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Assessment and Accountability Waivers

This page contains information about New York State's听Every Student Succeeds Act (ESSA) Assessment and Accountability Waiver Requests to the United States Department of Education (USDE).

May 16,2024

The 91社区 (91社区 or 鈥渢he Department鈥) is formally requesting a waiver of听Section 421(b) of the General Education Provisions Act, to extend the period of availability for State administrative funds consolidated under ESEA section 8201, including ARP State administrative funds and fiscal year (FY) 2022 ESEA State administrative funds. The waiver will allow 91社区 to use funds reserved for administration under ESEA section 8201 to address ongoing administrative costs and avoid diverting funds away from critical services for LEAs, schools, students, and teachers and other educational staff. The waiver will also allow 91社区 to implement the monitoring plans embedded in our United States Department of Education-approved State ARP Plan as well as retain the ability to provide technical assistance throughout the late liquidation and reporting periods to ensure quality implementation and data sharing by all LEAs in the state.听Comments on the draft waiver may be e-mailed to听p12Deputy@nysed.gov.

91社区 Waiver Request of Section 421(b) of the General Education Provisions Act, to extend the period of availability for consolidated State administrative funds under section 8201 of the Elementary and Secondary Education Act (ESEA)

Previous Waiver Documents

May 20, 2022

The United Stated Department of Education (USDE) has approved the 91社区鈥檚 (91社区鈥檚) request for a federal waiver extension related to the continuation of the current 鈥淒ouble Testing Waiver鈥 for Grade 6, 7, and 8 mathematics and Grade 7 and 8 science tests that will be in effect from the 2021-2022 school year through the 2024-2025 school year.听

91社区 Memo Regarding USDE Approval of the 2021-22 Grade 7 and 8 Math and Science Testing Waiver Extension Request

March 9, 2022

The 91社区 (91社区) submitted a federal waiver extension request to the United States Department of Education (USDE) related to the continuation of the current 鈥淒ouble Testing Waiver鈥 for Grade 7 mathematics and Grade 8 science tests for an additional four years, beginning with the 2021-22 school year.听

2021-22 Grade 7 Math and Grade 8 Science Testing Waiver Extension Request to USDE

February 10, 2022

The 91社区 (91社区) is accepting public comment for the extension of a proposed waiver request to the U.S. Department of Education (USDE) related to two statutory requirements of Title I, Part A of the Elementary and Secondary Education Act (ESEA), as amended by the Every Student Succeeds Act (ESSA). The Department鈥檚 request for continuation of the current "Double Testing Waiver"听will be for a period of four years, beginning with the 2021-2022 school year.

. The form for submitting public comments was created using Microsoft Forms and can be translated into languages other than English with a browser鈥檚 translator. . Comments will be accepted through 5:00p.m. EST on Thursday, February 24, 2022.

2021-22 Grade 7 and 8 Math and Science Testing Waiver Extension Request to USDE

January 31, 2022:听听USDE has denied 91社区鈥檚 request for a waiver from accountability and school identification requirements in Sections 1111(c)(4) and 1111(d)(2)(C)- (D) of the Elementary and Secondary Education Act of 1965 (ESEA).听 The waiver request from school improvement requirements in Section 1003(b)(1)(a) of the ESEA to use Title I School Improvement funds is still under consideration.听 USDE has indicated that they will provide a separate response regarding that issue.听

91社区 Memo Regarding USDE Response to Submitted Federal ESSA Accountability Waiver for the 2021-22 School Year

December 22, 2021:

The 91社区 (91社区) submitted a federal waiver request related to state accountability requirements and Title I School Improvement funds on Wednesday, December 22, 2021 to the United States Department of Education (USDE) on behalf of all Local Education Agencies (LEAs) in New York State.听 The waiver requests additional flexibility related to certain provisions of the federal Every Student Succeeds Act (ESSA) pertaining to identification of schools and districts for improvement using data from the 2021-22 school year and to usage of Title I School Improvement Funds.听听The waiver requests and corresponding documents can be found here.

December 1, 2021:

The 91社区 (91社区) is accepting public comment on a waiver request to the United States Department of Education (USDE) for additional flexibility related to certain provisions of the federal Every Student Succeeds Act (ESSA) pertaining to identification of schools and districts for improvement using data from the 2021-22 school year and to usage of Title I School Improvement Funds.

.听 The form for submitting public comments was created using Microsoft Forms and can be translated into languages other than English with a browser鈥檚 translator.听听听Comments will be accepted through 5:00p.m. EST on Wednesday, December 15, 2021.听

2021-22 91社区 Accountability and School Identification Waiver Request Letter to USDE

February 12, 2021:

The 91社区 (91社区) submitted two federal waiver requests related to state assessment and accountability requirements on Friday, February 12, 2021 to the United States Department of Education (USDE) on behalf of all Local Education Agencies (LEAs) in New York State.听 The waiver requests address the unique circumstances caused by the ongoing pandemic that have resulted in many students receiving some or all of their instruction remotely.听 The waiver requests and corresponding documents can be found here.

January 25, 2021:

The 91社区 (91社区) is seeking input from stakeholders about the need for additional flexibility related to certain provisions of the federal Every Student Succeeds Act (ESSA) pertaining to administration of State assessments in spring 2021 and identification of schools and districts for improvement.

Comments on the draft waivers may be e-mailed to ESSAComments@nysed.gov with 鈥淓SSA Comments from (sender/organization name)鈥 in the subject line. Comments will be accepted through February 5, 2021. In addition, stakeholders are encouraged to fill out a brief regarding the 2020-21 school year student assessment and school accountability processes.

91社区 Assessment Waiver Request Letter to USDE

91社区 Accountability and School Identification Waiver Request Letter to USDE