As the deadline set forth by No Child Left Behind approaches, it is clear that the goal of proficiency in English language arts and mathematics for all students by 2014 will not be met. As a result, the U.S. Department of Education has offered states the option of applying for flexibility on parts of the law. This policy brief outlines those options and their criteria, how some states are meeting the criteria, and recommendations for states that wish to apply. The flexibility package allows qualifying states to waive 10 of the requirements, including: the 2014 deadline; the procedures for identifying and working with schools and districts in need of improvement; the requirements for highly qualified teacher (HQT) targets; and certain requirements for how states spend federal funds. In turn, State Education Agencies (SEAs) must meet four criteria: (1) Demonstrate they have adopted college-and career-ready expectations for all students; (2) Develop and implement a system of differentiated recognition, accountability, and support; (3) Commit to developing, adopting, piloting, and implementing educator evaluation systems and support; and (4) Remove duplicative and burdensome reporting requirements that have little or no impact on student outcomes. This brief discusses the Department of Education's criteria, highlights state responses to those criteria, and provides recommendations.