Notice of Waivers Granted Under Section 9401 of the Elementary and Secondary Education Act of 1965, as Amended, 56834-56856 [2010-22986]

Agencies

• DEPARTMENT OF EDUCATION

[Federal Register Volume 75, Number 179 (Thursday, September 16, 2010)]
[Notices]
[Pages 56834-56856]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-22986]



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Part IV





Department of Education





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Notice of Waivers Granted Under Section 9401 of the Elementary and 
Secondary Education Act of 1965, as Amended; Notice

Federal Register / Vol. 75, No. 179 / Thursday, September 16, 2010 / 
Notices

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DEPARTMENT OF EDUCATION


Notice of Waivers Granted Under Section 9401 of the Elementary 
and Secondary Education Act of 1965, as Amended

SUMMARY: In this notice, we announce the waivers that the U.S. 
Department of Education (Department) granted during calendar year 2009 
under the waiver authority in section 9401 of the Elementary and 
Secondary Education Act of 1965, as amended (ESEA). We also announce 
waivers that the Department granted under the waiver authority in 
section 9401 for Title I, Part A programs for funding provided through 
the American Recovery and Reinvestment Act of 2009 (ARRA).

SUPPLEMENTARY INFORMATION: In 2009, the Department granted a total of 
351 waivers under the waiver authority in section 9401 of the ESEA. The 
waivers granted were as follows: (1) Two waivers extending the period 
in which funds are available for obligation for various programs due to 
Hurricanes Katrina and Rita, twenty-seven waivers extending the period 
in which funds are available for obligation for the Reading First 
program, and three waivers extending the period in which funds are 
available for obligation for School Improvement activities; (2) four 
waivers allowing implementation of the ``growth model pilot;'' (3) 
three waivers allowing implementation of the ``differentiated 
accountability model pilot;'' (4) one waiver allowing a substitute 
assessment; (5) four waivers allowing delayed release of assessment 
results; (6) two waivers of the adequate yearly progress (AYP) 
determinations; (7) two Title I, Part A within-district allocation 
waivers; (8) one waiver of the Title I carryover limitation; (9) 
nineteen waivers to local educational agencies (LEAs) identified for 
improvement to exclude their Title I, Part A allocation when 
calculating their obligation to spend 10 percent of their Title I funds 
for professional development; (10) one waiver of the ESEA 
transferability rules; (11) four waivers allowing recipients of funds 
under the Indian Education program to charge additional administrative 
costs to the program; (12) twenty-three waivers of the requirement to 
provide 14-day notice of public school choice; (13) twenty-eight 
waivers allowing State educational agencies (SEAs) to approve schools 
or LEAs in need of improvement to become supplemental educational 
services (SES) providers; (14) twenty-five new waivers and six 
continuations of existing waivers allowing LEAs to provide SES to 
eligible students attending schools that receive funding under Title I, 
Part A of the ESEA (Title I schools) and are in the first year of 
school improvement and to count the costs of both toward meeting the 
LEA's ``20 percent obligation''; and (15) one hundred and ninety-six 
waivers allowing LEAs and/or schools to exclude their Title I, Part A 
allocation received under ARRA when calculating their obligation to 
spend their funds for public school choice and professional development 
and when calculating the per-pupil amount for SES, and to waive the 
carryover limitation more than once every three years.
    Waiver Data:

I. Extensions of the Obligation Period

A. Waivers Related to Hurricanes Katrina and Rita

1. Waiver Applicant: Louisiana Department of Education
     Provision waived: Tydings Amendment, section 421(b) of the 
General Education Provisions Act (GEPA).
     Date waiver granted: October 19, 2009.
     Description of waiver: Extended until December 31, 2009 
the period of availability for fiscal year 2007 funds for various 
programs authorized under the ESEA, specifically Title I, Part A, 
Improving Basic Programs Operated by Local Educational Agencies; Title 
I, Part A, School Improvement under Section 1003(a); Title I, Part A, 
School Improvement Grants under Section 1003(g); Title I, Part B, 
Subpart 1, Reading First; Title I, Part D, Neglected and Delinquent 
State Agency and Local Educational Agency Program; Title II Part A, 
Improving Teacher Quality State Grants; Title II Part B, Sections 2201-
2203, Mathematics and Science Partnerships; Title II, Part D, Enhancing 
Education Through Technology State Grants; Title III, English Language 
Acquisition State Grants; and Title IV, Safe and Drug-Free Schools and 
Communities.
2. Waiver Applicant: Louisiana Department of Education
     Provision waived: Tydings Amendment, section 421(b) of the 
General Education Provisions Act (GEPA).
     Date waiver granted: October 19, 2009.
     Description of waiver: Extended until September 30, 2010 
the period of availability for fiscal year 2007 funds for the 21st 
Century Community Learning Centers grant authorized under the ESEA.

B. Waivers for the Reading First Program

1. Waiver Applicant: Alabama Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: June 22, 2009.
     Description of waiver: Extended until September 30, 2010 
the period of availability for fiscal year 2007 Reading First funds.
2. Waiver Applicant: Alaska Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: August 12, 2009.
     Description of waiver: Extended until September 30, 2010 
the period of availability for fiscal year 2007 Reading First funds.
3. Waiver Applicant: Arizona Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: July 30, 2009.
     Description of waiver: Extended until September 30, 2010 
the period of availability for fiscal year 2007 Reading First funds.
4. Waiver Applicant: Arkansas Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: June 17, 2009.
     Description of waiver: Extended until September 30, 2010 
the period of availability for fiscal year 2007 Reading First funds.
5. Waiver Applicant: Colorado Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: July 30, 2009.
     Description of waiver: Extended until September 30, 2010 
the period of availability for fiscal year 2007 Reading First funds.
6. Waiver Applicant: Georgia Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: June 10, 2009.
     Description of waiver: Extended until September 30, 2010 
the period of availability for fiscal year 2007 Reading First funds.
7. Waiver Applicant: Illinois State Board of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: June 17, 2009.

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     Description of waiver: Extended until September 30, 2010 
the period of availability for fiscal year 2007 Reading First funds.
8. Waiver Applicant: Indiana Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: September 1, 2009.
     Description of waiver: Extended until September 30, 2010 
the period of availability for fiscal year 2007 Reading First funds.
9. Waiver Applicant: Kentucky Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: July 27, 2009.
     Description of waiver: Extended until September 30, 2010 
the period of availability for fiscal year 2007 Reading First funds.
10. Waiver Applicant: Maine Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: June 30, 2009.
     Description of waiver: Extended until September 30, 2010 
the period of availability for fiscal year 2007 Reading First funds.
11. Waiver Applicant: Massachusetts Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: May 27, 2009.
     Description of waiver: Extended until September 30, 2010 
the period of availability for fiscal year 2007 Reading First funds.
12. Waiver Applicant: Mississippi Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: June 26, 2009.
     Description of waiver: Extended until September 30, 2010 
the period of availability for fiscal year 2007 Reading First funds.
13. Waiver Applicant: New Jersey Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: June 30, 2009.
     Description of waiver: Extended until September 30, 2010 
the period of availability for fiscal year 2007 Reading First funds.
14. Waiver Applicant: New Mexico Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: August 12, 2009.
     Description of waiver: Extended until September 30, 2010 
the period of availability for fiscal year 2007 Reading First funds.
15. Waiver Applicant: North Carolina Department of Public Instruction
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: August 13, 2009.
     Description of waiver: Extended until September 30, 2010 
the period of availability for fiscal year 2007 Reading First funds.
16. Waiver Applicant: North Dakota Department of Public Instruction
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: July 30, 2009.
     Description of waiver: Extended until September 30, 2010 
the period of availability for fiscal year 2007 Reading First funds.
17. Waiver Applicant: Ohio Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: October 2, 2009.
     Description of waiver: Extended until September 30, 2010 
the period of availability for fiscal year 2007 Reading First funds.
18. Waiver Applicant: Oregon Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: August 12, 2009.
     Description of waiver: Extended until September 30, 2010 
the period of availability for fiscal year 2007 Reading First funds.
19. Waiver Applicant: Pennsylvania Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: August 12, 2009.
     Description of waiver: Extended until September 30, 2010 
the period of availability for fiscal year 2007 Reading First funds.
20. Waiver Applicant: Rhode Island Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: August 12, 2009.
     Description of waiver: Extended until September 30, 2010 
the period of availability for fiscal year 2007 Reading First funds.
21. Waiver Applicant: South Carolina Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: September 23, 2009.
     Description of waiver: Extended until September 30, 2010 
the period of availability for fiscal year 2007 Reading First funds.
22. Waiver Applicant: South Dakota Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: July 31, 2009.
     Description of waiver: Extended until September 30, 2010 
the period of availability for fiscal year 2007 Reading First funds.
23. Waiver Applicant: Texas Education Agency
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: August 13, 2009.
     Description of waiver: Extended until September 30, 2010 
the period of availability for fiscal year 2007 Reading First funds.
24. Waiver Applicant: Vermont Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: June 10, 2009.
     Description of waiver: Extended until September 30, 2010 
the period of availability for fiscal year 2007 Reading First funds.
25. Waiver Applicant: Washington Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: August 12, 2009.
     Description of waiver: Extended until September 30, 2010 
the period of availability for fiscal year 2007 Reading First funds.
26. Waiver Applicant: West Virginia Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: June 22, 2009.
     Description of waiver: Extended until September 30, 2010 
the period of availability for fiscal year 2007 Reading First funds.
27. Waiver Applicant: Wyoming Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.

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     Date waiver granted: July 31, 2009.
     Description of waiver: Extended until September 30, 2010 
the period of availability for fiscal year 2007 Reading First funds.

C. Waivers for the School Improvement Program

1. Waiver Applicant: California Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: May 4, 2009.
     Description of waiver: Extended until March 31, 2010 the 
period of availability for fiscal year 2006 Title I, Part A funds 
reserved for school improvement activities under section 1003(a) of the 
ESEA.
2. Waiver Applicant: California Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: October 30, 2009.
     Description of waiver: Extended until September 30, 2010 
the period of availability for fiscal year 2007 Title I, Part A funds 
reserved for school improvement activities under section 1003(g) of the 
ESEA.
3. Waiver Applicant: New York Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: September 30, 2009.
     Description of waiver: Extended until March 31, 2010 the 
period of availability for fiscal year 2007 Title I, Part A funds 
reserved for school improvement activities under section 1003(g) of the 
ESEA.

II. ``Growth Model Pilots''

1. Waiver Applicant: Colorado Department of Education
     Provision waived: Section 1111(b)(2) of the ESEA.
     Date waiver granted: January 8, 2009.
     Description of waiver: Provided Colorado the flexibility 
to implement a growth-based accountability model as part of determining 
adequate yearly progress (AYP) for the 2009-2010 school year, based on 
assessments administered in the 2008-2009 school year.
2. Waiver Applicant: Minnesota Department of Education
     Provision waived: Section 1111(b)(2) of the ESEA.
     Date waiver granted: January 8, 2009.
     Description of waiver: Provided Minnesota the flexibility 
to implement a growth-based accountability model as part of determining 
AYP beginning in the 2009-2010 school year through the 2012-2013 school 
year based on assessments administered in the 2008-2009 school year 
through the 2011-2012 school year.
3. Waiver Applicant: Pennsylvania Department of Education
     Provision waived: Section 1111(b)(2) of the ESEA.
     Date waiver granted: January 8, 2009.
     Description of waiver: Provided Pennsylvania the 
flexibility to implement a growth-based accountability model as part of 
determining AYP beginning in the 2009-2010 school year through the 
2012-2013 school year based on assessments administered in the 2008-
2009 school year through the 2011-2012 school year.
4. Waiver Applicant: Texas Education Agency
     Provision waived: Section 1111(b)(2) of the ESEA.
     Date waiver granted: January 8, 2009.
     Description of waiver: Provided Texas the flexibility to 
implement a growth-based accountability model as part of determining 
AYP beginning in the 2009-2010 school year through the 2012-2013 school 
year based on assessments administered in the 2008-2009 school year 
through the 2011-2012 school year.

III. ``Differentiated Accountability Model Pilots''

1. Waiver Applicant: Arkansas Department of Education
     Provision waived: Section 1116 of the ESEA.
     Date waiver granted: January 8, 2009.
     Description of waiver: Provided Arkansas the flexibility 
to include its differentiated accountability model as a part of its 
system of school improvement interventions beginning in the 2009-2010 
school year through the 2012-2013 school year.
2. Waiver Applicant: Louisiana Department of Education
     Provision waived: Section 1116 of the ESEA.
     Date waiver granted: January 8, 2009.
     Description of waiver: Provided Louisiana the flexibility 
to include its differentiated accountability model as a part of its 
system of school improvement interventions beginning in the 2009-2010 
school year through the 2012-2013 school year.
3. Waiver Applicant: New York Department of Education
     Provision waived: Section 1116 of the ESEA.
     Date waiver granted: January 8, 2009.
     Description of waiver: Provided New York the flexibility 
to include its differentiated accountability model as a part of its 
system of school improvement interventions beginning in the 2009-2010 
school year through the 2012-2013 school year.

IV. Substitute Assessments

1. Waiver Applicant: Maryland Department of Education
     Provisions waived: Section 1111(b)(3)(C)(i) of the ESEA 
and 34 CFR 200.3(a)(1)(i).
     Date waiver granted: January 15, 2009.
     Description of waiver: Permits Maryland to use Advanced 
Placement or the International Baccalaureate Biology assessments, from 
the 2008-2009 school year through the 2011-2012 school year, in place 
of the high school science end-of-course assessment even though the 
same assessment will not be used by all students and some students may 
take an assessment that does not cover the full breadth and depth of 
the State's academic content standards.

V. Delayed Release of Assessment Results and/or Public School Choice 
Notice

1. Waiver Applicant: California Department of Education
     Provision waived: Sections 1116(a)(2) and 1116(b)(1)(E)(i) 
of the ESEA.
     Date waiver granted: November 6, 2009.
     Description of waiver: Allows California to postpone the 
release of results of the State academic assessment administered in the 
2008-2009 school year because new assessments had been implemented in 
that year, and to postpone notice of public school choice for the start 
of the 2009-2010 school year until assessment results are available.
2. Waiver Applicant: Kentucky Department of Education
     Provision waived: Section 1116(b)(1)(E)(i) of the ESEA.
     Date waiver granted: September 4, 2009.
     Description of waiver: Allows Kentucky to postpone notice 
of public

[[Page 56837]]

school choice for the 2009-2010 school year until assessment results 
are available. Due to severe weather Kentucky experienced during the 
2008-2009 school year, Kentucky delayed administering its statewide 
assessments.
3. Waiver Applicant: Puerto Rico Department of Education
     Provision waived: Section 1116(b)(1)(E)(i) of the ESEA.
     Date waiver granted: December 11, 2009.
     Description of waiver: Allows Puerto Rico to postpone the 
release of results of the State academic assessment administered in the 
2008-2009 school year because new assessments had been implemented in 
that year, and to postpone notice of public school choice for the start 
of the 2009-2010 school year until assessment results are available.
4. Waiver Applicant: South Carolina Department of Education
     Provisions waived: Sections 1116(a)(2) and 
1116(b)(1)(E)(i) of the ESEA.
     Date waiver granted: September 9, 2009.
     Description of waiver: Allows South Carolina to postpone 
the release of results of the State academic assessment administered in 
the 2008-2009 school year because new assessments had been implemented 
in that year, and to postpone notice of public school choice for the 
start of the 2009-2010 school year until assessment results are 
available.

VI. AYP Determinations

1. Waiver Applicant: Kentucky Department of Education
     Provisions waived: Sections 1111(b)(3)(A), 
1111(b)(3)(C)(vii), and 1116(a)(1)(A) of the ESEA.
     Date waiver granted: September 4, 2009.
     Description of waiver: Allows Belfry Middle School to 
exclude assessments administered in the 2008-2009 school year when 
making AYP determinations because flooding that occurred during testing 
on May 8, 2009, damaged test materials.
2. Waiver Applicant: West Virginia Department of Education
     Provisions waived: Sections 1111(b)(3)(A), 
1111(b)(3)(C)(vii), and 1116(a)(1)(A) of the ESEA.
     Date waiver granted: May 22, 2009.
     Description of waiver: Allows some schools in Mingo County 
to exclude assessments administered in the 2008-2009 school year when 
making AYP determinations because flooding occurred during the testing 
period, which made schools inoperable and unable to administer the 
State assessments.

VII. Title I Within-District Allocation Waiver

1. Waiver Applicant: McHenry Community High School District 156, IL
     Provisions waived: Sections 1113(a)(2) and 1113(c)(2)(A) 
of the ESEA.
     Date waiver granted: October 15, 2009.
     Description of waiver: Enables the District to allocate 
Title I funds to its second high school, which is just below the 
district-wide poverty rate and, therefore, not eligible for Title I 
funds, and would further enable the District to allocate an amount per 
poor child to both its high schools that is less than 125 percent of 
the per-pupil amount for the District as a whole.
2. Waiver Applicant: Milwaukee Public Schools, WI
     Provisions waived: Sections 1113(a)(2) and 1113(c)(2)(A) 
of the ESEA.
     Date waiver granted: November 6, 2009.
     Description of waiver: Enables Milwaukee Public Schools to 
allocate Title I funds to five schools that are below the district-wide 
poverty rate of 35 percent and, therefore, not eligible for Title I 
funds, and would further enable Milwaukee to allocate an amount per 
poor child to all its Title I schools that is less than 125 percent of 
the per-pupil amount for Milwaukee as a whole.

VIII. Allowing an LEA To Carry Over Title I Funds From One Fiscal Year 
to the Next

1. Waiver Applicant: Michigan Department of Education
     Provision waived: Section 1127(b) of the ESEA.
     Date waiver granted: June 17, 2009.
     Description of waiver: Allows Michigan to grant a 
carryover exemption more frequently than once every three years to 
Detroit Public Schools, specifically for FY 2007 Title I funds 
allocated to the LEA for school year 2007-2008 and for FY 2008 Title I 
funds allocated to the LEA for school year 2008-2009.

IX. Allowing LEAs Identified for Improvement To Exclude Their Title I 
Allocation When Calculating an LEA's Obligation To Spend 10 Percent of 
the Funds for Professional Development

    1. On July 6, 2009, the Department granted the following LEAs in 
Massachusetts waivers of sections 1116(b)(3)(A)(iii) and 
1116(c)(7)(A)(iii) of the ESEA. These sections preclude the 19 
districts from using funds other than Title I, Part A funds for the 
2008-2009 school year to meet the 10 percent professional development 
spending requirement. These waivers exempt an LEA identified for 
improvement, or an LEA for a school identified for improvement in the 
LEA from reserving 10 percent of its Title I allocation for 
professional development.
    For schools identified for improvement:

 Adams Cheshire (for Plunkett Elementary School)
 Amherst-Pelham Regional (for Crocker Farm Elementary School in 
Amherst)
 Atlantis Charter School (single-school district)
 Attleborough (for Studley Elementary School)
 Greater New Bedford Voc-Tech (single-school district)
 Hawlemont (for Hawlemont Regional High School)
 Lowell (for Moody Elementary and McAuliffe Elementary Schools)
 Marblehead (for the Village School)
 Mohawk Trail Regional (for Buckland-Shelburne Elementary 
School)
 Monson (for Quarry Hill Community School)
 Norton (for Henry Yelle Elementary School)
 Orange (for Butterfield Elementary and Dexter Park 
Intermediate Schools)
 Randolph (for Lyons Elementary School)
 Triton Regional (for Salisbury Elementary School)
 Tyngsborough (for Tyngsborough Elementary School)
 Waltham (for Whittemore Elementary and Plympton Elementary 
Schools)

    For LEAs identified for improvement:

     Agawam
     Ashburhan-Westminster Regional
     Plymouth

X. Transferability Waiver

1. Waiver Applicant: New York State Department of Education
     Provision waived: Section 6123(a) of the ESEA.
     Date waiver granted: November 23, 2009.
     Description of waiver: Permits the State to transfer 
certain Title IV, Part B funds for State-level activities to its Title 
I, Part A Administrative Reserve funds.

[[Page 56838]]

XI. Waivers of the Administrative Cost Limitation That Applies to 
Indian Education Funds

    On June 17, 2009, the Department granted the following LEAs waivers 
of section 7115(d) of the ESEA, which establishes a five percent 
administrative cost limitation on funds awarded under the Indian 
Education formula grant program:

 Whiteriver Unified School District, AZ
 Ventura Unified School District, CA
 Muskogee Public Schools, OK
 Tulsa Public Schools, OK

XII. Notification of Public School Choice

1. Waiver Applicant: Alabama Department of Education
     Provision waived: 34 CFR 200.37(b)(4)(iv).
     Date waiver granted: August 14, 2009.
     Description of waiver: Permitted Alabama's LEAs to 
postpone notice of public school choice options beyond 14 days before 
the start of the school year to parents of eligible children attending 
schools that are newly identified for improvement for the 2009-2010 
school year or that made AYP in the previous year but did not exit 
improvement status.
2. Waiver Applicant: Arizona Department of Education
     Provision waived: 34 CFR 200.37(b)(4)(iv).
     Date waiver granted: August 24, 2009.
     Description of waiver: Permitted Arizona's LEAs to 
postpone notice of public school choice options beyond 14 days before 
the start of the school year to parents of eligible children attending 
schools that are newly identified for improvement for the 2009-2010 
school year or that made AYP in the previous year but did not exit 
improvement status.
3. Waiver Applicant: California Department of Education
     Provision waived: 34 CFR 200.37(b)(4)(iv).
     Date waiver granted: November 6, 2009.
     Description of waiver: Permitted California's LEAs to 
postpone notice of public school choice options beyond 14 days before 
the start of the school year to parents of eligible children attending 
schools that are newly identified for improvement for the 2009-2010 
school year or that made AYP in the previous year but did not exit 
improvement status.
4. Waiver Applicant: Colorado Department of Education
     Provision waived: 34 CFR 200.37(b)(4)(iv).
     Date waiver granted: August 11, 2009.
     Description of waiver: Permitted Colorado's LEAs to 
postpone notice of public school choice options beyond 14 days before 
the start of the school year to parents of eligible children attending 
schools that are newly identified for improvement for the 2009-2010 
school year or that made AYP in the previous year but did not exit 
improvement status.
5. Waiver Applicant: Idaho Department of Education
     Provision waived: 34 CFR 200.37(b)(4)(iv).
     Date waiver granted: October 15, 2009.
     Description of waiver: Permitted Idaho's LEAs to postpone 
notice of public school choice options beyond 14 days before the start 
of the school year to parents of eligible children attending schools 
that are newly identified for improvement for the 2009-2010 school year 
or that made AYP in the previous year but did not exit improvement 
status.
6. Waiver Applicant: Illinois State Board of Education
     Provision waived: 34 CFR 200.37(b)(4)(iv).
     Date waiver granted: September 16, 2009.
     Description of waiver: Permitted Illinois' LEAs to 
postpone notice of public school choice options beyond 14 days before 
the start of the school year to parents of eligible children attending 
schools that are newly identified for improvement for the 2009-2010 
school year or that made AYP in the previous year but did not exit 
improvement status.
7. Waiver Applicant: Kentucky Department of Education
     Provision waived: 34 CFR 200.37(b)(4)(iv).
     Date waiver granted: September 4, 2009.
     Description of waiver: Permitted Kentucky's LEAs to 
postpone notice of public school choice options beyond 14 days before 
the start of the school year to parents of eligible children attending 
schools that are newly identified for improvement for the 2009-2010 
school year or that made AYP in the previous year but did not exit 
improvement status.
8. Waiver Applicant: Louisiana Department of Education
     Provision waived: 34 CFR 200.37(b)(4)(iv).
     Date waiver granted: August 27, 2009.
     Description of waiver: Permitted Louisiana's LEAs to 
postpone notice of public school choice options beyond 14 days before 
the start of the school year to parents of eligible children attending 
schools that are newly identified for improvement for the 2009-2010 
school year or that made AYP in the previous year but did not exit 
improvement status.
9. Waiver Applicant: Maine Department of Education
     Provision waived: 34 CFR 200.37(b)(4)(iv).
     Date waiver granted: September 23, 2009.
     Description of waiver: Permitted Maine's LEAs to postpone 
notice of public school choice options beyond 14 days before the start 
of the school year to parents of eligible children attending schools 
that are newly identified for improvement for the 2009-2010 school year 
or that made AYP in the previous year but did not exit improvement 
status.
10. Waiver Applicant: Massachusetts Department of Education
     Provision waived: 34 CFR 200.37(b)(4)(iv).
     Date waiver granted: August 24, 2009.
     Description of waiver: Permitted Massachusetts' LEAs to 
postpone notice of public school choice options beyond 14 days before 
the start of the school year to parents of eligible children attending 
schools that are newly identified for improvement for the 2009-2010 
school year or that made AYP in the previous year but did not exit 
improvement status.
11. Waiver Applicant: Missouri Department of Education
     Provision waived: 34 CFR 200.37(b)(4)(iv).
     Date waiver granted: August 7, 2009.
     Description of waiver: Permitted Missouri's LEAs to 
postpone notice of public school choice options beyond 14 days before 
the start of the school year to parents of eligible children attending 
schools that are newly identified for improvement for the 2009-2010 
school year or that made AYP in the previous year but did not exit 
improvement status.

[[Page 56839]]

12. Waiver Applicant: New Jersey Department of Education
     Provision waived: 34 CFR 200.37(b)(4)(iv).
     Date waiver granted: October 2, 2009.
     Description of waiver: Permitted New Jersey's LEAs to 
postpone notice of public school choice options beyond 14 days before 
the start of the school year to parents of eligible children attending 
schools that are newly identified for improvement for the 2009-2010 
school year or that made AYP in the previous year but did not exit 
improvement status.
13. Waiver Applicant: New Mexico Department of Education
     Provision waived: 34 CFR 200.37(b)(4)(iv).
     Date waiver granted: August 31, 2009.
     Description of waiver: Permitted New Mexico's LEAs to 
postpone notice of public school choice options beyond 14 days before 
the start of the school year to parents of eligible children attending 
schools that are newly identified for improvement for the 2009-2010 
school year or that made AYP in the previous year but did not exit 
improvement status.
14. Waiver Applicant: Oklahoma Department of Education
     Provision waived: 34 CFR 200.37(b)(4)(iv).
     Date waiver granted: October 15, 2009.
     Description of waiver: Permitted Oklahoma's LEAs to 
postpone notice of public school choice options beyond 14 days before 
the start of the school year to parents of eligible children attending 
schools that are newly identified for improvement for the 2009-2010 
school year or that made AYP in the previous year but did not exit 
improvement status.
15. Waiver Applicant: Pennsylvania Department of Education
     Provision waived: 34 CFR 200.37(b)(4)(iv).
     Date waiver granted: August 27, 2009.
     Description of waiver: Permitted Pennsylvania's LEAs to 
postpone notice of public school choice options beyond 14 days before 
the start of the school year to parents of eligible children attending 
schools that are newly identified for improvement for the 2009-2010 
school year or that made AYP in the previous year but did not exit 
improvement status.
16. Waiver Applicant: Puerto Rico Department of Education
     Provision waived: 34 CFR 200.37(b)(4)(iv).
     Date waiver granted: December 11, 2009.
     Description of waiver: Permitted Puerto Rico to postpone 
notice of public school choice options for some schools beyond 14 days 
before the start of the school year to parents of eligible children 
attending schools that are newly identified for improvement for the 
2009-2010 school year or that made AYP in the previous year but did not 
exit improvement status.
17. Waiver Applicant: South Carolina Department of Education
     Provision waived: 34 CFR 200.37(b)(4)(iv).
     Date waiver granted: September 9, 2009.
     Description of waiver: Permitted South Carolina's LEAs to 
postpone notice of public school choice options beyond 14 days before 
the start of the school year to parents of eligible children attending 
schools that are newly identified for improvement for the 2009-2010 
school year or that made AYP in the previous year but did not exit 
improvement status.
18. Waiver Applicant: Tennessee Department of Education
     Provision waived: 34 CFR 200.37(b)(4)(iv).
     Date waiver granted: August 27, 2009.
     Description of waiver: Permitted Tennessee's LEAs to 
postpone notice of public school choice options beyond 14 days before 
the start of the school year to parents of eligible children attending 
schools that are newly identified for improvement for the 2009-2010 
school year or that made AYP in the previous year but did not exit 
improvement status.
19. Waiver Applicant: Utah State Office of Education
     Provision waived: 34 CFR 200.37(b)(4)(iv).
     Date waiver granted: October 15, 2009.
     Description of waiver: Permitted Utah's LEAs to postpone 
notice of public school choice options beyond 14 days before the start 
of the school year to parents of eligible children attending schools 
that are newly identified for improvement for the 2009-2010 school year 
or that made AYP in the previous year but did not exit improvement 
status.
20. Waiver Applicant: Virginia Department of Education
     Provision waived: 34 CFR 200.37(b)(4)(iv).
     Date waiver granted: September 4, 2009.
     Description of waiver: Permitted Virginia's LEAs to 
postpone notice of public school choice options beyond 14 days before 
the start of the school year to parents of eligible children attending 
schools that are newly identified for improvement for the 2009-2010 
school year or that made AYP in the previous year but did not exit 
improvement status.
21. Waiver Applicant: Washington Department of Education
     Provision waived: 34 CFR 200.37(b)(4)(iv).
     Date waiver granted: August 13, 2009.
     Description of waiver: Permitted Washington's LEAs to 
postpone notice of public school choice options beyond 14 days before 
the start of the school year to parents of eligible children attending 
schools that are newly identified for improvement for the 2009-2010 
school year or that made AYP in the previous year but did not exit 
improvement status.
22. Waiver Applicant: West Virginia Department of Education
     Provision waived: 34 CFR 200.37(b)(4)(iv).
     Date waiver granted: September 23, 2009.
     Description of waiver: Permitted West Virginia's LEAs to 
postpone notice of public school choice options beyond 14 days before 
the start of the school year to parents of eligible children attending 
schools that are newly identified for improvement for the 2009-2010 
school year or that made AYP in the previous year but did not exit 
improvement status.
23. Waiver Applicant: Wyoming Department of Education
     Provision waived: 34 CFR 200.37(b)(4)(iv).
     Date waiver granted: September 16, 2009.
     Description of waiver: Permitted Wyoming's LEAs to 
postpone notice of public school choice options beyond 14 days before 
the start of the school year to parents of eligible children attending 
schools that are newly identified for improvement for the 2009-2010 
school year or that made AYP in the previous year but did not exit 
improvement status.

[[Page 56840]]

XIII. Allowing SEAs To Approve Schools or LEAs in Need of Improvement 
To Become SES Providers

1. Waiver Applicant: Alaska Department of Education
     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: August 13, 2009.
     Description of waiver: Permitted Alaska to approve a 
school or LEA identified for improvement, corrective action, or 
restructuring to serve as a provider of SES during the 2009-2010 school 
year.
2. Waiver Applicant: Arizona Department of Education
     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: September 16, 2009.
     Description of waiver: Permitted Arizona to approve a 
school or LEA identified for improvement, corrective action, or 
restructuring to serve as a provider of SES during the 2009-2010 school 
year.
3. Waiver Applicant: California Department of Education
     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: October 23, 2009.
     Description of waiver: Permitted California to approve a 
school or LEA identified for improvement, corrective action, or 
restructuring to serve as a provider of SES during the 2009-2010 school 
year.
4. Waiver Applicant: Colorado Department of Education
     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: August 11, 2009.
     Description of waiver: Permitted Colorado to approve a 
school or LEA identified for improvement, corrective action, or 
restructuring to serve as a provider of SES during the 2009-2010 school 
year.
5. Waiver Applicant: Connecticut Department of Education
     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: September 11, 2009.
     Description of waiver: Permitted Connecticut to approve a 
school or LEA identified for improvement, corrective action, or 
restructuring to serve as a provider of SES during the 2009-2010 school 
year.
6. Waiver Applicant: Florida Department of Education
     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: September 23, 2009.
     Description of waiver: Permitted Florida to approve a 
school or LEA identified for improvement, corrective action, or 
restructuring to serve as a provider of SES during the 2009-2010 school 
year.
7. Waiver Applicant: Georgia Department of Education
     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: August 13, 2009.
     Description of waiver: Permitted Georgia to approve a 
school or LEA identified for improvement, corrective action, or 
restructuring to serve as a provider of SES during the 2009-2010 school 
year.
8. Waiver Applicant: Idaho Department of Education
     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: October 15, 2009.
     Description of waiver: Permitted Idaho to approve a school 
or LEA identified for improvement, corrective action, or restructuring 
to serve as a provider of SES during the 2009-2010 school year.
9. Waiver Applicant: Illinois State Board of Education
     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: September 16, 2009.
     Description of waiver: Permitted Illinois to approve a 
school or LEA identified for improvement, corrective action, or 
restructuring to serve as a provider of SES during the 2009-2010 school 
year.
10. Waiver Applicant: Indiana Department of Education
     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: September 23, 2009.
     Description of waiver: Permitted Indiana to approve a 
school or LEA identified for improvement, corrective action, or 
restructuring to serve as a provider of SES during the 2009-2010 school 
year.
11. Waiver Applicant: Kentucky Department of Education
     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: September 4, 2009.
     Description of waiver: Permitted Kentucky to approve a 
school or LEA identified for improvement, corrective action, or 
restructuring to serve as a provider of SES during the 2009-2010 school 
year.
12. Waiver Applicant: Massachusetts Department of Education
     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: August 24, 2009.
     Description of waiver: Permitted Massachusetts to approve 
a school or LEA identified for improvement, corrective action, or 
restructuring to serve as a provider of SES during the 2009-2010 school 
year.
13. Waiver Applicant: Michigan Department of Education
     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: September 23, 2009.
     Description of waiver: Permitted Michigan to approve a 
school or LEA identified for improvement, corrective action, or 
restructuring to serve as a provider of SES during the 2009-2010 school 
year.
14. Waiver Applicant: Missouri Department of Education
     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: August 7, 2009.
     Description of waiver: Permitted Missouri to approve a 
school or LEA identified for improvement to serve as a provider of SES 
during the 2009-2010 school year.
15. Waiver Applicant: North Carolina Department of Public Instruction
     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: September 4, 2009.
     Description of waiver: Permitted North Carolina to approve 
a school or LEA identified for improvement, corrective action, or 
restructuring to serve as a provider of SES during the 2009-2010 school 
year.
16. Waiver Applicant: Nebraska Department of Education
     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: August 26, 2009.
     Description of waiver: Permitted Nebraska to approve a 
school or LEA identified for improvement, corrective

[[Page 56841]]

action, or restructuring to serve as a provider of SES during the 2009-
2010 school year.
17. Waiver Applicant: New Mexico Department of Education
     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: August 31, 2009.
     Description of waiver: Permitted New Mexico to approve a 
school or LEA identified for improvement, corrective action, or 
restructuring to serve as a provider of SES during the 2009-2010 school 
year.
18. Waiver Applicant: Ohio Department of Education
     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: August 14, 2009.
     Description of waiver: Permitted Ohio to approve a school 
or LEA identified for improvement, corrective action, or restructuring 
to serve as a provider of SES during the 2009-2010 school year.
19. Waiver Applicant: Oklahoma Department of Education
     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: October 15, 2009.
     Description of waiver: Permitted Oklahoma to approve a 
school or LEA identified for improvement, corrective action, or 
restructuring to serve as a provider of SES during the 2009-2010 school 
year.
20. Waiver Applicant: Oregon Department of Education
     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: October 23, 2009.
     Description of waiver: Permitted Oregon to approve a 
school or LEA identified for improvement, corrective action, or 
restructuring to serve as a provider of SES during the 2009-2010 school 
year.
21. Waiver Applicant: Pennsylvania Department of Education
     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: August 27, 2009.
     Description of waiver: Permitted Pennsylvania to approve a 
school or LEA identified for improvement, corrective action, or 
restructuring to serve as a provider of SES during the 2009-2010 school 
year.
22. Waiver Applicant: Rhode Island Department of Education
     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: August 24, 2009.
     Description of waiver: Permitted Rhode Island to approve a 
school or LEA identified for improvement, corrective action, or 
restructuring to serve as a provider of SES during the 2009-2010 school 
year.
23. Waiver Applicant: South Carolina Department of Education
     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: September 9, 2009.
     Description of waiver: Permitted South Carolina to approve 
a school or LEA identified for improvement, corrective action, or 
restructuring to serve as a provider of SES during the 2009-2010 school 
year.
24. Waiver Applicant: South Dakota Department of Education
     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: August 14, 2009.
     Description of waiver: Permitted South Dakota to approve a 
school or LEA identified for improvement, corrective action, or 
restructuring to serve as a provider of SES during the 2009-2010 school 
year.
25. Waiver Applicant: Tennessee Department of Education
     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: August 27, 2009.
     Description of waiver: Permitted Tennessee to approve a 
school or LEA identified for improvement, corrective action, or 
restructuring to serve as a provider of SES during the 2009-2010 school 
year.
26. Waiver Applicant: Washington Department of Education
     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: August 13, 2009.
     Description of waiver: Permitted Washington to approve a 
school or LEA identified for improvement, corrective action, or 
restructuring to serve as a provider of SES during the 2009-2010 school 
year.
27. Waiver Applicant: Wisconsin Department of Public Instruction
     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: August 13, 2009.
     Description of waiver: Permitted Wisconsin to approve a 
school or LEA identified for improvement, corrective action, or 
restructuring to serve as a provider of SES during the 2009-2010 school 
year.
28. Waiver Applicant: Wyoming Department of Education
     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: September 16, 2009.
     Description of waiver: Permitted Wyoming to approve a 
school or LEA identified for improvement, corrective action, or 
restructuring to serve as a provider of SES during the 2009-2010 school 
year.

XIV. Allowing LEAs to Provide SES, in Addition to Public School Choice, 
to Eligible Students in Title I Schools in the First Year of School 
Improvement and Counting the Costs of Both Toward Meeting the LEA's 
``20 Percent Obligation''

New Applicants

1. Waiver Applicant: Arizona Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: September 16, 2009.
     Description of waiver: For the 2009-2010 school year, 
permitted LEAs in Arizona to offer SES, in addition to public school 
choice, to eligible students in Title I schools in the first year of 
school improvement and to count the costs of both toward meeting the 
LEA's ``20 percent obligation.''
2. Waiver Applicant: California Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: December 11, 2009.
     Description of waiver: For the 2009-2010 school year, 
permitted LEAs in California to offer SES, in addition to public school 
choice, to eligible students in Title I schools in the first year of 
school improvement and to count the costs of both toward meeting the 
LEA's ``20 percent obligation.''
3. Waiver Applicant: Connecticut Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: September 11, 2009.

[[Page 56842]]

     Description of waiver: For the 2009-2010 school year, 
permitted LEAs in Connecticut to offer SES, in addition to public 
school choice, to eligible students in Title I schools in the first 
year of school improvement and to count the costs of both toward 
meeting the LEA's ``20 percent obligation.''
4. Waiver Applicant: DC Office of the State Superintendent of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: October 15, 2009.
     Description of waiver: For the 2009-2010 school year, 
permitted the District of Columbia LEAs to offer SES, in addition to 
public school choice, to eligible students in Title I schools in the 
first year of school improvement and to count the costs of both toward 
meeting the LEA's ``20 percent obligation.''
5. Waiver Applicant: Idaho Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: October 15, 2009.
     Description of waiver: For the 2009-2010 school year, 
permitted LEAs in Idaho to offer SES, in addition to public school 
choice, to eligible students in Title I schools in the first year of 
school improvement and to count the costs of both toward meeting the 
LEA's ``20 percent obligation.''
6. Waiver Applicant: Iowa Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: August 31, 2009.
     Description of waiver: For the 2009-2010 school year, 
permitted LEAs in Iowa to offer SES, in addition to public school 
choice, to eligible students in Title I schools in the first year of 
school improvement and to count the costs of both toward meeting the 
LEA's ``20 percent obligation.''
7. Waiver Applicant: Kentucky Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: September 4, 2009.
     Description of waiver: For the 2009-2010 school year, 
permitted LEAs in Kentucky to offer SES, in addition to public school 
choice, to eligible students in Title I schools in the first year of 
school improvement and to count the costs of both toward meeting the 
LEA's ``20 percent obligation.''
8. Waiver Applicant: Maryland Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: November 2, 2009.
     Description of waiver: For the 2009-2010 school year, 
permitted LEAs in Maryland to offer SES, in addition to public school 
choice, to eligible students in Title I schools in the first year of 
school improvement and to count the costs of both toward meeting the 
LEA's ``20 percent obligation.''
9. Waiver Applicant: Massachusetts Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: August 24, 2009.
     Description of waiver: For the 2009-2010 school year, 
permitted LEAs in Massachusetts to offer SES, in addition to public 
school choice, to eligible students in Title I schools in the first 
year of school improvement and to count the costs of both toward 
meeting the LEA's ``20 percent obligation.''
10. Waiver Applicant: Michigan Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: September 23, 2009.
     Description of waiver: For the 2009-2010 school year, 
permitted LEAs in Michigan to offer SES, in addition to public school 
choice, to eligible students in Title I schools in the first year of 
school improvement and to count the costs of both toward meeting the 
LEA's ``20 percent obligation.''
11. Waiver Applicant: Missouri Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: August 7, 2009.
     Description of waiver: For the 2009-2010 school year, 
permitted LEAs in Missouri to offer SES, in addition to public school 
choice, to eligible students in Title I schools in the first year of 
school improvement and to count the costs of both toward meeting the 
LEA's ``20 percent obligation.''
12. Waiver Applicant: Nebraska Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: August 26, 2009.
     Description of waiver: For the 2009-2010 school year, 
permitted LEAs in Nebraska to offer SES, in addition to public school 
choice, to eligible students in Title I schools in the first year of 
school improvement and to count the costs of both toward meeting the 
LEA's ``20 percent obligation.''
13. Waiver Applicant: Nevada Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: October 8, 2009.
     Description of waiver: For the 2009-2010 school year, 
permitted LEAs in Nevada to offer SES, in addition to public school 
choice, to eligible students in Title I schools in the first year of 
school improvement and to count the costs of both toward meeting the 
LEA's ``20 percent obligation.''
14. Waiver Applicant: New Hampshire Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: September 23, 2009.
     Description of waiver: For the 2009-2010 school year, 
permitted LEAs in New Hampshire to offer SES, in addition to public 
school choice, to eligible students in Title I schools in the first 
year of school improvement and to count the costs of both toward 
meeting the LEA's ``20 percent obligation.''
15. Waiver Applicant: New Jersey Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: October 2, 2009.
     Description of waiver: For the 2009-2010 school year, 
permitted LEAs in New Jersey to offer SES, in addition to public school 
choice, to eligible students in Title I schools in the first year of 
school improvement and to count the costs of both toward meeting the 
LEA's ``20 percent obligation.''
16. Waiver Applicant: New Mexico Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.

[[Page 56843]]

     Date waiver granted: August 31, 2009.
     Description of waiver: For the 2009-2010 school year, 
permitted LEAs in New Mexico to offer SES, in addition to public school 
choice, to eligible students in Title I schools in the first year of 
school improvement and to count the costs of both toward meeting the 
LEA's ``20 percent obligation.''
17. Waiver Applicant: Ohio Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: August 14, 2009.
     Description of waiver: For the 2009-2010 school year, 
permitted LEAs in Ohio to offer SES, in addition to public school 
choice, to eligible students in Title I schools in the first year of 
school improvement and to count the costs of both toward meeting the 
LEA's ``20 percent obligation.''
18. Waiver Applicant: Oklahoma Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: October 15, 2009.
     Description of waiver: For the 2009-2010 school year, 
permitted LEAs in Oklahoma to offer SES, in addition to public school 
choice, to eligible students in Title I schools in the first year of 
school improvement and to count the costs of both toward meeting the 
LEA's ``20 percent obligation.''
19. Waiver Applicant: Oregon Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: October 23, 2009.
     Description of waiver: For the 2009-2010 school year, 
permitted LEAs in Oregon to offer SES, in addition to public school 
choice, to eligible students in Title I schools in the first year of 
school improvement and to count the costs of both toward meeting the 
LEA's ``20 percent obligation.''
20. Waiver Applicant: Rhode Island Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: August 24, 2009.
     Description of waiver: For the 2009-2010 school year, 
permitted LEAs in Rhode Island to offer SES, in addition to public 
school choice, to eligible students in Title I schools in the first 
year of school improvement and to count the costs of both toward 
meeting the LEA's ``20 percent obligation.''
21. Waiver Applicant: South Carolina Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: September 9, 2009.
     Description of waiver: For the 2009-2010 school year, 
permitted LEAs in South Carolina to offer SES, in addition to public 
school choice, to eligible students in Title I schools in the first 
year of school improvement and to count the costs of both toward 
meeting the LEA's ``20 percent obligation.''
22. Waiver Applicant: Washington Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: August 31, 2009.
     Description of waiver: For the 2009-2010 school year, 
permitted LEAs in Washington to offer SES, in addition to public school 
choice, to eligible students in Title I schools in the first year of 
school improvement and to count the costs of both toward meeting the 
LEA's ``20 percent obligation.''
23. Waiver Applicant: West Virginia Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: August 24, 2009.
     Description of waiver: For the 2009-2010 school year, 
permitted LEAs in West Virginia to offer SES, in addition to public 
school choice, to eligible students in Title I schools in the first 
year of school improvement and to count the costs of both toward 
meeting the LEA's ``20 percent obligation.''
24. Waiver Applicant: Wisconsin Department of Public Instruction
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: August 13, 2009.
     Description of waiver: For the 2009-2010 school year, 
permitted LEAs in Wisconsin to offer SES, in addition to public school 
choice, to eligible students in Title I schools in the first year of 
school improvement and to count the costs of both toward meeting the 
LEA's ``20 percent obligation.''
25. Waiver Applicant: Wyoming Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: September 16, 2009.
     Description of waiver: For the 2009-2010 school year, 
permitted LEAs in Wyoming to offer SES, in addition to public school 
choice, to eligible students in Title I schools in the first year of 
school improvement and to count the costs of both toward meeting the 
LEA's ``20 percent obligation.''

Continuation Applicants

1. Waiver Applicant: Alabama Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: September 16, 2009.
     Description of waiver: For the 2009-2010 school year, 
permitted LEAS in Alabama to offer SES, in addition to public school 
choice, to eligible students in Title I schools in the first year of 
school improvement and to count the costs of both toward meeting the 
LEA's ``20 percent obligation.''
2. Waiver Applicant: Alaska Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: September 16, 2009.
     Description of waiver: For the 2009-2010 school year, 
permitted LEAs in Alaska to offer SES, in addition to public school 
choice, to eligible students in Title I schools in the first year of 
school improvement and to count the costs of both toward meeting the 
LEA's ``20 percent obligation.''
3. Waiver Applicant: North Carolina Department of Public Instruction
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: September 16, 2009.
     Description of waiver: For the 2009-2010 school year, 
permitted LEAs in North Carolina to offer SES, in addition to public 
school choice, to eligible students in Title I schools in the first 
year of school improvement and to count the costs of both toward 
meeting the LEA's ``20 percent obligation.''

[[Page 56844]]

4. Waiver Applicant: Tennessee Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: September 16, 2009.
     Description of waiver: For the 2009-2010 school year, 
permitted LEAs in Tennessee to offer SES, in addition to public school 
choice, to eligible students in Title I schools in the first year of 
school improvement and to count the costs of both