1. ESEA FLEXIBILITY Virginia Federal Programs Statewide Conference

2. ESEA Flexibility U.S. Department of Education 3 Background In September 2011, the United States Department of Education (USED) offered each State Educational Agency (SEA) the opportunity to request flexibility on behalf of itself, its Local Educational Agencies (LEAs), and schools. Purpose: to help SEAs, LEAs and schools move forward with state and local reforms: designed to improve student learning; and increase the quality of instruction for all students.

3. ESEA Flexibility U.S. Department of Education 4 Voluntary Opportunity Provides flexibility regarding certain requirements of the Elementary and Secondary Education Act of 1965 (ESEA) as amended by the No Child Left Behind Act of 2001 (NCLB). In exchange for rigorous and comprehensive State-developed plans: Designed to improve educational outcomes for all students; Close achievement gaps; Increase equity; and Improve the quality of instruction.

4. ESEA Flexibility U.S. Department of Education 5 Key NCLB Requirements Content and achievement standards for all students in reading/language arts, mathematics and science No specific requirements for the rigor of standards Aligned assessments Administered annually in each of grades 3-8 and at least once in high school for reading/language arts and mathematics Administered once in each of three grade spans (3- 5, 6-9 and 10-12) for science

5. ESEA Flexibility U.S. Department of Education 6 Key NCLB Requirements Adequate yearly progress (AYP) based on: Each subgroup making annual measurable objectives (AMOs) Each subgroup making 95 percent participation rate For high schools, each subgroup making graduation rate goal or target For elementary/middle schools, all students making the other academic indicator (e.g. attendance rate, science, writing, etc.)

6. ESEA Flexibility U.S. Department of Education 7 Key NCLB Requirements AMOs: Result in 100 percent proficiency by 2014 Increase in equal increments at least every three years Same for all LEAs, schools and subgroups Example:

7. ESEA Flexibility U.S. Department of Education 8 Key NCLB Requirements Failure to make AYP for two consecutive years or more results in identification of a school for improvement, corrective action or restructuring and required LEAs to take certain actions. Required actions include an LEA using an amount equal to 20 percent of its Title I funds to provide transportation for public school choice and supplemental educational services (SES).

8. ESEA Flexibility U.S. Department of Education 9 Why ESEA Flexibility? With the 2014 deadline approaching, Annual Measureable Objectives (AMOs) were increasing and more schools were being identified for improvement, including some high-achieving schools. One-size fits all accountability system was not sufficiently differentiating among identified schools. Requirements for AMOs, AYP and identification for improvement created a perverse incentive to lower standards in an attempt to identify fewer schools.

9. ESEA Flexibility U.S. Department of Education 10 Relief Offered from NCLB ED offered relief from the following NCLB requirements among others: 2014 deadline for 100 percent proficiency Requirements for how AMOs are set Requirements to make AYP determinations Requirements to identify schools for improvement, corrective action or restructuring. Requirements to offer SES and Public School Choice

10. ESEA Flexibility U.S. Department of Education 11 Core Principles Principle 1 Each SEA is raising expectations so that all students graduate from high school ready for college and a career by implementing:  State-developed college- and career-ready standards;  High-quality assessments aligned to those standards that  Help educators improve instructional practices  Provide all students with the opportunity to demonstrate what they know and are able to do;  Provide parents with useful information about student performance.

11. ESEA Flexibility U.S. Department of Education 12 Core Principles Principle 2 Each SEA is implementing differentiated accountability systems for schools and districts that incorporate a variety of measures, including:  Rigorous performance and graduation rate targets to:  Identify under-performing schools and subgroups;  Target meaningful interventions based on need; and  Identify high-performing or rapidly improving schools.  Strategic approaches that create purposeful differentiation that allows States to:  Take dramatic action in the lowest-performing schools; and  Provide greater autonomy to high performing schools.

12. ESEA Flexibility U.S. Department of Education 13 Core Principles Principle 3 Each SEA has committed to implement teacher and principal evaluation and support systems based on multiple measures including:  Student growth as a significant factor; and  Other measures of professional practice that meaningfully differentiate performance such as  Observations based on rigorous teacher performance standards;  Teacher portfolios; and  Student and parent surveys.  These systems are designed to provide teachers and leaders with clear, timely, and useful feedback.

13. ESEA Flexibility U.S. Department of Education 14 Core Principles Principle 4 Each SEA is working to reduce duplication and unnecessary burden.

14. ESEA Flexibility U.S. Department of Education 15 2011 Approved States Forty-two (42) states and the District of Columbia and Puerto Rico received approval in 2011.

15. ESEA Flexibility U.S. Department of Education 16 New Flexibility Invitation In November 2014, USED invited all SEAs with requests that would expire at end of the 2014-2015 school year to request a three-year renewal of ESEA flexibility that would extend through the end of the 2017-2017 school year. In addition, any Window 1 or Window 2 SEA fully meeting its commitments to the timelines and principles of ESEA flexibility is eligible to request a four-year renewal through the 2018-2019 school year.

16. ESEA Flexibility U.S. Department of Education 17 2015 ESEA Flexibility Submissions All states and territories that took advantage of the ESEA flexibility opportunity in 2011, applied for the 2015 opportunity. Expedited opportunity for Window 1 or 2 states Apply by January 31, 2015 Approvals announced on March 31, 2015: KY, MN, NC, NM, VA 4 year approvals through the 2018-2019 school year

17. ESEA Flexibility U.S. Department of Education 18 2015 ESEA Flexibility Submissions Additional approvals announced: 4 year approvals: NY 3 year approvals: DC, GA, HI, KS, MO, NV, PR, RI, SC, and WVA 1 year approvals: DE, MA and OK

18. ESEA Flexibility U.S. Department of Education 19 Why Approve Waiver Renewals Now? Strong, bipartisan reauthorized ESEA is the best solution and that means a law that holds high expectations for all students and protects the most vulnerable. However, approved waivers for nearly all States are set to expire before the new school year begins in September 2015; and in the absence of reauthorization, ED wants to continue to provide States the flexibility they need to innovate and focus on schools and students most at risk. In the event that Congress reauthorizes ESEA, ED will work with States to help them transition from ESEA flexibility to implementation of the reauthorized ESEA.

19. ESEA Flexibility U.S. Department of Education 20 Highlights of ESEA Flexibility for States Georgia has supported college and career readiness by enabling middle school students taking advanced, high school level math and science courses to take the high school level end-of-course assessment early, in place of the end-of-grade assessment. Hawaii has designed a comprehensive and integrated structure to provide customized support to schools through the use of its Complex Area Support Teams (CAST). These teams provide individualized technical assistance to schools for each of the six priority strategies. West Virginia has developed a program that provides continuous support for priority schools, utilizing dedicated state-level school improvement coordinators who meet weekly with school leadership teams to determine the specific needs of each school and to provide a customized approach to school improvement.

20. ESEA Flexibility U.S. Department of Education 21 Highlights of ESEA Flexibility for States New York has been able to focus on the equitable distribution of effective teacher talent. One major way this is being accomplished is through the Teacher and Leader Effectiveness Continuum, which is a seven-component plan designed to improve the quality, quantity and diversity of the teacher workforce. This innovative system focuses on all areas of an educator’s professional practice, including preparation while in a college-setting, recruitment and placement, mentoring, and performance management. Missouri has implemented the Diverse Learner Amplification Project. Teachers for English language learners and students with disabilities, and core academic teachers from all parts of Missouri, participated in work to ensure that English language learners, students with disabilities and economically disadvantaged students not only develop the academic language required to be successful in core curriculum, but also develop skills that will allow them to go on to a successful post-secondary program.

21. ESEA Flexibility U.S. Department of Education 22 Highlights of ESEA Flexibility for States Delaware is providing extensive in-person and online support for staff implementing teacher and principal evaluation and support systems in order to ensure that those systems provide feedback that educators can actually use to improve their instructional practice. South Carolina has focused on using data to improve educational opportunities and outcomes for students. The state has created an innovative set of data dashboards that can be used by school guidance counselors, parents and educators to identify individual student needs and inform timely, accurate and effective educational strategies and activities to address those needs.

22. ESEA Flexibility U.S. Department of Education 23 Contact Information Roberta Miceli, Deputy Director United States Department of Education Office of State Support Roberta.Miceli@ed.gov (202) 453-7019