	Overview

Section 9401 of the Elementary and Secondary Education Act (ESEA) provides the Secretary of Education (hereinafter referred to as the Secretary) with broad waiver authority with respect to programs authorized under the act. The Secretary has used the authority provided under Section 9401 to grant numerous waivers over time, including waivers of accountability and general administrative requirements. Most states have either applied for the ESEA flexibility package or have indicated an intention to do so. If those packages are approved by ED, they may be in effect in many states by the end of the current school year if ESEA reauthorization does not occur prior to that time. The subsequent reauthorization of the ESEA by the No Child Left Behind Act of 2001 (NCLB; P.L. A waiver request must
identify the federal programs affected by the requested waiver; describe the statutory or regulatory requirements to be waived and how the waiving of these requirements will increase the quality of student instruction and improve student academic achievement; describe for each school year the "specific, measurable education goals" in accordance with ESEA, Section 1111(b), for the SEA and for each LEA, Indian tribe, or school that would be affected by the waiver and the methods that would be used to measure annual progress toward meeting such goals and outcomes; explain how the waiver will assist the SEA and each affected LEA, Indian tribe, or school in reaching the state goals; and describe "how schools will continue to provide assistance to the same populations served by programs for which waivers are requested." Overview of Waivers Included in the Administration's ESEA Flexibility Package

As previously mentioned, on September 23, 2011, President Obama and the Secretary formally announced the availability of a package of 10 waivers and one optional waiver of ESEA requirements for states and the four principles that states must meet to obtain the waivers. Flexibility regarding the 2013-2014 timeline for determining adequate yearly progress (waiver of existing accountability provisions) 2. Flexibility in implementation of school improvement requirements (waiver of existing accountability provisions) 3. Flexibility in implementation of LEA improvement requirements (waiver of existing accountability provisions) 4. Flexibility for rural LEAs (waiver providing flexibility in the use of federal funds) 5. Flexibility to support school improvement (waiver of an existing School Improvement Grant (SIG) program provision to support new accountability provisions) 7. Flexibility for Reward Schools (waiver of an existing accountability provision) 8. Flexibility regarding highly qualified teacher (HQT) improvement plans (waiver of teacher-related provisions) 9. Flexibility to transfer certain funds (waiver providing flexibility in the use of federal funds) 10. Priority school. The four principles, as stated by ED, are as follows:
1. college- and career-ready expectations for all students; 2. state-developed differentiated recognition, accountability, and support; 3. supporting effective instruction and leadership; and 4. reducing duplication and unnecessary burden. This is similar to what the Administration is including in its ESEA flexibility package. Implementation Timeline

As previously discussed, the ESEA flexibility package would apply to school years 2011-2012, 2012-2013, and 2013-2014. States would have the option to apply for a one-year waiver extension for the 2014-2015 school year.
Section 9401 of the Elementary and Secondary Education Act (ESEA) provides the Secretary of Education with broad waiver authority with respect to programs authorized under the act. The Secretary has used the authority provided under Section 9401 to grant numerous waivers over time, including waivers of accountability and general administrative provisions. On September 23, 2011, President Obama and the Secretary announced the availability of an ESEA flexibility package for states and described the principles that states must meet to obtain the included waivers. The waivers would apply to school years 2011-2012, 2012-2013, and 2013-2014. States would have the option to apply for a one-year waiver extension for the 2014-2015 school year.
The following waivers are included in the ESEA flexibility package:
1. Flexibility regarding the 2013-2014 timeline for determining adequate yearly progress 2. Flexibility in implementation of school improvement requirements 3. Flexibility in implementation of local educational agencies (LEAs) improvement requirement 4. Flexibility for rural LEAs 5. Flexibility for schoolwide programs 6. Flexibility to support school improvement 7. Flexibility for Reward Schools 8. Flexibility regarding highly qualified teacher (HQT) improvement plans 9. Flexibility to transfer certain funds 10. Flexibility in the use of School Improvement Grant funds to support priority schools
The waivers would exempt states from various academic accountability requirements, teacher qualification-related requirements, and funding flexibility requirements that were enacted through the No Child Left Behind Act of 2001 (NCLB; P.L. 107-110). State educational agencies (SEAs) could also apply for an optional waiver related to the 21st Century Community Learning Centers program. However, in order to receive the waivers, SEAs must agree to meet four principles established by ED for "improving student academic achievement and increasing the quality of instruction." The four principles, as stated by ED, are as follows: (1) college- and career-ready expectations for all students; (2) state-developed differentiated recognition, accountability, and support; (3) supporting effective instruction and leadership; and (4) reducing duplication and unnecessary burden.
Taken collectively, the waivers and principles included in the ESEA flexibility package amount to a fundamental redesign by the Administration of the accountability and teacher-related requirements included in current law. Given that most states have applied for, or signaled an intent to apply for, the waivers, the ESEA flexibility package may be in effect in many states by the end of the current school year. If Congress continues to work on ESEA reauthorization during the 112th Congress, it is possible that provisions included in any final bill may be similar to or override the waivers and principles established by the Administration.