February 4, 2016

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USED Kicks Off ESSA Rulemaking Process

The Education Department (ED) has posted a notice of intention to establish a negotiated rulemaking (sometimes called "neg reg") committee to prepare proposed regulations in issues related to two topical areas: 1) assessments, and 2) supplement/not supplant, and it can be found here. The notice will be published in the Federal Register on Thursday, and that direct link is here

What will be covered in "neg reg"?


  • Prepare proposed regulations that would update existing assessment regulations to reflect changes to section 1111(b)(2) of the ESEA, including:
    • Locally selected nationally recognized high school assessments, under section 1111(b)(2)(H);
    • The exception for advanced mathematics assessments in 8th grade, under section 1111(b)(2)(C);
    • Inclusion of students with disabilities in academic assessments, including alternate assessments based on alternate academic achievement standards for students with the most significant cognitive disabilities, subject to a cap of 1.0% of students assessed for a subject;
    • Inclusion of English learners in academic assessments and English language proficiency assessments; and
    • Computer-adaptive assessments.
  • Prepare proposed regulations related to the requirement under section 1118(b) of the ESEA that title I, part A funds be used to supplement, and not supplant, nonfederal funds, specifically:
    • Regarding the methodology a local educational agency uses to allocate State and local funds to each title I school to ensure compliance with the supplement not supplant requirement; and
    • The timeline for compliance.


There will be two "neg reg" sessions, each in DC, scheduled for March 21-23 and April 6-8, 2016 There is an optional third session April 18-19.  In addition to The notice also requests nominations for individual negotiatorswho represent key stakeholder constituencies for the issues to be negotiated to serve on the committee. AASA will be submitting nominations and reaching out to members to support these nominations. AASA expressed its interest in being a neg reg participant in our earlier response to the Department's request for information (here). Should you be interested in submitting a nomination, or being nominated, please reach out to Noelle (nellerson at aasa.org). The deadline for submitting nominations is February 25th, 2016. 

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