The author is disappointed to hear about the feedback that several states have received from the United States Department of Education (USED) regarding the proposed additional indicator of school quality and student success for grades 3-8. The "equity indicator" has been used in Wyoming and Utah for several years and there is substantial evidence of its sound technical properties and important consequential benefits. Additionally, a very similar approach has been used in Florida with similarly positive results. The purpose of this memo is to make the case that the "equity indicator" is consistent with both the letter and spirit of ESSA and it is essential to allow states the promised flexibility to design an accountability system that best support the state's theory of improvement.