SAN JOSE, Calif. (AP) — California has lost a bid to avoid requirements of the No Child Left Behind law.

The San Jose Mercury News says the state was notified last Friday that its request for a waiver had been denied. The state has resisted a requirement that it evaluate teachers based, in part, on how well their students score on standardized tests.

The federal education act requires yearly improvements in test scores and punishes districts that fail to achieve the goals.

State education officials say the goal is unrealistic and the law’s provisions are burdensome.

Thirty-three states and the District of Columbia have won waivers and 10 more states have waiver applications pending.