Secretary’s Approval Letter for Hawaii ESEA Flexibility

May 20, 2013

Ms. Kathryn Matayoshi
Hawaii State Department of Education
P.O. Box 2360
Honolulu, HI 96813

Dear Ms. Matayoshi:

I am pleased to approve Hawaii’s request for ESEA flexibility, subject to Hawaii’s meeting the condition described below. I congratulate you on submitting a request that demonstrates Hawaii’s commitment to improving academic achievement and the quality of instruction for all of the State’s elementary and secondary school students.

In fall 2011, the U.S. Department of Education (Department) offered States the opportunity to request flexibility from certain requirements of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the No Child Left Behind Act of 2001, in exchange for rigorous and comprehensive plans designed to improve educational outcomes for all students, close achievement gaps, increase equity, and improve the quality of instruction. This flexibility is intended to support the groundbreaking reforms already taking place in many States and districts that we believe hold promise for improving outcomes for students. We are encouraged by the innovative thinking and strong commitment to improving achievement for all students that is evident in Hawaii’s request.

Our decision to approve Hawaii’s request for ESEA flexibility, subject to Hawaii’s meeting the condition discussed below, is based on our determination that the request meets the four principles articulated in the Department’s September 23, 2011, document titled ESEA Flexibility. In particular, Hawaii has: (1) demonstrated that it has college- and career-ready expectations for all students; (2) developed, and has a high-quality plan to implement, a system of differentiated recognition, accountability, and support for all Title I districts and schools in the State; (3) committed to developing, adopting, piloting, and implementing teacher and principal evaluation and support systems that support student achievement; and (4) provided an assurance that it will evaluate and, based on that evaluation, revise its administrative requirements to reduce duplication and unnecessary burden on districts and schools. Our decision is also based on Hawaii’s assurance that it will meet these four principles by implementing the high-quality plans and other elements as described in its request and in accordance with the required timelines. In approving Hawaii’s request, we have taken into consideration the feedback we received from the panel of peer experts and Department staff who reviewed Hawaii’s request, as well as Hawaii’s revisions to its request in response to that feedback.

The waivers that comprise ESEA flexibility are being granted to Hawaii pursuant to my authority in section 9401 of the ESEA. A complete list of the statutory provisions being waived is set forth in the table enclosed with this letter. Consistent with section 9401(d)(1) of the ESEA, I am granting waivers of these provisions through June 30, 2014. If Hawaii meets the condition described below prior to that date, Hawaii may request an extension of these waivers through the end of the 2014–2015 school year. At that time, Hawaii may request an additional extension of these waivers.

In the coming days, you will receive a letter from Deborah Delisle, Assistant Secretary for Elementary and Secondary Education, containing additional information regarding Hawaii’s implementation of ESEA flexibility, as well as information regarding monitoring and reporting. Please note that the Department will closely monitor Hawaii’s implementation of the plans, systems, and interventions detailed in its request in order to ensure that all students continue to receive the assistance and supports needed to improve their academic achievement.

Our decision to place a condition on the approval of Hawaii’s request is based on the fact that Hawaii is currently designated a high-risk grantee under the Race to the Top program, has unresolved monitoring findings under the School Improvement Grants (SIG) program, and has conditions on its SIG funds.

To receive approval to implement ESEA flexibility through the end of the 2014–2015 school year, Hawaii must, by May 30, 2014, provide clear and compelling evidence of substantial progress in the areas of its Race to the Top plan that are still on high-risk status, resolve its remaining SIG monitoring findings, and demonstrate that it has continued to comply with all conditions on its SIG funds. If Hawaii fails to do so, the waivers being granted to Hawaii through ESEA flexibility will expire on June 30, 2014, and Hawaii will be required to immediately resume complying with all ESEA requirements. We are encouraged by the progress that Hawaii has made toward addressing the outstanding issues related to both Race to the Top and SIG implementation, and are confident that Hawaii will quickly resolve these issues.

Hawaii continues to have an affirmative responsibility to ensure that it and its districts are in compliance with Federal civil rights laws that prohibit discrimination based on race, color, national origin, sex, disability, and age in their implementation of ESEA flexibility as well as their implementation of all other Federal education programs. These laws include Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act, the Age Discrimination Act of 1975, and requirements under the Individuals with Disabilities Education Act.

A copy of Hawaii’s approved request for ESEA flexibility will be posted on the Department’s Web site at: Again, I congratulate you on the approval of Hawaii’s request for ESEA flexibility and thank you for the work that you and your staff have done. I look forward to continuing to support you as you implement Hawaii’s ESEA flexibility request and work to improve the quality of instruction and academic achievement for all students.



Arne Duncan

cc: Governor Neil Abercrombie
Stephen Schatz, Assistant Superintendent for Strategic Reform


Secretary's Approval Letter for Hawaii ESEA Flexibility