Notice of Waivers Granted Under Section 9401 of the Elementary and Secondary Education Act of 1965, as Amended, 46773-46778 [2017-21620]

Download as PDF asabaliauskas on DSKBBXCHB2PROD with NOTICES Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices handicap accessible. Wheelchair access is available in front at the main entrance of the building. For additional information about public access procedures, contact Mr. Procell at the email address or telephone number listed in the FOR FURTHER INFORMATION CONTACT section. Written Comments and Statements: Pursuant to 41 CFR 102–3.105(j) and 102–3.140 and section 10(a)(3) of the Federal Advisory Committee Act, the public or interested organizations may submit written comments or statements to the Committee, in response to the stated agenda of the open meeting or in regard to the Committee’s mission in general. Written comments or statements should be submitted to Mr. Procell, via electronic mail, the preferred mode of submission, at the address listed in the FOR FURTHER INFORMATION CONTACT section. Each page of the comment or statement must include the author’s name, title or affiliation, address, and daytime phone number. Written comments or statements being submitted in response to the agenda set forth in this notice must be received at least seven business days prior to the meeting to be considered by the Committee. The Designated Federal Officer will review all timely submitted written comments or statements with the Committee Chairperson, and ensure the comments are provided to all members of the Committee before the meeting. Written comments or statements received after this date may not be provided to the Committee until its next meeting. Pursuant to 41 CFR 102–3.140d, the Committee is not obligated to allow a member of the public to speak or otherwise address the Committee during the meeting. Members of the public will be permitted to make verbal comments during the Committee meeting only at the time and in the manner described below. If a member of the public is interested in making a verbal comment at the open meeting, that individual must submit a request, with a brief statement of the subject matter to be addressed by the comment, at least three (3) business days in advance to Mr. Procell, via electronic mail, the preferred mode of submission, at the address listed in the FOR FURTHER INFORMATION CONTACT section. Requests will be logged in the order received. The Designated Federal Officer in consultation with the Committee Chair will determine whether the subject matter of each comment is relevant to the Committee’s mission and/or the topics to be addressed in this public meeting. A 30-minute period between VerDate Sep<11>2014 18:40 Oct 05, 2017 Jkt 244001 46773 10:30 to 11:00 a.m. will be available for verbal public comments. Members of the public who have requested to make a verbal comment and whose comments have been deemed relevant under the process described above, will be allotted no more than three (3) minutes during this period, and will be invited to speak in the order in which their requests were received. 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 http:// 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: PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 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: E:\FR\FM\06OCN1.SGM 06OCN1 asabaliauskas on DSKBBXCHB2PROD with NOTICES 46774 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices 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 VerDate Sep<11>2014 18:40 Oct 05, 2017 Jkt 244001 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 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 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 E:\FR\FM\06OCN1.SGM 06OCN1 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices 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. asabaliauskas on DSKBBXCHB2PROD with NOTICES 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 VerDate Sep<11>2014 18:40 Oct 05, 2017 Jkt 244001 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 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 • • • • • • • • • • • • • • • • • • • • • • • • • • • • 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 E:\FR\FM\06OCN1.SGM 06OCN1 46776 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices • 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 asabaliauskas on DSKBBXCHB2PROD with NOTICES 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 VerDate Sep<11>2014 18:40 Oct 05, 2017 Jkt 244001 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 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. PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 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 E:\FR\FM\06OCN1.SGM 06OCN1 asabaliauskas on DSKBBXCHB2PROD with NOTICES Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices • 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: VerDate Sep<11>2014 18:40 Oct 05, 2017 Jkt 244001 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 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 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 46777 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 E:\FR\FM\06OCN1.SGM 06OCN1 asabaliauskas on DSKBBXCHB2PROD with NOTICES 46778 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices 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 VerDate Sep<11>2014 18:40 Oct 05, 2017 Jkt 244001 • Rhode Island Department of 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, PO 00000 Frm 00026 Fmt 4703 Sfmt 9990 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 E:\FR\FM\06OCN1.SGM 06OCN1

Agencies

[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

[[Page 46777]]

 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

[[Page 46778]]

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
 Rhode Island Department of 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 TIF-funded 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, and definitions, published in the Federal Register on 
June 14, 2012 (77 FR 35785).
    Waiver applicants:

 Achievement First (Connecticut)
 Alliance Collins Family College-Ready 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)

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    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