Practice Areas

Every Student Succeeds Act / Elementary and Secondary Education Act

In exchange for federal funding provided by the Elementary and Secondary Education Act (ESEA), reauthorized under the Every Student Succeeds Act (ESSA), previously 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 were designed to ensure that every child receives the education they deserve, regardless of socioeconomic factors.

Brustein & Manasevit, PLLC provides legal opinions, legal advice and training to help SEAs, LEAs and local charter schools, and private organizations comply with these requirements.

We regularly advise SEAs and LEAs on the following ESEA/ESSA requirements:

  • Reducing State and local administrative burdens;
  • Developing a differentiated system of school recognition, accountability and support;
  • Determining appropriate school improvement requirements;
  • Assessing students with disabilities and English learners;
  • Providing equitable services to private school students and calculating proportionate share;
  • Consolidated funding in schooolwide programs and consolidated administration;
  • Maintenance of effort, supplement not supplant, comparability, set-asides and other fiscal requirements;
  • Waivers, transferability and other administrative flexibilities;
  • Parental involvement requirements;Grants management requirements; and
  • Transitioning from NCLB to ESSA!

Our attorneys also conduct mock monitoring visits of SEAs and LEAs to prepare these entities for monitoring by the Office and State Support (OSS) or other applicable program office in the U.S. Department of Education’s Office of Elementary and Secondary Education. Our attorneys also defend SEAs and LEAs 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.