On Tuesday, February 28th, the U.S. Senate introduced Joint Resolution 25,
which if approved, would result in the ESSA regulations for accountability and state plans being rescinded. Earlier, the U.S. House of Representatives passed a “Resolution of Disapproval” for these regulations.
The Senate actions are the final steps in the process to rescind these regulations using the Congressional Review Act (CRA). If the Senate passes this resolution and President Trump signs off, then these regulations will be rescinded. If that happens and the regulations are rescinded, due to the requirements of the CRA, the Trump administration would be prohibited from issuing substantially similar regulations on the relevant portions of ESSA unless there is a new law signed.
The repercussions of rescinding these regulations at this time could be tremendous. This is especially true because States are well into crafting their ESSA State Plans and accountability systems. If the regulations are rescinded and cannot be replaced without another law being put in place, then States will only have the requirements in statute to follow and no regulations to provide clarity.
It is important to note that this action has no immediate impact on parent notices. The only parent notices that might be impacted are the ones related to school support and improvement. Currently, these notices won’t be needed until the 2018-2019 school year. TransACT is committed to keeping up with what is happening on the federal education level and reporting to you any impact that these actions might have on parent notices.
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