The Spring, 2008 edition of School Law News discussed the U.S. Department of Education’s pilot program for states to propose innovative ways to implement the No Child Left Behind Act. Since then, the Pennsylvania Department of Education submitted a proposal for a differentiated accountability format which would apply variable outcomes to school districts by reference to how many and which AYP targets were not achieved. PDE was notified that its proposal was rejected by the Department. It is unclear at the present whether another application will be submitted, or whether Pennsylvania will participate in the pilot program at all. We will update this matter in a future edition of the School Law News if further information is forthcoming.