Skip to main content

Assessment and Accountability Waivers

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

March 9, 2022

The New York State Education Department (NYSED) 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. 

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

February 10, 2022

The New York State Education Department (NYSED) 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’s request for continuation of the current "Double Testing Waiver" will be for a period of four years, beginning with the 2021-2022 school year.

Comments on the Double Testing Waiver Proposal may be submitted here. The form for submitting public comments was created using Microsoft Forms and can be translated into languages other than English with a browser’s translator. Further instructions on how to translate the form can be found here. 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

 

Previous Waiver Documents

January 31, 2022:  USDE has denied NYSED’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).  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.  USDE has indicated that they will provide a separate response regarding that issue. 

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

December 22, 2021:

The New York State Education Department (NYSED) 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.  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.  The waiver requests and corresponding documents can be found here.

December 1, 2021:

The New York State Education Department (NYSED) 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.

Comments on the waiver proposal may be submitted here.  The form for submitting public comments was created using Microsoft Forms and can be translated into languages other than English with a browser’s translator.  Further instructions on how to translate the form can be found here.  Comments will be accepted through 5:00p.m. EST on Wednesday, December 15, 2021. 

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

February 12, 2021:

The New York State Education Department (NYSED) 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.  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.  The waiver requests and corresponding documents can be found here.

January 25, 2021:

The New York State Education Department (NYSED) 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 survey regarding the 2020-21 school year student assessment and school accountability processes.

NYSED Assessment Waiver Request Letter to USDE

NYSED Accountability and School Identification Waiver Request Letter to USDE