On June 12, 2018, the New York State Board of Regents adopted emergency regulations to implement New York's approved State Plan under the federal Every Student Succeeds Act (“ESSA”). As you recall, ESSA was enacted in 2015 as the legislative reauthorization of the federal Elementary and Secondary Education Act (“ESEA”), replacing the previous legislative reauthorization known as the No Child Left Behind Act (“NCLB”). In short, ESSA prescribes the various rules that states and school districts must adhere to as a condition of receiving federal funding. Each state was required to submit a plan to the United States Department of Education (“USDE”) to address its approach for implementation of ESSA's requirements. Following extensive stakeholder engagement, the ESSA Plan developed by the New York State Education Department (“NYSED”) was approved by USDE, and the regulations enacted this week serve as the framework for implementation of that Plan. Guercio and Guercio clients can read the entire memorandum in the Client Portal.