1994 ESEA: The State of State Compliance

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A majority of states still have not fully met the standards and assessment requirements of the 1994 version of the Elementary and Secondary Education Act, even though the formal deadlines have passed. The last of those deadlines, for the assessment provisions, ended with the 2000-01 school year.

The Department of Education has granted timeline waivers to many states that missed the deadlines, allowing them extra time to comply. Puerto Rico has also received a waiver. The waivers range in duration from one to three years.

The department has required several other states and the District of Columbia, however, to enter into so-called compliance agreements, because they are especially far behind and the agency believes a waiver would not ensure compliance. Those legal documents, published in the Federal Register, are signed by both parties to the agreements and required public hearings.

Under the "No Child Left Behind" Act of 2001, which reauthorized the ESEA, Congress gave the Education Department until April 8 to complete all time extensions, whether by waivers or compliance agreements.

Below is the status for states, including the deadlines by which those still out of compliance are required to present evidence to the Education Department that they have met all requirements on standards and assessments.

Fully Approved (19):

Colorado, Connecticut, Delaware, Indiana, Kansas, Louisiana, Maine, Maryland, Massachusetts, Missouri, New Hampshire, North Carolina, Oregon, Pennsylvania, Rhode Island, Texas, Vermont, Virginia, Wyoming.

Timeline Waivers (28):

Alaska: Feb. 28, 2003
Arizona: Aug. 31, 2003
Arkansas: Nov. 30, 2003
California: Nov. 30, 2003
Florida: Dec. 1, 2002
Georgia: June 30, 2003
Hawaii: May 30, 2003
Illinois: Dec. 31, 2002
Iowa: Dec. 1, 2003
Kentucky: June 30, 2002
Michigan: Feb. 28, 2003
Minnesota: Jan. 31, 2004
Mississippi: June 1, 2003
Nebraska: Feb. 28, 2003
Nevada: July 20, 2003
New Jersey: June 30, 2003
New Mexico: Dec. 12, 2003
New York: Jan. 31, 2002*
North Dakota: Aug. 31, 2003
Ohio: Jan. 22, 2004
Oklahoma: Sept. 21, 2003
Puerto Rico: Jan. 2, 2004
South Carolina: June 30, 2003
South Dakota: June 30, 2003
Tennessee: Nov. 30, 2003
Utah: June 30, 2002
Washington: Dec. 31, 2002
Wisconsin: Nov. 6, 2003

Compliance Agreements (5):

Alabama: April 8, 2005
District of Columbia: March 29, 2005
Idaho: March 29, 2005
Montana: April 5, 2005
West Virginia: Feb. 4, 2005

*As of last week, department officials indicated that final approval of New York's standards and assessment plans was imminent.

Vol. 21, Issue 31, Page 29

Published in Print: April 17, 2002, as 1994 ESEA: The State of State Compliance
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