NCLB/ESEA Waiver Watch State Summaries

Information updated November 18, 2011

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Alabama

Alaska

Eric Fry, Public Information Officer of the Alaska Department of Education and Early Development, has stated that Alaska is definitely interested in the possibility of applying for a waiver, though the state will wait to "carefully evaluate the waivers when all the requirements are known," according to Governor Sean Parnell.

Alaska to look at NCLB waivers
Juneau Empire
September 8, 2011

Arizona

The state has indicated that it will apply for a waiver under the February, 2012 deadline for Spring, 2012 peer review.

States intending to request ESEA flexibility
U.S. Department of Education
October 12, 2011

Arkansas

The state has indicated that it will apply for a waiver under the February, 2012 deadline for Spring, 2012 peer review.

States intending to request ESEA flexibility
U.S. Department of Education
October 12, 2011

Arkansas asked permission to hold its proficiency targets at 2011-2012 levels during implementation of the new Common Core standards and PARCC assessment, but the U.S. Department of Education denied that request.

Letter denying request
U.S. Department of Education
May 17, 2011

 

California

State Superintendent of Public Instruction Tom Torlakson wrote to Secretary Duncan requesting that California be allowed to “freeze sanctions and mandatory identification required under NCLB Section 1116 at the 2010–11 level”.  In his letter, he also expressed dissatisfaction regarding the “conditional nature of the waivers”.  Torlakson has also indicated that California may not apply for a waiver due to the cost of the required reforms.

Letter from Superintendent Torlakson to Secretary Duncan
California Department of Education
August 23, 2011

Schools chief seeks relief from law labeling schools as 'failing'
Los Angeles Times
August 25, 2011

State: Obama Testing Waiver Will Cost $3.1 Billion
The Orange County Register
November 3, 2011

Colorado

The state has indicated that it will apply for a waiver under the November, 2011 deadline for December peer review. A copy of the state's draft waiver request can be viewed here.

States intending to request ESEA flexibility
U.S. Department of Education
October 12, 2011

Colorado State Board of Education Commissioner Robert Hammond announced that the state is “studying the possibility of seeking a waiver”.

SBE mulls test costs, NCLB waiver
Education News Colorado
August 4, 2011

Connecticut

The state has indicated that it will apply for a waiver February, 2012 deadline for Spring, 2012 peer review.

States intending to request ESEA flexibility
U.S. Department of Education
October 12, 2011

State Board of Education Chairman Allan B. Taylor said that Connecticut does not have the resources necessary to comply with NCLB and should apply for a waiver. Governor Malloy also said that the state would be applying for flexibility.

Connecticut May Seek Waiver from NCLB Requirements
The CT Monitor
August 2, 2011

State requests waiver on No Child Left Behind
The NewsTimes.com
September 23, 2011

Delaware

The state has indicated that it will apply for a waiver under the February, 2012 deadline for Spring, 2012 peer review.

States intending to request ESEA flexibility
U.S. Department of Education
October 12, 2011

District of Columbia

The District has indicated that it will apply for a waiver under the February, 2012 deadline for Spring, 2012 peer review.

States intending to request ESEA flexibility
U.S. Department of Education
October 12, 2011

Florida

The state has indicated that it will apply for a waiver under the November, 2011 deadline for December peer review. A copy of the state's waiver request can be viewed here.

States intending to request ESEA flexibility
U.S. Department of Education
October 12, 2011

In his testimony before the U.S. House of Representatives Committee on Education and the Workforce, Miami-Dade Superintendent Alberto Carvalho said that Florida was interested in applying for a waiver.

Archived webcast of hearing "Education Reforms: Examining the Federal Role in Public School Accountability"
U.S. House of Representatives Committee on Education and the Workforce
September 14, 2011

Georgia

The state has indicated that it will apply for a waiver under the November, 2011 deadline for December peer review. The state's application can be viewed here.

States intending to request ESEA flexibility
U.S. Department of Education
October 12, 2011

According to State Schools Superintendent John Barge, Georgia has submitted a request for a waiver to allow accountability to be based on measures such as ACT, SAT, AP and IB test scores, student success in career tech or dual enrollment classes and other factors that would "look at the full scope of work schools do to prepare students to be ready for college and career".

State appeals No Child Left Behind
The Atlanta Journal-Constitution
September 20, 2011

 

Hawaii

The state has indicated that it will apply for a waiver under the February, 2012 deadline for Spring, 2012 peer review.

States intending to request ESEA flexibility
U.S. Department of Education
October 12, 2011

Idaho

The state has indicated that it will apply for a waiver under the February, 2012 deadline for Spring, 2012 peer review.

States intending to request ESEA flexibility
U.S. Department of Education
October 12, 2011

While not being called an official “waiver”, the U.S. Department of Education told Idaho it has permission to hold its proficiency targets at the same level for the third year in a row, a provision allowed under the current NCLB law. This occurred in response to a letter from Idaho State Superintendent Tom Luna in which he informed Secretary Duncan that Idaho would keep its current proficiency targets in place while implementing a new accountability system.

Letter to Secretary Duncan
Iowa State Department of Education
June 21, 2011

Letter in response to Superintendent Luna
U.S. Department of Education
July 27, 2011

 

Illinois

The state has indicated that it will apply for a waiver under the February, 2012 deadline for Spring, 2012 peer review.

States intending to request ESEA flexibility
U.S. Department of Education
October 12, 2011

According to a spokeswoman for the Illinois State Board of Education, the state is interested in the possibility of a waiver and will explore the option after seeing more details of the requirements.

Glenview’s ‘Failing’ Schools Among Nation’s Best
Glenview Patch
August 10, 2011

 

Indiana

The state has indicated that it will apply for a waiver under the November, 2011 deadline for December peer review. Indiana's waiver application can be viewed here.

States intending to request ESEA flexibility
U.S. Department of Education
October 12, 2011

State school superintendent Tony Bennett has indicated that Indiana will seek a waiver to allow the state to use a growth-based accountability measure.

State Seeks Waiver From Federal Education Benchmarks
WIBC Indianapolis
August 9, 2011

 

Iowa

The state has indicated that it will apply for a waiver under the February, 2012 deadline for Spring, 2012 peer review.

States intending to request ESEA flexibility
U.S. Department of Education
October 12, 2011

Jason Glass, Director of the Iowa Department of Education, expressed interest in applying for a waiver.

Iowa Will Consider NCLB Waiver
Des Moines Register
August 8, 2011

 

Kansas

The state has indicated that it will apply for a waiver under the February, 2012 deadline for Spring, 2012 peer review.

States intending to request ESEA flexibility
U.S. Department of Education
October 12, 2011

Kansas asked the U.S. Department of Education for permission to hold their AYP targets at 2009-2010 levels as they implemented the new Common Core Standards and SMARTER Balanced assessment, but the request was denied earlier this year. State officials have indicated that they are interested in re-applying under the new waiver process this fall.

Letter requesting permission not to raise targets
Kansas State Department of Education
February 9, 2011

Follow-up letter to Secretary Duncan
Kansas State Department of Education
April 27, 2011

USDOE denies State Board’s AYP waiver request
Kansas State Department of Education
May 13, 2011

Letter denying Kansas waiver request
US Department of Education
May 17, 2011

Kansas To Ask For Another NCLB Waiver
The Topeka Capital-Journal
August 9, 2011

 

Kentucky

The state has indicated that it will apply for a waiver under the November, 2011 deadline for December peer review. Kentucky's waiver application can be viewed here.

States intending to request ESEA flexibility
U.S. Department of Education
October 12, 2011

Governor Beshear and State Education Commissioner Terry Holliday submitted a letter to Secretary Duncan requesting that Kentucky be allowed to use its own accountability model in place of the model mandated by NCLB.

Governor Beshear Seeks Flexibility for No Child Left Behind Act
Communication Office of Governor Beshear
June 20, 2011

Louisiana

 

Maine

The state has indicated that it will apply for a waiver under the February, 2012 deadline for Spring, 2012 peer review.

States intending to request ESEA flexibility
U.S. Department of Education
October 12, 2011

Stephen Bowen, state Education Commissioner, has said that Maine will submit a request for a waiver once the state has developed a new accountability system, which will use multiple measures to assess students’ schools’ academic performance.

A Short-term fix before a long-term solution
Maine Department of Education
August 9, 2011

Maine will request waiver to No Child Left Behind
The Morning Sentinel
August 19, 2011

Maryland

The state has indicated that it will apply for a waiver under the February, 2012 deadline for Spring, 2012 peer review.

States intending to request ESEA flexibility
U.S. Department of Education
October 12, 2011

Massachusetts

The state has indicated that it will apply for a waiver under the November, 2011 deadline for December peer review. The state's waiver application can be viewed here.

States intending to request ESEA flexibility
U.S. Department of Education
October 12, 2011

 

Michigan

The state has indicated that it will apply for a waiver under the February, 2012 deadline for December peer review.

States intending to request ESEA flexibility
U.S. Department of Education
October 12, 2011

The State Department of Education has officially requested flexibility from certain provisions of NCLB. However one of their requests, concerning flexibility from certain Title I, section 1003 (g) of the School Improvement Grant requirements, was denied, while the others are pending.

Letter to Dr. Thelma Meléndez de Santa Ana, Assistant Secretary for Elementary and Secondary Education, requesting flexibility from Title I, Part A, Sections 1111(b)(2)(F) and 1111(b)(2)(G)
Michigan Department of Education
July 29, 2011

Memo from Sally Vaughn, Michigan Deputy Superintendent/Chief Academic Officer, regarding denial of flexibility from ARRA Section 1003 (g)
Michigan Department of Education
August 22, 2011

 

Minnesota

The state has indicated that it will apply for a waiver under the November, 2011 deadline for December peer review. The state's waiver request can be viewed here.

States intending to request ESEA flexibility
U.S. Department of Education
October 12, 2011

Dr. Brenda Cassellius, Commissioner of the State Department of Education, officially requested flexibility.

Letter to Secretary Duncan
Minnesota Department of Education
August 16, 2011

Schools in Limbo as Feds Ponder NCLB Waiver Rules
Education Week
September 12, 2011

 

Mississippi

The state has indicated that it will apply for a waiver under the February, 2012 deadline for December peer review.

States intending to request ESEA flexibility
U.S. Department of Education
October 12, 2011

 

Missouri

The state has indicated that it will apply for a waiver under the February, 2012 deadline for Spring, 2012 peer review.

States intending to request ESEA flexibility
U.S. Department of Education
October 12, 2011

According to Margie Vandeven, Assistant Commissioner with the Office of Quality Schools at Missouri's Department of Elementary and Secondary Education, the state will request a waiver.

No Child Left Behind: States Apply For Waivers To Skirt Rules As Reform Stalls
Huffington Post
August 4, 2011

Missouri wants waiver from NCLB
Springfield News-Leader
August 9, 2011

 

Montana
Education leaders in Montana issued a letter to Secretary Duncan stating that they would not increase their annual measurable objectives (AMO), this year. (AMO is the yearly target for the percentage of students whose score on the state tests must be proficient or above in reading and math.) Montana State Superintendent of Public Instruction Denise Juneau received word back that because her state had already kept AMOs flat for three years, Montana would be expected to comply with NCLB requirements this year or risk losing federal Title I, Part A funding. On August 15, Secretary Duncan announced that the state would be allowed to "redraw its schedule of raising testing targets", an opportunity they had bypassed when revising academic standards in 2005, and one expected to greatly reduce the number of schools failing to meet AYP this year.

Letter to Secretary Duncan
Montana State Department of Education
April 25, 2011

Letter from Secretary Duncan in response to Superintendent Juneau
U.S. Department of Education
July 1, 2011

State Challenges Seen As Whittling Away Federal Education Law
The New York Times
August 14, 2011

Ed. Dept. Allows Montana to Rewrite its NCLB History
Education Week
August 15, 2011

Letter to Secretary Duncan
Montana State Department of Education
August 15, 2011 

 

Nebraska

 

Nevada

The state has indicated that it will apply for a waiver under the February, 2012 deadline for Spring, 2012 peer review.

States intending to request ESEA flexibility
U.S. Department of Education
October 12, 2011

Nevada State Superintendent Keith Rheault indicated that Nevada will seek a waiver, according to a Washoe County schools official.

Washoe schools seek No Child Left Behind waiver
Reno Gazette-Journal
August 9, 2011

 

New Hampshire

The state has indicated that it will apply for a waiver under the February, 2012 deadline for Spring, 2012 peer review.

States intending to request ESEA flexibility
U.S. Department of Education
October 12, 2011

State Deputy Commissioner of Education Paul Leather stated that New Hampshire may be interested in applying for a waiver, but will wait to make a final decision after reviewing the details of Secretary Duncan's guidance when they become availabe.

State education official: School choice controversy highlights NCLB weaknesses
Seacoast Online
August 31, 2011

State eyeing NCLB waiver
Nashua Telegraph
September 1, 2011

 

New Jersey

The state has indicated that it will apply for a waiver under the November, 2011 deadline for December peer review. The state's waiver application is available here.

States intending to request ESEA flexibility
U.S. Department of Education
October 12, 2011

According to acting State Education Commissioner Christopher D. Cerf, "While we await further clarification of the criteria from the Secretary, we are actively considering a waiver on the basis of these refinements".

Montclair School District could benefit from NCLB waiver
The Montclair Times
August 11, 2011

 

New Mexico

The state has indicated that it will apply for a waiver under the November, 2011 deadline for December peer review. A presentation regarding the state's waiver request can be viewed here.

States intending to request ESEA flexibility
U.S. Department of Education
October 12, 2011

Superintendent Hanna Skandera discussed “the possibility of waivers with [Secretary] Duncan”.

No Child Left Behind: States Apply For Waivers To Skirt Rules As Reform Stalls
Huffington Post
August 4, 2011

 

New York

The state has indicated that it will apply for a waiver under the February, 2012 deadline for Spring, 2012 peer review.

States intending to request ESEA flexibility

U.S. Department of Education
October 12, 2011

North Carolina

The state has indicated that it will apply for a waiver under the February, 2012 deadline for December peer review.

States intending to request ESEA flexibility
U.S. Department of Education
October 12, 2011

Although a final decision on whether or not to formally apply was not expected for at least a month, North Carolina stated they might, “propose to replace the federal law with the state ABC accountability program, and use the ACT results, five-year-graduation rates and other measures as indicators of student readiness for college and jobs,” according to June Atkinson, state superintendent of public instruction.

Students Could Be Required to Take ACT Tests Next Year
The News Observer
August 4, 2011

 

North Dakota

The state has indicated that it will apply for a waiver under the November, 2011 deadline for December peer review.

States intending to request ESEA flexibility
U.S. Department of Education
October 12, 2011

Ohio

The state has indicated that it will apply for a waiver under the February, 2012 deadline for Spring, 2012 peer review.

States intending to request ESEA flexibility
U.S. Department of Education
October 12, 2011

 

Oklahoma

The state has indicated that it will apply for a waiver under the November, 2011 deadline for December peer review. The state's waiver application is available here.

States intending to request ESEA flexibility
U.S. Department of Education
October 12, 2011

According to a spokesman for the Oklahoma Governor’s office, "The governor will work with State Superintendent Janet Barresi, Secretary of Education Phyllis Hudecki and the education community to determine which waivers, if any, the state will apply”.

Barresi: State would seek No Child Left Behind waiver
Tulsa World
August 10, 2011

 

Oregon

The state has indicated that it will apply for a waiver under the February, 2012 deadline for Spring, 2012 peer review.

States intending to request ESEA flexibility
U.S. Department of Education
October 12, 2011

Governor John Kitzhaber stated that Oregon would apply for a waiver.

Kitzhaber promises to week waiver from No Child Left Behind
The Portland Tribune
September 9, 2011

Pennsylvania

 

Rhode Island

The state has indicated that it will apply for a waiver under the February, 2012 deadline for Spring, 2012 peer review.

States intending to request ESEA flexibility
U.S. Department of Education
October 12, 2011

 

South Carolina

The state has indicated that it will apply for a waiver under the February, 2012 deadline for Spring, 2012 peer review.

States intending to request ESEA flexibility
U.S. Department of Education
October 12, 2011

State Superintendent Mick Zais said, "I intend to submit waivers that set high expectations for South Carolina students while more accurately assessing the performance of schools.  Additionally, we must more closely link classroom teachers to student performance because every student should be taught by a highly effective teacher.  To accomplish this goal will require relief from burdensome federal regulations".

Florence County Looking Forward to NCLB Waivers
WMBF News
August 16, 2011

 

South Dakota

The state has indicated that it will apply for a waiver under the February, 2012 deadline for Spring, 2012 peer review.

States intending to request ESEA flexibility
U.S. Department of Education
October 12, 2011

Education leaders in South Dakota issued a letter to Secretary Duncan stating that they would not increase their annual measurable objectives (AMO) this year. (AMO is the yearly target for the percentage of students whose score on the state tests must be proficient or above in reading and math.) The letter also stated that the graduate rate target would be lowered to 80% due to implementation of the new four-year cohort graduation rate.

Letter to Secretary Duncan
South Dakota Department of Education
June 29, 2011

Letter about Amending Accountability Workbook
South Dakota Department of Education
August 2, 2011 

 

Tennessee

The state has indicated that it will apply for a waiver under the November, 2011 deadline for December peer review. The state's waiver request can be viewed here.

States intending to request ESEA flexibility
U.S. Department of Education
October 12, 2011

State officials officially requested flexibility.

Letter to Secretary Duncan
Tennessee Department of Education
July 29, 2011 

TN Wants Out of No Child
The Tennessean
July 30, 2011

No Child Left Behind Waiver Application - General Information
Tennessee Department of Education
2011

 

Texas

 

Utah

The state has indicated that it will apply for a waiver under the February, 2012 deadline for Spring, 2012 peer review.

States intending to request ESEA flexibility
U.S. Department of Education
October 12, 2011

Utah received permission from the U.S. Department of Education to use computer-adaptive growth model tests in 12 districts in place of the normal state exams used for accountability determinations. Utah has also applied for an extended timeline for development and implementation of its School Improvement Grant teacher and principal evaluation systems, which is still pending.

Duncan Issues Far More NCLB Waivers Than Predecessors
Education Week
April 25, 2011

Letter from U.S. Department of Education to Utah
July 26, 2011 

Letter from Michael Yudin, Acting Assistant Secretary, regarding SIG flexibility
U.S. Department of Education
August 12, 2011

Fixing NCLB
The Salt Lake Tribune
August 14, 2011

 

Vermont

The state has indicated that it will apply for a waiver under the February, 2012 deadline for December peer review.

States intending to request ESEA flexibility
U.S. Department of Education
October 12, 2011

Vermont will submit an application for a waiver, according to the State Board of Education.

Vermont Moves Forward with NCLB Waiver
Rutland Herald
October 4, 2011

 

Virginia

The state has indicated that it will apply for a waiver under the February, 2012 deadline for Spring, 2012 peer review.

States intending to request ESEA flexibility
U.S. Department of Education
October 12, 2011

Patricia I. Wright, Virginia’s superintendent of public instruction in Virginia, has stated that she will recommend Virginia apply for a legal waiver to allow the state time to set up a new accountability system based on student growth.

62% of Virginia Schools Labeled “Failing” under No Child Left Behind
The Washington Post
August 11, 2011

 

Washington

The state has indicated that it will apply for a waiver under the February, 2012 deadline for Spring, 2012 peer review.

States intending to request ESEA flexibility
U.S. Department of Education
October 12, 2011

West Virginia

 

Wisconsin

The state has indicated that it will apply for a waiver under the February, 2012 deadline for December peer review.

States intending to request ESEA flexibility
U.S. Department of Education
October 12, 2011

State Schools Chief Tony Evers is working with Governor Scott Walker to design and implement a rubric for school and teacher accountability, and they “hope to receive waivers for NCLB requirements once their accountability system is in place”.

Scott Walker's New Education Initiative Seeks To Revamp School Accountability -- With Or Without Union Help
Huffington Post
July 11, 2011

 

Wyoming