Hardship Waiver for the Implementation of Education Law §3012-d

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On April 13, 2015, Chapter 56 of the Laws of 2015 were signed into law, adding a new §3012-d to the Education Law requiring all school districts to submit new APPR plans, and gain the Department’s approval for such plan, by November 15, 2015.

Districts and BOCES with hardships that impact their ability to meet this deadline for implementing the new APPR plan during the 2015-16 school year are required to submit a Hardship Waiver application to the Department. For districts, this is required in order to extend this deadline without risk of losing their eligibility for a State aid increase.

Hardship Waiver Application

The Hardship Waiver Application can be found on this page and on NYSED’s Application Business Portal at http://portal.nysed.gov. Please note: The Hardship Waiver application must be completed online through the NYSED’s Application Business Portal at http://portal.nysed.gov.

Please note that the submission window for Hardship Waiver #1 will begin on October 1 through NYSED’s Application Business Portal at http://portal.nysed.gov. Districts and BOCES applying for a Hardship Waiver must submit the form through the portal during the submission window.

  • Hardship Waiver #1: districts and BOCES must submit their forms from October 1 through October 30 for approval by the November 15, 2015 deadline.
  • Hardship Waiver #2: districts and BOCES must submit their forms from February 1 through March 1 for approval by the March 15, 2016 deadline.
  • Hardship Waiver #3: districts and BOCES must submit their forms from June 1 through July 1 for approval by the July 15, 2016 deadline.

Based on feedback received from stakeholders across the State, the Department issued guidance on January 15, 2016 indicating that districts would no longer be required to apply for additional Hardship Waivers. Any district that does not have a State-approved APPR plan pursuant to Education Law §3012-d by March 1, 2016 and has an approved Hardship Waiver valid through March 1, 2016, will have such Waiver automatically renewed and extended through August 31, 2016 without any further applications or documentation of hardship.

Hardship Waiver Frequently Asked Questions (FAQ)

Click here for the Hardship Waiver Frequently Asked Questions (FAQ)

The Hardship Waiver FAQ was created as a guide for the field, specifically tailored and organized for completing the Hardship Waiver Application related to the implementation of Education Law §3012-d. The goal of document is to make relevant answers to common questions more accessible while districts and BOCES review and submit their Hardship Waiver applications.

PDF Version of Hardship Waiver Application #1
Please note: The Hardship Waiver application must be completed online through the NYSED’s Application Business Portal at http://portal.nysed.gov.

Additional guidance and supporting materials related to Education Law §3012-d can be found here.

Specific questions related to the APPR (3012-d) hardship waiver can be sent to: hardship@nysed.gov

Downloadable Resources

Resources may contain links to sites external to the EngageNY.org website. These sites may not be within the jurisdiction of NYSED and in such cases NYSED is not responsible for its content.