Brett Guthrie (Republican – Kentucky) proposed House Joint Resolution 57 to nullify a rule submitted by the Department of Education relating to accountability and State plans under the Elementary and Secondary Education Act of 1965.


The Joint Resolution was proposed in the House of Representatives on February 1, 2017. The bill passed the House by a vote of 234-190 on February 7, 2017 and was received in the Senate on February 8, 2017.


This Joint Resolution nullifies the rule submitted by the Department of Education regarding accountability and State plans under the Elementary and Secondary Education Act of 1965 (published at 81 Fed Reg. 86076 on November 29, 2016).


The rule presented by the Secretary of Education amended regulations to implement changes to the Elementary and Secondary Education Act (ESEA) by the Every Student Succeeds Act (ESSA), which was signed by the President on December 15, 2015. In short, this rule set the existing ESSA into action. The ESSA provides Federal funds to improve elementary and secondary education in public schools. The ESSA builds on the ESEA as a civil rights law and seeks to ensure that every child has the opportunity to obtain a high-quality education. The ESSA made several significant changes to the ESEA, which was first implemented in 1965.

The ESSA modified accountability requirements significantly. The original 1965 act required State education agencies to hold schools accountable based solely on results of statewide assessments and one other academic indicator. The ESSA amended the original act to require each state to have an accountability system that is State-determined and based on at least one indicator of school quality or student success, and at the State’s discretion, an indicator of student growth.

The ESSA also modified requirements for differentiating among schools and how schools must be identified for further support and improvement. The SSA also no longer required a system of interventions when a school failed to make adequate progress and failed standards. Instead, the ESSA gave State educational agencies and local educational agencies the discretion to determine the interventions needed.

The ESSA also modified State and local educational agency “report cards.” The modification was that the report cards be developed with parent input and publicly available. The ESSA also requires that the report cards include additional information such as per-student spending, preschool enrollment stats, the rate at which high school graduates enroll in post-secondary education, the percentage of English learners achieving language proficiency, and certain data collected through the Civil Rights Data Collection.

Additionally, the ESSA requires required the agency “report cards” include information for subsets of students not previously addressed, such as homeless students, foster students, and students with a parent in the Armed Forces.

The ESSA authorized State educational agencies to submit a consolidated State plan or application for covered programs.

The rule to be nullified offered multiple clarifications on the ESSA’s edits to the original 1965 rule.

The original rule text is available here:  81 FR 86076


Pete Sessions (Republican – Texas)

Virginia Foxx (Republican – North Carolina)

Bradley Byrne (Republican – Alabama)

Glenn Grothman (Republican – Wisconsin)

Paul Mitchell (Republican – Michigan)

Ted Yoho (Republican – Florida)

Rick Allen (Republican – Georgia)

Andy Biggs (Republican – Arizona)

Glenn Thompson (Republican – Pennsylvania)

Elise Stefanik (Republican – New York)

Drew Ferguson (Republican – Georgia)

Ted Budd (Republican – North Carolina)

Jodey Arrington (Republican – Texas)


One thought on “H .J Res. 57 – Providing for congressional disapproval under chapter 8 of title 5, US Code, of the rule submitted by the Department of Education relating to accountability and State plans under the Elementary and Secondary Education Act of 1965.

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