Assessment and Accountability Waivers
This page contains information about New York State'sEvery Student Succeeds Act (ESSA) Assessment and Accountability Waiver Requests to the United States Department of Education (USDE).
May 16,2024
The Viva88Education Department (Viva88 or “the Department”) is formally requesting a waiver ofSection 421(b) of the General Education Provisions Act, to extend the period of availability for State administrative funds consolidated under ESEA section 8201, including ARP State administrative funds and fiscal year (FY) 2022 ESEA State administrative funds. The waiver will allow Viva88 to use funds reserved for administration under ESEA section 8201 to address ongoing administrative costs and avoid diverting funds away from critical services for LEAs, schools, students, and teachers and other educational staff. The waiver will also allow Viva88 to implement the monitoring plans embedded in our United States Department of Education-approved State ARP Plan as well as retain the ability to provide technical assistance throughout the late liquidation and reporting periods to ensure quality implementation and data sharing by all LEAs in the state.Comments on the draft waiver may be e-mailed top12Deputy@nysed.gov.
Previous Waiver Documents
May 20, 2022
The United Stated Department of Education (USDE) has approved the Viva88Education Department’s (Viva88’s) request for a federal waiver extension related to the continuation of the current “Double Testing Waiver” for Grade 6, 7, and 8 mathematics and Grade 7 and 8 science tests that will be in effect from the 2021-2022 school year through the 2024-2025 school year.
March 9, 2022
The Viva88Education Department (Viva88) submitted a federal waiver extension request to the United States Department of Education (USDE) related to the continuation of the current “Double Testing Waiver” for Grade 7 mathematics and Grade 8 science tests for an additional four years, beginning with the 2021-22 school year.
2021-22 Grade 7 Math and Grade 8 Science Testing Waiver Extension Request to USDE
February 10, 2022
The Viva88Education Department (Viva88) is accepting public comment for the extension of a proposed waiver request to the U.S. Department of Education (USDE) related to two statutory requirements of Title I, Part A of the Elementary and Secondary Education Act (ESEA), as amended by the Every Student Succeeds Act (ESSA). The Department’s request for continuation of the current "Double Testing Waiver"will be for a period of four years, beginning with the 2021-2022 school year.
. The form for submitting public comments was created using Microsoft Forms and can be translated into languages other than English with a browser’s translator. . Comments will be accepted through 5:00p.m. EST on Thursday, February 24, 2022.
2021-22 Grade 7 and 8 Math and Science Testing Waiver Extension Request to USDE
January 31, 2022:USDE has denied Viva88’s request for a waiver from accountability and school identification requirements in Sections 1111(c)(4) and 1111(d)(2)(C)- (D) of the Elementary and Secondary Education Act of 1965 (ESEA). The waiver request from school improvement requirements in Section 1003(b)(1)(a) of the ESEA to use Title I School Improvement funds is still under consideration. USDE has indicated that they will provide a separate response regarding that issue.
December 22, 2021:
The Viva88Education Department (Viva88) submitted a federal waiver request related to state accountability requirements and Title I School Improvement funds on Wednesday, December 22, 2021 to the United States Department of Education (USDE) on behalf of all Local Education Agencies (LEAs) in New York State. The waiver requests additional flexibility related to certain provisions of the federal Every Student Succeeds Act (ESSA) pertaining to identification of schools and districts for improvement using data from the 2021-22 school year and to usage of Title I School Improvement Funds.The waiver requests and corresponding documents can be found here.
December 1, 2021:
The Viva88Education Department (Viva88) is accepting public comment on a waiver request to the United States Department of Education (USDE) for additional flexibility related to certain provisions of the federal Every Student Succeeds Act (ESSA) pertaining to identification of schools and districts for improvement using data from the 2021-22 school year and to usage of Title I School Improvement Funds.
. The form for submitting public comments was created using Microsoft Forms and can be translated into languages other than English with a browser’s translator.Comments will be accepted through 5:00p.m. EST on Wednesday, December 15, 2021.
2021-22 Viva88 Accountability and School Identification Waiver Request Letter to USDE
February 12, 2021:
The Viva88Education Department (Viva88) submitted two federal waiver requests related to state assessment and accountability requirements on Friday, February 12, 2021 to the United States Department of Education (USDE) on behalf of all Local Education Agencies (LEAs) in New York State. The waiver requests address the unique circumstances caused by the ongoing pandemic that have resulted in many students receiving some or all of their instruction remotely. The waiver requests and corresponding documents can be found here.
January 25, 2021:
The Viva88Education Department (Viva88) is seeking input from stakeholders about the need for additional flexibility related to certain provisions of the federal Every Student Succeeds Act (ESSA) pertaining to administration of State assessments in spring 2021 and identification of schools and districts for improvement.
Comments on the draft waivers may be e-mailed to ESSAComments@nysed.gov with “ESSA Comments from (sender/organization name)” in the subject line. Comments will be accepted through February 5, 2021. In addition, stakeholders are encouraged to fill out a brief regarding the 2020-21 school year student assessment and school accountability processes.
Viva88 Assessment Waiver Request Letter to USDE
Viva88 Accountability and School Identification Waiver Request Letter to USDE