Since 2002, the federal education law that focuses on providing all children with a fair, equal and significant opportunity to obtain a high-quality education has been a heated topic, both for education professionals and the lay-person alike. While NCLB’s original shelf life was seven years, it’s been on the books for twice that long — and it was so controversial that many are happy to see it go.

Immigration is changing education in the United States.  Public school districts are seeing increased enrollments of English Second Language (ESL) students, and the upward trend is expected to continue. As these trends have shifted, so too has the federal government’s role, with mandates that make school districts responsible for providing the best educational services possible to one and all.

The reauthorization of the Elementary and Secondary Education Act (ESEA) by the Every Student Succeeds Act (ESSA) made some significant changes and additions to requirements related to children in foster care. On June 23rd, the U.S. Department of Education (USED) issued the document “Non-Regulatory Guidance: Ensuring Educational Stability for Children in Foster Care”, which provides clarification for the new or changed requirements.

On July 27th 2016, the U.S. Department of Education (USED) issued updated guidance for the McKinney-Vento Homeless Assistance Act as amended by the Every Student Succeeds Act (ESSA). This guidance also covers the ESSA Title I requirements for students experiencing homelessness, with implementation requirements as soon as October 1, 2016.

In February, the House Education and the Workforce Committee took up the long overdue task of reauthorizing the Elementary and Secondary Education Act (ESEA) as amended by the No Child Left Behind (NCLB) Act of 2001.

Here’s what you need to know:

On January 7, 2015 the U.S. Departments of Education and Justice issued joint guidance related to serving English Learners (ELs). This guidance pulls together information related to requirements to serve ELs from many sources, including Title VI of the Civil Rights Act of 1964 and related court cases, the Equal Education Opportunities Act, and Title III of the Elementary and Secondary Education Act (ESEA) as amended by the No Child Left Behind Act of 2001.

There is growing concern surrounding a recent influx of children from Central America who have illegally crossed the U.S. – Mexico border. Over a period of about 10 months, ending mid-August 2014, more than 55,000 unaccompanied children had crossed the border and were referred to the U.S. Department of Health and Human Services (HHS). That’s more than double the number of such children that were apprehended for all of 2013. Under U.S. law, the HHS is required to care for unaccompanied children that cross the border into the U.S.. These children are typically placed in an HHS shelter, where they are not enrolled in public schools, but are provided educational services by the HHS shelter providers. Later, they may be released to an appropriate sponsor, usually a parent, relative, or family friend. While residing with their sponsor, these children are eligible to enroll and receive educational services though the public school system.

The first ever Collaborative Federal Programs Meeting was held in Washington, D.C. July 23-25, 2014. The organizing of this meeting started in September of 2013 when the National Title I Association (NASTID) and the National Council of State Title III Directors (NCSTIIID) began planning to meet jointly in the summer of 2014. Those plans expanded to include the Title I 1003(g) SIG Directors/Office of School Turnaround and some members of the National Association of State Directors of Special Education (NASDSE)/Office of Special Education Programs (OSEP)/Office of Special Education and Rehabilitative Services (OSERS).

The New York State Education Department’s Office of Bilingual Education and Foreign Studies has published their “Blueprint for English Language Learners (ELLs) Success.” This document contains 8 key principles that were “developed as a statewide framework aimed to clarify expectations for administrators, policymakers, and practitioners to prepare ELLs for success”. These principles include some excellent foundational ideas to be implemented, including “All teachers are teachers of English Language Learners, and need to plan accordingly”; “All school boards and district/school leaders are responsible for ensuring that the academic, linguistic, social, and emotional needs of ELLs are addressed”; and “Districts and schools recognize that bilingualism and biliteracy are assets, and provide opportunities for all students to earn a Seal of Biliteracy upon obtaining a high school diploma.”