1. ESEA Flexibility U.S. Department of Education 1 INTRODUCTION STATES LEADING REFORM States and districts have initiated groundbreaking reforms and innovations to increase the quality of instruction and improve academic achievement for all students. NCLB requirements have unintentionally become barriers to State and local implementation of forward-looking reforms.

2. ESEA Flexibility U.S. Department of Education 2 PRINCIPLES FOR IMPROVING STUDENT ACHIEVEMENT AND INCREASING THE QUALITY OF INSTRUCTION 1. College- and Career-Ready Expectations for All Students 2. State-Developed Differentiated Recognition, Accountability, and Support 3. Supporting Effective Instruction and Leadership 4. Reducing Duplication and Unnecessary Burden

3. ESEA Flexibility U.S. Department of Education 3 CONSULTATION An SEA must engage diverse stakeholders and communities in the development of its request Engage and solicit input from – teachers and their representatives – diverse stakeholders, such as students, parents, community- based organizations, civil rights organizations, organizations representing students with disabilities and English Learners, business organizations, and Indian tribes. Consult with the State’s Committee of Practitioners

4. ESEA Flexibility U.S. Department of Education 4 PEER REVIEW PROCESS SEA requests will be evaluated by expert peer reviewers An SEA will have multiple opportunities to clarify its plans for reviewers and to answer any questions reviewers may have. If necessary, the Department will provide feedback to an SEA about components of the SEA’s request that need additional development Peer reviewer evaluations will inform the Secretary’s decisions to grant flexibility to SEAs.

5. ESEA Flexibility U.S. Department of Education 5 PRIORITY AND FOCUS SCHOOLS Q.How must an SEA identify its priority and focus schools?  An SEA must identify a number of schools equal to at least 5 percent of its Title I schools as priority schools, and at least an additional 10 percent of Title I schools as focus schools  An SEA must include its lists of priority and focus schools in its request and include them on report cards  An SEA may update its lists of priority and focus schools based on more recent data, but must ensure implementation of interventions in accordance with the SEA’s approved timeline  See FAQs C-22 through C-30

6. ESEA Flexibility U.S. Department of Education 6 SUPPLEMENTAL EDUCATIONAL SERVICES (SES) AND SCHOOL CHOICE Q.What are an LEA’s requirements related to SES and school choice under ESEA flexibility?  An LEA would no longer be required provide SES or school choice or reserve the funds to do so  An LEA could still use the funds on SES or choice-related transportation if it chooses to do so  See FAQs B-9 and B-10

7. ESEA Flexibility U.S. Department of Education 7 ESEA FLEXIBILITY AND HIGHLY QUALIFIED TEACHER REQUIREMENTS Q. Do LEAs that did not previously meet the State’s HQT targets still have to develop improvement plans?  Under ESEA flexibility, an LEA is not required to develop an improvement plan, regardless of the years for which it did not meet HQT targets  These waivers will be in effect once the SEA’s request for flexibility has been approved  Until the date that the request is approved, SEAs and LEAs must comply with all current laws

8. ESEA Flexibility U.S. Department of Education 8 TIMELINE FOR SUBMISSION IN ORDER TO PROVIDE FLEXIBILITY TO STATES BY THE END OF THE 2011-2012 SCHOOL YEAR, WE WILL PROVIDE TWO SUBMISSION WINDOWS Submit request by November 14, 2011 for December peer review Submit request by mid-February, 2012 for a Spring 2012 review