Notice of Waivers Granted Under Section 9401 of the Elementary and Secondary Education Act of 1965, as Amended, 46773-46778 [2017-21620]
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Dated: October 2, 2017.
A.M. Nichols,
Lieutenant Commander, Judge Advocate
General’s Corps, U.S. Navy, Federal Register
Liaison Officer.
Brenda S. Bowen,
Army Federal Register Liaison Officer.
Notice of Waivers Granted Under
Section 9401 of the Elementary and
Secondary Education Act of 1965, as
Amended
[FR Doc. 2017–21572 Filed 10–5–17; 8:45 am]
BILLING CODE 5001–03–P
[FR Doc. 2017–21601 Filed 10–5–17; 8:45 am]
BILLING CODE 3810–FF–P
DEPARTMENT OF EDUCATION
Office of Elementary and
Secondary Education, Department of
Education.
ACTION: Notice.
AGENCY:
DEPARTMENT OF DEFENSE
Department of the Navy
Notice of Availability of Record of
Decision for the Final Environmental
Impact Statement for the Disposal and
Reuse of the Former Naval Weapons
Station Seal Beach, Detachment
Concord, Concord, California
AGENCY:
ACTION:
Department of the Navy, DoD
Notice.
The U.S. Department of the
Navy (Navy), after carefully weighing
the environmental consequences of the
proposed action, announces its decision
to implement Alternative 1, the Navy’s
preferred alternative, as described in the
Final Environmental Impact Statement
(EIS) for the Disposal and Reuse of the
Former Naval Weapons Station Seal
Beach, Detachment Concord (NWS
Concord), Concord, California. This
decision will make approximately 4,972
acres of former NWS Concord property
available to the local community for
economic redevelopment.
SUMMARY:
Disposal
and reuse under the chosen alternative
is consistent with the City of Concord’s
‘‘Concord Reuse Project Area Plan’’ and
Public Law 101–510, the Defense Base
Closure and Realignment Act (BRAC) of
1990, as amended in 2005. The
complete text of the Record of Decision
(ROD) is available for public viewing on
the project Web site at https://
www.BRACPMO.Navy.mil along with
the Final EIS and supporting
documents. Single copies of the ROD
will be made available upon request by
contacting: Ms. Erica Spinelli, Navy
BRAC Program Management Office
West, Concord EIS, 33000 Nixie Way,
Building 50, San Diego, California,
92147–0001, telephone 619–524–5096,
email erica.spinelli@navy.mil.
SUPPLEMENTARY INFORMATION:
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In this notice, we announce
the waivers that the U.S. Department of
Education (Department) granted during
calendar year 2014 under the waiver
authority in 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 State-led 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.
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.
SUMMARY:
In 2014,
the Department granted waivers through
an initiative known as ESEA flexibility
to 39 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
SUPPLEMENTARY INFORMATION:
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achievement and increase the quality of
instruction. We granted:
(a) The following 10 waivers to 39
SEAs under ESEA flexibility:
1. Flexibility Regarding the 2014
Timeline for Determining Adequate
Yearly Progress (AYP);
2. Flexibility in Implementation of
School Improvement Requirements;
3. Flexibility in Implementation of
Local Educational Agency (LEA)
Improvement Requirements;
4. Flexibility for Rural LEAs;
5. Flexibility for Schoolwide
Programs;
6. Flexibility to Support School
Improvement;
7. Flexibility for Reward Schools;
8. Flexibility Regarding Highly
Qualified Teacher (HQT) Improvement
Plans;
9. Flexibility to Transfer Certain
Funds; and
10. Flexibility to Use School
Improvement Grant (SIG) funds to
Support Priority Schools.
In addition to waiving the 10
provisions listed above, the Department
granted three optional waivers under
ESEA flexibility related to the following:
1. Waivers of the 21st Century
Community Learning Centers (21st
CCLC) requirement to provide services
during non-school hours or when school
is not in session;
2. Waivers of the requirement to make
AYP determinations; and
3. Waivers of requirements pertaining
to Title I, Part A within-district
allocations.
(b) 67 waivers extending the period in
which funds were available for
obligation: Three waivers extending the
period of availability of fiscal year (FY)
2009 SIG funds under the regular
appropriation and the American
Recovery and Reinvestment Act of 2009
(ARRA); 62 waivers extending the
period of availability of FY 2010, 2011,
2012, or 2013 SIG funds; one waiver
related to consolidated grant funds for
Insular Areas; and one waiver extending
the period for the Mathematics and
Science Partnerships program funds;
(c) Eight waivers pertaining to SIG
school eligibility requirements and the
definition of ‘‘persistently lowestachieving schools’’;
(d) Six waivers allowing SEAs to
approve schools or LEAs identified as
‘‘in need of improvement’’ to become
supplemental educational services (SES)
providers;
(e) 39 waivers of requirements related
to State academic standards or
assessments: 18 waivers of the statutory
and regulatory requirements under Title
I, Part A of the ESEA that required
States to apply the same academic
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content and academic achievement
standards to, and to use the same
academic assessment for, all public
schools and public school children in
the State; 13 waivers that allowed
students (except those with the most
significant cognitive disabilities) to take
only one assessment in each content
area in 2013–2014—either the current
State assessment or the full form of the
field test of the new assessments aligned
to college- and career-ready standards;
four waivers permitting the State to
assess students who were not yet
enrolled in high school but who took
advanced, high school level coursework
with the corresponding advanced, high
school level assessment alone; three
waivers permitting students with the
most significant cognitive disabilities
within the State to take only one
assessment in each content area in
2013–2014—either the current State
alternate assessments based on alternate
academic achievement standards or the
field test of new alternate assessments;
and one waiver permitting a State to
administer the high school exit
examination to high school students in
grade 10 and the alternate performance
assessment to students with the most
significant cognitive disabilities;
(f) Two waivers of the third of three
annual measureable achievement
objectives (AMAOs 3) under Title III,
allowing States to use the same targets
used to determine AYP under Title I in
place of the State’s AMOs;
(g) One waiver of the requirement
under Title I, Part A to provide parents
notice of public school choice options at
least 14 days before the start of the
school year; and
(h) 10 waivers of the Teacher
Incentive Fund (TIF) program absolute
priority requirement in the notice of
final priorities (NFR) that required each
TIF grantee to develop a rigorous
evaluation system for teachers and
principals, and of one of the five core
elements in the NFR.
I. ESEA Flexibility Waivers
A. Flexibility Regarding the 2014
Timeline for Determining AYP
The Department waived the
requirements in section 1111(b)(2)(E)–
(H) of the ESEA that prescribe how an
SEA establishes AMOs for determining
AYP to ensure that all students met or
exceeded the State’s proficient level of
academic achievement on the State’s
assessments in reading/language arts
and mathematics no later than the end
of the 2013—2014 school year. Under
this waiver, an SEA no longer needed to
follow the statutory procedures for
setting AMOs to use in determining
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AYP. Instead, an SEA had flexibility to
develop new ambitious but achievable
AMOs in reading/language arts and
mathematics in order to provide
meaningful goals to guide support and
improvement efforts for the State, LEAs,
schools, and student subgroups.
Provisions waived: Section
1111(b)(2)(E)–(H) of the ESEA.
B. Flexibility in Implementation of
School Improvement Requirements
The Department waived the
requirements in section 1116(b) of the
ESEA for an LEA to identify for
improvement, corrective action, or
restructuring, as appropriate, a Title I
school that failed, for two consecutive
years or more, to make AYP, and for a
school so identified and its LEA to take
certain improvement actions. Under this
waiver, an LEA was no longer required
to identify respective Title I schools for
improvement, corrective action, or
restructuring, and neither the LEA nor
its schools were required to take
statutorily required improvement
actions, including providing public
school choice and supplemental
educational services (SES) to eligible
students. An LEA was also exempt from
administrative and reporting
requirements related to school
improvement.
Provision waived: Section 1116(b) of
the ESEA, except that (b)(13) was not
waived.
C. Flexibility in Implementation of LEA
Improvement
The Department waived the
requirements in section 1116(c) of the
ESEA for an SEA to identify for
improvement or corrective action, as
appropriate, an LEA that, for two
consecutive years or more, failed to
make AYP, and neither the LEA nor the
SEA was required to take statutorily
required improvement actions. An LEA
was also exempt from associated
administrative and reporting
requirements related to LEA
improvement.
Provisions waived: Section 1116(c)(3)
and (5)–(11) of the ESEA.
D. Flexibility for Rural LEAs
The Department waived the
requirements in sections 6213(b) and
6224(e) of the ESEA that limited
participation in, and use of funds under,
the Small, Rural School Achievement
(SRSA) and Rural and Low-Income
School (RLIS) programs based on
whether an LEA made AYP and was
complying with the requirements in
section 1116 of the ESEA. Under the
waiver, an LEA that received SRSA or
RLIS funds had flexibility to use those
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funds for any authorized purpose
regardless of the LEA’s AYP status.
Provisions waived: Sections 6213(b)
and 6224(e) of the ESEA.
E. Flexibility for Schoolwide Programs
The Department waived the
requirement in section 1114(a)(1) of the
ESEA that a school have a poverty
percentage of 40 percent or more in
order to operate a schoolwide program.
Under this waiver, an LEA had
flexibility to operate a schoolwide
program in a Title I school that did not
meet the 40 percent poverty threshold if
the SEA identified the school as a
priority school or a focus school, and
the LEA implemented interventions
consistent with the turnaround
principles or interventions that were
based on the needs of the students in
the school and designed to enhance the
entire educational program in the
school, as appropriate.
Provision waived: Section 1114(a)(1)
of the ESEA.
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F. Flexibility To Support School
Improvement
The Department waived the
requirement in section 1003(a) of the
ESEA for an SEA to distribute funds
reserved under that section only to
LEAs with schools identified for
improvement, corrective action, or
restructuring. Under this waiver, an
SEA had flexibility to allocate ESEA
section 1003(a) funds to an LEA in order
to serve any priority or focus school, if
the SEA determined such school was
most in need of additional support.
Provision waived: Section 1003(a) of
the ESEA.
G. Flexibility for Reward Schools
The Department waived the provision
in section 1117(c)(2)(A) of the ESEA that
authorized an SEA to reserve Title I,
Part A funds to reward a Title I school
that (1) significantly closed the
achievement gap between subgroups in
the school; or (2) exceeded AYP for two
or more consecutive years. Under this
waiver, an SEA had flexibility to use
funds reserved under section
1117(c)(2)(A) of the ESEA to provide
financial rewards to any reward school,
if the SEA determined such school was
most appropriate to receive a financial
reward.
Provision waived: Section
1117(b)(1)(B) of the ESEA.
H. Flexibility Regarding HQT
Improvement Plans
The Department waived the
requirements in section 2141(a) through
(c) of the ESEA for an LEA and SEA to
comply with certain requirements for
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improvement plans regarding highly
qualified teachers. Under the waiver, an
LEA that did not meet its HQT target
did not have to develop an
improvement plan under section 2141
of the ESEA and had flexibility in how
it used its Title I and Title II funds. An
SEA was exempt from the requirements
regarding its role in the implementation
of those plans, including the
requirement that it enter into
agreements with LEAs on the use of
funds and the requirement that it
provide technical assistance to LEAs on
their plans.
Provisions waived: Section 2141(a)–
(c) of the ESEA.
I. Flexibility To Transfer Certain Funds
The Department waived the
limitations in section 6123 of the ESEA
that limited the amount of funds an SEA
or LEA may transfer from certain ESEA
programs to other ESEA programs.
Under this waiver, an SEA and its LEAs
had flexibility to transfer up to 100
percent of the funds received under the
authorized programs among those
programs and into Title I, Part A.
Moreover, to minimize burden at the
State and local levels, the SEA was not
required to notify the Department, and
its participating LEAs were not required
to notify the SEA, prior to transferring
funds.
Provisions waived: Section 6123(a),
(b)(1), (d), and (e)(1) of the ESEA.
J. Flexibility To Use SIG Funds To
Support Priority Schools
The Department waived the
requirements in section 1003(g)(4) of the
ESEA and the definition of a Tier I
school in Section I.A.3 of the SIG final
requirements. Under this waiver, an
SEA had flexibility to award SIG funds
available under section 1003(g) of the
ESEA to an LEA to implement one of
the four SIG models in any priority
school.
Provisions waived: Section 1003(g)(4)
of the ESEA and section I.A.3 of the
notice of final requirements for SIG
Grants, published in the Federal
Register on October 28, 2010 (74 FR
65618).
Waiver applicants:
• Alabama State Board of Education
• Arizona Department of Education
• Arkansas Department of Education
• Colorado Department of Education
• Delaware 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
• Idaho State Department of Education
• Illinois State Board of Education
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46775
Indiana Department of Education
Kansas State Department of Education
Kentucky Department of Education
Louisiana 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
Nevada Department of Education
New Jersey Department of Education
New Mexico Public Education
Department
New York State Education
Department
North Carolina Department of Public
Instruction
Ohio Department of Education
Oklahoma State Department of
Education
Oregon Department of Education
Pennsylvania Department of
Education
Puerto Rico 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
Wisconsin Department of Public
Instruction
K. Flexibility in the Use of 21st CCLC
Program Funds
The Department waived requirements
in sections 4201(b)(1)(A) and
4204(b)(2)(A) of the ESEA that restricted
the activities provided by a community
learning center under the 21st CCLC
program to activities provided only
during non-school hours or periods
when school was not in session (i.e.,
before and after school or during
summer recess). Under this waiver, an
SEA had 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 was not
in session.
Provisions waived: Section
4201(b)(1)(A) and 4204(b)(2)(A) of the
ESEA.
Waiver applicants:
• Alabama State Board of Education
• Arizona Department of Education
• Arkansas Department of Education
• Colorado Department of Education
• Delaware Department of Education
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• District of Columbia Office of the
State Superintendent of Education
• Florida Department of Education
• Georgia Department of Education
• Hawaii State Department of Education
• Idaho State Department of Education
• Illinois State Board of Education
• Indiana Department of Education
• Kansas State Department of Education
• Kentucky Department of Education
• Louisiana 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
• Nevada Department of Education
• New Jersey Department of Education
• New Mexico Public Education
Department
• New York State Education
Department
• North Carolina Department of Public
Instruction
• Ohio Department of Education
• Oklahoma State Department of
Education
• Oregon Department of Education
• Pennsylvania Department of
Education
• Puerto Rico 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
• Wisconsin Department of Public
Instruction
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L. Flexibility Regarding Making AYP
Determinations
The Department waived the
requirements in section 1116(a)(1)(A)–
(B) and (c)(1)(A) of the ESEA that
required LEAs and SEAs to make
determinations of AYP for schools and
LEAs, respectively. Instead, an SEA and
its LEAs had to report on their report
cards performance against the AMOs for
all subgroups identified in section
1111(b)(2)(C)(v) of the ESEA, and use
performance against the AMOs to
support continuous improvement in
Title I schools.
Provisions waived: Section
1116(a)(1)(A)–(B) and (c)(1)(A) of the
ESEA.
Waiver applicants:
• Alabama State Board of Education
• Arizona Department of Education
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Arkansas Department of Education
Colorado Department of Education
Delaware 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
Idaho State Department of Education
Illinois State Board of Education
Indiana Department of Education
Kansas State Department of Education
Kentucky Department of Education
Louisiana 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
Nevada Department of Education
New Jersey Department of Education
New Mexico Public Education
Department
New York State Education
Department
North Carolina Department of Public
Instruction
Ohio Department of Education
Oklahoma State Department of
Education
Oregon Department of Education
Pennsylvania Department of
Education
Puerto Rico 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
Wisconsin Department of Public
Instruction
M. Flexibility Regarding Within-District
Title I Allocations
The Department waived the
requirements in section 1113(a)(3)–(4) of
the ESEA that required an LEA to serve
eligible schools under Title I in rank
order of poverty and to allocate Title I,
Part A funds based on that rank
ordering. Under this waiver, an LEA had
flexibility 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 did not rank
sufficiently high to be served based
solely on the school’s poverty rate.
Provisions waived: Section
1113(a)(3)–(4) and (c)(1) of the ESEA.
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Waiver applicants:
Alabama State Board of Education
Arizona Department of Education
Arkansas Department of Education
Colorado Department of Education
Delaware 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
Idaho State Department of Education
Illinois State Board of Education
Indiana Department of Education
Kansas State Department of Education
Kentucky Department of Education
Louisiana 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
Nevada Department of Education
New Jersey Department of Education
New Mexico Public Education
Department
New York State Education
Department
North Carolina Department of Public
Instruction
Ohio Department of Education
Oklahoma State Department of
Education
Oregon Department of Education
Pennsylvania Department of
Education
Puerto Rico 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
Wisconsin Department of Public
Instruction
II. Extensions of the Obligation Period
A. Waivers to extend the period of
availability of SIG ARRA funds.
Extended the period of availability of
FY 2009 SIG funds awarded under
Public Law 111–5, ARRA.
Provision waived: Tydings
Amendment, section 421(b) of the
General Education Provisions Act
(GEPA) (20 U.S.C. 1225(b)).
Waiver applicants:
• Georgia Department of Education
• New York State Education
Department
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• Texas Education Agency
B. Waivers to extend the period of
availability of SIG funds.
1. Extended the period of availability
of FY 2009 SIG funds awarded under
section 1003(g) of the ESEA.
Provision waived: Tydings
Amendment, section 421(b) of GEPA (20
U.S.C. 1225(b)).
Waiver applicants:
• Georgia Department of Education
• New York State Education
Department
• Texas Education Agency
2. Extended the period of availability
of FY 2010 SIG funds awarded under
section 1003(g) of the ESEA.
Provision waived: Tydings
Amendment, section 421(b) of GEPA (20
U.S.C. 1225(b)).
Waiver applicants:
• Arkansas Department of Education
• Idaho State Department of Education
• Illinois State Board of Education
• Iowa Department of Education
• Louisiana Department of Education
• Mississippi Department of Education
• Nebraska Department of Education
• New Hampshire Department of
Education
• New Jersey Department of Education
• New Mexico Public Education
Department
• New York State Education
Department
• Oklahoma State Department of
Education
• Texas Education Agency
3. Extended the period of availability
of FY 2011 SIG funds awarded under
section 1003(g) of the ESEA.
Provision waived: Tydings
Amendment, section 421(b) of GEPA (20
U.S.C. 1225(b)).
Waiver applicants:
• Delaware Department of Education
• Hawaii State Department of Education
• Maine Department of Education
• Michigan Department of Education
• Minnesota Department of Education
• Mississippi Department of Education
• New Jersey Department of Education
• Pennsylvania Department of
Education
• Puerto Rico Department of Education
• Rhode Island Department of
Education
• Tennessee Department of Education
• Wisconsin Department of Public
Instruction
4. Extended the period of availability
of FY 2012 SIG funds awarded under
section 1003(g) of the ESEA.
Provision waived: Tydings
Amendment, section 421(b) of GEPA (20
U.S.C. 1225(b)).
Waiver applicants:
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Alabama State Board of Education
Arizona Department of Education
California Department of Education
Florida Department of Education
Hawaii State Department of Education
Illinois State Board of Education
Iowa Department of Education
Maine Department of Education
Maryland State Department of
Education
Michigan Department of Education
Minnesota Department of Education
Mississippi Department of Education
Missouri Department of Elementary
and Secondary Education
New Hampshire Department of
Education
New Jersey Department of Education
New Mexico Public Education
Department
New York State Education
Department
North Dakota Department of Public
Instruction
Ohio Department of Education
Oklahoma State Department of
Education
Oregon Department of Education
Pennsylvania Department of
Education
Puerto Rico 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
West Virginia Department of
Education
Wisconsin Department of Public
Instruction
5. Extended the period of availability
of FY 2013 SIG funds awarded under
section 1003(g) of the ESEA.
Provision waived: Tydings
Amendment, section 421(b) of GEPA (20
U.S.C. 1225(b)).
Waiver applicants:
• Alaska Department of Education and
Early Development
• Tennessee Department of Education
• Wisconsin Department of Public
Instruction
C. Waiver to extend the period of
availability of FY 2012 funds received
under section 1003(g) of the ESEA and
included in Consolidated Grant funds
for Insular Areas.
Provision waived: Tydings
Amendment, section 421(b) of GEPA (20
U.S.C. 1225(b)).
Waiver applicant:
• Virgin Islands Department of
Education
D. Waiver to extend the period of
availability of FY 2012 funds for the
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Mathematics and Science Partnerships
program awarded 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 School Eligibility
Requirements and Definition of
‘‘Persistently Lowest-Achieving
Schools’’
Waivers to replace the list of Tier I,
Tier II, and Tier III schools with the
State’s list of priority schools and to
replace the definition of ‘‘persistently
lowest-achieving schools’’ with the
State’s definition of ‘‘priority schools.’’
Provisions waived: Sections I.A.1 and
I.A.3 of the SIG final requirements, 75
FR 66363.
Waiver applicants:
• California Department of Education
• Connecticut State Department of
Education
• Delaware Department of Education
• Florida Department of Education
• Idaho State Department of Education
• Illinois State Board of Education
• New Mexico Public Education
Department
• South Dakota Department of
Education
IV. Waivers Allowing SEAs To Approve
Schools or LEAs Identified as in Need
of Improvement To Become SES
Providers
Waivers permitting SEAs to approve a
school or LEA identified for
improvement, corrective action, or
restructuring to serve as an SES
provider.
Provisions waived: 34 CFR
200.47(b)(1)(iv)(A) and (B).
Waiver applicants:
• California Department of Education
• Illinois State Board of Education
• Montana Office of Public Instruction
• North Dakota Office of Public
Instruction
• Washington Office of the
Superintendent of Public Instruction
• Wyoming Department of Education
V. Waivers Allowing Substitution of
State Academic Standards and
Assessments
Provisions waived: Section
1111(b)(1)(B), (b)(3)(A), (b)(3)(C)(i), and
(b)(3)(C)(ii) of the ESEA, and 34 CFR
200.1(a)(1).
A. One-year waiver of the statutory
and regulatory requirements under Title
I, Part A of the ESEA that required
States to apply the same academic
content and academic achievement
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standards to, and to use the same
academic assessment for, all public
schools and public school children in
the State.
Waiver applicants:
• California Department of Education
• Connecticut State Department of
Education
• Idaho State Department of Education
• Illinois State Board of Education
• Iowa Department of Education
• Kansas State Department of Education
• Maryland State Department of
Education
• Massachusetts Department of
Elementary and Secondary Education
• Mississippi Department of Education
• Nevada Department of Education
• New York State Department of
Education
• Ohio Department of Education
• Oklahoma State Department of
Education
• Oregon Department of Education
• Rhode Island Department of
Education
• South Dakota Department of
Education
• Vermont Agency of Education
• Washington Office of the
Superintendent of Public Instruction
B. Waiver permitting students (except
those with the most significant cognitive
disabilities) to take only one assessment
in each content area in 2013–2014—
either the current State assessment or
the full form of the field test of the new
assessments aligned to college- and
career-ready standards.
Waiver applicants:
• California Department of Education
• Connecticut State Department of
Education
• Idaho State Department of Education
• Illinois State Board of Education
• Iowa Department of Education
• Maryland State Department of
Education
• Massachusetts Department of
Elementary and Secondary Education
• Nevada Department of Education
• Oregon Department of Education
• South Dakota Department of
Education
• Vermont Agency of Education
• Washington Office of the
Superintendent of Public Instruction
C. Waiver permitting the State to
assess students who were not yet
enrolled in high school but who took
advanced, high school level coursework
with the corresponding advanced, high
school level assessment alone.
Waiver applicants:
• New York State Department of
Education
• Ohio Department of Education
• Oklahoma State Department of
Education
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Education
D. Waiver permitting students with
the most significant cognitive
disabilities within the State to take only
one assessment in each content area in
2013–2014—either the current State
alternate assessments based on alternate
academic achievement standards or the
field test of new alternate assessments.
Waiver applicants:
• Idaho State Department of Education
• Kansas State Department of Education
• Mississippi Department of Education
E. Waiver permitting a State to
administer the high school exit
examination to high school students in
grade 10 and the alternate performance
assessment to students with the most
significant cognitive disabilities.
Waiver applicant:
• California Department of Education
VI. AMAO Determinations Under ESEA
Title III
One-year waiver to allow the SEA to
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.
Provision waived: Section
3122(a)(3)(A)(iii) of the ESEA.
Waiver applicants:
• Nevada Department of Education
• Oregon Department of Education
VII. Waivers Regarding Public School
Choice Notice
Allowed a State 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 were newly identified for
improvement or made AYP in the
previous year, but did not exit
improvement status.
Provisions waived: Section
1116(b)(1)(E)(i) of the ESEA and 34 CFR
200.37(b)(4)(iv).
Waiver applicant:
• Wyoming Department of Education
VIII. Waiver of Application
Requirements for the TIF Program
Waiver of two TIF requirements,
permitting: (1) LEAs to use results of
State assessments as the measure of
student growth for the performance
evaluations for teachers of tested grades
and subjects, and (2) eligibility for TIFfunded performance-based
compensation to be based on results of
evaluations that include such a measure
of student growth.
Provision waived: Priority 2 of the TIF
notice of final priorities, requirements,
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and definitions, published in the
Federal Register on June 14, 2012 (77
FR 35785).
Waiver applicants:
• Achievement First (Connecticut)
• Alliance Collins Family CollegeReady High School (California)
• Alternatives in Action High School
(California)
• Aspire Vanguard College Preparatory
Academy (California)
• Delhi Unified School District
(California)
• Lucia Mar Unified School District
(California)
• National Board for Professional
Teaching Standards (Virginia)
• New Haven Public School System
(Connecticut)
• Northern Humboldt Union High
School District (California)
• Maine School Administrative District
No. 11 (Maine)
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. 2017–21620 Filed 10–5–17; 8:45 am]
BILLING CODE 4000–01–P
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[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Notices]
[Pages 46773-46778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21620]
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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
AGENCY: Office of Elementary and Secondary Education, Department of
Education.
ACTION: Notice.
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SUMMARY: In this notice, we announce the waivers that the U.S.
Department of Education (Department) granted during calendar year 2014
under the waiver authority in 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 State-led 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.
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 2014, the Department granted waivers
through an initiative known as ESEA flexibility to 39 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
[[Page 46774]]
achievement and increase the quality of instruction. We granted:
(a) The following 10 waivers to 39 SEAs under ESEA flexibility:
1. Flexibility Regarding the 2014 Timeline for Determining Adequate
Yearly Progress (AYP);
2. Flexibility in Implementation of School Improvement
Requirements;
3. Flexibility in Implementation of Local Educational Agency (LEA)
Improvement Requirements;
4. Flexibility for Rural LEAs;
5. Flexibility for Schoolwide Programs;
6. Flexibility to Support School Improvement;
7. Flexibility for Reward Schools;
8. Flexibility Regarding Highly Qualified Teacher (HQT) Improvement
Plans;
9. Flexibility to Transfer Certain Funds; and
10. Flexibility to Use School Improvement Grant (SIG) funds to
Support Priority Schools.
In addition to waiving the 10 provisions listed above, the
Department granted three optional waivers under ESEA flexibility
related to the following:
1. Waivers of the 21st Century Community Learning Centers (21st
CCLC) requirement to provide services during non-school hours or when
school is not in session;
2. Waivers of the requirement to make AYP determinations; and
3. Waivers of requirements pertaining to Title I, Part A within-
district allocations.
(b) 67 waivers extending the period in which funds were available
for obligation: Three waivers extending the period of availability of
fiscal year (FY) 2009 SIG funds under the regular appropriation and the
American Recovery and Reinvestment Act of 2009 (ARRA); 62 waivers
extending the period of availability of FY 2010, 2011, 2012, or 2013
SIG funds; one waiver related to consolidated grant funds for Insular
Areas; and one waiver extending the period for the Mathematics and
Science Partnerships program funds;
(c) Eight waivers pertaining to SIG school eligibility requirements
and the definition of ``persistently lowest-achieving schools'';
(d) Six waivers allowing SEAs to approve schools or LEAs identified
as ``in need of improvement'' to become supplemental educational
services (SES) providers;
(e) 39 waivers of requirements related to State academic standards
or assessments: 18 waivers of the statutory and regulatory requirements
under Title I, Part A of the ESEA that required States to apply the
same academic content and academic achievement standards to, and to use
the same academic assessment for, all public schools and public school
children in the State; 13 waivers that allowed students (except those
with the most significant cognitive disabilities) to take only one
assessment in each content area in 2013-2014--either the current State
assessment or the full form of the field test of the new assessments
aligned to college- and career-ready standards; four waivers permitting
the State to assess students who were not yet enrolled in high school
but who took advanced, high school level coursework with the
corresponding advanced, high school level assessment alone; three
waivers permitting students with the most significant cognitive
disabilities within the State to take only one assessment in each
content area in 2013-2014--either the current State alternate
assessments based on alternate academic achievement standards or the
field test of new alternate assessments; and one waiver permitting a
State to administer the high school exit examination to high school
students in grade 10 and the alternate performance assessment to
students with the most significant cognitive disabilities;
(f) Two waivers of the third of three annual measureable
achievement objectives (AMAOs 3) under Title III, allowing States to
use the same targets used to determine AYP under Title I in place of
the State's AMOs;
(g) One waiver of the requirement under Title I, Part A to provide
parents notice of public school choice options at least 14 days before
the start of the school year; and
(h) 10 waivers of the Teacher Incentive Fund (TIF) program absolute
priority requirement in the notice of final priorities (NFR) that
required each TIF grantee to develop a rigorous evaluation system for
teachers and principals, and of one of the five core elements in the
NFR.
I. ESEA Flexibility Waivers
A. Flexibility Regarding the 2014 Timeline for Determining AYP
The Department waived the requirements in section 1111(b)(2)(E)-(H)
of the ESEA that prescribe how an SEA establishes AMOs for determining
AYP to ensure that all students met or exceeded the State's proficient
level of academic achievement on the State's assessments in reading/
language arts and mathematics no later than the end of the 2013--2014
school year. Under this waiver, an SEA no longer needed to follow the
statutory procedures for setting AMOs to use in determining AYP.
Instead, an SEA had flexibility to develop new ambitious but achievable
AMOs in reading/language arts and mathematics in order to provide
meaningful goals to guide support and improvement efforts for the
State, LEAs, schools, and student subgroups.
Provisions waived: Section 1111(b)(2)(E)-(H) of the ESEA.
B. Flexibility in Implementation of School Improvement Requirements
The Department waived the requirements in section 1116(b) of the
ESEA for an LEA to identify for improvement, corrective action, or
restructuring, as appropriate, a Title I school that failed, for two
consecutive years or more, to make AYP, and for a school so identified
and its LEA to take certain improvement actions. Under this waiver, an
LEA was no longer required to identify respective Title I schools for
improvement, corrective action, or restructuring, and neither the LEA
nor its schools were required to take statutorily required improvement
actions, including providing public school choice and supplemental
educational services (SES) to eligible students. An LEA was also exempt
from administrative and reporting requirements related to school
improvement.
Provision waived: Section 1116(b) of the ESEA, except that (b)(13)
was not waived.
C. Flexibility in Implementation of LEA Improvement
The Department waived the requirements in section 1116(c) of the
ESEA for an SEA to identify for improvement or corrective action, as
appropriate, an LEA that, for two consecutive years or more, failed to
make AYP, and neither the LEA nor the SEA was required to take
statutorily required improvement actions. An LEA was also exempt from
associated administrative and reporting requirements related to LEA
improvement.
Provisions waived: Section 1116(c)(3) and (5)-(11) of the ESEA.
D. Flexibility for Rural LEAs
The Department waived the requirements in sections 6213(b) and
6224(e) of the ESEA that limited participation in, and use of funds
under, the Small, Rural School Achievement (SRSA) and Rural and Low-
Income School (RLIS) programs based on whether an LEA made AYP and was
complying with the requirements in section 1116 of the ESEA. Under the
waiver, an LEA that received SRSA or RLIS funds had flexibility to use
those
[[Page 46775]]
funds for any authorized purpose regardless of the LEA's AYP status.
Provisions waived: Sections 6213(b) and 6224(e) of the ESEA.
E. Flexibility for Schoolwide Programs
The Department waived the requirement in section 1114(a)(1) of the
ESEA that a school have a poverty percentage of 40 percent or more in
order to operate a schoolwide program. Under this waiver, an LEA had
flexibility to operate a schoolwide program in a Title I school that
did not meet the 40 percent poverty threshold if the SEA identified the
school as a priority school or a focus school, and the LEA implemented
interventions consistent with the turnaround principles or
interventions that were based on the needs of the students in the
school and designed to enhance the entire educational program in the
school, as appropriate.
Provision waived: Section 1114(a)(1) of the ESEA.
F. Flexibility To Support School Improvement
The Department waived the requirement in section 1003(a) of the
ESEA for an SEA to distribute funds reserved under that section only to
LEAs with schools identified for improvement, corrective action, or
restructuring. Under this waiver, an SEA had flexibility to allocate
ESEA section 1003(a) funds to an LEA in order to serve any priority or
focus school, if the SEA determined such school was most in need of
additional support.
Provision waived: Section 1003(a) of the ESEA.
G. Flexibility for Reward Schools
The Department waived the provision in section 1117(c)(2)(A) of the
ESEA that authorized an SEA to reserve Title I, Part A funds to reward
a Title I school that (1) significantly closed the achievement gap
between subgroups in the school; or (2) exceeded AYP for two or more
consecutive years. Under this waiver, an SEA had flexibility to use
funds reserved under section 1117(c)(2)(A) of the ESEA to provide
financial rewards to any reward school, if the SEA determined such
school was most appropriate to receive a financial reward.
Provision waived: Section 1117(b)(1)(B) of the ESEA.
H. Flexibility Regarding HQT Improvement Plans
The Department waived the requirements in section 2141(a) through
(c) of the ESEA for an LEA and SEA to comply with certain requirements
for improvement plans regarding highly qualified teachers. Under the
waiver, an LEA that did not meet its HQT target did not have to develop
an improvement plan under section 2141 of the ESEA and had flexibility
in how it used its Title I and Title II funds. An SEA was exempt from
the requirements regarding its role in the implementation of those
plans, including the requirement that it enter into agreements with
LEAs on the use of funds and the requirement that it provide technical
assistance to LEAs on their plans.
Provisions waived: Section 2141(a)-(c) of the ESEA.
I. Flexibility To Transfer Certain Funds
The Department waived the limitations in section 6123 of the ESEA
that limited the amount of funds an SEA or LEA may transfer from
certain ESEA programs to other ESEA programs. Under this waiver, an SEA
and its LEAs had flexibility to transfer up to 100 percent of the funds
received under the authorized programs among those programs and into
Title I, Part A. Moreover, to minimize burden at the State and local
levels, the SEA was not required to notify the Department, and its
participating LEAs were not required to notify the SEA, prior to
transferring funds.
Provisions waived: Section 6123(a), (b)(1), (d), and (e)(1) of the
ESEA.
J. Flexibility To Use SIG Funds To Support Priority Schools
The Department waived the requirements in section 1003(g)(4) of the
ESEA and the definition of a Tier I school in Section I.A.3 of the SIG
final requirements. Under this waiver, an SEA had flexibility to award
SIG funds available under section 1003(g) of the ESEA to an LEA to
implement one of the four SIG models in any priority school.
Provisions waived: Section 1003(g)(4) of the ESEA and section I.A.3
of the notice of final requirements for SIG Grants, published in the
Federal Register on October 28, 2010 (74 FR 65618).
Waiver applicants:
Alabama State Board of Education
Arizona Department of Education
Arkansas Department of Education
Colorado Department of Education
Delaware 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
Idaho State Department of Education
Illinois State Board of Education
Indiana Department of Education
Kansas State Department of Education
Kentucky Department of Education
Louisiana 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
Nevada Department of Education
New Jersey Department of Education
New Mexico Public Education Department
New York State Education Department
North Carolina Department of Public Instruction
Ohio Department of Education
Oklahoma State Department of Education
Oregon Department of Education
Pennsylvania Department of Education
Puerto Rico 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
Wisconsin Department of Public Instruction
K. Flexibility in the Use of 21st CCLC Program Funds
The Department waived requirements in sections 4201(b)(1)(A) and
4204(b)(2)(A) of the ESEA that restricted the activities provided by a
community learning center under the 21st CCLC program to activities
provided only during non-school hours or periods when school was not in
session (i.e., before and after school or during summer recess). Under
this waiver, an SEA had 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 was not in session.
Provisions waived: Section 4201(b)(1)(A) and 4204(b)(2)(A) of the
ESEA.
Waiver applicants:
Alabama State Board of Education
Arizona Department of Education
Arkansas Department of Education
Colorado Department of Education
Delaware Department of Education
[[Page 46776]]
District of Columbia Office of the State Superintendent of
Education
Florida Department of Education
Georgia Department of Education
Hawaii State Department of Education
Idaho State Department of Education
Illinois State Board of Education
Indiana Department of Education
Kansas State Department of Education
Kentucky Department of Education
Louisiana 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
Nevada Department of Education
New Jersey Department of Education
New Mexico Public Education Department
New York State Education Department
North Carolina Department of Public Instruction
Ohio Department of Education
Oklahoma State Department of Education
Oregon Department of Education
Pennsylvania Department of Education
Puerto Rico 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
Wisconsin Department of Public Instruction
L. Flexibility Regarding Making AYP Determinations
The Department waived the requirements in section 1116(a)(1)(A)-(B)
and (c)(1)(A) of the ESEA that required LEAs and SEAs to make
determinations of AYP for schools and LEAs, respectively. Instead, an
SEA and its LEAs had to report on their report cards performance
against the AMOs for all subgroups identified in section
1111(b)(2)(C)(v) of the ESEA, and use performance against the AMOs to
support continuous improvement in Title I schools.
Provisions waived: Section 1116(a)(1)(A)-(B) and (c)(1)(A) of the
ESEA.
Waiver applicants:
Alabama State Board of Education
Arizona Department of Education
Arkansas Department of Education
Colorado Department of Education
Delaware 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
Idaho State Department of Education
Illinois State Board of Education
Indiana Department of Education
Kansas State Department of Education
Kentucky Department of Education
Louisiana 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
Nevada Department of Education
New Jersey Department of Education
New Mexico Public Education Department
New York State Education Department
North Carolina Department of Public Instruction
Ohio Department of Education
Oklahoma State Department of Education
Oregon Department of Education
Pennsylvania Department of Education
Puerto Rico 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
Wisconsin Department of Public Instruction
M. Flexibility Regarding Within-District Title I Allocations
The Department waived the requirements in section 1113(a)(3)-(4) of
the ESEA that required an LEA to serve eligible schools under Title I
in rank order of poverty and to allocate Title I, Part A funds based on
that rank ordering. Under this waiver, an LEA had flexibility 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 did not rank sufficiently high to be served based solely
on the school's poverty rate.
Provisions waived: Section 1113(a)(3)-(4) and (c)(1) of the ESEA.
Waiver applicants:
Alabama State Board of Education
Arizona Department of Education
Arkansas Department of Education
Colorado Department of Education
Delaware 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
Idaho State Department of Education
Illinois State Board of Education
Indiana Department of Education
Kansas State Department of Education
Kentucky Department of Education
Louisiana 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
Nevada Department of Education
New Jersey Department of Education
New Mexico Public Education Department
New York State Education Department
North Carolina Department of Public Instruction
Ohio Department of Education
Oklahoma State Department of Education
Oregon Department of Education
Pennsylvania Department of Education
Puerto Rico 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
Wisconsin Department of Public Instruction
II. Extensions of the Obligation Period
A. Waivers to extend the period of availability of SIG ARRA funds.
Extended the period of availability of FY 2009 SIG funds awarded
under Public Law 111-5, ARRA.
Provision waived: Tydings Amendment, section 421(b) of the General
Education Provisions Act (GEPA) (20 U.S.C. 1225(b)).
Waiver applicants:
Georgia Department of Education
New York State Education Department
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Texas Education Agency
B. Waivers to extend the period of availability of SIG funds.
1. Extended the period of availability of FY 2009 SIG funds awarded
under section 1003(g) of the ESEA.
Provision waived: Tydings Amendment, section 421(b) of GEPA (20
U.S.C. 1225(b)).
Waiver applicants:
Georgia Department of Education
New York State Education Department
Texas Education Agency
2. Extended the period of availability of FY 2010 SIG funds awarded
under section 1003(g) of the ESEA.
Provision waived: Tydings Amendment, section 421(b) of GEPA (20
U.S.C. 1225(b)).
Waiver applicants:
Arkansas Department of Education
Idaho State Department of Education
Illinois State Board of Education
Iowa Department of Education
Louisiana Department of Education
Mississippi Department of Education
Nebraska Department of Education
New Hampshire Department of Education
New Jersey Department of Education
New Mexico Public Education Department
New York State Education Department
Oklahoma State Department of Education
Texas Education Agency
3. Extended the period of availability of FY 2011 SIG funds awarded
under section 1003(g) of the ESEA.
Provision waived: Tydings Amendment, section 421(b) of GEPA (20
U.S.C. 1225(b)).
Waiver applicants:
Delaware Department of Education
Hawaii State Department of Education
Maine Department of Education
Michigan Department of Education
Minnesota Department of Education
Mississippi Department of Education
New Jersey Department of Education
Pennsylvania Department of Education
Puerto Rico Department of Education
Rhode Island Department of Education
Tennessee Department of Education
Wisconsin Department of Public Instruction
4. Extended the period of availability of FY 2012 SIG funds awarded
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 Board of Education
Arizona Department of Education
California Department of Education
Florida Department of Education
Hawaii State Department of Education
Illinois State Board of Education
Iowa Department of Education
Maine Department of Education
Maryland State Department of Education
Michigan Department of Education
Minnesota Department of Education
Mississippi Department of Education
Missouri Department of Elementary and Secondary Education
New Hampshire Department of Education
New Jersey Department of Education
New Mexico Public Education Department
New York State Education Department
North Dakota Department of Public Instruction
Ohio Department of Education
Oklahoma State Department of Education
Oregon Department of Education
Pennsylvania Department of Education
Puerto Rico 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
West Virginia Department of Education
Wisconsin Department of Public Instruction
5. Extended the period of availability of FY 2013 SIG funds awarded
under section 1003(g) of the ESEA.
Provision waived: Tydings Amendment, section 421(b) of GEPA (20
U.S.C. 1225(b)).
Waiver applicants:
Alaska Department of Education and Early Development
Tennessee Department of Education
Wisconsin Department of Public Instruction
C. Waiver to extend the period of availability of FY 2012 funds
received under section 1003(g) of the ESEA and included in Consolidated
Grant funds for Insular Areas.
Provision waived: Tydings Amendment, section 421(b) of GEPA (20
U.S.C. 1225(b)).
Waiver applicant:
Virgin Islands Department of Education
D. Waiver to extend the period of availability of FY 2012 funds for
the Mathematics and Science Partnerships program awarded 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 School Eligibility Requirements and Definition of
``Persistently Lowest-Achieving Schools''
Waivers to replace the list of Tier I, Tier II, and Tier III
schools with the State's list of priority schools and to replace the
definition of ``persistently lowest-achieving schools'' with the
State's definition of ``priority schools.''
Provisions waived: Sections I.A.1 and I.A.3 of the SIG final
requirements, 75 FR 66363.
Waiver applicants:
California Department of Education
Connecticut State Department of Education
Delaware Department of Education
Florida Department of Education
Idaho State Department of Education
Illinois State Board of Education
New Mexico Public Education Department
South Dakota Department of Education
IV. Waivers Allowing SEAs To Approve Schools or LEAs Identified as in
Need of Improvement To Become SES Providers
Waivers permitting SEAs to approve a school or LEA identified for
improvement, corrective action, or restructuring to serve as an SES
provider.
Provisions waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
Waiver applicants:
California Department of Education
Illinois State Board of Education
Montana Office of Public Instruction
North Dakota Office of Public Instruction
Washington Office of the Superintendent of Public Instruction
Wyoming Department of Education
V. Waivers Allowing Substitution of State Academic Standards and
Assessments
Provisions waived: Section 1111(b)(1)(B), (b)(3)(A), (b)(3)(C)(i),
and (b)(3)(C)(ii) of the ESEA, and 34 CFR 200.1(a)(1).
A. One-year waiver of the statutory and regulatory requirements
under Title I, Part A of the ESEA that required States to apply the
same academic content and academic achievement
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standards to, and to use the same academic assessment for, all public
schools and public school children in the State.
Waiver applicants:
California Department of Education
Connecticut State Department of Education
Idaho State Department of Education
Illinois State Board of Education
Iowa Department of Education
Kansas State Department of Education
Maryland State Department of Education
Massachusetts Department of Elementary and Secondary Education
Mississippi Department of Education
Nevada Department of Education
New York State Department of Education
Ohio Department of Education
