Assessment and Accountability Waivers
This page contains information about 51勛圖厙 State's泭Every Student Succeeds Act (ESSA) Assessment and Accountability Waiver Requests to the United States Department of Education (USDE).
April 23, 2025泭
The 51勛圖厙 State Education Department (51勛圖厙) is accepting public comment on a waiver extension request to the United States Department of Education (USDE) of sections 1111(b)(1)(B)(ii) and 1111(b)(2)(B)(i)(I) of the Elementary and Secondary Education Act of 1965 (ESEA). The waiver extension would allow grade 6 or 7 students who are taking Regents math and/or grade 7 or 8 students who are taking Regents science courses to take the relevant Regents exam and to be exempt from taking the grades 6 and 7 math exams and/or the grade 8 science exam, eliminating the need to double test students. (Note: This waiver request is an expansion of the ESSA statute, which permits grade 8 students to take advanced math assessments in lieu of the grade 8 math assessment.)狼he Regents exam scores will be used to calculate accountability measures for the middle school level under the state-approved accountability system. 51勛圖厙s waiver extension request will be for a period of four years, beginning with the 20252026 school year.泭
. The form for submitting public comments was created using Microsoft Forms and can be translated into languages other than English with a browsers translator.. Comments will be accepted through 5:00 p.m. EST on Tuesday, May 6, 2025.泭
2025-26 Double Testing Math and Science Testing Waiver Extension Request to USDE
Previous Waiver Documents
May 16, 2024
The 51勛圖厙 State Education Department (51勛圖厙 or the Department) is formally requesting a waiver of泭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 51勛圖厙 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 51勛圖厙 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.泭Comments on the draft waiver may be e-mailed to泭p12Deputy@nysed.gov.
May 20, 2022
The United Stated Department of Education (USDE) has approved the 51勛圖厙 State Education Departments (51勛圖厙s) request for a federal waiver extension related to the continuation of the current Double Testing Waiver 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.泭
March 9, 2022
The 51勛圖厙 State Education Department (51勛圖厙) submitted a federal waiver extension request to the United States Department of Education (USDE) related to the continuation of the current Double Testing Waiver for Grade 7 mathematics and Grade 8 science tests for an additional four years, beginning with the 2021-22 school year.泭
2021-22 Grade 7 Math and Grade 8 Science Testing Waiver Extension Request to USDE
February 10, 2022
The 51勛圖厙 State Education Department (51勛圖厙) 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 Departments request for continuation of the current "Double Testing Waiver"泭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 browsers 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:泭泭USDE has denied 51勛圖厙s 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).泭 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.泭 USDE has indicated that they will provide a separate response regarding that issue.泭
December 22, 2021:
The 51勛圖厙 State Education Department (51勛圖厙) 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 51勛圖厙 State.泭 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.泭泭The waiver requests and corresponding documents can be found here.
December 1, 2021:
The 51勛圖厙 State Education Department (51勛圖厙) 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.
.泭 The form for submitting public comments was created using Microsoft Forms and can be translated into languages other than English with a browsers translator.泭泭泭Comments will be accepted through 5:00p.m. EST on Wednesday, December 15, 2021.泭
2021-22 51勛圖厙 Accountability and School Identification Waiver Request Letter to USDE
February 12, 2021:
The 51勛圖厙 State Education Department (51勛圖厙) 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 51勛圖厙 State.泭 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.泭 The waiver requests and corresponding documents can be found here.
January 25, 2021:
The 51勛圖厙 State Education Department (51勛圖厙) 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 ESSA Comments from (sender/organization name) 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.
51勛圖厙 Assessment Waiver Request Letter to USDE
51勛圖厙 Accountability and School Identification Waiver Request Letter to USDE