Guidance on the Impact of the Department’s Recently Approved Elementary and Secondary Education Act (ESEA) Waiver

Math teachers

On September 22, 2014, the United States Department of Education (USDE) granted New York State's request for a renewal of the waiver from Elementary and Secondary Education Act (ESEA) provisions that currently require students who take Regents exams in mathematics when they are enrolled in seventh or eighth grade to also take the State mathematics assessment for that grade. The waiver, which was first approved by USDE on January 2, 2014, gives schools districts and BOCES the flexibility to end the "double-testing" of these students for the 2014-2015 school year.

The ESEA waiver was approved for the 2013-14 and 2014-15 school years and is subject to renewal by USDE beyond the 2014-15 school year. There is no guarantee that the USDE will extend the waiver beyond the 2014-15 school year; however, USDE now permits states to seek this wavier as part of their ESEA flexibility waiver renewal application.

Below are links to two documents:

  1. A memo from Assistant Commissioner Julia Rafal-Baer that outlines the different portions of an APPR plan that may be impacted by the ESEA waiver.
  2. The Department’s ESEA Waiver Material Change Form, for use by those districts or BOCES that want to make a material change to the portions of their APPR plan that are impacted by the ESEA waiver.

With the approaching March 1, 2015 deadline to submit a material change, the Department will conduct an expedited review for those impacted by the ESEA waiver through the use of the attached form. As part of the expedited review, the Department will only review the listed material changes included on the ESEA Waiver Material Change Form. No other portion of the APPR plan will be reviewed by the Department for compliance with Education Law §3012-c. If your district or BOCES has concerns regarding the implementation of measures in its currently approved APPR plan in light of the ESEA waiver, the Department recommends that you consult with your local counsel before determining whether a material change is needed to your currently approved APPR plan.

The Board of Regents’ item regarding the waiver may be found at: Additionally, former Commissioner King’s letter to the USDE thanking them for the opportunity to continue the activities under the waiver may be found at: All information regarding the ESEA waiver and its impact on APPR plans can be found in the linked materials below.

Downloadable Resources

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