ESEA reauthorization (the process Congress uses to amend the law that was referred to as the No Child Left Behind Act) began back in January, but the week of April 13, 2015 will be a pivotal one. It is important to understand that the result we get in ESEA reauthorization now, will likely impact IDEA reauthorization later. NDSC has been very busy advocating for key provisions that specifically affect students who take an alternate assessment AND strong requirements that hold states accountable for the achievement of students with disabilities in both the House and Senate ESEA bills.

SENATE
On April 7, 2015 the Chairman of the Senate Health, Education, Labor and Pensions (HELP) Committee, Senator Lamar Alexander, and the highest ranking Democrat on the Committee Senator Patty Murray, introduced a bipartisan ESEA bill, called the Every Child Achieves Act of 2015. This bill will be debated, along with amendments offered by other Senators, on April 14, beginning at 10 a.m. This "mark-up" is expected to last several days.

As NDSC explained in its February ESEA Update and Action Alert, Senator Bob Casey and Senator Chris Murphy introduced two related ESEA bills that include critically important alternate assessment language. These bills were co-sponsored by Senator Murray. The good news is that the most important provisions from the Casey and Murphy bills have been incorporated into the bipartisan Senate bill. Also, Senators Murray and Alexander were able to negotiate a number of other provisions that are better for students with disabilities than those in the House bill. The bad news is the Senate bill still does not include strong enough requirements to hold states accountable for improving the achievement of students with disabilities.

Please call, email and/or visit both of your Senators with the following message. You can find your Senators' contact information at http://www.senate.gov/general/contact_information/senators_cfm.cfm.

Message
Express appreciation for the efforts of Senators Alexander and Murray, as well as Senators Casey and Murphy, which resulted in the following alternate assessment requirements being included in the bipartisan Senate bill. Urge your Senators to support these requirements so they remain in the bill:

• States must ensure that students who take alternate assessments are involved in and make progress in the general education curriculum and that they have the opportunity to try to earn a regular high school diploma
• States cannot assess more than 1% of its students (which corresponds to 10% of students with disabilities) using an alternate assessment
• Parents must be involved in the decision whether their child takes an alternate assessment.

IN ADDITION, the following core accountability components of ESEA must be strengthened in the Senate bill or many students with disabilities, including students who take alternate assessments, will be far less likely to get a high quality education and a meaningful opportunity to earn a diploma even with the provisions, discussed above. Urge your Senators to support the strengthening of accountability provisions as follows:

• Require states to develop challenging achievement targets for all students
• Require state plans to trigger actions that address low achievement for any group of students (e.g. the disability subgroup) at any school, even if the other students are doing well

HOUSE OF REPRESENTATIVES
On February 11, 2015, the House Education and Workforce Committee debated and voted to pass the Chairman Kline's Student Success Act (HR 5) and various amendments. This bill and the amendments were not bipartisan. The bad news is that HR 5 does not include a number of requirements that would hold states accountable for the achievement of students with disabilities. One piece of good news is that the bill includes a provision requested by Congresswoman Cathy McMorris Rodgers to ensure that students who take alternate assessments will have the opportunity to try to earn a regular diploma. The next step in the House is for HR 5, and any amendments, to come to the House floor for a vote. No date has been set. The outcome of the Senate HELP Committee vote next week could influence the House.

Please call, email or visit your Representative with the following message. You can find your Representatives at http://www.house.gov/representatives/find/.

Message
Express appreciation for the efforts made by Congresswoman Cathy McMorris Rodgers and Chairman Kline to include a provision in HR 5 that ensures students who take alternate assessments will have the opportunity to try to earn a regular diploma. Ask your Representative to support this provision so it remains in the bill.

IN ADDITION, explain that this provision will not be meaningful if states are not held accountable for the achievement of students with disabilities. Urge your Representative to support the incorporation of the following core requirements, in a House ESEA bill:

• Require that students who take alternate assessments are involved in and make progress in the general education curriculum
• Require a cap equal to 1% of students (which corresponds to 10% of students with disabilities) on the number of students who can participate in a state's alternate assessment
• Require states to develop challenging achievement targets for all students
• Require state plans to trigger actions that address low achievement for any group of students (e.g. the disability subgroup) at any school, even if the other students are doing well
• Require annual state assessments for school accountability (this is in HR 5, but could be lost without more support)
  
  � National Down Syndrome Congress 2015