Commissioner of Education Michael Williams was notified today by the U.S. Department of Education that the department has approved the state’s request for renewal of flexibility from specific provisions of the Elementary and Secondary Education Act (ESEA), also known as the No Child Left Behind (NCLB) Act, through the end of the 2015-2016 school year.
Spotlight on Components of SY 2015-2016 Wavier*
- Texas schools are no longer designated as having met or made Adequate Yearly Progress (AYP).
- Only the lowest performing 15 percent of schools are identified as Priority or Focus Schools. Those schools are subject to a series of federally-prescribed interventions.
- Texas school districts are no longer required to set aside 20 percent of their Title I federal dollars to provide Supplemental Educational Services (SES) for students at low-performing campuses – those funds can be used on academic intervention programs they deem most effective for students.
Spotlight on Conditions of Waiver Beyond SY 2015-2016*
- The state must ensure all school districts and charters implement teacher and principal evaluation and support systems that meet ESEA requirements.
- These evaluations must include the use of growth in student learning as a significant factor.
- A statewide approach to measuring growth in student learning must be demonstrated based on state assessments for those teachers of tested grades and subjects.
- Texas districts and charters must utilize those teacher and principal evaluations for personnel decisions beginning in 2016-2017.
- Conditions must be met by Jan. 15, 2016.
- Texas may request reconsideration of its high-risk status by Oct. 9, which Commissioner Williams has indicated the state plans to do so.
The TEA release stated the following:
Federal officials stated that the state must meet specific conditions to continue ESEA flexibility beyond 2015-2016, placing Texas on “high-risk status.” ESEA flexibility beyond this school year would be dependent on the state meeting specific conditions that would require statewide use of specific teacher and principal evaluation and support systems, as well as utilizing them to inform personnel decisions at the local level.
Though Commissioner Williams welcomed approval of the waiver, he said in the TEA announcement the state is not changing its position on allowing local school districts to make decisions on using evaluation systems of their choosing.
“Throughout the waiver application process, I have made it clear to federal officials that I do not have nor will I ever seek the authority to compel local school districts to use one uniform teacher and principal evaluation system statewide,” said Commissioner Williams. “Our state believes strongly in local control of our schools. As a result, we will continue discussing this specific point with the U.S. Department of Education, but they should not expect any shift in Texas’ position.”
According to the approval letter, Texas must demonstrate how the state will ensure all school districts and charters implement teacher and principal evaluation and support systems that meet ESEA requirements, including the use of growth in student learning as a significant factor. Federal education officials also seek a statewide approach to measuring growth in student learning based on state assessments for those teachers of tested grades and subjects. Finally, the U.S. Department of Education expects Texas districts and charters to utilize those teacher and principal evaluations for personnel decisions beginning in 2016-2017.
Federal officials have given the state until Jan. 15, 2016, to meet the conditions.
Texas may also request reconsideration of its high-risk status, but must do so by Oct. 9. Commissioner Williams said the state will seek that reconsideration. To date, Texas and South Dakota are the only states in the current round of renewals granted a federal waiver with a high-risk designation.
Commissioner Williams noted that federal officials are aware that – separate from the waiver process – the Texas Education Agency (TEA) has been working with schools districts and the regional Education Service Centers to develop new teacher and principal evaluation and support systems with the intent of offering it as a resource to improve instruction. During the 2014-2015 school year, TEA piloted these systems in 64 school districts and 430 campuses across the state. : As part of the refinement phase, 256 districts and approximately 2,000 campuses statewide are implementing the systems this school year.
“Statewide rollout of our new state-approved appraisal system would occur in 2016-2017, but would not be mandatory,” said Commissioner Williams. “I believe a majority of our school districts representing roughly 85 percent of the state’s student population would make use of these new appraisal systems. However, that choice will be made at the local level, not by the federal government.”
The State of Texas secured a conditional waiver from the U.S. Department of Education in 2013 giving the Texas Education Agency and more than 1,200 school districts and charters relief from certain ESEA provisions. However, the waiver was granted provisionally as USDE reviewed specifics related to new teacher and principal evaluation systems in Texas.
Under key components of the state’s waiver, Texas schools are no longer designated as having met or made Adequate Yearly Progress (AYP). Instead of federal ratings of designations for all schools in Texas, only the lowest performing 15 percent of schools are identified as Priority or Focus Schools. Those schools are subject to a series of federally-prescribed interventions.
Additionally, Texas school districts are no longer required to set aside 20 percent of their Title I federal dollars to provide Supplemental Educational Services (SES) for students at low-performing campuses. A district is now free to use those funds on academic intervention programs it deems most effective for its students.
*To view all materials related to the state’s waiver request (including the Sept. 29 letter from the U.S. Department of Education), visit the Texas Education Agency website at http://tea.texas.gov/Texas_Schools/Waivers/NCLB-ESEA_Waiver_Information/ .