Summary and Analysis of the Early Learning Provisions of the Every

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Summary and Analysis

of the Early Learning

Provisions of the Every

Student Succeeds Act

ESSA, P.L. 114-95 | January 18, 2016

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In December 2015, Congress approved, and President Obama signed, the Every

Student Succeeds Act (ESSA, P.L. 114-95) to replace the No Child Left Behind

Act of 2001. This latest update to the Elementary and Secondary Education

Act includes an array of important early learning provisions, including language

authorizing a new Preschool Development Grant program to be jointly administered

by the U.S. Department of Health and Human Services and U.S. Department of

Education. ESSA’s provisions also aim to promote early learning coordination

within communities; greater alignment with the early elementary grades; and early

childhood education focused capacity building among teachers, leaders, and other

staff serving young children. This memorandum summarizes these provisions with

the goal of helping community, state, and district leaders begin planning for the law’s

implementation and maximize these provision’s impact on student outcomes. The

First Five Years Fund (FFYF) encourages you to read this summary in conjunction

with our side-by-side comparison of the new law’s statutory language with No Child

Left Behind. Readers should also refer to the statute, and later U.S. Department of

Education regulations and guidance, for additional, more detailed information.

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A. ESSA, TITLE I CORE FUNDS–IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

ESSA, Title I provides ﬁnancial assistance (approximately $14 billion annually) to public school districts and

schools with high numbers or high percentages of children from low-income families to help ensure that

all students meet state standards. First established in 1965, Title I serves as the primary federal program

designed to promote educational equity at the elementary and secondary levels. Program funds ﬂow by

formula, through states to districts, with a majority of program dollars being used at the district and school

levels. States and districts that accept Title I funding must agree to a range of requirements, including

establishing statewide systems of accountability, assessment, and school improvement. These requirements,

and other provisions of the new law, include references to early learning, which early learning champions

should strive to understand and use to strengthen early learning programs and better align them with

elementary school. Under ESSA, Title I:

STATE PLANS MUST ADDRESS EARLY CHILDHOOD. Under the ESSA, states must submit

Title I plans to the U.S. Department of Education. As part of this planning requirement, the new

law calls on states to describe how they will assist school districts and elementary schools that

elect to use Title I funds to support early childhood education programs. Under the statute,

State education agencies would have wide latitude to shape this plan consistent with local

needs. The U.S. Department of Education could, however, use the implementation process to

further deﬁne this obligation through regulation or non-regulatory guidance (Sec. 1111).

STATE REPORT CARDS MUST ADDRESS PRESCHOOL. ESSA also requires states to

annually publish “report cards” describing how public schools are performing and otherwise

promoting greater transparency about educational opportunities. Among other data, Title

I requires State report cards to include the number and percentage of students enrolled in

preschool programs. This requirement appears to be broadly inclusive – based on other

provisions in Title I and other ESSA initiatives - of any programs serving children less than

age 6 (Sec. 1111).

SCHOOL DISTRICT PLANS MUST DESCRIBE EARLY CHILDHOOD PROGRAMS

SUPPORTED USING TITLE I RESOURCES. ESSA permits, but does not require, Title I

funding to be used for early childhood education (Sec. 1113). If a school district plans to use

Title I resources for early learning, their Title I plans must describe how the district will “support,

coordinate, and integrate services” provided under this par with early childhood education

programs at the district or school level. Plans must include a description of how the district will

support participating students transition to local elementary schools. In other words, districts

are not obligated to use Title I funding for early learning, but if they elect do so, they must

develop and describe the district strategy as part of their Title I plan (Sec. 1112).

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SCHOOL DISTRICTS USING TITLE I RESOURCES FOR EARLY LEARNING MUST MEET

HEAD START STANDARDS. If a district elects to use Title I resources for early learning,

the new law maintains current law to require that the services comply with the performance

standards established by the Head Start Act. The Department of Health and Human Services

has an open rulemaking proposing changes to these standards, which we expect to be

completed later this year (Sec. 1112).

SCHOOL DISTRICTS THAT RECEIVE TITLE I FUNDING MUST COORDINATE WITH

EARLY CHILDHOOD EDUCATION PROGRAMS. Districts must, regardless if they elect to

use Title I resources to support early learning initiatives, undertake activities that increase

coordination with early childhood education programs. This includes, for example, developing

and implementing a systemic procedure for receiving records, establishing channels of

communication, conducting meetings with families and other programs, and organizing and

participating in training related to the transition to elementary school.

TITLE I SCHOOLS OPERATING AS “SCHOOL WIDE” PROGRAMS ENCOURAGED TO

ADDRESS THE TRANSITION TO KINDERGARTEN IN THEIR COMPREHENSIVE PLANS.

Schools serving very large numbers of low-income students (greater than 40%) may be

designated as a “school wide” Title I program. Such schools must have a “comprehensive”

plan describing how these resources will be used for the schools’ students. These plans

must describe strategies for meeting the school’s needs, including addressing the needs of

all children in the school, particularly those at greatest risk for not meeting state standards.

This step may include supporting “strategies for assisting preschool children in the transition

from early childhood education programs to local elementary school programs…,” but other

early learning initiatives may be supported using these funds. Schools operating school wide

programs have signiﬁcant spending ﬂexibility and may comingle federal funds with state and

local resources (Sec. 1114).

TITLE I SCHOOLS OPERATING AS “TARGETED” PROGRAMS MUST DESCRIBE HOW

ELIGIBLE STUDENTS WILL BE SERVICED, WHICH MAY INCLUDE KINDERGARTEN

TRANSITION STRATEGIES. Targeted program funds may be used to deliver early learning

services to Title I eligible students. Such programs must determine which students will be

served, including describing how the program will be coordinated with the regular education

program. This description may include services to assist preschool children in the transition

from early childhood education programs to elementary school (Sec. 1115).

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TITLE I FAMILY ENGAGEMENT FUNDS MAY BE USED FOR JOINT PROFESSIONAL

DEVELOPMENT INCLUSIVE OF EARLY CHILDHOOD EDUCATORS. In addition to

establishing the core state and district formula program described above, Title I also authorizes

spending focused on promoting family and parental engagement. Eligible funding uses include

supporting schools and nonproﬁt organizations in providing professional development for

district and school staff about parent and family engagement. The professional development

may be provided jointly to “teachers, principals, other school leaders, specialized instructional

support personnel, paraprofessionals, early childhood educators, and parents and family

members (Sec. 1116).

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B. ESSA, TITLE II-PROFESSIONAL DEVELOPMENT FORMULA FUNDS

ESSA, Title II authorizes $2.29 billion for improving the quality and effectiveness of teachers, principals, and

other school leaders; increasing the number of teachers, principals, and other school leaders who are effective

in improving student academic achievement in schools; and providing low-income and minority students

greater access to effective teachers, principals, and other school leaders.

TITLE II PROFESSIONAL DEVELOPMENT FUNDS MAY BE USED FOR EARLY LEARNING

CAPACITY BUILDING FOR ECE EDUCATORS AND ELEMENTARY EDUCATORS. States

and districts may use this program for a variety of professional development and other activities

consistent with the three areas described above, including providing early learning focused

professional development. The language also highlights early learning speciﬁc uses. (Note:

these speciﬁc references do not exclude other possible early learning uses consistent with the

three areas described above.) ESSA speciﬁes that states and districts may use Title II formula

funds for the following:

States may…

• Support training teachers, principals, other school leaders, paraprofessionals, early childhood

education program directors, and other early childhood education program providers to

participate in joint efforts to address the transition to elementary school, including issues

related to school readiness (Sec. 2101).

Districts may…

• Provide programs to increase the knowledge base of teachers, principals, or other school

leaders on instruction in the early grades and on strategies to measure whether young

children are progressing.

• Provide programs designed to increase the ability of principals or other school leaders to

support teachers, teacher leaders, early childhood educators, and other professionals to meet

the needs of students through age 8, which may include providing joint professional learning

and planning activities for school staff and educators in preschool programs that address the

transition to elementary school.

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C. ESSA, TITLE II-LITERACY PROGRAM

Aside from the program’s general formula funds, ESSA,Title II includes a separate focus on promoting

student literacy and authorizes an early education through grade 12 literacy program. The program’s birth to

kindergarten entry component is described below.

TITLE II’S LITERACY EDUCATION FOR ALL PROGRAM INCLUDES A PROMINENT EARLY

LEARNING ELEMENT. The Literacy Education for All program aims to help states develop

or revise comprehensive literacy instruction plans and enables them to provide targeted sub

grants (95% of funds) to early childhood education programs and local educational agencies

and their public or private partners to implement evidence-based programs that ensure high-

quality comprehensive literacy instruction for students most in need. State grants under the

program will be allocated on a competitive basis and must address high poverty communities.

Interested states must conduct a literacy needs assessment to identify literacy proﬁciency

gaps. Not less than 15 percent of such grant funds can be used for State and local programs

and activities pertaining to children from birth through kindergarten entry.

A State educational agency that receives a program grant, must consult with other State

stakeholders (e.g. agencies responsible for administering early childhood education programs

and services, including the State agency responsible for administering child care programs,

and, if applicable, the State Advisory Council on Early Childhood Education and Care) when

awarding competitive sub grants to support high-quality early literacy initiatives (the birth to

kindergarten entry element of the program). Among other issues, local applicants must describe

how they propose to use program funds to enhance the language and literacy development and

school readiness of children, from birth through kindergarten entry, in early childhood education

programs. The application must include an analysis of data that support the proposed use of

sub grant funds. Local funds may be used for early literacy focused professional development

and training and coordinating involvement of families, early education programs, principals,

other school leaders and other stakeholders.

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D. ESSA,TITLE III-LANGUAGE INSTRUCTION FOR ENGLISH LEARNERS AND MIGRANT STUDENTS

ESSA,Title III focuses on providing states and districts additional support for educating English learners and

migrant students. Among other investments, Title III authorizes a National Professional Development Program

inclusive of early learning.

THE NATIONAL PROFESSIONAL DEVELOPMENT PROGRAM SUPPORTS SCHOOL

READINESS STRATEGIES. ESSA authorizes the U.S. Department of Education to make

competitive grants to higher education institutions (or public or private entities with relevant

experience and working with State education agencies or school districts) to provide

professional development to improve instruction for English learners and support educators

working with such students. Among other uses, program funds may be used to support

strategies that promote school readiness of English learners and their transition from early

learning programs to elementary school.

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E. ESSA, TITLE IV-CHARTER SCHOOLS PROGRAM, READY TO LEARN TELEVISION

ESSA, Title IV authorizes two programs with early learning provisions.

ESSA’S EXPANDING OPPORTUNITY THROUGH CHARTERS SCHOOLS PROGRAM

INCLUDES EARLY LEARNING AS AN ALLOWABLE USE. Among other purposes, this

initiative focuses on charter schools’ program design and implementation, quality, evaluating

impact, access to facilities and work with children with disabilities, English learners, and other

underserved students. ESSA authorizes the Secretary to use program funds for supporting

charter schools that serve early childhood students, and not just elementary and secondary

schools.

ESSA’S READY TO LEARN PROGRAM CONTINUES TO FOCUS ON EARLY LEARNING.

The Ready to Learn program offers competitive grants for developing, producing, and

distributing accessible educational and instructional video programming for preschool and

elementary school children. The program also supports coordination with federal programs that

have major training components for early childhood development (e.g. Head Start and CCDBG)

regarding the use and availability of materials.

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F. ESSA, TITLE VI-INDIAN, NATIVE HAWAIIAN, ALASKA NATIVE

ESSA, Title VI provides targeted support for Indian, Native Hawaiian, and Alaska Native education.

ESSA’S NATIVE AMERICAN PROGRAM SUPPORTS EARLY CHILDHOOD AND FAMILY

INITIATIVES THAT EMPHASIZE SCHOOL READINESS. The new law continues formula

support for comprehensive programs that are designed to help Indian students meet the same

State academic content and student academic achievement standards used for all students

while addressing the language and cultural needs of Indian students. Such programs include

supporting the professional development of teachers of Indian students.

ESSA’S IMPROVEMENT OF EDUCATIONAL OPPORTUNTIES FOR INDIAN CHILDREN

AND YOUTH PROGRAM ADDRESSES THE BIRTH TO THIRD GRADE CONTINUUM. This

competitive grant program supports, among other uses, early childhood education programs

that are effective in preparing young children to make sufﬁcient academic growth by the end

of third grade, including kindergarten and pre-kindergarten programs, family-based preschool

programs that emphasize school readiness, screening and referral, and the provision of

services to Indian children and youth with disabilities.

ESSA’S ALASKA NATIVE PROGRAMS INCLUDE A SIGNIFICANT FOCUS ON EARLY

LEARNING INITIATIVES. This competitive grant program requires certain activities, including

early childhood and parenting activities designed to improve school readiness. The program’s

statutory language highlights home visiting programs; training, education, and support,

including in-home visitation for parents and caregiver to improve their skills; family literacy;

Head Start activities; prenatal to age three programs; and native language immersion within

early childhood education programs, Head Start, or preschool programs.

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E. ESSA, TITLE IX-DEFINITIONS

ESSA, Title IX deﬁnes key terms.

EARLY CHILDHOOD EDUCATION PROGRAM. The term ‘early childhood education

program’ has the meaning given the term in section 103 of the Higher Education Act of 1965

(20 U.S.C. 1003).

PROFESSIONAL DEVELOPMENT. The term ‘professional development’ means activities

that—

‘(B) are sustained (not stand-alone, 1-day, or short term workshops), intensive, collaborative,

job-embedded, data-driven, and classroom-focused, and may include activities that—…

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‘(xviii) where practicable, provide jointly for school staff and other early childhood education

program providers, to address the transition to elementary school, including issues related to

school readiness.’’

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F. ESSA, TITLE IX-PRESCHOOL DEVELOPMENT GRANTS

ESSA, Title IX authorizes a new Preschool Development Grants program within the U.S. Department of Health

and Human Services to be jointly administered with the U.S. Department of Education.

ESSA ESTABLISHES A NEW PRESCHOOL DEVELOPMENT GRANTS. ESSA authorizes

competitive grant funding for states that propose to improve coordination, quality, and access

for early childhood education for low- and moderate-income children from birth to age ﬁve.

Initial grants are not to exceed one year and require a match. Grantees must use the funding to:

• Conduct periodic statewide needs of assessment of the availability and quality of existing

programs in the state, the unduplicated number of children served, and unduplicated number

of children awaiting services.

• Develop a strategic plan that recommends collaboration, coordination, and quality

improvement activities.

• Maximize parental choice and knowledge about the State’s mixed delivery system of existing

programs and providers.

• Sharing best practices among ECE program providers to increase collaboration and efﬁciency

of services.

• After above activities, improving the overall quality of ECE programs in the State.

Renewal grants are permissible, but can be no longer than three years. State match (not less

than 30%) is also required for renewal. Preference must be given to rural areas with service

gaps identiﬁed by the State. In addition to the activities described above, renewal grants may

be used to:

• Enable programs to implement activities addressing areas in need of improvement as

determined by the State.

• As applicable, expand access to such existing programs or develop new programs to address

the needs of un-served children and families.

The statutory language speciﬁcally limits the Secretary of Health and Human Services and

Secretary of Education from certain regulatory activities, including deﬁning early learning and

development guidelines, standards or speciﬁc assessments; the systems states must use to

assess quality of ECE programs, etc.