Secretary’s Letter for Nevada for Lifting of Condition/Extension under the ESEA Flexibility

Date: August 13, 2013

The Honorable Rorie Fitzpatrick
Interim Superintendent of Public Instruction
Nevada Department of Education
700 East 5th Street
Carson City, NV 89701

Dear Interim Superintendent Fitzpatrick:

I am writing in response to Nevada’s request to extend approval of ESEA flexibility through the end of the 2013−2014 school year. Currently, Nevada’s request is approved through the 2012−2013 school year, subject to the condition that Nevada finalize the Nevada School Performance Framework and establish business rules to ensure that schools perform well on all indicators to score well overall. On July 3, 2013, Nevada provided a revised version of its request reflecting this work.

Based on this evidence, I am pleased to remove the condition from Nevada’s ESEA flexibility request and extend approval of Nevada’s request through the 2013-2014 school year. Nevada, like other States with approved requests, may request an additional extension of these waivers at that time.

Nevada 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.

I am confident that Nevada will continue to implement the reforms it proposed under its approved ESEA flexibility request and advance its efforts to hold schools and school districts accountable for the achievement of all students. If you have any questions regarding the implementation of your ESEA flexibility request, please do not hesitate to contact Leslie Clithero of my staff at:



Deborah S. Delisle
Assistant Secretary

cc: Diane Mugford, Nevada Department of Education

Secretary's Letter for Nevada for Lifting of Condition/Extension under the ESEA Flexibility