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New Elementary and Secondary Education Law Includes Specific “Trauma-Informed Practices” Provisions


Legislation to replace the 14 year-old No Child Left Behind law—The Every Student Succeeds Act (ESSA) signed by President Obama on Dec. 10—was widely praised by the administration, legislators of both parties in the House and Senate, and the organizations concerned about education policy from the NEA to the Education Trust. The consensus is that the bill is not perfect but provides a needed recalibration of federal authority over the states in education policy while protecting the most vulnerable schools, students, and communities. If carefully implemented at all levels of government, the major goals of the legislation have the potential to improve education for all students—including those from low-income families, those with disabilities and English learners.

There are many provisions in the new law that would qualify as “trauma-informed” such as those to reduce over testing and overuse of exclusionary discipline practices as well as those that recognize the importance of early learning. There also are notable provisions that secure a specific foothold for “trauma-informed practices.”

The best example of this is a new type grant program called “Student Support and Academic Enrichment Grants (SSAE)” that provides formula funding to support students and schools in high need districts that include “comprehensive school-based mental health services and supports and staff development for school and community personnel working in the school that are based on trauma-informed practices that are evidence-based…” [See attached document titled Section 4108 of ESSA].

These grants also support “high-quality support for school personnel, including specialized instructional support personnel” for “effective and trauma-informed practices in classroom management,” along with support for other programs such as suicide prevention, crisis management and conflict resolution techniques, and human trafficking. [See attached document titled Section 4108 of ESSA].

In a section of the new law dealing with training teachers and school personnel, other grants are authorized for in-service training for school personnel in “the techniques and supports needed to help educators understand when and how to refer student affected by trauma, and children with, or at risk of, mental illness.” [See attached document titled Section 2102 & 2103 of ESSA].

In another title of the bill on Indian, Native Hawaiian and Alaska Native Education, funding is authorized for Alaska Native Education for “comprehensive school or community-based support services, including services that:

—address family instability and trauma; and

—improve conditions for learning at home, in the community, and at school.”

[See attached document Section 6304 of ESSA].

ESSA also reauthorizes a number of existing programs that address needs in high-poverty and low-performing schools, e.g., Promise Neighborhoods and Full-Service Community Schools and 21st Century Learning Centers, and for schools impacted by violent or traumatic crises, e.g., Project School Emergency Response to Violence (SERV). [See attached document titled Section 4631 of ESSA].

The Every Student Succeeds Act has the potential to accelerate the movement toward trauma-informed schools as long as the states and local school districts use their new authority and trauma-informed principles to guide reforms locally. It also will require Congress to fund the new and reauthorized programs at sufficient levels and for the Department of Education to write rules and regulations that address the academic, social, and emotional needs of all students. Advocates for trauma-informed schools will need to engage skillfully and energetically with policymakers at all levels as the new law is implemented.

Click here for the searchable text of the new law.







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I believe this latest law contains the continued exclusion of children from special education or 504 services who are labelled ' socially maladjusted' .  In my experience, these kids are the ones most likely to be suspended and expelled from schools, especially in their earliest years.  I would also say that these kids are the most likely to be suffering from trauma.   This is the legal loophole that feeds the pipeline to prison -IS ANYONE WORKING TO CLOSE THIS LOOPHOLE?   Please email me directly:

This is a tiny step forward...but the article reveals that traumatized children are in vast numbers and therefore it begs the question: why are trying to help and heal their trauma when we could pass laws that stop a great deal of it from being done to children in the first place? Britain has now passed a law that makes emotional abuse and negligence a criminal act. If a law like that was passed in the US and in Canada, you would see trauma levels in children drastically drop because adults in care-giver positions from parents to teachers to coaches would get educated on what is emotional abuse and negligence so that they weren't hit with fines or worse. Likewise, many would be deterred from traumatizing children if there were actual consequences. Children aren't sexually abused and physically abused in vast numbers because it's criminal. Experts say emotional abuse and negligence are as bad if not worse. Where are the laws? 

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