The social problem/policy problem with the Every Student Succeeds Acts (ESSA) is that it maintains certain accountability measures and procedures from the previous policy (No Child Left Behind, NCLB) that rely on standardized testing and state control to measure both the student and the school's success and sanction the school accordingly. By doing so, the Act not only disproportionately affects the most marginalized groups of students, low income and black students, but it also ultimately maintains educational gaps across racial lines without addressing the deeper rooted issues that are preventing educational equity such as funding equity, and systemic discrimination and racism in which further makes it difficult for those low-income and other marginalized population to have equal access to high quality education. In order to remedy this policy concern, all stakeholders must be involved with a methodology referred to as “rigid flexibility”. Rigid Flexibility would decrease the power of the states and increase the power of local governments while simultaneously allowing the Federal government to play a crucial role in proving funding equity and addressing systemic discrimination and civil rights issues affecting the education system.