In the United States, the main federal law on public school accountability is the Every Student Succeeds Act (ESSA), Public Law 114-95, enacted on December 10, 2015. It requires each state to test students in reading and mathematics in grades three through eight and once in high school, to rate schools on set indicators, and to publish report cards. In Canada, the Constitution Act, 1867 reserves education lawmaking to the provinces, so the comparable rules are provincial.
Key takeaways
- ESSA requires annual reading and mathematics tests in grades three through eight and once in grades nine through twelve, plus science tests in three grade spans.
- States must identify at least the lowest-performing five percent of Title 1 schools, and high schools that fail to graduate one third or more of their students, for support.
- On November 18, 2025 the U.S. Department of Education announced interagency agreements that move the day-to-day administration of many K-12 programs to the Department of Labor; the department says it keeps its statutory responsibilities.
- In Canada there is no federal education law of this kind; provinces legislate, and Ontario, for one, runs its provincewide tests through a separate office called EQAO.
What ESSA requires of states
ESSA is the current version of the federal Elementary and Secondary Education Act. Its Title 1 section, headed as improving the academic achievement of the disadvantaged, ties federal funds to state plans. Under 20 U.S.C. 6311, each state must give mathematics and reading or language arts assessments in grades three through eight and at least once in grades nine through twelve. Science must be tested at least once in each of three grade spans: grades three through five, six through nine, and ten through twelve. Other subjects are left to the state.
Students with the most significant cognitive disabilities may take alternate assessments, but the number of students assessed that way in a subject cannot exceed one percent of all students assessed in that subject at the state level. The law also requires that at least 95 percent of all students, and of each student subgroup, take the annual tests for purposes of the achievement measure.
How schools get rated and flagged
The statute sets the measures a state must include in its accountability system. All public schools are measured on academic achievement, based on proficiency on the annual tests, and on progress toward English language proficiency. High schools are also measured on the four-year graduation rate. Elementary and middle schools get a growth measure or another valid statewide academic indicator. Every state must add at least one indicator of school quality or student success, and may choose measures such as student engagement, educator engagement, advanced coursework, postsecondary readiness, or school climate and safety.
From the 2017-2018 school year, and at least once every three school years afterward, states must identify for comprehensive support at least the lowest-performing five percent of schools receiving Title 1 funds, and every public high school that fails to graduate one third or more of its students. In practice the second rule means a graduation rate of roughly two thirds or lower.
Report cards: what families can look up
Section 1111(h) requires each state to publish a report card that is concise and presented in an understandable and uniform format. The minimum contents listed in the law include a description of the state's accountability system, achievement by student subgroup, graduation rates, school quality and climate data, teacher qualifications, per-pupil expenditures, and results on the National Assessment of Educational Progress for comparison. A family can use these reports to see how a school performs against the state as a whole.
Who administers the law now
The statute has not changed because of an administrative reorganization, but the agency running its programs has. According to a law-firm summary of the Department of Education's announcement, the department announced on November 18, 2025 that it had finalized interagency agreements under which the Department of Labor would administer K-12 programs including Title 1, Part A and Title 1, Part B (State Assessment Grants). The summary says the department will keep its statutory responsibilities and continue program oversight. Anyone relying on a specific deadline or contact should confirm with the state education agency.
The Canadian arrangement, with Ontario as an example
Under section 93 of the Constitution Act, 1867, each province's legislature holds exclusive lawmaking power over education, with the qualifications set out later in that section. In practice, curriculum, school boards, teacher certification, and testing are set province by province. The Council of Ministers of Education, Canada (CMEC) is the pan-Canadian body of the provincial and territorial education ministers.
Ontario's Education Quality and Accountability Office (EQAO) lists assessments in reading, writing, and mathematics in grades three and six, mathematics in grade nine, the Ontario Secondary School Literacy Test, and a Mathematics Proficiency Test. The table sets the two systems side by side; it is a simplified orientation.
| Question | United States (ESSA) | Ontario |
|---|---|---|
| Source of authority | Federal statute tied to Title 1 funding, with state plans | Provincial legislation under section 93 |
| Provincewide or statewide tests | Reading and mathematics in grades three to eight and once in high school; science in three grade spans | EQAO assessments in grades three, six, and nine, plus literacy and mathematics proficiency tests |
| Who publishes results | State and local report cards required by the statute | EQAO, which describes itself as accountable to Ontarians |
| Federal role | Funding conditions and oversight | None for schools; the province legislates |
This article gives general information about education law and is not legal advice. It does not say how any rule applies to a particular school, student, or employer; those questions belong with the relevant education agency or a qualified professional.
FAQ
What is the one percent cap in ESSA?
States may offer alternate assessments to students with the most significant cognitive disabilities, but the number assessed that way in a subject cannot exceed one percent of all students assessed in that subject statewide. Local agencies are not capped by the state, though one above the state's rate must justify it.
Must every student take the state tests?
The law requires states to measure the achievement of at least 95 percent of all students, and of each subgroup, for the achievement indicator. Rules on individual refusals are set elsewhere, and the answer depends on the state.
Is there a federal education law in Canada?
Not one that governs schools in the way ESSA does. Responsibility sits with the provinces under section 93 of the Constitution Act, 1867, and the qualifications in that section also apply.
Has Congress replaced ESSA?
The sources reviewed in October 2026 showed no replacement law. The statute cited above is the reference text, and a reader who needs the current position should check the Department of Education and Congress directly.
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Last verified: October 2026
Sources
- Every Student Succeeds Act, Public Law 114-95, 129 Stat. 1802, U.S. Government Publishing Office, 2015
- 20 U.S.C. 6311, State plans, Legal Information Institute, Cornell Law School
- Constitution Act, 1867, section 93, Department of Justice Canada
- Assessments page, Education Quality and Accountability Office (EQAO), Ontario, 2026
- Announcement of interagency agreements, U.S. Department of Education, November 18, 2025, as summarized by Brownstein Hyatt Farber Schreck, 2025