LEGISLATIVE RESOLUTION urging the United States Department of Education
to approve New York State's Elementary and Secondary Education Act
(ESEA) Flexibility Waiver Renewal Amendment Request for the 2015-2016
school year in relation to students with disabilities and English
language learners

WHEREAS, It is the sense of this Legislative Body to ensure that all
children in the State of New York have the opportunity to receive a
basic sound education; and
WHEREAS, It is important that the New York State Education Department
ensure that the correct measures are taken to appropriately assess the
academic progress of all students in order to close the achievement gap;
and
WHEREAS, An amendment to New York State's ESEA flexibility waiver to
provide more flexibility for how students with disabilities and English
language learners are assessed would ensure that the State remains in
compliance with the United States Department of Education ESEA waiver
requirements while ensuring meaningful accountability and instructional
information for educators, parents, and students; and
WHEREAS, New York stakeholders publicly vetted and carefully crafted
important safeguards into the waiver application in order to achieve a
balance between accountability and the need for flexibility; and
WHEREAS, The waiver application would allow New York State to assess
students with disabilities who are ineligible to take the New York State
Alternative Assessment, but who have significant intellectual delays and
substantial difficulties in cognitive areas to be assessed on their
instructional level rather than their chronological age to ensure appro-
priate student academic achievement; and
WHEREAS, The waiver application would also exempt newly arrived
English language learners from participating in English language arts
assessments for two years and use the New York State English as a Second
Language Achievement Test instead for accountability purposes; and
WHEREAS, Chapter 56 of the Laws of 2014, which requires the Commis-
sioner of Education to issue regulations implementing these policies
upon approval of this flexibility waiver application received wide-
spread, bipartisan support; now, therefore, be it
RESOLVED, That the United States Department of Education be and hereby
is respectfully memorialized by this Legislative Body to approve New
York State's ESEA Flexibility Waiver Amendment Request; and be it
further
RESOLVED, That copies of this Resolution, suitably engrossed, be tran-
smitted to the United States Department of Education, to the Governor of
the State of New York, to the Commissioner of the State Education
Department and to each member of the Congressional delegation from the
State of New York.