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August 1, 2016
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JP O'Hare

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State Education Department Submits Comments on Federal Every Student Succeeds Act Rulemaking Guidance

Feedback to U.S. Department of Education on accountability, data reporting, and state plans stresses flexibility, calls out unworkable aspects of new regulation

The New York State Education Department today submitted comments on the U.S. Department of Education’s (USDE) Notice of Proposed Rulemaking on accountability, data reporting, and state plans as amended by the Every Student Succeeds Act (ESSA). The Department found that in many ways USDE adheres to the clear intent of Congress and gives states flexibility to create their own accountability systems in cooperation with stakeholders. However, the Department found several instances where the draft rulemaking imposes conditions on states that are overly prescriptive, onerous or, in a few instances, unworkable.

“We are pleased to find that much of the guidance remained true to the spirit of the law and gives us a real opportunity to work with our partners across New York to create an accountability system that is the best match for our State’s particular needs,” State Education Commissioner MaryEllen Elia said. “At the same time, some of the proposed rules run contrary to that spirit and are overly prescriptive. The timeline for implementation is too hasty; the language concerning identification of schools for improvement is too narrow; and the use of a four-year adjusted graduation rate for accountability purposes is counterproductive. We encouraged parents and educators to provide comment to USED as well, and we are optimistic that they will consider all of this feedback and make the necessary adjustments so ESSA will allow us to hold our districts and schools accountable in the ways that make sense for New York.

  • Read USED’s Notice of Proposed Rulemaking here.
  • Read the New York State Education Department’s full response to the draft rulemaking here.