Office of Accountability

New York's ESEA Flexibility

ESEA Flexibility Renewal

For Public Comment:  Proposed Amendments to New York State’s Approved Elementary and Secondary Education Act (ESEA) Flexibility Waiver for 2014-2015

In November 2013, the United States Department of Education (USDE) offered states with approved ESEA Flexibility Waivers the opportunity to participate in a streamlined renewal process for the 2014-15 school year.  Under this process, states with approved waivers may submit amendments to the state’s approved plan to take effect in 2014-15 as part of the renewal process. If the state is submitting amendments, it must consult with stakeholders before submitting them as part of its flexibility renewal request.  A copy of New York State’s approved ESEA Flexibility Waiver can be found on the New York State Department’s (NYSED) website at .

At the January Board of Regents meeting, the Department presented for consideration proposed amendments to New York’s approved ESEA waiver related to institutional accountability and testing requirements, and the Board of Regents directed the Department to post the draft amendments for public comment beginning on January 16 and ending on January 27. (See for a copy of the item presented to the Board of Regents at their January meeting.)  The proposed amendments can be found here.  Following review of public comment, the Department will submit a final draft waiver renewal request with related amendments for action by the Regents in February 2014.  If approved by the Board of Regents, the Department will submit New York’s application for renewal of its ESEA waiver for the 2014-15 school year to the USDE no later than February 28, 2014.

If you would like to submit a comment regarding the renewal application or one or more of the amendments, please send them by email to Please identify in the subject line the amendment(s) on which you wish to comment. For example, if you wish to comment on the proposed amendments pertaining to "Revising the AMOs for Grades 3-8 English language arts and mathematics" and "Testing for English language learners," then please put "Public Comment on Amendments 4 and 5" in the subject line of your email. Comments may also be submitted to Dr. Lisa Long, Supervisor, Office of Accountability, 55 Hanson Place, Room 445, Brooklyn, NY 11217.  Please indicate “ESEA Waiver Comment Submission” on the outside of the envelope. Comments must be received by January 27, 2014


Last Updated: January 16, 2014