Elementary and Secondary Education Act/No Child Left Behind Act
In exchange for federal funding provided by the Elementary and Secondary Education Act (ESEA), which is also known as the No Child Left Behind Act (NCLB), States, school districts and other educational entities must meet numerous requirements aimed at increasing accountability. These requirements are designed to ensure that every child receives the education they deserve, regardless of socioeconomic factors.
The law Firm of Brustein & Manasevit, PLLC provides legal opinions, legal advice, and training to help State and local educational agencies (SEAs and LEAs), charter schools, and private industry comply with the requirements of the Elementary and Secondary Education Act. We regularly advise clients nationwide on:
- Adequate Yearly Progress (AYP).
- School improvement, district improvement, corrective action, and restructuring requirements.
- Assessing students with disabilities and limited English proficiency (LEP) students.
- Professional qualifications, including teacher and paraprofessional qualifications.
- School choice, tutoring and supplementary educational services.
- Equitable services to private school students.
- Consolidating funds in schoolwide programs or through consolidated administration.
- Maintenance of Effort, Supplement Not Supplant, Comparability, Set-asides and other fiscal requirements.
- Waivers, transferability, and other administrative flexibility.
- Parental involvement requirements.
- Compliance agreements.
- Grants management requirements.
Our attorneys also conduct mock monitoring visits of SEAs and LEAs to prepare these entities for monitoring by the Student Achievement and School Accountability Office (SASA) or other applicable program office in the U.S. Department of Education’s Office of Elementary and Secondary Education.
Our attorneys also defend State and local educational agencies against adverse audit actions and other enforcement measures brought by the U.S. Department of Education. Our Firm is well-versed in the administrative appeals and litigation process, and our attorneys have long-established relationships with the Office of General Counsel, the Office of Inspector General, and the program offices of the U.S. Department of Education.
The Firm has successfully avoided costly, protracted litigation by negotiating compliance agreements and settlements with the U.S. Department of Education. On behalf of our clients, we have also worked in partnership with the Department of Education to develop an innovative form of alternative dispute resolution – known as the Cooperative Audit Resolution and Oversight Initiative (CAROI) – to promote an audit process focused on improving the administration of federal education programs rather than simply the repayment of funds.
Learn More about the No Child Left Behind Act
The most proactive approach to resolving federal education program compliance problems is to avoid their occurrence. To this end, the Firm provides training seminars and workshops on the Elementary and Secondary Education Act and other federal education programs. Our attorneys also provide legislative services to keep state and local educational agencies informed about changes to the Elementary and Secondary Education Act.
Brustein & Manasevit, PLLC has published numerous books and articles on the provisions of the Elementary and Secondary Education Act and other federal education programs.
Free initial consultation: Contact Brustein & Manasevit