States gained newfound freedom in their education policies when President Obama signed the Every Student Succeeds Act into law earlier this month, ending 14 years of No Child Left Behind education policy.

But rather than operating under No Child Left Behind, 42 states had been operating under different education rules: policies dictated by Secretary of Education Arne Duncan under conditional waivers from No Child Left Behind’s federal penalties. The law was replaced eight years late, making it increasingly unworkable for states to comply with its rules. The new law makes waivers unnecessary, and gives states freedom over how to handle failing schools.