Breaking News: ESEA To Continue For “Several Years” Even With Implementation Of ESSA

Yesterday, I broke the  news that the Delaware Department of Education was going to be submitting another ESEA waiver.  Even though the Every Student Succeeds Act forbids these waiver schemes.  I reached out to the Delaware DOE for more information on this latest waiver, and received the following information from Alison May, the Public Information Officer at the DOE.  Below is what Alison sent me, including the letter Ann Whalen sent to all the states, along with the letter states would need to sign to get the waiver.  Note the part I bolded which extends ESEA waivers well after ESSA will be implemented.  There are serious games afoot here.  Is John King already abusing his authority?  Will Congressman John Kline (MN) intervene and stop this dead in its tracks?

Meanwhile, like with all previous ESEA flexibility waivers, state education agencies are required to get public comment on the waivers.  With three weeks time, how can this happen?  Some district boards don’t meet again until after the April 15th deadline.  Don’t they also have to submit any ESEA waivers to the Delaware Education Support System (DESS) advisory council?  How could that happen, as required by Delaware law, if the meeting scheduled for this week is canceled and no meetings are scheduled between now and April 22nd?

DESSMeetingCanceled

We are already losing a week due to Easter/Spring break.  As well, the Delaware General Assembly will be off for two weeks after this week.  How is the Delaware DOE going to make sure everyone sees this?  Or is just merely putting a notice up, hidden away on their website, or sending out a tweet, sufficient?  Thank God I find these things when I do!  This is the same kind of non-transparent information they put out there like the Accountability Framework Working Group last year.  They count on folks not looking for or even knowing where to find this information.  Too bad they didn’t count on me!

If the Delaware DOE’s deadline is April 15th, and this information is due to US DOE on April 22nd, does this mean the State Board of Education will put it up as an action item at their April 21st meeting?  Will they allow public comment on an action item which they typically don’t due to their archaic rules?

FW: FW: Letter from Senior Advisor Whalen re: Speaking and Listening Waiver People 

Attachments

  • Speaking and Listening Waiver Request Template.docx

 Per your request, please see below and attached. This guidance also is posted on USED’s website.
Alison
From: Honeysett, Adam [mailto:Adam.Honeysett@ed.gov]
Sent: Wednesday, March 02, 2016 9:17 AM
Subject: Letter from Senior Advisor Whalen re: Speaking and Listening Waiver

EXAMPLE OF REQUEST TO WAIVE THE SPEAKING AND LISTENING REQUIREMENT UNDER THE EVERY STUDENT SUCCEEDS ACT (ESSA)

Ann Whalen

Senior Advisor to the Secretary

Delegated the Duties of Assistant

Secretary for Elementary and Secondary Education

Office of Elementary and Secondary Education

U.S. Department of Education

400 Maryland Avenue, SW

Washington, DC 20202

 

Dear Ms. Whalen:

I am writing to request a waiver, pursuant to section 8401(b) of the Every Student Succeeds Act (ESSA), of section 1111(b)(3)(C)(ii) of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the No Child Left Behind Act of 2001 (NCLB), that [State]’s assessment system measure the full range of the State’s academic content standards. [State] requests this waiver only with respect to measuring the State’s speaking and listening content standards, which are part of the State’s reading/language arts academic content standards.  [State] requests this waiver because it is not practicable at this time for [State] to administer a large-scale summative assessment that includes speaking and listening standards.  This waiver will advance student achievement by permitting [State] to have a valid and reliable assessment system that measures the full range of the rest of the State’s academic content standards while providing time to complete the work necessary to have a valid and reliable measure of speaking and listening content standards.

[State] requests this waiver to allow for continued State and local receipt of Title I, Part A funding in good standing while [State] completes additional work to develop accurate, valid, reliable, and instructionally useful assessments related to speaking and listening. This waiver is requested for the 2015-2016 school year [(if requesting) through the 2016-2017 school year].  [State] assures that, if it is granted the requested waiver —

  • It will continue to meet all other requirements of section 1111(b)(3) of the ESEA, as amended by NCLB, and implementing regulations with respect to all State-determined academic content standards and assessments, including reporting student achievement and school performance, disaggregated by subgroups, to parents and the public.
  • It will continue to work toward assessing speaking and listening consistent with the State’s academic content standards.

 

Prior to submitting this waiver request, [State] provided all LEAs in the State with notice and a reasonable opportunity to comment on this request. [State] provided such notice by [insert description of notice, e.g., sending a letter to each LEA on [date] or sending an email to each LEA on [date]] (see copy of notice attached).  Copies of all comments that [State] received from LEAs in response to this notice are attached hereto.  [State] also provided notice and a reasonable opportunity to comment regarding this waiver request to the public in the manner in which [State] customarily provides such notice and opportunity to comment to the public [e.g., by publishing a notice of the waiver request in the following newspapers; by posting information regarding the waiver request on its website] (see attached copy of public notice).

Please feel free to contact me by phone or email at [contact information] if you have any questions regarding this request.  Thank you for your consideration.

Sincerely,