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

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
Special Education Webinar
Hidden Costs of Special Ed Vacancies: Solutions for Your District
When provider vacancies hit, students feel it first. Hear what district leaders are doing to keep IEP-related services on track.
Content provided by Huddle Up
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
Privacy & Security Webinar
How Technology Is Reshaping Childhood
How do we protect kids online while embracing innovation? Learn about navigating safety, privacy, and opportunity in the Digital Age.
Content provided by Connect x Protect
Budget & Finance Webinar Creative Approaches to K-12 Budget Realities
What are districts prioritizing in 2026? New survey data reveals emerging K-12 budgeting trends.

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 Interactive Feds Issue a Slimmed-Down Data Release on U.S. Schools
The Condition of Education highlights school enrollment, finance, and graduation data.
Image of blurry data and a school building.
Laura Baker/Education Week + Canva
Federal Opinion We Need Better Data to Understand What Happens to Students After High School
Here are the two things we need before we can answer how well we’re preparing students.
Jennifer Bell-Ellwanger & Sara Schapiro
4 min read
Future data arrow concept with student looking out to a tangle of possibilities. Choice. grow chart up decisions. Pathways.
Vanessa Solis/Education Week + Getty
Federal Opinion How the Institute of Education Sciences Could Better Serve Schools
“It’s been all over the place,” explains the scholar tasked with reimagining IES.
4 min read
The United States Capitol building as a bookcase filled with red, white, and blue policy books in a Washington DC landscape.
Luca D'Urbino for Education Week
Federal Senate Days Are Numbered for Top Republican Charged With Ed. Dept. Oversight
Sen. Bill Cassidy was vying for a third term in the Senate but lost his primary over the weekend.
4 min read
Sen. Bill Cassidy, R-La., right, hugs a supporter during an election night watch party Saturday, May 16, 2026, in Baton Rouge, La.
Sen. Bill Cassidy, R-La., right, hugs a supporter during an election night watch party on Saturday, May 16, 2026, in Baton Rouge, La. Cassidy leads the Senate committee charged with education policy. He was vying for a third Senate term but lost his primary over the weekend.
Gerald Herbert/AP