Child Left Behind Act: A Primer

Rebecca R. Skinner
Specialist in Education Policy

The primary source of federal aid to K-12 education is the Elementary and Secondary Education Act (ESEA), particularly its Title I, Part A program of Education for the Disadvantaged. The ESEA was initially enacted in 1965 (P.L. 89-10), and was most recently amended and reauthorized by the No Child Left Behind Act of 2001 (NCLB, P.L. 107-110). The NCLB authorized virtually all ESEA programs through FY2008. It is widely expected that the 113th Congress will consider whether to amend and extend the ESEA.

The NCLB initiated a major expansion of federal influence upon several aspects of public K-12 education, primarily with the aim of increasing the accountability of public school systems and individual public schools for improving achievement outcomes of all students, especially the disadvantaged. States must implement in all public schools and school districts a variety of standards-based assessments in reading, math and science; make complex annual adequate yearly progress (AYP) determinations for each public school and district; and require virtually all public school teachers and aides to meet a variety of qualification requirements. State AYP policies must incorporate an ultimate goal of all public school students reaching a proficient or higher level of achievement by the end of the 2013-14 school year. Further, participating states must enforce a series of increasingly substantial consequences for most of their schools and almost all school districts that fail to meet the AYP standards for two consecutive years or more. All of these requirements are associated with state participation in the ESEA Title I-A program.

Other major ESEA programs provide grants to support the education of migrant students; recruitment of and professional development for teachers; language instruction for limited English proficient students; drug abuse prevention programs; after-school instruction and care; expansion of charter schools and other forms of public school choice; education services for Native American, Native Hawaiian, and Alaska Native students; Impact Aid to compensate local educational agencies for taxes foregone due to certain federal activities; and a wide variety of innovative educational approaches or instruction to meet particular student needs.

While Congress has not enacted legislation to reauthorize the ESEA, the Administration has made available an ESEA flexibility package that waives various academic accountability requirements, teacher qualification-related requirements, and funding flexibility requirements that were enacted through NCLB. In exchange for these waivers, states must agree to meet four principles established by the U.S. Department of Education (ED) for “improving student academic achievement and increasing the quality of instruction.” The four principles, as stated by ED, are as follows: (1) college- and career-ready expectations for all students; (2) state-developed differentiated recognition, accountability, and support; (3) supporting effective instruction and leadership; and (4) reducing duplication and unnecessary burden.

Taken collectively, the waivers and principles included in the ESEA flexibility package amount to a fundamental redesign by the Administration of many of the accountability and teacher-related requirements included in current law. As of December 2012, ED had approved ESEA flexibility package applications for 34 states and the District of Columbia and was reviewing applications from several other states. If Congress considers ESEA reauthorization during the 113th Congress, it is possible that provisions included in any final bill may be similar to or override the waivers and principles established by the Administration.


Date of Report: January 14, 2013
Number of Pages: 32
Order Number: RL33960
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Administration’s Proposal to Reauthorize the Elementary and Secondary Education Act: Comparison to Current Law

Rebecca R. Skinner
Specialist in Education Policy


Cassandria Dortch
Analyst in Education Policy

Jeffrey J. Kuenzi
Specialist in Education Policy

Gail McCallion
Specialist in Social Policy

On March 13, 2010, the U.S. Department of Education (ED) released A Blueprint for Reform: The Reauthorization of the Elementary and Secondary Education Act (hereafter referred to as the Blueprint). The Elementary and Secondary Education Act (ESEA), particularly its Title I-A program for Education for the Disadvantaged, is the primary source of federal aid to K-12 education. The ESEA was initially enacted in 1965 (P.L. 89-10), and was most recently amended and reauthorized by the No Child Left Behind Act of 2001 (NCLB; P.L. 107-110).

The Blueprint indicates that it builds on reforms already being implemented, which are supported through funding initiatives that were included in the American Recovery and Reinvestment Act (ARRA; P.L. 111-5). The Blueprint outlines five areas of key priorities:

1. College- and Career-Ready Students includes a focus on improving standards for all students, supporting the development of better assessments, and providing students with a well-rounded education.

2. Great Teachers and Leaders in Every School focuses on effective teachers and principals, the distribution of effective teachers and leaders, and teacher and leader preparation and recruitment.

3. Equity and Opportunity for All Students includes a focus on rigorous and fair accountability, meeting the needs of diverse learners, and resource equity.

4. Raise the Bar and Reward Excellence focuses on achieving these goals through continuing Race to the Top, supporting public school choice, and promoting a “culture of career readiness and success.”

5. Promote Innovation and Continuous Improvement includes a focus on “fostering innovation and accelerating success,” supporting local innovations, and supporting student success.

This report examines ED’s ESEA reauthorization proposal and, where appropriate, draws comparisons between the proposal and current law. The report is organized around the broad themes used to organize the detailed discussion of ED’s reauthorization proposal, beginning with College- and Career-Ready Students and ending with Additional Cross-Cutting Priorities. Comparisons between the proposal and the ESEA are drawn only for proposals included in the Blueprint. As this report mirrors the Blueprint discussion, it in many ways also reflects the level of detail provided by ED on any given element in the Blueprint. In general, the discussions in this report of the individual elements of the proposal vary substantially in length and detail depending on the amount of detail ED provided about a particular element in the Blueprint. In some instances, other relevant data sources, such as the FY2011 budget request, were used to provide additional information and analysis of a particular part of the proposal.

The analysis of the Blueprint is followed by several tables. These tables present information on the similarities and differences between key proposals included in the Blueprint and current law; the consolidation of programs proposed by the Administration’s FY2011 budget request; the funding for ESEA programs not subject to consolidation under the FY2011 budget request; and ESEA programs slated for elimination under the FY2011 budget request.


Date of Report: January 14, 2013
Number of Pages: 82
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The Rural Education Achievement Program: Title VI-B of the Elementary and Secondary Education Act

Jeffrey J. Kuenzi
Specialist in Education Policy

The No Child Left Behind Act of 2001 (NCLB, P.L. 107-110) established the Rural Education Achievement Program (REAP) under Title VI, Part B of the Elementary and Secondary Education Act of 1965 (ESEA). Congress created this program to address the unique needs of rural schools that disadvantage them relative to nonrural schools.

To be eligible for REAP funds, a local education agency (LEA) must be designated rural and must meet one of three additional requirements involving enrollment size, population density, and poverty status. Currently, REAP provides awards to nearly 6,000 LEAs, out of a total of about 14,000 nationwide. REAP authorizes formula grants through two subprograms: the Small Rural School Achievement (SRSA) program provides grants directly to LEAs and the Rural Low- Income School (RLIS) program provides grants to states, which then award subgrants to LEAs.

The amount of funds received by eligible LEAs is determined differently by the SRSA and RLIS programs. Under the SRSA program formula, an initial amount is calculated for each eligible LEA based on enrollment; these amounts are then reduced based on offsetting amounts received from other ESEA programs. Under RLIS, formula grants are awarded to states based on the state’s share of eligible students; states then subgrant funds to LEAs either on a formula or competitive basis.

REAP funds may be used for a wide range of activities authorized throughout the ESEA, including Titles I-A, II-A, II-D, III, IV-A, IV-B, and V-A. In addition, the so-called REAP-Flex provision (ESEA, Sec. 6211) allows SRSA-eligible LEAs to use ESEA funds for certain activities not authorized by the program through which the LEA received such funds. A Government Accountability Office (GAO) study found that a large majority of LEAs use REAP funds to meet the NCLB highly qualified teacher requirement as well as the district’s technology needs.

The authorization for REAP, along with the rest of the ESEA, expired at the end of FY2008. However, these programs continue to operate as long as appropriations are provided. Congress is expected to consider whether to amend and extend the ESEA programs, including REAP. This report will conclude with a discussion of reauthorization issues related to REAP that may arise as Congress takes up the ESEA.


Date of Report: January 14, 2013
Number of Pages: 20
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Paraprofessional Quality and the Elementary and Secondary Education Act: Background and Issues in Brief

Jeffrey J. Kuenzi
Specialist in Education Policy

The No Child Left Behind Act of 2001 (NCLB) established minimum qualifications for paraprofessionals (also known as instructional aides) employed in Title I, Part A-funded schools. NCLB required that paraprofessionals must complete two years of college, obtain an associate’s degree, or demonstrate content knowledge and an ability to assist in classroom instruction. Prior to the NCLB, the Elementary and Secondary Education Act of 1965 (ESEA) required only that paraprofessionals possess a high school diploma.

These requirements, as enacted through NCLB, apply to all paraprofessionals employed in a Title I-A Schoolwide (Sec. 1114) program without regard to whether the position is funded with federal, state, or local funds. In Title I-A programs known as Targeted Assistance (Sec. 1115), only those paraprofessionals paid with Title I-A funds must meet the requirements (not those paid with state or local funds). A report by the Education Department (ED) reveals that paraprofessionals accounted for about one-third of instructional staff in Title I-A funded schools and districts.

NCLB authorized most ESEA programs through FY2007. The General Education Provisions Act (GEPA) provided an automatic one-year extension of these programs through FY2008. While most ESEA programs no longer have an explicit authorization, the programs continue to receive annual appropriations and paraprofessional quality requirements continue to be in place. LEAs in states that have received an ESEA flexibility waiver are not restricted in the use of Title I-A funds for failing to meet NCLB teacher quality and student achievement accountability requirements; however, all LEAs still must comply with the law’s paraprofessional quality requirements.

This report describes the paraprofessional quality provisions, guidance provided by ED regarding implementation, and available information on how states have responded to some of these requirements. The report concludes with some issues that may arise as Congress considers reauthorization of the ESEA.


Date of Report: January 14, 2013
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Education-Related Regulatory Flexibilities, Waivers, and Federal Assistance in Response to Disasters and National Emergencies

Cassandria Dortch, Coordinator
Analyst in Education Policy

Rebecca R. Skinner
Specialist in Education Policy

David P. Smole
Specialist in Education Policy

The 21st century has seen the operation of elementary, secondary, and postsecondary educational institutions and the education of the students they enroll disrupted by natural disasters, such as hurricanes and floods, and by national emergencies, such as the terrorist attacks of September 11, 2001. This report is intended to inform Congress of existing statutory and regulatory provisions that may aid in responding to future disasters and national emergencies that may affect the provision of or access to education and highlight the actions of previous Congresses to provide additional recovery assistance.

The majority of federal aid for disaster management is made available from the Federal Emergency Management Agency (FEMA) under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act; P.L. 93-288). Under the Stafford Act, public school districts, charter schools, private nonprofit educational institutions, public institutions of higher education (IHEs), and federally recognized Indian tribal governments are eligible to receive assistance for activities such as debris removal, infrastructure and equipment repair and replacement, hazard mitigation, and temporary facilities. The Stafford Act also authorizes federal agency heads to waive administrative, but not statutory, requirements to expedite assistance.

In addition to the assistance available through the Stafford Act, assistance is available through numerous provisions in education laws. At the elementary and secondary level, there are several existing provisions that may be helpful in providing assistance in response to a disaster. The Elementary and Secondary Education Act (ESEA) grants the Secretary of Education authority to issue waivers of any statutory or regulatory requirement of the ESEA for a state educational agency (SEA), local educational agency (LEA), Indian tribe, or school that receives funds under an ESEA program and requests a waiver. In response to recent disasters, waivers have been granted to address funding flexibility issues and accountability requirements. The Individuals with Disabilities Education Act (IDEA) grants the Secretary of Education authority to waive state maintenance of effort (MOE) requirements and requirements to supplement, not supplant, federal funds under certain circumstances. The Secretary is not, however, able to waive all statutory and regulatory requirements with respect to the acts. For example, under the ESEA the Secretary may not waive civil rights requirements or prohibitions against the use of funds for religious worship or instruction. Under IDEA, for example, the Secretary may not grant waivers from the right to a free appropriate public education.

At the postsecondary level, various provisions exist to ensure continuity of operations and continuity of federal funding following a disaster. Under the Higher Education Act (HEA), the Secretary of Education has authority to waive several of the requirements for aid recipients, IHEs, and financial institutions when a disaster has been declared. In particular, waivers have been provided from various requirements related to the disbursement, repayment, and administration of federal student aid. Under Title 38 of the U.S. Code, the Department of Veterans Affairs (VA) may extend payment of veterans educational assistance benefits to cover periods when enrollment is interrupted.

In response to the Gulf Coast hurricanes, Congress enacted legislation that provided short-term programs or temporary allowances in order to aid recovery from 2005 to 2009. Additional funds were appropriated to help affected institutions restart, replace equipment, or renovate. Funds were appropriated to support the recruitment, retention, and compensation of elementary and secondary school staff. Funds were also appropriated to provide grants to postsecondary students and
support the enrollment of students displaced or made homeless by the disaster. Congress allowed the Secretary of Education to waive or modify the statutory and regulatory requirements of some programs on a temporary basis to ensure funds were targeted to affected populations and institutions at the postsecondary level and to ease the associated financial and accountability burden at the elementary and secondary levels.

As of the date of this report, Congress had not enacted legislation to specifically support education as a result of and in the aftermath of Hurricane Sandy, which primarily affected areas of the mid-Atlantic and northeast in October 2012.

Date of Report: January 2, 2013
Number of Pages: 34
Order Number: R42881
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