New York State's Round 2 ESEA Flexibility Waiver Request
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In recent months, states across the country -- including New York -- have taken the lead in calling for changes to the Elementary and Secondary Education Act (ESEA). In September 2011, President Obama announced an ESEA regulatory flexibility initiative, which is based upon the Secretary of Education’s authority to issue waivers. According to the USDE, "This flexibility rewards States that are showing the courage to raise their expectations in their academic standards." The USDE has stated that this process is "not a pass on accountability. There will be a high bar for states seeking flexibility within the law." States that do not apply for the waiver will have to comply with the current No Child Left Behind (NCLB) requirements. New York's approved ESEA flexibility request is available below:
- NYSED ESEA Flexibility Request
(1.36MB) - Attachments (9.31MB)
On May 29, 2012 the United States Department of Education approved New York's ESEA waiver request.
New York’s waiver request is the product of months of work by Department staff, partners from numerous key stakeholder organizations, and experts in accountability systems. It also reflects a period of public comment.
In submitting a waiver request, New York is seeking to:
- Revise the Annual Measurable Objective (AMO) timeframe by which schools and districts are expected to ensure that all students are proficient in English language arts (ELA) and mathematics to make the goals more realistic and attainable.
- Use standards on Regents exams in ELA and mathematics that are better aligned to college- and career- readiness to hold schools and districts accountable.
- Discontinue the identification of schools for improvement, corrective action and restructuring and instead identify Priority and Focus Schools.
- Identify Focus Districts as a means to ensure that districts take dramatic actions in support of schools where performance of disaggregated groups of students is among the lowest in the State.
- Discontinue the identification of schools as high performing/rapidly improving and instead identify Reward Schools. The Department will make the Reward School designation more rigorous and meaningful.
- Use both proficiency and growth measures to make accountability determinations at the elementary and middle school levels.
- Create a single diagnostic tool ("The Diagnostic Tool for School and District Effectiveness") to be used throughout the school and district improvement continuum to drive supports and interventions.
- Reframe the existing set-asides in ESEA to support enhanced implementation in Priority and Focus Schools of the Regents' Reform Agenda, expanded learning time opportunities for students, and increased parental involvement and engagement.
Please check this site regularly, as the Department will use it to provide updates to districts and schools on plans for implementation of provisions of the waiver.
The ESEA waiver request was discussed at the monthly Board of Regents meetings from October 2011 – Febraury 2012. The Board of Regents approved the final version of the application (294KB) at its February 2012 meeting.
If you have any questions regarding the ESEA waiver initiative, please direct them to: eseathnktank@mail.nysed.gov.
Webinars
Topic |
Facilitators |
Date |
Notes |
ESEA Flexibility OverviewThe webinar provided an overview of the waiver, allowed for questions from the field, and gave the Department an opportunity to collect feedback in preparation for the submission of the waiver request to the U.S. Department of Education.For those unable to attend the webinar, an audio archive has been made available at the following link: http://ellum2.nyit.edu/play_recording.html?recordingId= 1247625803750_1327502754878  |
Ira Schwartz | Wednesday, 01-25-2012 | This is a past webinar. |
ESEA Flexibility Webinar: Status UpdateThe webinar provided further information on the implications of the ESEA waiver.See the presentation from the webinar For those unable to attend the webinar, an audio archive has been made available at the following link: |
Ira Schwartz | Thursday, 05-31-2012 | This is a past webinar. |
Supplemental Education Services (SES) and Public School ChoiceThe webinar provided participants with information about the impact that the approved ESEA Flexibility Request has on Supplemental Education Services (SES) and Public School Choice.See the presentation from the webinar For those unable to attend the webinar, an audio archive has been made available at the following link: |
Ira Schwartz Roberto Reyes |
Friday, 06-29-2012 at 11:00 a.m. | This is a past webinar. |
Accountability Metrics Under ESEA WaiverSee the presentation from the webinar For those unable to attend the webinar, an audio archive has been made available at the following link: |
Ira Schwartz | Monday, 07-09-2012 at 11:00 a.m. | Confirmed |
Focus District OverviewSee the presentation from the webinar For those unable to attend the webinar, an audio archive has been made available at the following link: |
Ira Schwartz | Wednesday, 07-11-12 at 12:30 p.m. | Confirmed |
Understanding ESEA Data FilesThe purpose of the webinar is to guide districts through the navigation of the data files posted on the portal.See the presentation from the webinar For those unable to attend the webinar, an audio archive has been made available at the following link: |
Shibu Joseph | Friday, 07-13-12 (Recorded) | Confirmed |
Consolidated Application and Use of Set-Asides |
Ira Schwartz Roberto Reyes |
Recorded (will be available on July 24, 2012) | Confirmed |
Diagnostic Tool |
Ira Schwartz Monica George-Fields |
Friday, 07-27-2012 at 11:00 a.m. | Tentative |
DCIP and CEP Plans |
Ira Schwartz Roberto Reyes |
Friday, 08-10-2012 at 11:00 a.m. | Tentative |
TBD |
TBD | Friday, 08-24-2012 at 11:00 a.m. | Tentative |