Elementary and Secondary Education Act Waiver
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Elementary and Secondary Education Act Waiver
Florida was one of the first states to implement strong accountability measures for its schools, publishing school grades as early as 1999. Other states look to Florida as a model in the area of accountability.When the Elementary and Secondary Education Act (ESEA), also referred to as No Child Left Behind, was enacted in 2001, it meant that Florida had two systems: the state's and a federal one.
In October 2011, the US Secretary of Education invited states to request a flexibility waiver from ESEA requirements enabling them to eliminate duplicative regulation and move to a single accountability system. Florida was one of 11 states to apply and in February 2012 the US DOE granted the waiver.
Approving the request for flexibility is the first step in a process. There are still several steps prior to implementation. The US Department of Education added criteria that need to be reviewed, requiring action by the State Board of Education as well as legislation.
New! Additional Waiver Request Information
The Florida Department of Education is seeking public input on additional waiver requests available for states that received flexibility waivers from the U.S. Department of Education in the first round.The first waiver permits states to discontinue Adequate Yearly Progress determinations and the second waiver permits local school districts to serve Title I eligible high schools that have a graduation rate of less than 60 percent and are priority schools even if the school has a lower poverty rate than other Title I schools. More information about the additional waivers is contained in a memo to school superintendents. (PDF, 665KB)
The public is invited to submit feedback, comments and concerns regarding these additional waivers by May 8, 2012 to .
Florida's Flexibility Request
- Florida's Federal list of Priority and Focus Schools (Excel, 110KB)
- Notice of Intent - Classification of ESE Centers as Alternative Schools (PDF, 36KB)
- Frequently Asked Questions about School Grade Modifications and the ESEA Waiver (Word, 48KB)
- Commissioner Robinson talks about School Grade Modifications and the ESEA Waiver (WMV, 23MB)
- Statement By Commissioner of Education Gerard Robinson Regarding Proposed Changes to Florida's School Grading System
(Audio version of the Commissioner's Statement ) (WMV, 5MB) - Letter from US Dept. of Education Clarifying Inclusion Conditions of Flexibility Waiver, Feb. 27, 2012 (PDF, 458KB)
- Waiver Approval Letter from U.S. Department of Education Secretary Arne Duncan (PDF, 150KB)
- Florida's Final ESEA Waiver Application (PDF, 11MB)
- Flexibility Request Submitted January 31, 2012 (PDF, 10MB)
- Flexibility Request Submitted November 14, 2011 (PDF, 3MB)
- Appendix (PDF, 17MB)
- Proposal Overview (PowerPoint, 518KB)
- Proposal Summary (Word, 30KB)
From U.S. Secretary of Education Arne Duncan - Sept. 23, 2011: Many of our reform efforts to help students were not anticipated when the federal No Child Left Behind Act of 2001 (NCLB) was enacted. While NCLB helped states and district increase the accountability for groups of high-need students, it inadvertently encouraged some states to set low academic standards, failed to recognize or reward growth in student learning, and did little to elevate the teaching profession or recognize the most effective teachers. Instead of fostering progress and accelerating academic improvement, many NCLB requirements have unintentionally become barriers to state and local implementation of reforms designed to raise academic achievement.
This web page contains various resources and documents that will provide you with more information about the Elementary and Secondary Education Act (ESEA) and the various deadlines associated with the waiver application.
- Letter from U.S. Department of Education Secretary Arne Duncan
- Commissioner Robinson's Blog: A Waiver for Clarity
- ESEA Flexibility (Word)
- ESEA Flexibility Request (Word)
- ESEA Flexibility Review Guidance (Word)
- Frequently Asked Questions (Word)
- Overview Presentation to Florida State Board of Education (PDF, 365KB) - Oct. 18, 2011
Commissioner's Taskforce on Inclusion and Accountability
- Commissioner's Taskforce on Inclusion and Accountability Recommendations - March 26, 2012 (PDF, 1MB)
- Subcommittee on English Language Learners Conference Call - July 30, 2012 (Audio only) (WMV, 253MB)
- Subcommittee on Students with Disabilities Conference Call - July 27, 2012 (Audio only) (WMV, 214MB)
- Subcommittee on Exceptional Student Education Conference Call - July 27, 2012 (Audio only) (WMV, 108MB)
- Five Recommendations: Commissioner's Taskforce on Inclusion and Accountability - May 8, 2012 (PDF, 100KB)
- Recommendations that Can be Implemented by Rulemaking or Policy Changes - May 8, 2012 (PDF, 66KB)
- Recommendations that Need Approval by USDOE - May 8, 2012 (PDF, 105KB)
- Recommendations Requiring Statutory Changes - May 8, 2012 (PDF, 91KB)
- Recommendations that Can be Implemented by Rulemaking or Policy Changes - April 9, 2012 (PDF, 112KB)
- Recommendations that Need USDOE Agreement - April 9, 2012 (PDF, 139KB)
- Recommendations that Have Implementation Impediments Such as Statutory Change Needed - April 9, 2012 (PDF, 198KB)
- Commissioner's Taskforce on Inclusion and Accountability Meets in Orlando
- Background Material for Taskforce (Word, 460KB)
- Commissioner's Remarks - Task Force on Inclusion and Accountability March 23, 2012 (General Session) (WMV, 26MB)
- Subcommittee on Exceptional Student Education
- Subcommittee on Exceptional Student Education Breakout Session Video - March 23, 2012 (part 1) (WMV, 71MB)
- Subcommittee on Exceptional Student Education Breakout Session Video - March 23, 2012 (part 2) (WMV, 98MB)
- Subcommittee on Exceptional Student Education Breakout Session Video - March 23, 2012 (part 3) (WMV, 174MB)
- Subcommittee on English Language Learners
- Subcommittee on English Language Learners Breakout Session Video - March 23, 2012 (part 1) (WMV, 289MB)
- Subcommittee on English Language Learners Breakout Session Video - March 23, 2012 (part 2) (WMV, 152MB)
- Subcommittee on English Language Learners Breakout Session Video - March 23, 2012 (part 3) (WMV, 39MB)
- Subcommittee on English Language Learners Breakout Session Video - March 23, 2012 (part 4) (WMV, 121MB)
- Subcommittee on Students with Disabilities
- Subcommittee on Students with Disabilities Breakout Session Video - March 23, 2012 (part 1) (WMV, 350MB)
- Subcommittee on Students with Disabilities Breakout Session Video - March 23, 2012 (part 2) (WMV, 229MB)
- Subcommittee on Students with Disabilities Breakout Session Video - March 23, 2012 (part 3) (WMV, 100MB)
- Subcommittees Present and Taskforce Develops Final Recommendations (WMV, 317MB)
- Subcommittee on Exceptional Student Education
- Commissioner's Task Force on Inclusion and Accountability March 22, 2012 (General Session) (WMV, 159MB)
- Subcommittee on Exceptional Student Education Breakout Session Video - March 22, 2012 (WMV, 248MB)
- Subcommittee on English Language Learners Breakout Session Video - March 22, 2012 (WMV, 298MB)
- Subcommittee on Students with Disabilities Breakout Session Video - March 22, 2012 (WMV, 378MB)
- Subcommittees Report to the Taskforce with Q&A - March 22, 2012 (WMV, 147MB)
- Subcommittee on Exceptional Student Education Conference Call March 16, 2012 (Audio only) (WMV, 107MB)
- Subcommittee on English Language Learners Conference Call March 15, 2012 (Audio only) (WMV, 151MB)
- Subcommittee on Students with Disabilities Conference Call, March 14, 2012 (Audio only) (WMV, 140MB)
- Commissioner's Taskforce on Inclusion and Accountability Conference Call, March 9, 2012 (Audio only) (WMV, 42MB)
You'll find more information on our website related to potential changes in school accountability, including a link to resources from a Board of Education workshop about school grades under different scenarios and information from the February 28 board meeting where the board took action on the flexibility waiver.
Links:
- U.S. Department of Education ESEA page
- Materials for February State Board of Education Meeting
- Recording of February State Board of Education Meeting
- 6A-1.09981 - Implementation of Florida's System of School Improvement and Accountability
- State Board of Education Workshop Agenda
- State Board of Education Workshop Archive
- Revision to School Grades Rule

