Scott warns ESSA's flexibility isn't 'a blank check'

House education chairman Bobby Scott told K-12 education chiefs on Tuesday that many state plans under the Every Student Succeeds Act are “falling short,” warning that the law’s flexibility “is not a blank check.”

Scott (D-Va.), speaking at the Council of Chief State School Officers legislative conference in Washington, said he is concerned that many plans may continue or exacerbate inequalities for disadvantaged students. And he blamed the Department of Education for “not adequately requiring you to implement the law with fidelity.”

“State systems of differentiation that allow schools to receive top state rankings by supporting the highest performing students while at the same time historically disadvantaged students continue to fail — those programs do not live up to the promise of ESSA,” Scott said. “More importantly, they violate ESSA’s bipartisan consensus that all students have a right to quality, equitable education.”

Scott also said President Donald Trump’s budget request hinders ESSA implementation and criticized the Department of Education for approving plans that don’t comply with ESSA’s “equity guardrails” and granting waivers from core statutory requirements.

A department spokesperson did not immediately respond to a request for comment.

Scott’s remarks come a day ahead of Education Secretary Betsy DeVos’ testimony before his committee. The committee’s ranking Republican, Rep. Virginia Foxx of North Carolina, spoke at the conference before Scott and said she doesn’t expect “to hear a lot of bipartisanship” during Wednesday’s hearing.

However, she called ESSA a “great bipartisan achievement” and said she would focus on accountability as the law is implemented.

“Moving forward it will be crucial to ask substantive questions of both the Department of Education and from each of you...to make sure it’s being implemented in the way the law was intended,” Foxx told the group.

Scott urged state leaders to “embrace greater transparency” in their current state plans on resource allocation and student outcomes, be “thoughtful and purposeful” in school identification and support evidence-based strategies for struggling schools and fight for financing that ensures public school teachers and students “receive the support they deserve.”

“I urge all of you to demonstrate a commitment to educational equity envisioned in ESSA,” he said. “I challenge you to embrace continuous improvement and address shortcomings in current state plans.”