On January 8, 2009, Secretary Margaret Spellings approved New York's participation in the United States Department of Education's (USDE) differentiated accountability pilot. This pilot will provide New York with the opportunity to better match the interventions to improve student achievement with the academic reasons that led to the school's identification for improvement under No Child Left Behind.  In addition, this flexibility agreement allows local educational agencies (LEAs) to provide supplemental education services (SES) to eligible students in Title I schools in the first year of improvement while delaying the provision of school choice until a school has failed to make Adequate Yearly Progress subsequent to its identification for school improvement.

As required by section 9401(b)(3)(A) of the ESEA, SED is providing notice and information to the public on  this flexibility agreement.