ESEA Flexibility Waiver

South Dakota’s final ESEA Flexibility Waiver renewal request was approved by the U.S. Department of Education on August 21, 2015. This was a renewal of the original Flexibility Waiver request approved on June 29, 2012 and extended on July 3, 2014. With the passage of the Every Student Succeeds Act (ESSA), the reauthorization of the Elementary and Secondary Education Act, all state waivers, including South Dakota's, expired August 1, 2016.

Click here for more information on South Dakota’s implementation of ESSA.

2015-16 Flexibility Waiver Summary of Changes in the 2014 Flexibility Extension

The U.S. Department of Education in its renewal of the state’s flexibility waiver placed South Dakota on high risk status for the 2015-16 school year. The Department appealed that decision.

US ED Approval Letter (August 21, 2015) SD DOE Appeal Letter (September 4, 2015)
US ED Response to Request for Reconsideration (September 15, 2015)

ESEA Flexibility Request

Below are previous documents associated with South Dakota’s Flexibility Waiver from No Child Left Behind:
ESEA Flexibility Extension Request Approval (July 2014) ESEA Flexibility Extension Request (June 2014)
ESEA Flexibility Amendments (June 2014) Double testing flexibility approval (January 2014)
ESEA Flexibility Request As Amended 6/11/13 ESEA Flexibility Waiver Amendment Approval (June 2013)
ESEA Flexibility Waiver Amendment Request (March 2013) Request to Suspend Principle 3 Review (Dec 2012)
New Principle 3 Timeline (Dec 2012) Revised Amendment Request (Oct 2012)
ESEA Flexibility Waiver Amendment Request (Sept 2012) Approved ESEA Flexibility Waiver
ESEA Flexibility Request (submitted Feb. 26, 2012) DRAFT Flexibility Request (posted for public comment)
ESEA Flexibility Accountability Addendum 2013


South Dakota began the process of developing a new statewide accountability model in September 2011. The Department of Education assembled a group of 23 individuals representing key stakeholder groups to provide recommendations regarding a next-generation accountability model for South Dakota. The group has continued to provide recommendations throughout the process of developing South Dakota’s accountability model and revising its ESEA Flexibility Waiver requests.

Link to US ED’s ESEA Flexibility Page for South Dakota Accountability Work Group
CCSSO’s Principles for Next-Generation Accountability CCSSO’s Roadmap for Next-Gen Accountability Systems


For more information, contact the Secretary’s Office at (605) 773-5669.