Notice of Waivers Granted Under Section 8401 of the Elementary and Secondary Education Act of 1965, as Amended by the Every Student Succeeds Act, 46796-46799 [2017-21616]
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Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices
identified for improvement, corrective
action, or restructuring to serve as a
provider of SES during the 2011–2012
school year.
4. Waiver applicant: Wyoming
Department of Education
• Provisions waived: 34 CFR
200.47(b)(1)(iv)(A) and (B).
• 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 for the 2010–2011 and
2011–2012 school years.
X. Authorizing an SEA To Waive the
Carryover Limitation for an LEA
Because of Its Receipt of Title I, Part A
ARRA Funds
Waiver to permit an SEA to waive the
carryover limitation more than once
within three years for an LEA that needs
the additional waiver because of its
receipt of Title I, Part A ARRA funds.
Provision waived: Section 1127(b) of
the ESEA.
Eight Waiver applicants:
• Maine Department of Education
• Michigan Department of Education
• Montana Office of Public Instruction
• Nebraska Department of Education
• Nevada Department of Education
• Ohio Department of Education
• Oklahoma State Department of
Education
• South Carolina Department of
Education
XI. Waiver of AYP Requirement for
Annual Measurable Achievement
Objectives (AMAOs)
1. Waiver applicant: Colorado
Department of Education
• Provision waived: Section
3122(a)(3)(A)(iii) of the ESEA.
• Description of waiver: Granted a
two-year waiver so that Colorado may
use, for purposes of AMAO 3, the same
targets used in the growth component of
its State-developed differentiated
recognition, accountability, and support
system in reading, writing, and
mathematics, in place of the State’s
AMOs.
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XII. Waivers Related to Rural Programs
A. Waivers Allowing SEAs To Provide
Equitable Services for Private School
Students and Teachers Under the RLIS
Provision waived: Section 6222 of the
ESEA.
Two Waiver applicants:
• Commonwealth of the Northern
Mariana Islands Public School System
• Virgin Islands Department of
Education
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B. Waivers Allowing SEAs To Meet the
Academic Achievement Assessment
Requirement in an Alternative Manner
Under RLIS
Provision waived: Section 6224(d) of
the ESEA.
Two Waiver applicants:
• Commonwealth of the Northern
Mariana Islands Public School System
• Virgin Islands Department of
Education
Accessible Format: Individuals with
disabilities can obtain this document in
an accessible format (e.g., braille, large
print, audiotape, or compact disc) on
request to the program contact person
listed under FOR FURTHER INFORMATION
CONTACT.
Electronic Access to This Document:
The official version of this document is
the document published in the Federal
Register. Free internet access to the
official edition of the Federal Register
and the Code of Federal Regulations is
available via the Federal Digital System
at: www.gpo.gov/fdsys. At this site you
can view this document, as well as other
documents of this Department
published in the Federal Register, in
text or Portable Document Format
(PDF). To use PDF you must have
Adobe Acrobat Reader, which is
available free at the site.
You may also access documents of the
Department published in the Federal
Register by using the article search
feature at: www.federalregister.gov.
Specifically, through the advanced
search feature at this site, you can limit
your search to documents published by
the Department.
Dated: October 3, 2017.
Jason Botel,
Acting Assistant Secretary for Elementary and
Secondary Education.
[FR Doc. 2017–21623 Filed 10–5–17; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF EDUCATION
Notice of Waivers Granted Under
Section 8401 of the Elementary and
Secondary Education Act of 1965, as
Amended by the Every Student
Succeeds Act
Office of Elementary and
Secondary Education, Department of
Education.
ACTION: Notice.
AGENCY:
In this notice, we announce
the waivers that the U.S. Department of
Education (Department) granted during
calendar year 2016 under the waiver
authority in section 8401 of the
Elementary and Secondary Education
SUMMARY:
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Act of 1965, as amended by the Every
Student Succeeds Act.1
The ESEA requires that the
Department publish in the Federal
Register, and disseminate to interested
parties, a notice of its decision to grant
a waiver of statutory or regulatory
requirements under the ESEA. Between
2011 and 2016, the Department granted
more than 800 waivers of statutory or
regulatory requirements to State
educational agencies (SEAs) but
neglected to comply with the ESEA’s
publication and dissemination
requirements. This notice is intended to
fulfill the Department’s obligation to
publicize its waiver decisions by
identifying the waivers granted during
each calendar year.
FOR FURTHER INFORMATION CONTACT: Kia
Weems, U.S. Department of Education,
400 Maryland Avenue SW., Room
3W341, Washington, DC 20202.
Telephone: (202) 260–2221 or by email:
Kia.Weems@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
SUPPLEMENTARY INFORMATION: In 2016,
the Department granted a total of 111
waivers to States under the waiver
authority in section 8401 of the ESEA,
as amended by the ESSA. We granted:
(a) 73 waivers extending the period in
which funds were available for
obligation: 66 waivers for school
improvement activities, one waiver for
Improving Teacher Quality, one waiver
for Migrant Education, three waivers for
21st Century Community Learning
Centers (21st CCLC), and two waivers
for Mathematics and Science
Partnerships;
(b) 32 waivers of requirements related
to State academic standards or
assessments: Six waivers allowing
substitution of standards or assessments
and six waivers permitting SEAs or
LEAs to refrain from reporting
assessment or accountability
determinations; and 26 waivers of the
requirement that a State’s assessment
1 On December 10, 2015, the Every Student
Succeeds Act (ESSA), which reauthorized the
Elementary and Secondary Education Act of 1965
(ESEA), was signed into law. The ESEA waiver
provisions in section 8401 of the ESEA, as amended
by the ESSA, went into effect on that date.
However, the Department awarded and
administered FY 2016 formula grant funds in
accordance with the ESEA as in effect on the day
before the date of enactment of the ESSA (i.e., the
requirements promulgated under the No Child Left
Behind Act of 2001 (NCLB)) consistent with
clarification from Congress in the Consolidated
Appropriations Act, 2016. Accordingly, unless
otherwise noted, all references to the ESEA in this
notice refer to the ESEA, as amended by NCLB.
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Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices
system cover the full range of its
academic content standards for speaking
and listening;
(c) One waiver permitting an LEA to
serve a Title I-eligible high school with
a graduation rate below 60 percent that
the SEA identified as a priority school;
(d) One waiver permitting local
educational agencies (LEAs) to operate a
Title I schoolwide program in a priority
school or a focus school that has less
than 40 percent poverty and is
implementing a schoolwide
intervention; and
(e) Four waivers allowing an SEA to
waive the carryover limitation for an
LEA that needs an additional waiver
beyond what the SEA is authorized to
grant.
Waiver Data
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I. Extensions of the Obligation Period
A. Sixty-six waivers to extend the
period of availability of School
Improvement Grant (SIG) funds.
1. Extended the period of availability
of fiscal year (FY) 2011 SIG funds
awarded to two States under section
1003(g) of the ESEA.
Provision waived: Tydings
Amendment, section 421(b) of the
General Education Provisions Act
(GEPA) (20 U.S.C. 1225(b)).
Waiver Applicants:
• New York State Education
Department
• Wisconsin Department of Education
2. Extended the period of availability
of FY 2012 SIG funds awarded to three
States under section 1003(g) of the
ESEA.
Provision waived: Tydings
Amendment, section 421(b) of GEPA (20
U.S.C. 1225(b)).
Waiver Applicants:
• Missouri Department of Elementary
and Secondary Education
• New Jersey Department of Education
• Texas Education Agency
3. Extended the period of availability
of FY 2013 SIG funds awarded to seven
States under section 1003(g) of the
ESEA.
Provision waived: Tydings
Amendment, section 421(b) of GEPA (20
U.S.C. 1225(b)).
Waiver Applicants:
• Iowa Department of Education
• Missouri Department of Elementary
and Secondary Education
• Oregon Department of Education
• Puerto Rico Department of Education
• Tennessee Department of Education
• Texas Education Agency
• Wisconsin Department of Education
4. Extended the period of availability
of FY 2014 SIG funds awarded to eight
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States under section 1003(g) of the
ESEA.
Provision waived: Tydings
Amendment, section 421(b) of GEPA (20
U.S.C. 1225(b)).
Waiver Applicants:
• Alabama State Department of
Education
• Arizona Department of Education
• Georgia Department of Education
• Iowa Department of Education
• Kansas State Department of Education
• New Hampshire Department of
Education
• North Dakota Department of Public
Instruction
• Puerto Rico Department of Education
5. Extended the period of availability
of FY 2016 SIG funds awarded to 46
States under section 1003(g) of the
ESEA.
Provision waived: Tydings
Amendment, section 421(b) of GEPA (20
U.S.C. 1225(b)).
Waiver Applicants:
• Alabama State Department of
Education
• Alaska Department of Education and
Early Development
• Arizona Department of Education
• Arkansas Department of Education
• California Department of Education
• Colorado Department of Education
• Connecticut State Department of
Education
• District of Columbia Office of the
State Superintendent of Education
• Florida Department of Education
• Georgia Department of Education
• Hawaii State Department of Education
• Illinois State Board of Education
• Indiana Department of Education
• Iowa Department of Education
• Kansas State Department of Education
• Kentucky Department of Education
• Louisiana Department of Education
• Maine Department of Education
• Maryland State Department of
Education
• Massachusetts Department of
Elementary and Secondary Education
• Michigan Department of Education
• Minnesota Department of Education
• Mississippi Department of Education
• Missouri Department of Elementary
and Secondary Education
• Montana Office of Public Instruction
• Nebraska Department of Education
• Nevada Department of Education
• New Hampshire Department of
Education
• New Jersey Department of Education
• New Mexico Public Education
Department
• New York State Education
Department
• North Carolina Department of Public
Instruction
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46797
• North Dakota Department of Public
Instruction
• Ohio Department of Education
• Oklahoma State Department of
Education
• Oregon Department of Education
• Pennsylvania Department of
Education
• Rhode Island Department of
Education
• South Carolina Department of
Education
• South Dakota Department of
Education
• Tennessee Department of Education
• Texas Education Agency
• Utah State Office of Education
• Virginia Department of Education
• Washington Office of the
Superintendent of Public Instruction
• Wisconsin Department of Education
B. One waiver to extend the period of
availability of funds for Improving
Teacher Quality awarded under Title II,
Part A of the ESEA.
Provision waived: Tydings
Amendment, section 421(b) of GEPA (20
U.S.C. 1225(b)).
Waiver Applicant:
• New York State Department of
Education
C. One waiver to extend the period of
availability of funds for Migrant
Education related activities awarded
under section Title I, Part C of the
ESEA.
Provision waived: Tydings
Amendment, section 421(b) of GEPA (20
U.S.C. 1225(b)).
Waiver Applicant:
• New York State Department of
Education
D. Three waivers extending the period
of availability of funds for the 21st
CCLC program under Title IV, Part B of
the ESEA.
Provision waived: Tydings
Amendment, section 421(b) of GEPA (20
U.S.C. 1225(b)).
1. Extended the period of availability
of FY 2012 funds reserved under Title
IV, Part B of the ESEA made available
for the 21st CCLC program.
Waiver Applicant:
• North Dakota Department of Public
Instruction
Provision waived: Tydings
Amendment, section 421(b) of GEPA (20
U.S.C. 1225(b)).
2. Extended the period of availability
of FY 2013 funds reserved under Title
IV, Part B of the ESEA made available
for the 21st CCLC program.
Waiver Applicants:
• Hawaii State Department of Education
• Maryland State Department of
Education
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Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices
F. Two waivers to extend the period
of availability of Mathematics and
Science Partnerships funds.
1. Extended the period of availability
of FY 2012 funds awarded to one State
under Title II, Part B of the ESEA.
Provision waived: Tydings
Amendment, section 421(b) of GEPA (20
U.S.C. 1225(b)).
Waiver Applicant:
• Illinois State Board of Education
2. Extended the period of availability
of FY 2013 funds awarded to one State
under Title II, Part B of the ESEA.
Provision waived: Tydings
Amendment, section 421(b) of GEPA (20
U.S.C. 1225(b)).
Waiver Applicant:
• Illinois State Board of Education
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III. Waivers of Requirements Related to
State Academic Standards and
Assessments
A. One waiver allowing substitution
of standards or assessments.
Provisions waived: Section
1111(b)(1)(B) and (3)(C)(i) of the ESEA.
Waiver Applicant:
• Hawaii State Department of Education
Description of Waiver: One-year
waiver for the 2015–2016 school year of
the statutory and regulatory
requirements under Title I, Part A of the
ESEA, which require the State to apply
the same academic achievement
standards, and to use the same academic
assessments, for all public school
children in the State.
B. Three waivers of the requirement
for an SEA to administer high-quality
student academic assessments.
Provisions waived: Section
1111(b)(3)(A), (b)(3)(C)(vii), and
(b)(3)(C)(ix)(I) of the ESEA.
Waiver Applicants:
• Alaska Department of Education and
Early Development
• Montana Office of Public Instruction
• Nevada Department of Education
Description of Waiver: Waiver of the
requirement that the SEA administer on
an annual basis a set of high-quality
student academic assessments in
reading/language arts and mathematics
to all students in grades three to eight
and once in high school.
C. One waiver of reporting
requirements related to standards and
assessments.
Provisions waived: Section
1111(h)(1)(C)(i), (1)(C)(iii)–(iv), and
(2)(B) of the ESEA.
Waiver Applicant:
• Alaska Department of Education and
Early Development
Description of Waiver: Waiver for the
2015–2016 school year of the SEA and
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LEA reporting requirements in the ESEA
corresponding to the waived assessment
requirements.
D. Twenty-six waivers allowing States
to have assessments that did not asses
all content standards.
Provision waived: Section
1111(b)(3)(C)(ii) of the ESEA.
Waiver Applicants:
• Alabama State Department of
Education
• Alaska Department of Education and
Early Development
• Arkansas Department of Education
• California Department of Education
• Georgia Department of Education
• Idaho State Board of Education
• Iowa Department of Education
• Indiana Department of Education
• Kentucky Department of Education
• Kansas State Department of Education
• Louisiana Department of Education
• Maine Department of Education
• Massachusetts Department of
Elementary and Secondary Education
• Missouri Department of Elementary
and Secondary Education
• Montana Office of Public Instruction
• Nevada Department of Education
• New York State Department of
Education
• North Dakota Department of Public
Instruction
• Puerto Rico Department of Education
• South Carolina Department of
Education
• Texas Education Agency
• Virginia Department of Education
• Washington Office of the
Superintendent of Public Instruction
• West Virginia Department of
Education
• Wisconsin Department of Education
• Wyoming Department Education
Description of Waiver: Waiver from
the requirement that the State’s
assessment system measure the State’s
speaking and listening standards.
IV. Within-District Allocations
One waiver granting flexibility
regarding within-district Title I
allocations.
Waiver Applicant:
• New York State Department of
Education
Description of Waiver: Permitted an
LEA to serve with Title I funds a Title
I-eligible high school with a graduation
rate below 60 percent that the SEA
identified as a priority school even if
that school does not rank sufficiently
high to be served based solely on the
school’s poverty rate.
Provisions waived: Section
1113(a)(4)(B) and (c)(1) of the ESEA.
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V. School-Wide Poverty Threshold
One waiver allowing a Title I
schoolwide program in a school below
the 40 percent poverty threshold.
Provision waived: Section 1114(a)(1)
of the ESEA.
Waiver Applicant:
• Missouri Department of Elementary
and Secondary Education
Description of Waiver: Waiver
permitting LEAs to operate a
schoolwide program in a priority school
or a focus school that does not meet the
schoolwide poverty threshold of 40
percent and is implementing a
schoolwide intervention.
VI. Authorizing an SEA To Waive the
Carryover Limitation
A. Four waivers authorizing SEAs to
waive the carryover limitation for an
LEA more than once every three years.
Provision waived: Section 1127(b) of
the ESEA.
Waiver Applicant:
• Indiana Department of Education
Description of Waiver: One-year
waiver to allow Indiana to grant the
Indianapolis Public Schools, Edison
Learning—Roosevelt College and Career
Academy, and Dr. Robert H. Faulkner
Academy a waiver of the carryover
limitation with respect to the FY 2015
Title I, Part A funds even if the LEA
received a carryover waiver of either its
FY 2013 or FY 2014 Title I, Part A funds
from the State.
Waiver Applicant:
• Michigan Department of Education
Description of Waiver: One-year
waiver allowed Michigan to grant the
School District of the City of Pontiac
and Saginaw City School District a
waiver of the carryover limitation with
respect to FY 2014 Title I, Part A funds
even if the LEA received a carryover
waiver of either its FY 2012 or FY 2013
Title I, Part A funds from the State.
Waiver Applicant:
• Washington Office of the
Superintendent of Public Instruction
Description of Waiver: One-year
waiver allowed Washington to grant not
more than 90 LEAs a waiver of the
carryover limitation with respect to
unexpended FY 2015 Title I, Part A
funds even if an LEA received a
carryover waiver of either its FY 2013 or
FY 2014 Title I, Part A funds from the
State.
Electronic Access to This Document:
The official version of this document is
the document published in the Federal
Register. Free internet access to the
official edition of the Federal Register
and the Code of Federal Regulations is
available via the Federal Digital System
E:\FR\FM\06OCN1.SGM
06OCN1
Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices
at: www.gpo.gov/fdsys. At this site you
can view this document, as well as all
other documents of this Department
published in the Federal Register, in
text or Portable Document Format
(PDF). To use PDF you must have
Adobe Acrobat Reader, which is
available free at the site.
You may also access documents of the
Department published in the Federal
Register by using the article search
feature at: www.federalregister.gov.
Specifically, through the advanced
search feature at this site, you can limit
your search to documents published by
the Department.
Dated: October 3, 2017.
Jason Botel,
Acting Assistant Secretary for Elementary and
Secondary Education.
[FR Doc. 2017–21616 Filed 10–5–17; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF EDUCATION
Notice of Waivers Granted Under
Section 9401 of the Elementary and
Secondary Education Act of 1965, as
Amended
Office of Elementary and
Secondary Education, Department of
Education.
ACTION: Notice.
AGENCY:
In this notice, we announce
the waivers that the U.S. Department of
Education (Department) granted during
calendar year 2015 under the waiver
authority in section 9401 of the
Elementary and Secondary Education
Act of 1965, as amended by the No
Child Left Behind Act of 2001 (ESEA),
including waivers related to flexibilities
granted to States in exchange for Stateled reforms (ESEA flexibility).
The ESEA requires that the
Department publish in the Federal
Register, and disseminate to interested
parties, a notice of its decision to grant
a waiver of statutory or regulatory
requirements under the ESEA. Between
2011 and 2016, the Department granted
more than 800 waivers of statutory or
regulatory requirements to State
educational agencies (SEAs) but
neglected to comply with the ESEA’s
publication and dissemination
requirements. This notice is intended to
fulfill the Department’s obligation to
publicize its waiver decisions by
identifying the waivers granted during
each calendar year.
FOR FURTHER INFORMATION CONTACT: Kia
Weems, U.S. Department of Education,
400 Maryland Avenue SW., Room
3W341, Washington, DC 20202.
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SUMMARY:
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Telephone: (202) 260–2221 or by email:
Kia.Weems@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
SUPPLEMENTARY INFORMATION: In 2015,
the Department granted waivers under
ESEA flexibility to 43 States under the
waiver authority in section 9401 of the
ESEA, in exchange for rigorous and
comprehensive State-developed plans
designed to improve student academic
achievement and increase the quality of
instruction. An additional 93 waivers
that were not part of ESEA flexibility
also were granted under the waiver
authority in section 9401 of the ESEA.
We granted:
a. Ten waivers under ESEA flexibility
to each of 43 States granting flexibility
from ESEA requirements to improve
student academic achievement and
increase the quality of instruction:
1. Allowing SEAs flexibility to select
one of three options for setting new
ambitious, but achievable annual
measurable objectives (AMOs);
2. Allowing flexibility in
implementation of school improvement
requirements to relieve local
educational agencies (LEAs) of the
requirement to identify schools for
improvement, corrective action, or
restructuring, as appropriate, and to take
certain improvement actions in
identified schools;
3. Allowing flexibility in
implementation of LEA improvement
requirements to relieve SEAs of the
requirement to identify LEAs for
improvement or corrective action, as
appropriate, and to take certain
improvement actions for identified
LEAs;
4. Granting flexibility for rural LEAs;
5. Permitting LEAs to operate a
schoolwide program in a priority school
or a focus school that does not meet the
40 percent poverty threshold and is
implementing a schoolwide
intervention;
6. Allowing SEAs flexibility to
distribute school improvement funds to
LEAs for use in priority and focus
schools;
7. Allowing funds reserved for State
awards program to go to any reward
school;
8. Relating to highly qualified teacher
(HQT) improvement plan requirements;
9. Relating to limitations on the
transferability of certain funds; and
10. Permitting SEAs flexibility to
award School Improvement Grant (SIG)
funds to an LEA to implement one of
the four SIG models in any priority
school.
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46799
In addition to waiving the 10
provisions listed above, the Department
granted three optional waivers to 43
States under ESEA flexibility related to
the following:
1. 21st Century Community Learning
Centers (21st CCLC) requirements,
allowing SEAs flexibility to permit
community learning centers to use 21st
CCLC funds to support expanded
learning time during the school day in
addition to activities during non-school
hours or periods when school is not in
session;
2. Requirements to make adequate
yearly progress (AYP) determinations;
and
3. Requirements pertaining to Title I,
Part A within-district allocations;
b. Forty-five waivers extending the
period in which funds were available
for obligation: 40 waivers for school
improvement activities, one waiver for
Consolidated Grant funds for Insular
Areas, one waiver for State assessment
activities, and three waivers extending
the period for SIG carryover funds;
c. One waiver granting LEAs
additional time to meet teacher and
principal evaluation requirements for
cohort 5 SIG schools;
d. Five waivers allowing SEAs to
approve schools or LEAs identified as in
need of improvement to become
supplemental educational services (SES)
providers;
e. Ten waivers of requirements
pertaining to State academic standards
or assessments: Four waivers allowing
substitution of standards or assessments
and six waivers exempting SEAs or
LEAs from reporting assessment or
accountability determinations;
f. Fourteen waivers of the third of
three annual measureable achievement
objectives (AMAOs 3) under Title III,
due to lack of assessment data in the
2014–2015 school year;
g. Two waivers allowing SEAs
flexibility to distribute section 1003(a)
funds to LEAs for use in priority and
focus schools;
h. Five waivers of the requirement to
make AYP determinations;
i. Six waivers allowing LEAs to carry
out significant education reforms to
improve student achievement;
j. Two waivers authorizing an SEA to
waive the carryover limitation for an
LEA that needs an additional waiver;
k. One waiver of the requirement to
provide parents notice of public school
choice options at least 14 days before
the start of the school year;
l. One waiver pertaining to school
support and recognition allowing
flexibility in the use of funds reserved
for State awards program to go to any
reward school; and
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]]>Agencies
[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Notices]
[Pages 46796-46799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21616]
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
Notice of Waivers Granted Under Section 8401 of the Elementary
and Secondary Education Act of 1965, as Amended by the Every Student
Succeeds Act
AGENCY: Office of Elementary and Secondary Education, Department of
Education.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In this notice, we announce the waivers that the U.S.
Department of Education (Department) granted during calendar year 2016
under the waiver authority in section 8401 of the Elementary and
Secondary Education Act of 1965, as amended by the Every Student
Succeeds Act.\1\
---------------------------------------------------------------------------
\1\ On December 10, 2015, the Every Student Succeeds Act (ESSA),
which reauthorized the Elementary and Secondary Education Act of
1965 (ESEA), was signed into law. The ESEA waiver provisions in
section 8401 of the ESEA, as amended by the ESSA, went into effect
on that date. However, the Department awarded and administered FY
2016 formula grant funds in accordance with the ESEA as in effect on
the day before the date of enactment of the ESSA (i.e., the
requirements promulgated under the No Child Left Behind Act of 2001
(NCLB)) consistent with clarification from Congress in the
Consolidated Appropriations Act, 2016. Accordingly, unless otherwise
noted, all references to the ESEA in this notice refer to the ESEA,
as amended by NCLB.
---------------------------------------------------------------------------
The ESEA requires that the Department publish in the Federal
Register, and disseminate to interested parties, a notice of its
decision to grant a waiver of statutory or regulatory requirements
under the ESEA. Between 2011 and 2016, the Department granted more than
800 waivers of statutory or regulatory requirements to State
educational agencies (SEAs) but neglected to comply with the ESEA's
publication and dissemination requirements. This notice is intended to
fulfill the Department's obligation to publicize its waiver decisions
by identifying the waivers granted during each calendar year.
FOR FURTHER INFORMATION CONTACT: Kia Weems, U.S. Department of
Education, 400 Maryland Avenue SW., Room 3W341, Washington, DC 20202.
Telephone: (202) 260-2221 or by email: Kia.Weems@ed.gov.
If you use a telecommunications device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.
SUPPLEMENTARY INFORMATION: In 2016, the Department granted a total of
111 waivers to States under the waiver authority in section 8401 of the
ESEA, as amended by the ESSA. We granted:
(a) 73 waivers extending the period in which funds were available
for obligation: 66 waivers for school improvement activities, one
waiver for Improving Teacher Quality, one waiver for Migrant Education,
three waivers for 21st Century Community Learning Centers (21st CCLC),
and two waivers for Mathematics and Science Partnerships;
(b) 32 waivers of requirements related to State academic standards
or assessments: Six waivers allowing substitution of standards or
assessments and six waivers permitting SEAs or LEAs to refrain from
reporting assessment or accountability determinations; and 26 waivers
of the requirement that a State's assessment
[[Page 46797]]
system cover the full range of its academic content standards for
speaking and listening;
(c) One waiver permitting an LEA to serve a Title I-eligible high
school with a graduation rate below 60 percent that the SEA identified
as a priority school;
(d) One waiver permitting local educational agencies (LEAs) to
operate a Title I schoolwide program in a priority school or a focus
school that has less than 40 percent poverty and is implementing a
schoolwide intervention; and
(e) Four waivers allowing an SEA to waive the carryover limitation
for an LEA that needs an additional waiver beyond what the SEA is
authorized to grant.
Waiver Data
I. Extensions of the Obligation Period
A. Sixty-six waivers to extend the period of availability of School
Improvement Grant (SIG) funds.
1. Extended the period of availability of fiscal year (FY) 2011 SIG
funds awarded to two States under section 1003(g) of the ESEA.
Provision waived: Tydings Amendment, section 421(b) of the General
Education Provisions Act (GEPA) (20 U.S.C. 1225(b)).
Waiver Applicants:
New York State Education Department
Wisconsin Department of Education
2. Extended the period of availability of FY 2012 SIG funds awarded
to three States under section 1003(g) of the ESEA.
Provision waived: Tydings Amendment, section 421(b) of GEPA (20
U.S.C. 1225(b)).
Waiver Applicants:
Missouri Department of Elementary and Secondary Education
New Jersey Department of Education
Texas Education Agency
3. Extended the period of availability of FY 2013 SIG funds awarded
to seven States under section 1003(g) of the ESEA.
Provision waived: Tydings Amendment, section 421(b) of GEPA (20
U.S.C. 1225(b)).
Waiver Applicants:
Iowa Department of Education
Missouri Department of Elementary and Secondary Education
Oregon Department of Education
Puerto Rico Department of Education
Tennessee Department of Education
Texas Education Agency
Wisconsin Department of Education
4. Extended the period of availability of FY 2014 SIG funds awarded
to eight States under section 1003(g) of the ESEA.
Provision waived: Tydings Amendment, section 421(b) of GEPA (20
U.S.C. 1225(b)).
Waiver Applicants:
Alabama State Department of Education
Arizona Department of Education
Georgia Department of Education
Iowa Department of Education
Kansas State Department of Education
New Hampshire Department of Education
North Dakota Department of Public Instruction
Puerto Rico Department of Education
5. Extended the period of availability of FY 2016 SIG funds awarded
to 46 States under section 1003(g) of the ESEA.
Provision waived: Tydings Amendment, section 421(b) of GEPA (20
U.S.C. 1225(b)).
Waiver Applicants:
Alabama State Department of Education
Alaska Department of Education and Early Development
Arizona Department of Education
Arkansas Department of Education
California Department of Education
Colorado Department of Education
Connecticut State Department of Education
District of Columbia Office of the State Superintendent of
Education
Florida Department of Education
Georgia Department of Education
Hawaii State Department of Education
Illinois State Board of Education
Indiana Department of Education
Iowa Department of Education
Kansas State Department of Education
Kentucky Department of Education
Louisiana Department of Education
Maine Department of Education
Maryland State Department of Education
Massachusetts Department of Elementary and Secondary Education
Michigan Department of Education
Minnesota Department of Education
Mississippi Department of Education
Missouri Department of Elementary and Secondary Education
Montana Office of Public Instruction
Nebraska Department of Education
Nevada Department of Education
New Hampshire Department of Education
New Jersey Department of Education
New Mexico Public Education Department
New York State Education Department
North Carolina Department of Public Instruction
North Dakota Department of Public Instruction
Ohio Department of Education
Oklahoma State Department of Education
Oregon Department of Education
Pennsylvania Department of Education
Rhode Island Department of Education
South Carolina Department of Education
South Dakota Department of Education
Tennessee Department of Education
Texas Education Agency
Utah State Office of Education
Virginia Department of Education
Washington Office of the Superintendent of Public Instruction
Wisconsin Department of Education
B. One waiver to extend the period of availability of funds for
Improving Teacher Quality awarded under Title II, Part A of the ESEA.
Provision waived: Tydings Amendment, section 421(b) of GEPA (20
U.S.C. 1225(b)).
Waiver Applicant:
New York State Department of Education
C. One waiver to extend the period of availability of funds for
Migrant Education related activities awarded under section Title I,
Part C of the ESEA.
Provision waived: Tydings Amendment, section 421(b) of GEPA (20
U.S.C. 1225(b)).
Waiver Applicant:
New York State Department of Education
D. Three waivers extending the period of availability of funds for
the 21st CCLC program under Title IV, Part B of the ESEA.
Provision waived: Tydings Amendment, section 421(b) of GEPA (20
U.S.C. 1225(b)).
1. Extended the period of availability of FY 2012 funds reserved
under Title IV, Part B of the ESEA made available for the 21st CCLC
program.
Waiver Applicant:
North Dakota Department of Public Instruction
Provision waived: Tydings Amendment, section 421(b) of GEPA (20
U.S.C. 1225(b)).
2. Extended the period of availability of FY 2013 funds reserved
under Title IV, Part B of the ESEA made available for the 21st CCLC
program.
Waiver Applicants:
Hawaii State Department of Education
Maryland State Department of Education
[[Page 46798]]
F. Two waivers to extend the period of availability of Mathematics
and Science Partnerships funds.
1. Extended the period of availability of FY 2012 funds awarded to
one State under Title II, Part B of the ESEA.
Provision waived: Tydings Amendment, section 421(b) of GEPA (20
U.S.C. 1225(b)).
Waiver Applicant:
Illinois State Board of Education
2. Extended the period of availability of FY 2013 funds awarded to
one State under Title II, Part B of the ESEA.
Provision waived: Tydings Amendment, section 421(b) of GEPA (20
U.S.C. 1225(b)).
Waiver Applicant:
Illinois State Board of Education
III. Waivers of Requirements Related to State Academic Standards and
Assessments
A. One waiver allowing substitution of standards or assessments.
Provisions waived: Section 1111(b)(1)(B) and (3)(C)(i) of the ESEA.
Waiver Applicant:
Hawaii State Department of Education
Description of Waiver: One-year waiver for the 2015-2016 school
year of the statutory and regulatory requirements under Title I, Part A
of the ESEA, which require the State to apply the same academic
achievement standards, and to use the same academic assessments, for
all public school children in the State.
B. Three waivers of the requirement for an SEA to administer high-
quality student academic assessments.
Provisions waived: Section 1111(b)(3)(A), (b)(3)(C)(vii), and
(b)(3)(C)(ix)(I) of the ESEA.
Waiver Applicants:
Alaska Department of Education and Early Development
Montana Office of Public Instruction
Nevada Department of Education
Description of Waiver: Waiver of the requirement that the SEA
administer on an annual basis a set of high-quality student academic
assessments in reading/language arts and mathematics to all students in
grades three to eight and once in high school.
C. One waiver of reporting requirements related to standards and
assessments.
Provisions waived: Section 1111(h)(1)(C)(i), (1)(C)(iii)-(iv), and
(2)(B) of the ESEA.
Waiver Applicant:
Alaska Department of Education and Early Development
Description of Waiver: Waiver for the 2015-2016 school year of the
SEA and LEA reporting requirements in the ESEA corresponding to the
waived assessment requirements.
D. Twenty-six waivers allowing States to have assessments that did
not asses all content standards.
Provision waived: Section 1111(b)(3)(C)(ii) of the ESEA.
Waiver Applicants:
Alabama State Department of Education
Alaska Department of Education and Early Development
Arkansas Department of Education
California Department of Education
Georgia Department of Education
Idaho State Board of Education
Iowa Department of Education
Indiana Department of Education
Kentucky Department of Education
Kansas State Department of Education
Louisiana Department of Education
Maine Department of Education
Massachusetts Department of Elementary and Secondary Education
Missouri Department of Elementary and Secondary Education
Montana Office of Public Instruction
Nevada Department of Education
New York State Department of Education
North Dakota Department of Public Instruction
Puerto Rico Department of Education
South Carolina Department of Education
Texas Education Agency
Virginia Department of Education
Washington Office of the Superintendent of Public Instruction
West Virginia Department of Education
Wisconsin Department of Education
Wyoming Department Education
Description of Waiver: Waiver from the requirement that the State's
assessment system measure the State's speaking and listening standards.
IV. Within-District Allocations
One waiver granting flexibility regarding within-district Title I
allocations.
Waiver Applicant:
New York State Department of Education
Description of Waiver: Permitted an LEA to serve with Title I funds
a Title I-eligible high school with a graduation rate below 60 percent
that the SEA identified as a priority school even if that school does
not rank sufficiently high to be served based solely on the school's
poverty rate.
Provisions waived: Section 1113(a)(4)(B) and (c)(1) of the ESEA.
V. School-Wide Poverty Threshold
One waiver allowing a Title I schoolwide program in a school below
the 40 percent poverty threshold.
Provision waived: Section 1114(a)(1) of the ESEA.
Waiver Applicant:
Missouri Department of Elementary and Secondary Education
Description of Waiver: Waiver permitting LEAs to operate a
schoolwide program in a priority school or a focus school that does not
meet the schoolwide poverty threshold of 40 percent and is implementing
a schoolwide intervention.
VI. Authorizing an SEA To Waive the Carryover Limitation
A. Four waivers authorizing SEAs to waive the carryover limitation
for an LEA more than once every three years.
Provision waived: Section 1127(b) of the ESEA.
Waiver Applicant:
Indiana Department of Education
Description of Waiver: One-year waiver to allow Indiana to grant
the Indianapolis Public Schools, Edison Learning--Roosevelt College and
Career Academy, and Dr. Robert H. Faulkner Academy a waiver of the
carryover limitation with respect to the FY 2015 Title I, Part A funds
even if the LEA received a carryover waiver of either its FY 2013 or FY
2014 Title I, Part A funds from the State.
Waiver Applicant:
Michigan Department of Education
Description of Waiver: One-year waiver allowed Michigan to grant
the School District of the City of Pontiac and Saginaw City School
District a waiver of the carryover limitation with respect to FY 2014
Title I, Part A funds even if the LEA received a carryover waiver of
either its FY 2012 or FY 2013 Title I, Part A funds from the State.
Waiver Applicant:
Washington Office of the Superintendent of Public Instruction
Description of Waiver: One-year waiver allowed Washington to grant
not more than 90 LEAs a waiver of the carryover limitation with respect
to unexpended FY 2015 Title I, Part A funds even if an LEA received a
carryover waiver of either its FY 2013 or FY 2014 Title I, Part A funds
from the State.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. Free
internet access to the official edition of the Federal Register and the
Code of Federal Regulations is available via the Federal Digital System
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at: www.gpo.gov/fdsys. At this site you can view this document, as well
as all other documents of this Department published in the Federal
Register, in text or Portable Document Format (PDF). To use PDF you
must have Adobe Acrobat Reader, which is available free at the site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at:
www.federalregister.gov. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Dated: October 3, 2017.
Jason Botel,
Acting Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 2017-21616 Filed 10-5-17; 8:45 am]
BILLING CODE 4000-01-P
