On September 23, 2011, the Obama Administration described its plan to provide flexibility under the Elementary and Secondary Education Act (ESEA), renamed the No Child Left Behind Act (NCLB) in 2001. In a September 23 letter to chief state school officers, Education Secretary Arne Duncan stated that “While NCLB helped State and local educational agencies (SEAs and LEAs) shine a bright light on the achievement gap and increased accountability for groups of high-need students, it inadvertently encouraged some states to set low academic standards, failed to recognize or reward growth in student learning, and did little to elevate the teaching profession or recognize the most effective teachers.” He acknowledged that, over the past few years, states and school districts across the country have initiated education innovations and reforms that were not anticipated when NCLB was enacted; now, many NCLB requirements have become barriers to the ability of SEAs and LEAs to foster progress and accelerate academic achievement.
In making the case for ESEA flexibility, the Administration announced that it is time for a new partnership where the federal role is to support education innovation and reform while maintaining a high bar for the success of all students. In the absence of action by Congress to overhaul NCLB, states may obtain ESEA flexibility through the approval of waivers of specific NCLB provisions including the requirements for: Achieving 100% proficiency in reading and math for all students by 2014; meeting adequate yearly progress, and making specific use of several federal education funding streams. In exchange for flexibility, states must lead serious efforts to close achievement gaps and increase equity, promote rigorous accountability, and ensure that all students are on track for high school graduation, college- and career-ready. States may request waivers in one of two rounds; requests for the first round are due November 15 and, for the second round, in mid-February 2012. The requests in each round will be peer-reviewed and the reviewers will determine whether a request is approved.
Additional information about ESEA flexibility is available at http://www.ed.gov/esea/flexibility.
