NCLB Regulations Restored after ESSA Accountability Rescinded
Doug Mills/The New York Times

The U.S. Department of Education (ED) published a notice in the Federal Register today instituting new regulations for the Elementary and Secondary Education Act (ESEA).  However, these regulations are identical to previous regulations promulgated under the No Child Left Behind Act, the previous version of this legislation which had been rendered obsolete when the Every Student Succeeds Act (ESSA) was passed in December of 2015.


The Obama Administration published regulations on accountability under Title I shortly after the passage of ESSA.  But those regulations were overturned by Congress using the Congressional Review Act, a law which allows legislators to rescind recently published regulations.  The rescission of the newer regulations left many provisions of the ESEA without implementing regulations, so ED published this notice reinstating previous regulations.  However, those regulations which refer to portions of law no longer in effect – for example, adequate yearly progress, will not be applicable.

About the Author

Julia Martin is an attorney with the Washington, DC law firm of Brustein & Manasevit, PLLC. Established in 1980, the Firm is nationally recognized for its federal education regulatory and legislative practice, providing legal advice regarding compliance with all major federal education programs as well as the federal grants management requirements, including the Education Department General Administrative Regulations (EDGAR). In addition, they work with agencies on federal spending flexibility, allowability, policies and procedures, audit defense and resolution and legislative updates. The Firm provides government relations services for the National Title I Association.