"Accountability Waiver Template"

Accountability Waiver Template is a 4-page legal document that was released by the U.S. Department of Education and used nation-wide.

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This template is an example that may be used for the submission of a request for waivers of
accountability, school identification, and related reporting requirements under the
Elementary and Secondary Education Act of 1965, as amended. Note that a State
educational agency is not required to use this template. For assistance on this
accountability waiver template, or to discuss assessment flexibility that a State may need
based on the specific circumstances within the State, please contact OESE.Titlei-a@ed.gov.
The Honorable Ian Rosenblum
Deputy Assistant Secretary for Policy and Programs, Delegated the authority to perform the
functions and duties of the 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 Deputy Assistant Secretary Rosenblum:
I am writing to request a waiver, pursuant to section 8401 of the Elementary and Secondary
Education Act of 1965 (ESEA), of the following requirements as a result of ongoing challenges
related to the novel Coronavirus Disease 2019 (COVID-19):
State:
Kentucky
Please check all that apply:
 Accountability and school identification requirements in ESEA sections 1111(c)(4) and
1111(d)(2)(C)-(D): the requirements that a State measure progress toward long-term
goals and measurements of interim progress; meaningfully differentiate, on an annual
basis, all public schools, including by adjusting the Academic Achievement indicator
based on a participation rate below 95 percent; and identify schools for comprehensive,
targeted, and additional targeted support and improvement based on data from the 2020-
2021 school year.
 Report card provisions related to accountability in ESEA section 1111(h) based on data
from the 2020-2021 school year. These include:
• Section 1111(h)(1)(C)(i)(I)-(IV) and (VI) (Accountability system description,
other than the list of comprehensive, targeted, and additional targeted support
and improvement schools).
• Section 1111(h)(1)(C)(iii)(I) (Other Academic indicator results for schools that
are not high schools).
• Section 1111(h)(1)(C)(v) (School Quality or Student Success indicator results).
• Section 1111(h)(1)(C)(vi) (Progress toward meeting long-terms goals and
measurements of interim progress).
• Section 1111(h)(2)(C) with respect, at the local educational agency (LEA) and
school levels, to all waived requirements in section 1111(h)(1)(C).
This template is an example that may be used for the submission of a request for waivers of
accountability, school identification, and related reporting requirements under the
Elementary and Secondary Education Act of 1965, as amended. Note that a State
educational agency is not required to use this template. For assistance on this
accountability waiver template, or to discuss assessment flexibility that a State may need
based on the specific circumstances within the State, please contact OESE.Titlei-a@ed.gov.
The Honorable Ian Rosenblum
Deputy Assistant Secretary for Policy and Programs, Delegated the authority to perform the
functions and duties of the 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 Deputy Assistant Secretary Rosenblum:
I am writing to request a waiver, pursuant to section 8401 of the Elementary and Secondary
Education Act of 1965 (ESEA), of the following requirements as a result of ongoing challenges
related to the novel Coronavirus Disease 2019 (COVID-19):
State:
Kentucky
Please check all that apply:
 Accountability and school identification requirements in ESEA sections 1111(c)(4) and
1111(d)(2)(C)-(D): the requirements that a State measure progress toward long-term
goals and measurements of interim progress; meaningfully differentiate, on an annual
basis, all public schools, including by adjusting the Academic Achievement indicator
based on a participation rate below 95 percent; and identify schools for comprehensive,
targeted, and additional targeted support and improvement based on data from the 2020-
2021 school year.
 Report card provisions related to accountability in ESEA section 1111(h) based on data
from the 2020-2021 school year. These include:
• Section 1111(h)(1)(C)(i)(I)-(IV) and (VI) (Accountability system description,
other than the list of comprehensive, targeted, and additional targeted support
and improvement schools).
• Section 1111(h)(1)(C)(iii)(I) (Other Academic indicator results for schools that
are not high schools).
• Section 1111(h)(1)(C)(v) (School Quality or Student Success indicator results).
• Section 1111(h)(1)(C)(vi) (Progress toward meeting long-terms goals and
measurements of interim progress).
• Section 1111(h)(2)(C) with respect, at the local educational agency (LEA) and
school levels, to all waived requirements in section 1111(h)(1)(C).
Consistent with the requirements of ESEA section 8401(b)(1)(C), describe how the waiving of
such requirements will advance student academic achievement.
This waiver supports the advancement of student academic achievement by maintaining the
integrity of Kentucky’s accountability system. By waiving school accountability for the
2020-2021 school year, Kentucky will avoid concerns and doubts about comparability of
accountability determinations within and across years.
Due to the lack of testing data collected during the 2019-2020 school year and the
unprecedented challenges during the 2020-2021 school year, the good-faith implementation
of the state's accountability system as designed is not possible. By waiving the
accountability requirements until Kentucky can faithfully execute the expectations outlined
in its state plan and state statutes, Kentucky is able to maintain a high quality accountability
system that promotes equity and trust.
Consistent with the requirements of ESEA section 8401(b)(1)(F), in order to maintain or improve
transparency in reporting to parents and the public on student achievement and school
performance in school year 2020-2021, including the achievement of subgroups of students, I
assure that:
 The State will make publicly available chronic absenteeism data, either as defined in the
State’s School Quality or Student Success indicator, if applicable, or EDFacts,
disaggregated to the extent such data are available by the subgroups in ESEA section
1111(c)(2), on State and local report cards (or in another publicly available location).
 The State will make publicly available data on student and/or teacher access to
technology devices and high-speed internet, disaggregated by the subgroups in ESEA
section 1111(c)(2), to the extent such data are collected at the state or LEA level.
Chronic Absenteeism 2020-2021
As a result of the COVID-19 pandemic, Kentucky school districts did not collect
attendance data in school year 2020-2021, per SB 177 (2020). Participation data was
collected for all students and was defined as one in-person attendance instance or one
instance of remote participation each day. Kentucky will use this definition of
participation to determine chronic absenteeism for school year 2020-2021. Any student
that does not participate at least once a day for 10% of their enrolled days will be
identified as chronically absent and this data will be disaggregated by subgroups. This
data will be posted on the KDE website and a link will be provided in the 2020-2021
school report card.
KDE does not collect data on student and teacher access to technology devices and
high-speed internet, disaggregated by the subgroups. Equity of access and opportunity
has been the core of Kentucky Education Reform Act (KERA) and the Kentucky
Education Technology System (KETS) since the early 1990s. 100% of our schools have
been connected to the Internet for over two decades and KY K-12 was the very first state
to not only connect them but equitably connect them. We will not be asking any district to
turn in any Internet related data beyond what they already provide for our KY K-12
Consistent with the requirements of ESEA section 8401(b)(1)(F), in order to ensure that schools
will continue to provide assistance to the same populations served by Title I, Part A (e.g.,
subgroups in section 1111(c)(2)), I assure that:
 Any school that is identified for comprehensive, targeted, or additional targeted support
and improvement in the 2019-2020 school year (i.e., any school that was in that status as
of the 2019-2020 school year), except for comprehensive support and improvement
schools identified based on low graduation rates that meet the State’s exit criteria, will
maintain that identification status in the 2021-2022 school year, implement its support
and improvement plan, and receive appropriate supports and interventions.
Kentucky will not count the 2019-2020 school year toward the number of years in which
a school must meet the criteria in order to exit. Kentucky maintains a robust system of
support for low performing schools or schools with consistently low performing
subgroups. Schools who are identified as low performing will continue to receive the
services they have received in prior years. Schools that are considered at risk of falling
into TSI status in the future may voluntarily opt for early intervention from KDE. These
supports and interventions include, but are not limited to, support by KDE’s Continuous
Improvement Coaches who provide just-in-time professional learning related to
instructional strategies and effective management systems, support from KDE's
education recovery staff who provide teacher coaching, leadership development, and
strategic planning support, and access to KDE's network of Hub Schools and
professional learning services. Additionally, schools may request two-day review
instructional audits designed to provide feedback and actionable next steps to improve
 The State will identify comprehensive, targeted, and additional targeted support and
instruction.
improvement schools using data from the 2021-2022 school year in the fall of 2022 to
ensure school identification resumes as quickly as possible.
Consistent with the requirements of ESEA section 8401(b)(3)(A), prior to submitting this waiver,
the State provided interested LEAs and the public with notice and a reasonable opportunity to
comment and provide input on this waiver request and considered the feedback and input in
finalizing this request. The comments and input received, as well as the State’s description of
how it addressed the comments and input, are enclosed with this request.
Thank you for your consideration.
Sincerely,
Chief State School Officer (or Authorized
Representative)
Digital Signature
OR
Typed Name and Date
Jason E. Glass, Ed.D. 3/18/21 Commissioner of Education & Chief Learner
By typing my name here, I am affirming submission
of this waiver on behalf of the State.
OMB Number: 1810-0752
Expiration Date: September 30, 2021
Public Burden Statement: According to the Paperwork Reduction Act of 1995, no persons
are required to respond to a collection of information unless such collection displays a valid
OMB control number. The valid OMB control number for this information collection is
1810-0752. Public reporting burden for this collection of information is estimated to
average 3 hours per response, including time for reviewing instructions, searching existing
data sources, gathering and maintaining the data needed, and completing and reviewing the
collection of information. The obligation to respond to this collection is voluntary. If you
have any comments concerning the accuracy of the time estimate, suggestions for improving
this individual collection, or if you have comments or concerns regarding the status of your
individual form, application or survey, please contact the Office of School Support and
Accountability, 400 Maryland Avenue, SW, LBJ Federal Office Building, Washington, DC,
20202 or OESE.Titlei-a@ed.gov.
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