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
School & District Management Webinar
The Principal's Role in Collective Efficacy and Student Outcomes
Learn practical strategies that help principals translate their confidence into stronger collective teacher efficacy and student outcomes.
Content provided by Otus
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
Education Funding Webinar
What Schools Need to Know About the Federal Education Freedom Tax Credit
What schools need to know about the federal Education Freedom Tax Credit: A practical guide from a licensed teacher and policy expert.
Content provided by LearningSpring
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 Climate & Safety Webinar
Building Your School Safety Roadmap: Key Priorities for the Upcoming Year
What should be on your school's safety roadmap this year? Join experts to discuss priorities, preparedness, and best practices.
Content provided by Evolv Technology & IdentiSys

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 Ed. Dept. Officially Kills Biden Rule That Added LGBTQ+ Protections to Title IX
The Education Department reinstates 2020 Title IX regulations effectively in place since early 2025.
4 min read
NEW YORK, NEW YORK - JUNE 13: Local elementary schools participate in the annual Brooklyn Gay Pride Parade, celebrating its 30th year, June 13, 2026 in the Park Slope neighborhood of the borough of Brooklyn, New York City.
Local elementary schools participate in the annual Brooklyn Gay Pride Parade, celebrating its 30th year on June 13, 2026, in the Park Slope neighborhood of the borough of Brooklyn, New York City. The Trump administration has officially rescinded a Biden-era regulation that extended Title IX's prohibition on sex discrimination to cover discrimination based on sexual orientation and gender identity.
Andrew Lichtenstein/Corbis via Getty Images
Federal OpenAI's Models Probed Websites of Department of Education, Other Agencies
The department's office for civil rights was probed in an attempted hack, according to a report.
3 min read
FILE - The OpenAI logo is displayed on a cell phone in front of an image generated by ChatGPT's Dall-E text-to-image model, Dec. 8, 2023, in Boston. (AP Photo/Michael Dwyer, File)
Federal Trump Administration Moves to Limit Fixes for Systemic Racism in Schools
The Trump administration has limited remedies schools can use to address systemic racial injustice.
7 min read
Jovonia Lewis poses for a portrait outside of the Durham Board of Education building on Sept. 21, 2026, in Durham, N.C.
Jovonia Lewis poses for a portrait outside the Durham Board of Education building on Sept. 21, 2026, in Durham, N.C. In 2018, the U.S. Department of Education reached an agreement with the Durham district after finding it disproportionately suspended Black students. The second Trump administration has limited the remedies schools can use to address systemic racial injustice.
Matt Ramey/AP
Federal Trump Admin. Touts Ed. Dept.'s Help for States as It Tries to Shut It Down
The Trump administration pushes the Education Department's closure, while touting its help for states.
6 min read
Letters on the Department of Education building are missing after removal of America 250 banners, which included those of Booker T. Washington, Catharine Beecher and Charlie Kirk, on March 18, 2026, in Washington.
Letters on the Department of Education building in Washington are missing in this March 18, 2026 photo. The Trump administration continues to push for the agency's closure while also touting its help for states.
Allison Robbert/AP