Question: Do any states require legislative approval or some type of legislative review of an ESEA (i.e. ESSA) accountability plan before submission to the U.S. Department of Education?

Alaska: Alaska requires legislative review.

Arizona: Arizona currently does not require legislative approval; only legislative cooperation as required by ESSA.

Arkansas: All rules promulgated by executive branch agencies in Arkansas require legislative review and approval. Plans and other federal submissions are usually discussed with the appropriate subject matter by the agency as an informational courtesy.

Michigan: In Michigan, we do not specifically require that the Department/state board get approval from the before submitting its ESSA plan.

Montana: Montana had two legislators on the ESSA work group. Our plan went to the governor for review and was supposedly submitted to USDE in late December. No real legislative review or approval.

Nebraska: In Nebraska there is not currently any legislative oversight regarding ESSA. I know the Department of Education is planning to keep the education committee informed, but I am not aware of anything beyond that.

Nevada: As you know, ESSA requires the SEA to consult with its state legislature in developing its accountability plan. Nevada has not taken the additional step of requiring further review or sign-off by the Legislature.

Oklahoma: The Legislature just tackled this issue last year. As part of HB 3218, the State Board of Education was tasked with developing recommendations on a “multi measures approach to accountability,” as required by ESEA. The new accountability system, as well as some new graduation and assessment requirements, cannot be implemented until the Legislature has reviewed the recommendations, which will occur this legislative session. The Legislature is given options for its action. It can approve in whole and with or without instructions or disapprove in whole and with or without instructions. Here’s a link to last year’s HB 3218. The relevant language is a noncodified section that begins at the bottom of page 18.

Oregon: We have the Chief Education Office in Oregon and they have about 15 FTEs at this time. That office is an arm of the executive branch and works closely with the governor. They propose legislation, but so does the Department of Education and Teachers Standards and Practice Commission. I am not 100 percent sure, but I believe ODE selects K-12 achievement assessment.

Pennsylvania: Pennsylvania does not currently require legislative approval of the state’s ESSA plan. However, there were some efforts to do so in the 2015/16 legislative session (e.g. see attached fiscal note for Senate 1159). It remains to be seen what action the General Assembly takes in the 2017/18 session.

Rhode Island: Rhode Island does not. We have been briefed by our commissioner of elementary and secondary education, and was afforded the opportunity to provide verbal input. The commissioner does not have an obligation to provide us an opportunity for input, nor does he need to heed our “advice.” The legislature has no final authority over what is submitted to the USDE.

Wisconsin: Wisconsin does not currently require any legislative approval or review of an ESSA accountability plan.