1. NORTH CAROLINA ESEA Flexibility Request September 12, 2012
March 6, 2012

2. ESEA Flexibility Involvement of staff across DPI divisions
Federal Programs
District and School Transformation
Accountability
Curriculum and Instruction
Educator Recruitment and Development
Exceptional Children
English as a Second Language

3. ESEA Flexibility Involvement of stakeholders
Title I Committee of Practitioners
Superintendents
Educators
Educator Groups (RESAs, NCAE)
Title I Distinguished Schools Advisory
Parent Involvement Task Force
Exceptional Children Directors’ Advisory Committee

4. 4 Principles of ESEA Flexibility
College-and-Career-Ready Expectations for All Students ()
State-Developed Differentiated Recognition, Accountability, and Support (synthesizing feedback)
Supporting Effective Instruction and Leadership ()
Reducing Duplication and Unnecessary Burden ()

5. ESEA Flexibility
By demonstrating a state’s plans to address the 4 Principles….
States can receive
Flexibility Around Certain Provisions of No Child Left Behind

6. What Flexibility Is Offered?
WAIVER
WHAT IT REMOVES
WHAT IT ALLOWS 1
1111(b)(2) (E-H)
Removes required procedures for setting AMOs to use in determining AYP
Allows SEA to develop new AMOs for determining AYP reading/math 2
1116(b)
Removes current AYP status of schools and requirements for sanctions
Allows LEA to use set-aside Title I monies in Focus and other Title I schools and reduces burden for administrative and reporting requirements
3 1116(c)
Removes LEA AYP status and requirements for sanctions
4 6213(B)/6224(E)
Removes restrictions on use of REAP funds related to AYP
Allows LEAs to use REAP funds for any authorized purpose regardless of LEA’s AYP status

7. What Flexibility Is Offered?
WAIVER
WHAT IT REMOVES
WHAT IT ALLOWS 5
1114(a)(1)
Removes requirement of 40% poverty to operate schoolwide program
Allows flexibility to spend  funds on Priority, Focus, and other Title I schools and reduces administrative burden connected to those restrictions. 6
1003(a)
Removes restriction that funds are used only for schools in improvement status 7
1117 (c)(2)(A)
Removes restriction that funds may only be provided for schools in the highest quartile of poverty 8
2141(a-c)
Removes restrictions on use of Title I and Title II funds related to HQT 9
6123
Removes limitation on percent transfer of other funds into Title I 10
1003(g)
Removes restriction that 1003(g) funds are used only for SIG schools
Allows use of 1003(g) funds for any Priority school 11
Optional Flexibility
Removes restriction that funds are only be used for programs outside of the school day
Allows 21st CCLC funds to be used for expanded learning w/in school day
(NOTE: All 1003(g) funds are committed to current SIG sub-grantees through )

8. 1116(a)(1)(A)-(B) and 1116(c)(1)(A)
What Flexibility Is Offered?
WAIVER
WHAT IT REMOVES
WHAT IT ALLOWS 12
1116(a)(1)(A)-(B) and 1116(c)(1)(A)
The requirements in ESEA that require LEAs and SEAs to make determinations of adequate yearly progress (AYP) for schools and LEAs, respectively.
Disaggregated reporting on all subgroup’s progress toward meeting their Annual Measurable Objectives. 13
1113(a)(3)-(4) and (c)(1)
The requirements in ESEA that require an LEA to serve eligible schools under Title I in rank order of poverty and to allocate Title I, Part A funds based on that rank ordering.
Allows LEAs to serve a Title I-eligible high school with a graduation rate below 60 percent that the SEA has identified as a priority school even if that school does not rank sufficiently high to be served.
Change in the guidance issued by the USED on February 10, 2012

9. Principle 1 College and Career Ready Expectations
Recognition, Accountability and Support System
Supporting Effective Instruction and Leadership
Reducing Duplication and Unnecessary Burden
How are we addressing?
Adopted Common Core and Essential Standards
Plan to Transition to New Standards including
Instructional Toolkits
Summer Institutes
Instructional Improvement System
New Summative Assessments
Adoption of ACT

10. Principle 3 Supporting Effective Instruction and Leadership
College and Career Ready Expectations
Recognition, Accountability and Support System
Supporting Effective Instruction and Leadership
Reducing Duplication and Unnecessary Burden
Adoption of North Carolina Educator Evaluation System
Inclusion of student outcomes in teacher and principal evaluation

11. Principle 4 Reducing Duplication and Unnecessary Burden
College and Career Ready Expectations
Recognition, Accountability and Support System
Supporting Effective Instruction and Leadership
Reducing Duplication and Unnecessary Burden
Reducing burden associated with administration of the current No Child Left Behind requirements
Reduction of duplication in planning
Monday, February 20, 2012

12. Principle 2 Recognition, Accountability and Support System
College and Career Ready Expectations
Recognition, Accountability and Support System
Supporting Effective Instruction and Leadership
Reducing Duplication and Unnecessary Burden
Development of State Recognition, Accountability and Support System for All Schools
Resetting Annual Measurable Objectives and ensuring those are a meaningful component of state system
Identifying and Supporting/Intervening in Priority Schools (the lowest achieving and lowest progress Title I schools)
Identifying and Supporting/Intervening in Focus Schools (those Title I schools contributing to the achievement gap)
Identifying and Recognizing Reward Schools (highest achievement and highest progress Title I)
Support for all Title I schools

13. Reduce Not- Proficient by ½ in 6 years (by 2017)
Principle 2 Recognition, Accountability and Support System
Annual Measurable Objectives
Reduce Not- Proficient by ½ in 6 years (by 2017)
Sets targets for subgroups to impact closing of gaps

14. Understanding New AMOs
Two important results of this method are
Acknowledges that subgroups have different starting points
Differentiated targets are ambitious and achievable

15. Understanding New AMOs
means 42.4% are not proficient.
Baseline
Targets
Targets
Targets
Targets
Targets
Targets
Reading
Subgroup GS HS
Total (All students)
72.8
84.2
75.1
85.5
77.3
86.8
79.6
88.2
81.9
89.5
84.1
90.8
86.4
92.1
Native American
57.7
61.2
64.8
68.3
71.8
75.3
78.9
Asian
79.1
81.0
80.8
82.6
84.3
85.8
86.1
87.3
87.8
88.9
89.6
90.5
Black
54.0
74.7
57.8
76.8
61.7
65.5
69.3
83.1
73.2
85.2
77.0
87.4
Hispanic
57.6
75.6
61.1
77.6
64.7
79.7
68.2
81.7
71.7
83.7
78.8
Multiracial
73.3
86.6
75.5
87.7
77.8
88.8
80.0
90.0
82.2
91.1
84.4
92.2
86.7
93.3
White
90.4
83.2
91.2
84.8
92.0
86.3
92.8
93.6
89.3
94.4
90.9
95.2
Economically Disadvantaged
57.9
61.4
64.9
68.4
71.9
75.4
79.0
Limited English proficent
37.2
32.1
42.4
37.8
47.7
43.4
52.9
49.1
58.1
54.7
63.4
60.4
68.6
66.1
Students With Disabilities
39.5
45.9
44.5
50.4
49.6
54.9
54.6
59.4
59.7
63.9
69.8
73.0
Decrease by half in equal increments over 6-years means
42.4/2 = point improvement over 6 years
21.2/6 ≈ 3.5 point increase every year

16. Gap Closure
Gap Closure over time.

17. Steeper targets mean accountability for closing gaps.
Gap Closure
Steeper targets mean accountability for closing gaps.
The furthest behind must improve at the fastest rate.

18. Annual Measurable Objectives
Feedback from CCSSO Review
Use AMO targets in a meaningful way in state accountability
Report AMOs on the Accountability Dashboard
Total number of school targets
Percent of targets met

19. Priority Focus Reward Priority, Focus, & Reward USED Definitions
From USED Flexibility Guidance:
From USED Flexibility Guidance:
From USED Flexibility Guidance:
A “priority school” is a Title I or Title I-eligible school that, based on the most recent data available, has been identified as among the lowest-performing schools in the State.
A “focus school” is a Title I school in the State that, based on the most recent data available, is contributing to the achievement gap in the State.
A “reward school” is a Title I school that, based on the most recent data available, is a highest-performing school or a high-progress school.
(Must make AYP for all subgroups and cannot have persistent achievement gaps)

20. Priority, Focus, & Reward Methodology Employed by NCDPI
Determined by
Reading + Math Performance Composite < 50 % in school year and one of the two previous years ( or )
Graduation rate
< 60 %
Determined by
Schools with the largest in-school gaps for school year and one of the two previous years ( or )
Above 3-year state average of 38.7%
Title I schools with a subgroup with proficiency score below 50% for school year and one of the two previous years
Determined by
Poverty rate at or above 50% and gap between highest and lowest performing subgroups below 3-year state average and
Schools made AYP and all subgroups have performance composite above state performance composite and graduation rate, if any, above state graduation rate or
Schools in the highest 10% performance composite progress and graduation rate progress, if any, for “all students” over a 2-year period.

21. Priority Focus Priority and Focus What interventions will be required?
SEA must ensure that interventions are aligned with each of the following “turnaround principles”:
Strong leadership
Effective teachers and improved instruction
Expanded learning time
Strengthened instructional program
Use of data
School safety and discipline
Family and community engagement
LEA/School must implement interventions to address the gap in performance for which they were identified
Interventions must reflect evidence-based best practices aligned to overall school improvement efforts within the Title I school program

22. Interventions in Priority Schools
Interventions aligned to turnaround principles must be:
Developed in consultation with stakeholders;
Managed through an implementation team;
Addressed utilizing the Indistar® tool;
Aligned to the school needs assessment; and
Planned to ensure family and community engagement and support.

23. Interventions in Focus Schools
For Focus Schools, LEAs must:
Select and implement interventions in consultation with stakeholders;
Address the interventions in the comprehensive school plan; and
Include strategies to meet the needs of all children particularly the lowest achieving and how those needs will be met in a timely and effective manner.
NOTE: School plans must be revised and approved by the LEA prior to November 1, 2012, so that schools begin implementing some of the interventions during the school year.

24. Interventions in Focus Schools
LEAs may choose to implement school choice options or before- and after-school tutoring services as well as other interventions in its Focus Schools such as:
Expand learning time in coordination with community and business partnerships (e.g., 21st Century Community Learning Center programs, Supplemental Educational Services (SES) providers, etc.);
Replace all or most of the school staff;
Extend the length of the school year or school day;
Diminish school-based management and decision making or increase control, monitoring, and oversight of the school’s operations and educational program by the LEA
Close the school and reopen as a focus or theme school

25. Interventions in Focus Schools
Interventions addressed in the comprehensive school plan must be:
Aligned to the school needs assessment;
Supported through school processes such as increased learning time and time for teacher planning;
Supported through effective teacher instruction;
Supported with high-quality job-embedded professional development for instructional staff;
Monitored through the use of academic assessments with teacher input; and
Planned to ensure family and community engagement and support.

26. Statewide System of Recognition, Accountability and Support
Strategic Roundtable
Monitors statewide achievement data
AMO targets
Proficiency and Growth
Agency Roundtable
Identifies needs and ensures cross-division collaboration
Regional Roundtables
Analyzes trends and common needs across regions
Facilitates technical assistance

27. 3 potential levels of support
Intensive Support and Intervention
Moderate Support and Intervention
Independent with General Support

28. Frequently Asked Questions – ESEA Flexibility
With the approved waivers, will the State continue to report AYP for districts and schools?
No. The State will report district and schools performance against the new AMOs for all subgroups, but will not be required to report AYP. This change in the guidance was issued by the USED on February 10, 2012, and is reflected in the additional waiver offered in the updated ESEA Flexibility Request.

29. Frequently Asked Questions – ESEA Flexibility
What happens if subgroups do not meet AMOs?
Progress on AMOs, along with other measures of student achievement; will be reviewed annually by the SEA to determine schools/districts that may need additional support within the Statewide System of Support. Districts should also review AMO progress and use the results in making decisions about interventions and strategies to address in the district’s Title I Plan that will meet the needs of under-performing subgroups.
Saturday, October 12, 2019

30. Frequently Asked Questions – ESEA Flexibility
What must an SEA do with respect to ELP standards
and assessments?
The SEA must provide an assurance that it will:
Adopt ELP standards that correspond to the State’s college- and career-ready standards no later than the 20132014 school year, and that reflect the academic language skills necessary to access and meet the new college- and career-ready standards.
Develop and administer high-quality ELP assessments aligned with the State’s ELP standards, consistent with the requirements in ESEA sections 1111(b)(7), 3113(b)(2), and 3122(a)(3)(A)(ii).
Saturday, October 12, 2019

31. Frequently Asked Questions – ESEA Flexibility
What interventions must an LEA implement in its Priority schools?
An LEA that has a Priority school must implement interventions aligned with the turnaround principles, which are described in the document titled ESEA Flexibility accessible at An LEA may also implement any of the four SIG models — the turnaround model, the restart model, the school closure model, and the transformation model — in its Priority schools.

32. Frequently Asked Questions – ESEA Flexibility
What funds are available for Priority schools?
SIG schools will continue to use funds from the SIG program authorized by ESEA section 1003(g) consistent with the LEA’s approved SIG application.
Other Priority schools may use school improvement funding reserved by the SEA for subgrants to LEAs under ESEA section 1003(a).

33. Frequently Asked Questions – ESEA Flexibility
Following approval of the request, may an LEA continue to set-aside Title I, Part A funds to provide school choice transportation for students in Title I schools currently ( ) identified for school improvement?
Yes. Setting aside Title I funds to support choice transportation efforts will continue to be allowed, as is currently the case under Title I rules. Note that students must be allowed to remain in the choice school through the highest grade of that school.

34. Frequently Asked Questions – ESEA Flexibility
May an SEA allow LEAs currently ( ) identified for LEA Improvement to continue their K12/Title I/Non-Title I professional development efforts with existing ( ) LEA improvement set-aside funds in carryover?
Yes. LEA improvement (set-aside) carryover funds may continue to be used in the same manner for the remainder of the period of availability (Sept. 30, 2013).

35. Frequently Asked Questions – ESEA Flexibility
Upon approval, may the SEA continue to permit the use of 1003(a) carryover funds in schools currently identified for school improvement, corrective action, or restructuring for the full 27-month period of availability?
Yes. 1003(a) carryover funds may continue to be used to support currently identified schools through the period of availability (Sept. 30, 2013).

36. Frequently Asked Questions – ESEA Flexibility
If a school remains in Priority or Focus status for 3 years, and Reward status for 1 year, could a school possibly be in 2 categories at the same time?
Yes. Schools initially identified as Priority or Focus could make substantial progress during the course of the three-year period and could be identified as a Reward school in a subsequent year.

37. Frequently Asked Questions – ESEA Flexibility
Will the LEA be required to offer afterschool tutoring in its Focus Schools?
No. Rather than focusing on implementing a “program,” districts must implement interventions in its Focus Schools that reflect evidence-based best practices aligned to overall school improvement efforts within the Title I school program. The comprehensive school plan must identify how the interventions demonstrate the most likelihood for increasing the academic performance for under-performing student subgroups. This may include afterschool tutoring.

38. Frequently Asked Questions – ESEA Flexibility
How should an LEA take into account the needs of
subgroups, in particular the needs of English Learners
and students with disabilities, when implementing
interventions in a focus school?
An LEA should ensure that its selection of one or more
interventions is based on data and other information
on the academic and non-academic needs of student
subgroups, including English Learners, students with
disabilities, and low-achieving students.
Saturday, October 12, 2019

39. Frequently Asked Questions – ESEA Flexibility
How can an SEA ensure that its LEAs implement
interventions in focus schools in a manner that meets
the requirements of ESEA flexibility and civil rights
laws?  
ESEA flexibility does not require interventions to be focused exclusively
on the students that compose the subgroup or subgroups that caused
the school to be identified. Rather, interventions in focus schools
should be designed to improve the performance of the lowest-
performing students in the school — based on an assessment of the
specific academic needs of the school and its students — regardless of
the particular subgroup or subgroups to which the students belong.
Saturday, October 12, 2019

40. Frequently Asked Questions – ESEA Flexibility
If the LEA chooses to implement afterschool tutoring, will LEAs be required to use State-approved SES providers?
No. Although the administration of SES under provisions of Section 1116 of ESEA will no longer be required, LEAs and charter schools may choose to offer tutoring services with State-approved SES providers. Through a renewal process, the SEA will maintain the current list of State-approved SES providers through Additionally, NC will monitor and evaluate State-approved SES providers as outlined in its State Board Policy.

41. Frequently Asked Questions – ESEA Flexibility
With an approved waiver:
An LEA may choose to implement afterschool tutoring or other interventions in its Focus schools.
These afterschool tutoring services may be offered in a Focus school with funds reserved at the district level or funds provided in school allocations.
Services are not limited to low-income students or subject to the per pupil cap.
An LEA may continue to offer services through its own state-approved SES provider organization or may offer tutoring through a school (non-SES) program or through some other partnership with an external provider (e.g., State-approved SES, other tutoring service providers, volunteer programs, etc.).
An LEA has flexibility in the use of funds previously required to implement choice/SES to support its Focus schools as well as its other Title I schools (i.e., 20% of total Title I allotment).