NCLB WAIVER APPLICATION

Waiver of Requirements to Determine Adequate Yearly Progress (AYP)

Sections 1116(a)(1)(A)-(B) and 1116(c)(1)(A) of the ESEA and the corresponding regulations require the NJDOE to determine AYP for all schools and districts.  The NJDOE is seeking to waive this requirement. The NJDOE believes that continuing to determine AYP would be inconsistent with the State-developed differentiated recognition, accountability, and support system described in New Jersey’s ESEA flexibility request. In particular, New Jersey’s approved flexibility request created differentiated categories of schools, identified as Priority, Focus, and Reward schools, based on total school-wide and subgroup academic performance, measures of student growth, and graduation rate.  Additionally New Jersey’s model includes the provision of a wide variety of data including school and subgroup-based Annual Measurable Objectives (AMOs) that must be analyzed in all schools for identification of areas of need and the development of improvement plans.  This holistic performance assessment is counter to the concept of adequate yearly progress, which viewed student performance on the state assessment as the primary indicator of schools’ and districts’ success, and did not look at the actual college and career readiness indicators across the school.