Federal

NCLB Waiver Lets Virginia Offer Tutoring Before Choice

By Lynn Olson — September 07, 2005 2 min read
  • Save to favorites
  • Print

Four Virginia districts can provide students in low-performing schools with free tutoring before offering them the choice of switching to a higher-performing public school, under the first waiver granted by the federal government under the No Child Left Behind Act.

The “flexibility agreement” was outlined in an Aug. 25 letter from U.S. Secretary of Education Margaret Spellings to Thomas J. Jackson Jr., the president of the Virginia state board of education.

While the secretary has granted a number of states increased regulatory flexibility under the law, it is the first time that either Ms. Spellings or her predecessor, Rod Paige, has invoked Section 9401 of the law, which permits the secretary to grant waivers of elements of the statute itself.

The flexibility—long sought by a number of states—in essence reverses the order of the consequences spelled out in the federal law, a reauthorization of the Elementary and Secondary Education Act. Congress passed the law in late 2001.

The law requires all schools to meet annual targets for student performance to be deemed to have made adequate yearly progress.

Schools receiving federal Title I money for disadvantaged students that miss those targets for two years in a row are identified as needing improvement and must offer eligible students the chance to transfer to a higher-performing public school. Title I schools that remain in school improvement status a second year also must offer eligible students free tutoring, known under the law as “supplemental educational services.”

Under the pilot program approved for Virginia, four school districts—in Alexandria, Newport News, Henry County, and Stafford County—will be allowed to offer eligible students only tutoring during the first year that a Title I school is identified for improvement.

More Waivers Expected

Title I schools that are identified for a second year would have to offer both transfers and supplemental services. As a condition of the waiver, Virginia must provide the federal government with information on the academic achievement of students receiving tutoring; ensure that parents have access to a variety of providers; and increase the combined number of students taking advantage of the transfer and tutoring options.

While Virginia is the only state to receive such a waiver so far, the U.S. Department of Education plans to begin several pilot programs in a select number of districts across the country. The pilots will test the impact on student achievement of switching the order of transfers and tutoring, and examine how students use those options, according to department officials.

Meanwhile, Secretary Spellings has granted most states additional regulatory flexibility in meeting the law’s accountability provisions.

By late last week, the federal government had sent final decision letters to 37 states approving at least some of the requested changes to their accountability plans. Three states, the District of Columbia, and Puerto Rico did not request any changes from last year in how they calculate adequate progress under the law.

Ten more states had yet to receive final decision letters from department officials, although they have received oral approval for some of their requests.

Events

Artificial Intelligence K-12 Essentials Forum Big AI Questions for Schools. How They Should Respond 
Join this free virtual event to unpack some of the big questions around the use of AI in K-12 education.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
Harnessing AI to Address Chronic Absenteeism in Schools
Learn how AI can help your district improve student attendance and boost academic outcomes.
Content provided by Panorama Education
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Science Webinar
Spark Minds, Reignite Students & Teachers: STEM’s Role in Supporting Presence and Engagement
Is your district struggling with chronic absenteeism? Discover how STEM can reignite students' and teachers' passion for learning.
Content provided by Project Lead The Way

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Federal Jimmy Carter's Education Legacy Stretched From the School Board to the White House
The 39th president helped create the U.S. Department of Education. He had also been a school board member and an education-minded governor.
19 min read
Former U.S. President Jimmy Carter waves to the congregation after teaching Sunday school at Maranatha Baptist Church in his hometown of Plains, Georgia on April 28, 2019. Carter, 94, has taught Sunday school at the church on a regular basis since leaving the White House in 1981, drawing hundreds of visitors who arrive hours before the 10:00 am lesson in order to get a seat and have a photograph taken with the former President and former First Lady Rosalynn Carter.
Former President Jimmy Carter waves to the congregation after teaching Sunday school at Maranatha Baptist Church in his hometown of Plains, Ga., on April 28, 2019. He died Sunday, Dec. 29, 2024, at age 100.
Paul Hennessy/NurPhoto via ZUMA Press
Federal White House Starts Scrapping Pending Regulations on Transgender Athletes, Student Debt
The Biden administration plans to jettison pending regulations to prevent President-elect Trump from retooling them to achieve his own aims.
6 min read
President Joe Biden delivers remarks on lowering prices for American families during an event at the YMCA Allard Center on March 11, 2024, in Goffstown, N.H.
President Joe Biden delivers remarks on lowering prices for American families during an event at the YMCA Allard Center on March 11, 2024, in Goffstown, N.H. His administration is withdrawing proposed regulations that would provide some protections for transgender student<ins data-user-label="Matt Stone" data-time="12/26/2024 12:37:29 PM" data-user-id="00000185-c5a3-d6ff-a38d-d7a32f6d0001" data-target-id="">-</ins>athletes and cancel student loans for more than 38 million Americans.
Evan Vucci/AP
Federal Then & Now Will RFK Jr. Reheat the School Lunch Wars?
Trump's ally has said he wants to remove processed foods from school meals. That's not as easy as it sounds.
6 min read
Image of school lunch - Then and now
Liz Yap/Education Week with iStock/Getty and Canva
Federal 3 Ways Trump Can Weaken the Education Department Without Eliminating It
Trump's team can seek to whittle down the department's workforce, scrap guidance documents, and close offices.
4 min read
Then-Republican presidential nominee former President Donald Trump smiles at an election night watch party at the Palm Beach Convention Center, Nov. 6, 2024, in West Palm Beach, Fla.
President-elect Donald Trump smiles at an election night watch party at the Palm Beach Convention Center on Nov. 6, 2024, in West Palm Beach, Fla. Trump pledged during the campaign to eliminate the U.S. Department of Education. A more plausible path could involve weakening the agency.
Evan Vucci/AP