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At least 11 states have bid for NCLB waivers and their fate hangs in balance predominantly due to the teacher quality proposals. Their applications will ultimately be interpreted by Arne Duncan, our education secretary.

Teacher quality is one of the top criteria for the education department and this policy area must be addressed by states who wish to apply for the waiver. District and states must develop new teacher evaluation systems by the end of 2013-14.

It is difficult to find out what will be in favor of peer reviewers considering that most of the criteria put forth by the education department are vague. The question that has to be answered by reviewers now is the extent of likelihood of states that will see their plans coming into effect within the waiver period. There is also the question of whether these states should be offered flexibility.

Each district and state is at a different stage of developing new systems of evaluation. For example, in Kentucky, all details of the system are undecided while Tennessee already has an operational evaluation system.

As compared to the Race to the Top competition, stakes here are different. Here, the Education Department has made it clear that all states must apply for flexibility and earn it too. Waivers offered for the first three years in the teacher quality area are based on two principles, according to Arne Duncan.

By the time the initial three year period is completed, teacher evaluation guidelines must first be accepted by states followed by school districts. Details must then be fleshed out after which they must be bargained with unions wherever applicable.

In the NCLB, consequences for states that do not ensure that all teachers are highly qualified are minimal. Under this program, flexibility is all or nothing. In order to gain leeway from school accountability features that are stringent, states must accept evaluation systems that are more rigorous.

Regulations have been adopted and laws have been passed by five states who have agreed for evaluations in keeping with the requirements of the federal Education Department. These states that are in the first application round include Florida, Colorado, Massachusetts, Indiana and Tennessee. The other states have promised to enforce these guidelines at the end of 2011-12 academic years.

To implement teacher evaluation system state-wide, states like Georgia need a regulation or law to be passed. In Georgia, presently, only about 26 districts out of the total 180 adopt a model based on funding offered by Race to the Top program.

New Mexico is under a tiered licensing system presently. In order to replace this with annual evaluations, a law is necessary. In order to update teacher evaluation strictures presently in effect based on new regulation principles, states like New Jersey and Kentucky have set up committees and work groups.

There is a strong disagreement among the union members regarding the amount of importance given to standardized test scores in the process of evaluation. Observers say that peer reviewer guidance from the Education Department could have given instructions and details with better clarity.