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ESSA Waivers

In response to the extraordinary public health threat posed by COVID-19, President Trump signed the CARES Act on March 27, 2020, which provides States the opportunity to apply for waivers and to request funding. The South Carolina Department of Education (SCDE) requested the following waivers. Information regarding waivers and waiver requests will be updated on this webpage.

2020-21 Fiscal Waiver

Due to the continued extraordinary circumstances created by the COVID-19 pandemic and unprecedented challenges students, educators, staff, and schools faced during the 2020-2021 school year, the South Carolina Department of Education (SCDE) requested waivers from the United States Department of Education (ED) for additional fiscal flexibility for certain funds received under the Elementary and Secondary Education Act of 1965 (ESEA).

The following flexibilities were granted:

  1. Section 1127(b) of Title I, Part A of the ESEA so that the SEA may waive, more than once every three years, if necessary, the 15 percent carryover limitation in ESEA section1127(a) for FY 2021 Title I, Part A funds.
  2. Section 421(b) of the General Education Provisions Act (GEPA) to extend the period of availability of FY 2020 funds for programs in which South Carolina participates under its approved consolidated State plan until September 30, 2022.
    • Title I, Part A of the ESEA (Improving Basic Programs Operated by LEAs), including the portions of the SEA’s Title I, Part A award used to carry out section 1003 school improvement and Title I, Part D, Subpart 2
    • Title I, Part C of the ESEA (Education of Migratory Children)
    • Title I, Part D, Subpart 1 of the ESEA (Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At Risk)
    • Title II, Part A of the ESEA (Supporting Effective Instruction)
    • Title III, Part A of the ESEA (English Language Acquisition, Language Enhancement, and Academic Achievement)
    • Title IV, Part A of the ESEA (Student Support and Academic Enrichment Grants)
    • Title IV, Part B of the ESEA (21st Century Community Learning Centers)
    • Title V, Part B, Subpart 2 of the ESEA (Rural and Low-Income School Program)
    • McKinney-Vent Education for Homeless Children and Youth Program

As a result of the recent health crisis, schools and communities have faced unprecedented obstacles, and the SCDE believes that by providing additional flexibilities in the use of federal funds, student academic achievement will be advanced by helping schools address their critical needs.

Approval Letter from U.S. Department of Education (September 10, 2021)
Memo from Superintendent Spearman (September 14, 2021)

2020-21 Accountability Waiver

On February 22, 2021, the U.S. Department of Education invited states to apply for various flexibilities under states’ Consolidated Plans for the Every Student Succeeds Act (ESSA), given the ongoing impact that COVID-19 continues to have on public education. Because the South Carolina Department of Education (SCDE) had submitted a comparable waiver request in November 2020, it was not required to put this February 22nd waiver out for public comment. On March 11, 2021, the SCDE submitted a waiver for the invited flexibilities for its ESSA accountability system. A copy of the submitted waiver, and a copy of both the U.S. Department of Education’s February 22, 2021 memorandum and approval for South Carolina are found below.

FEB 22 USED MEMO
SCDE WAIVER
MAR 26 USED APPROVAL

Addendum to the ESSA Accountability Plan

UPDATE: Due to the invited ESSA Plan Flexibilities from the U.S. Department of Education on February 22, 2021, the SCDE rescinded its requested Addendum to the ESSA Accountability Plan.

The South Carolina Department of Education (SCDE) requested an addendum to the ESSA accountability plan related to the pandemic as permitted under a streamlined process established by the United States Department of Education (USED). This addendum assumes that the state will be administering assessments in spring 2021; the SCDE has separately filed its request for a waiver of that testing requirement. The proposed one-year (for school year 2020-2021) changes include:

  • shifting timelines for long-term goals and measures of interim progress because assessments were not administered in 2020
  • adjusting the methodology for annual meaningful differentiation of schools to account for missing measures
  • changing the way schools with consistently underperforming subgroups are identified to adjust for 2020 (the existing plan requires three consecutive years; 2020 creates a continuity gap)
  • extending the time by one year that schools in comprehensive support and additional targeted support remain in that improvement status
  • modifying the exit criteria from improvement status to take into account the extended time

Addendum to Consolidate State Plan Related to COVID-19 - Memo PDF (159 KB)

Requested ESSA Addendum

FY 2021 Title IV, Part A Waiver

In light of the continued disruption to learning caused by the Coronavirus Disease 2019 (COVID-19), the South Carolina Department of Education (SCDE) has been granted flexibility under the Student Support and Academic Enrichment Grant Program (Title IV, Part A of the Elementary and Secondary Education Act of 1965 (ESEA)).

FY 2021 Title IV Part A Waiver Request

FY 2021 Title IV, Part A Waiver Memo

USED Approval Notification

2020–21 Assessment Waiver

Update: On 3-26-2021, the USED denied South Carolina's request for the 2020-21 assessments for the waiver below.

SC Assessment Response Letter
US Department of Education response regarding 2020-21 Assessment Waiver

Consistent with the language of Act 142 related to CARES Act Appropriations, the SCDE is requesting a waiver from the United States Department of Education (USED) for 2020–21 (fall 2020, spring 2021, and summer 2021) federally-required assessments and related accountability requirements, including:

  • SC READY, grades 3–8 English language arts and mathematics;
  • SCPASS, grades 4 and 6 science;
  • End-of-Course Examination Program (EOCEP) tests in Algebra 1, Biology 1, USHC, English 2, and English 1 (English 1 administered to specific students, as needed for accountability);
  • English learner proficiency exams (ACCESS for ELLs); and
  • All corresponding alternate assessments based on alternate achievement standards.

Until such time as the USED responds approving a waiver, the SCDE will proceed with preparing for and administering these assessments.
Letter to Secretary DeVos
Support from South Carolina’s Congressional Delegation
Public Comments Report

ESSA Waiver

On April 6, 2020, the SCDE submitted a letter to Frank Brogan, Assistant Secretary for Elementary and Secondary Education, requesting a waiver for federal fund carry-over restrictions, period of availability of funds, Title IV requirements, and the definition of professional development. The waiver was approved on April 21, 2020, by Frank Brogan (approval letter).
ESSA Waiver - April 21, 2020

2019–20 Assessment Waiver

In March 2020, the SCDE submitted a letter to Frank Brogan, Assistant Secretary for Elementary and Secondary Education, requesting a waiver from assessment, accountability, and reporting 2020. The waiver was approved on March 27, 2020, by Frank Brogan (approval letter).
ESSA Waiver - March 27, 2020