Opportunities to Make Data Work for Students in the Every Student Succeeds Act: Appendix

The links below identify statutory provisions within the Every Student Succeeds Act (ESSA) referenced in Opportunities to Make Data Work for Students in the Every Student Succeeds Act. These provisions provide states the opportunity to maximize the education data foundation they have built over the past decade to ensure that every child has the opportunity to excel.

Opportunities to Measure What Matters

Incorporate Multiple Measure of Student Success into Accountability Systems

Ensure That at Least 95 Percent of Students Take Annual Assessments

Report Information about Student Growth

Opportunities to Make Data Use Possible

Use Flexible Funding to Train Teachers to Use Data Effectively and Keep it Secure

Use Evidence to Make Decisions

Report Chronic Absence on Report Cards

Include Information Required in the Civil Rights Data Collection on Report Cards

Opportunities to Be Transparent and Earn Trust

Design State Report Cards that Meet the Needs of Families and Communities

Engage Stakeholders in State Planning

Report Postsecondary Enrollment

Disaggregate Data about Mobile Students

Cross-Tabulate Student Performance Data

Ensure That Every Child Has an Effective Teacher

Clarify How Education Dollars Are Spent

Include Other Information Parents, Students, and the Public Need to Understand Progress

Opportunities to Guarantee Access and Protect Privacy

ESSA does not include provisions to get data into the hands of those closest to students.


Select ESSA Bill Text

Title I – State Plans

SEC. 1005.

STATE PLANS. Section 1111 (20 U.S.C. 6311) is amended to read as follows:



‘‘(1) IN GENERAL.—For any State desiring to receive a grant under this part, the State educational agency shall file with the Secretary a plan that is—

‘‘(A) developed by the State educational agency with timely and meaningful consultation with the Governor, members of the State legislature and State board of education (if the State has a State board of education), local educational agencies (including those located in rural areas), representatives of Indian tribes located in the State, teachers, principals, other school leaders, charter school leaders (if the State has charter schools), specialized instructional support personnel, paraprofessionals, administrators, other staff, and parents;



‘‘(B) INDICATORS.—Except for the indicator described in clause (iv), annually measure, for all students and separately for each subgroup of students, the following indicators:

‘‘(i) For all public schools in the State, based on the long-term goals established under subparagraph (A), academic achievement—

‘‘(II) at the State’s discretion, for each public high school in the State, student growth, as measured by such annual assessments.

‘‘(ii) For public elementary schools and secondary schools that are not high schools in the State—

‘‘(I) a measure of student growth, if determined appropriate by the State;

‘‘(v)(I) For all public schools in the State, not less than one indicator of school quality or student success that—

‘‘(aa) allows for meaningful differentiation in school performance;

‘‘(bb) is valid, reliable, comparable, and statewide (with the same indicator or indicators used for each grade span, as such term is determined by the State); and

‘‘(cc) may include one or more of the measures described in subclause (II).

‘‘(II) For purposes of subclause (I), the State may include measures of—

‘‘(III) student engagement;

‘‘(IV) educator engagement;

‘‘(V) student access to and completion of advanced coursework;

‘‘(VI) postsecondary readiness;

‘‘(VII) school climate and safety; and

‘‘(VIII) any other indicator the State chooses that meets the requirements of this clause.

‘‘(E) ANNUAL MEASUREMENT OF ACHIEVEMENT.—(i) Annually measure the achievement of not less than 95 percent of all students, and 95 percent of all students in each subgroup of students, who are enrolled in public schools on the assessments described under subsection (b)(2)(v)(I).


‘‘(1) DESCRIPTIONS.—Each State plan shall describe—

‘‘(B) how low-income and minority children enrolled in schools assisted under this part are not served at disproportionate rates by ineffective, out-of-field, or inexperienced teachers, and the measures the State educational agency will use to evaluate and publicly report the progress of the State educational agency with respect to such description (except that nothing in this subparagraph shall be construed as requiring a State to develop or implement a teacher, principal, or other school leader evaluation system);

‘‘(2) ASSURANCES.—Each State plan shall contain assurances that—

‘‘(A) the State will make public any methods or criteria the State is using to measure teacher, principal, or other school leader effectiveness for the purpose of meeting the requirements described in paragraph (1)(B);

‘‘(F) the State educational agency will support the collection and dissemination to local educational agencies and schools of effective parent and family engagement strategies, including those included in the parent and family engagement policy under section 1116;

‘‘(N) the State educational agency will provide the information described in clauses (ii), (iii), and (vii) of subsection (h)(1)(C) to the public in an easily accessible and user-friendly manner that can be cross-tabulated by, at a minimum, each major racial and ethnic group, gender, English proficiency status, and children with or without disabilities, which—

‘‘(i) may be accomplished by including such information on the annual State report card described subsection (h)(1)(C); and

‘‘(ii) shall be presented in a manner that—

‘‘(I) is first anonymized and does not reveal personally identifiable information about an individual student;

‘‘(II) does not include a number of students in any subgroup of students that is insufficient to yield statistically reliable information or that would reveal personally identifiable information about an individual student; and

‘‘(III) is consistent with the requirements of section 444 of the General Education Provisions Act (20 U.S.C. 1232g, commonly known as the ‘Family Educational Rights and Privacy Act of 1974’).

‘‘(h) REPORTS.—


‘‘(B) IMPLEMENTATION.—The State report card required under this paragraph shall be—

‘‘(ii) presented in an understandable and uniform format that is developed in consultation with parents and, to the extent practicable, in a language that parents can understand;

‘‘(C) MINIMUM REQUIREMENTS.—Each State report card required under this subsection shall include the following information:

‘‘(ii) For all students and disaggregated by each subgroup of students described in subsection (b)(2)(B)(xi), homeless status, status as a child in foster care, and status as a student with a parent who is a member of the Armed Forces (as defined in section 101(a)(4) of title 10, United States Code) on active duty (as defined in section 101(d)(5) of such title), information on student achievement on the academic assessments described in subsection (b)(2) at each level of achievement, as determined by the State under subsection (b)(1).

‘‘(viii) Information submitted by the State educational agency and each local educational agency in the State, in accordance with data collection conducted pursuant to section 203(c)(1) of the Department of Education Organization Act (20 U.S.C. 3413(c)(1)), on—

‘‘(I) measures of school quality, climate, and safety, including rates of in-school suspensions, out-of-school suspensions, expulsions, school-related arrests, referrals to law enforcement, chronic absenteeism (including both excused and unexcused absences), incidences of violence, including bullying and harassment;

‘‘(II) the number and percentage of students enrolled in—

‘‘(aa) preschool programs; and

‘‘(bb) accelerated coursework to earn postsecondary credit while still in high school, such as Advanced Placement and International Baccalaureate courses and examinations, and dual or concurrent enrollment programs.

‘‘(ix) The professional qualifications of teachers in the State, including information (that shall be presented in the aggregate and disaggregated by high-poverty compared to low-poverty schools) on the number and percentage of—

‘‘(I) inexperienced teachers, principals, and other school leaders;

‘‘(II) teachers teaching with emergency or provisional credentials; and

‘‘(III) teachers who are not teaching in the subject or field for which the teacher is certified or licensed.

‘‘(x) The per-pupil expenditures of Federal, State, and local funds, including actual personnel expenditures and actual nonpersonnel expenditures of Federal, State, and local funds, disaggregated by source of funds, for each local educational agency and each school in the State for the preceding fiscal year.

‘‘(xiii) Where available, for each high school in the State, and beginning with the report card prepared under this paragraph for 2017, the cohort rate (in the aggregate, and disaggregated for each subgroup of students defined in subsection (c)(2)), at which students who graduate from the high school enroll, for the first academic year that begins after the students’ graduation—

‘‘(I) in programs of public postsecondary education in the State; and

‘‘(II) if data are available and to the extent practicable, in programs of private postsecondary education in the State or programs of postsecondary education outside the State.

‘‘(xiv) Any additional information that the State believes will best provide parents, students, and other members of the public with information regarding the progress of each of the State’s public elementary schools and secondary schools, which may include the number and percentage of students attaining career and technical proficiencies (as defined by section 113(b) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2323(b)) and reported by States only in a manner consistent with section 113(c) of such Act (20 U.S.C. 2323(c)).

Title I – Assessment Grants


‘‘(a) GRANTS AUTHORIZED.—From amounts made available in accordance with section 1203, the Secretary shall make grants to State educational agencies to enable the States to carry out 1 or more of the following:

‘‘(2) If a State has developed the assessments adopted under section 1111(b), to administer those assessments or to carry out other assessment activities described in this part, such as the following:

‘‘(H) Developing or improving models to measure and assess student progress or student growth on State assessments under section 1111(b)(2) and other assessments not required under section 1111(b)(2).

‘‘(M) Designing the report cards and reports under section 1111(h) in an easily accessible, user friendly-manner that cross-tabulates student information by any category the State determines appropriate, as long as such cross-tabulation—

‘‘(i) does not reveal personally identifiable information about an individual student; and

‘‘(ii) is derived from existing State and local reporting requirements.



‘‘(a) IN GENERAL.—From the amount reserved under section 1203(a)(3) for a fiscal year, the Secretary shall make grants to States to enable the States to—

‘‘(1) in the case of a grant awarded under this section to a State for the first time—

‘‘(A) audit State assessment systems and ensure that local educational agencies audit local assessments under subsection (e)(1);

Title II – Professional Development Funding




‘‘(B) TYPES OF STATE ACTIVITIES.—The activities described in this subparagraph are the following:

‘‘(xx) Supporting and developing efforts to train teachers on the appropriate use of student data to ensure that individual student privacy is protected as required by section 444 of the General Education Provisions Act (commonly known as the ‘Family Educational Rights and Privacy Act of 1974’) (20 U.S.C. 1232g) and in accordance with State student privacy laws and local educational agency student privacy and technology use policies.

Title XIII – Definition of Evidence-Based


Section 8101, as redesignated and amended by section 8001 of this Act, is further amended—


(4) by inserting after paragraph (14) (as so redesignated by paragraph (2)) the following:

‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), the term ‘evidence-based’, when used with respect to a State, local educational agency, or school activity, means an activity, strategy, or intervention that—

‘‘(i) demonstrates a statistically significant effect on improving student outcomes or other relevant outcomes based on—

‘‘(I) strong evidence from at least 1 well-designed and well-implemented experimental study;

‘‘(II) moderate evidence from at least 1 well-designed and well-implemented quasi-experimental study; or

‘‘(III) promising evidence from at least 1 well-designed and well-implemented correlational study with statistical controls for selection bias; or

‘‘(ii)(I) demonstrates a rationale based on high-quality research findings or positive evaluation that such activity, strategy, or intervention is likely to improve student outcomes or other relevant outcomes; and

‘‘(II) includes ongoing efforts to examine the effects of such activity, strategy, or intervention.

‘‘(B) DEFINITION FOR SPECIFIC ACTIVITIES FUNDED UNDER THIS ACT.—When used with respect to interventions or improvement activities or strategies funded under section 1003, the term ‘evidence-based’ means a State, local educational agency, or school activity, strategy, or intervention that meets the requirements of subclause (I), (II), or (III) of subparagraph (A)(i).