Notice of Waivers Granted Under Section 9401 of the Elementary and Secondary Education Act of 1965, as Amended, 46783-46790 [2017-21621]
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School students annually in reading/
language arts, mathematics, and science
for the 2009–2010 school year.
4. Waiver applicant: West Virginia
Department of Education
• Provisions waived: Section
1111(b)(3)(A) of the ESEA; 34 CFR
200.2(a)(1).
• Date waiver granted: August 1,
2011.
• Description of waiver: A one-year
waiver of the requirement to assess
students in reading/language arts,
mathematics, and science at Kenova
Elementary School, which closed during
the spring 2011 testing window because
of structural safety issues caused by
flooding.
B. Waivers of the State Requirements
to Use the Same Academic
Measurement Assessments to Measure
the Achievement of All Students and to
Determine AYP.
Provisions waived: Section
1111(b)(3)(A) and (b)(3)(C)(i) of the
ESEA; 34 CFR 200.2(b)(1).
Waiver applicants and approved
dates:
• Kansas Department of Education,
April 5, 2011 (a one-year waiver with
respect to McPherson Unified School
District of the statutory and regulatory
requirements under Title I, Part A of the
ESEA that required the State to use the
same academic assessments to measure
the achievement of all students and to
determine AYP); and
• Washington Office of the
Superintendent of Public Instruction,
June 30, 2011. A one-year waiver of the
statutory and regulatory requirements
under Title I, Part A of the ESEA that
required the State to use the same
academic assessments to measure the
achievement of all students and to
determine AYP.
C. Waivers of the Requirement to
Include All Students Enrolled at the
Time of Testing in the Participation
Rate Calculations.
1. Waiver applicant: Florida
Department of Education
• Provisions waived: Section
1111(b)(2)(I)(ii) of the ESEA; 34 CFR
200.20(c)(1)(i).
• Date waiver granted: January 19,
2011.
• Description of waiver: A waiver of
the requirement to include all students
enrolled at the time of testing in the
participation rate calculations used to
determine AYP. This waiver authorized
Florida to exclude students who took
Algebra I as 6th, 7th, or 8th graders
during school years 2007–2008 through
2009–2010 from participation rate
calculations used in determining AYP
based on assessment results from the
relevant school year.
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VI. Waivers of Eligible School
Attendance Area Requirements
A. Waivers of Requirements for
Determining Eligible School Attendance
Areas.
1. Waiver applicant: Keene School
District
• Provision waived: Section
1113(a)(2)(B) of the ESEA.
• Date waiver granted: June 29, 2011.
• Description of waiver: A waiver for
four years, beginning in school year
2011–2012, of the requirements
concerning Title I school eligibility to
ensure continuity of Title I services for
eligible children in Daniels Elementary
School and Symonds Elementary
School. This waiver enabled both
schools to continue offering Title I
programs to their eligible students
without the interruption caused by
small demographic changes that affected
eligibility for Title I.
B. Waiver of the Limitation on
Reserving Funds for Financial
Incentives and Rewards.
1. Waiver applicant: Hillsborough
County Public Schools
• Provision waived: Section
1113(c)(4) of the ESEA.
• Date waiver granted: August 1,
2011.
• Description of waiver: A one-year
waiver of the 5 percent cap on the
amount of Title I funds that an LEA
reserve for financial incentives and
awards so that Hillsborough County
Public Schools could reserve up to 8.8
percent of their FY 2011 Title I, Part A
allocation for such purposes.
VII. Waiver of the Requirements for
Schoolwide Programs
A. Waiver of the 40 Percent Poverty
Threshold for Schoolwide Programs.
1. Waiver applicant: Aberdeen Public
School District 6–1
• Provision waived: Section
1114(a)(1) of the ESEA.
• Date waiver granted: November 4,
2011.
• Description of waiver: A waiver to
allow Simmons Elementary School to
operate a schoolwide program even
though its percentage of students from
low-income families was less than 40
percent, effective for four years or until
the reauthorization of the ESEA,
whichever came first.
VIII. Waivers Regarding Teacher
Incentive Fund (TIF) Requirements
A. Waiver of Application
Requirements for the TIF Program.
1. Waiver applicant: Community
Training and Assistance Center
• Provision waived: Section 9401 of
the ESEA.
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46783
• Date waiver granted: July 11, 2011.
• Description of waiver: Waiver of
two requirements of TIF: (1) Absolute
Priority 1 in the NIA that required each
TIF grantee to develop a rigorous
evaluation system for teachers and
principals that took into account
student growth as a significant measure
and multiple classroom observations;
and (2) one of the required five core
elements in the NIA, each of which was
to have been in place before a grantee
could make incentive payments using
TIF funds (75 FR 28741).
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
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You may also access documents of the
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Specifically, through the advanced
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the Department.
Dated: October 3, 2017.
Jason Botel,
Acting Assistant Secretary for Elementary and
Secondary Education.
[FR Doc. 2017–21622 Filed 10–5–17; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF EDUCATION
Notice of Waivers Granted Under
Section 9401 of the Elementary and
Secondary Education Act of 1965, as
Amended
Office of Elementary and
Secondary Education, Department of
Education.
ACTION: Notice.
AGENCY:
In this notice, we announce
the waivers that the U.S. Department of
Education (Department) granted during
calendar year 2013 under the waiver
authority of the Elementary and
SUMMARY:
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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
2013.
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.
FOR FURTHER INFORMATION CONTACT:
In 2013,
the Department granted waivers through
an initiative known as ESEA flexibility
to 45 States under the waiver authority
in section 9401 of the ESEA, in
exchange for a rigorous and
comprehensive State-developed plan
designed to improve student academic
achievement and increase the quality of
instruction.1 The Department also
granted individual waivers to certain
States under the waiver authority in
section 9401 of the ESEA.
We granted:
(a) ESEA Flexibility: The Department
granted the following ten waivers to 45
SEAs under ESEA flexibility:
1. Flexibility Regarding the 2013–
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;
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SUPPLEMENTARY INFORMATION:
1 Additional information regarding ESEA
flexibility can be found at: https://www2.ed.gov/
policy/elsec/guid/esea-flexibility/.
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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 ten
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) 119 waivers extending the period
in which funds were available for
obligation: 30 waivers extending the
period for State-administered ESEA
formula grant programs that received
fiscal year (FY) 2011 funds under the
regular appropriation or FY 2009 funds
under the American Recovery and
Reinvestment Act (ARRA), one waiver
extending the period for the 21st CCLC,
84 waivers for school improvement
activities, and four waivers extending
the period for the Striving Readers
Comprehensive Literacy Formula Grant
Program funds;
(c) Three waivers allowing SEAs to
approve schools or LEAs identified as in
need of improvement to become
supplemental educational services (SES)
providers;
(d) Two waivers pertaining to school
eligibility requirements and the
definition of persistently lowestachieving schools;
(e) Eight waivers of requirements
related to State academic standards or
assessments: Three waivers allowing
extensions of the growth model pilot;
four waivers related to the substitution
of standards or assessments; and one
waiver permitting the use of annual
measureable achievement objectives
(AMOs) to make AYP determination
based on assessments administered the
previous year;
(f) 45 waivers allowing SEAs to waive
the carryover limitation more than once
every three years for their Title I, Part
A allocation; and
(g) One waiver of the requirement that
an LEA provide parents of eligible
students with notice of their public
school choice options at least 14 days
before the start of school year.
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I. ESEA Flexibility Waivers
A. Flexibility Regarding the 2013–2014
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.
Waiver Applicants:
• Alabama State Department of
Education
• Alaska Department of Education and
Early Development
• Arizona Department of Education
• Georgia Department of Education
• Hawaii State Department of Education
• Kansas State Department of Education
• Maine Department of Education
• Nevada Department of Education
• New Hampshire Department of
Education
• Ohio Department of Education
• Oregon Department of Education
• Pennsylvania Department of
Education
• Puerto Rico Department of Education
• Texas Education Agency
• Washington Office of the
Superintendent of Public Instruction
• West Virginia Department of
Education
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 SES to eligible
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students. An LEA was also exempt from
administrative and reporting
requirements related to school
improvement.
Waiver Applicants:
• Alabama State Department of
Education
• Alaska Department of Education and
Early Development
• Arizona Department of Education
• Georgia Department of Education
• Hawaii State Department of Education
• Kansas State Department of Education
• Maine Department of Education
• Nevada Department of Education
• New Hampshire Department of
Education
• Ohio Department of Education
• Oregon Department of Education
• Pennsylvania Department of
Education
• Puerto Rico Department of Education
• Texas Education Agency
• Washington Office of the
Superintendent of Public Instruction
• West Virginia Department of
Education
• San Francisco Unified School District
(California)
• Los Angeles Unified School District
(California)
• Fresno Unified School District
(California)
• Sanger Unified School District
(California)
• Santa Ana Unified School District
(California)
• Sacramento City Unified School
District (California)
• Long Beach Unified School District
(California)
• Oakland Unified School District
(California)
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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.
Waiver Applicants:
• Alabama State Department of
Education
• Alaska Department of Education and
Early Development
• Arizona Department of Education
• Georgia Department of Education
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•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Hawaii State Department of Education
Kansas State Department of Education
Maine Department of Education
Nevada Department of Education
New Hampshire Department of
Education
Ohio Department of Education
Oregon Department of Education
Pennsylvania Department of
Education
Puerto Rico Department of Education
Texas Education Agency
Washington Office of the
Superintendent of Public Instruction
West Virginia Department of
Education
San Francisco Unified School District
(California)
Los Angeles Unified School District
(California)
Fresno Unified School District
(California)
Sanger Unified School District
(California)
Santa Ana Unified School District
(California)
Sacramento City Unified School
District (California)
Long Beach Unified School District
(California)
Oakland Unified School District
(California)
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 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
funds for any authorized purpose
regardless of the LEA’s AYP status.
Provisions waived: Sections 6213(b)
and 6224(e) of the ESEA.
Waiver Applicants:
• Alabama State Department of
Education
• Alaska Department of Education and
Early Development
• Arizona Department of Education
• Georgia Department of Education
• Kansas State Department of Education
• Maine Department of Education
• Nevada Department of Education
• New Hampshire Department of
Education
• Ohio Department of Education
• Oregon Department of Education
• Pennsylvania Department of
Education
• Puerto Rico Department of Education
• Texas Education Agency
• Washington Office of the
Superintendent of Public Instruction
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• West Virginia Department of
Education
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.
Waiver Applicants:
• Alabama State Department of
Education
• Alaska Department of Education and
Early Development
• Arizona Department of Education
• Georgia Department of Education
• Hawaii State Department of Education
• Kansas State Department of Education
• Maine Department of Education
• Nevada Department of Education
• New Hampshire Department of
Education
• Ohio Department of Education
• Oregon Department of Education
• Pennsylvania Department of
Education
• Puerto Rico Department of Education
• Texas Education Agency
• Washington Office of the
Superintendent of Public Instruction
• West Virginia Department of
Education
• San Francisco Unified School District
(California)
• Los Angeles Unified School District
(California)
• Fresno Unified School District
(California)
• Sanger Unified School District
(California)
• Santa Ana Unified School District
(California)
• Sacramento City Unified School
District (California)
• Long Beach Unified School District
(California)
• Oakland Unified School District
(California)
F. Flexibility To Support School
Improvement
The Department waived the
requirement in section 1003(a) of the
ESEA for an SEA to distribute funds
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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.
Waiver Applicants:
• Alabama State Department of
Education
• Alaska Department of Education and
Early Development
• Arizona Department of Education
• Georgia State Department of
Education
• Hawaii State Department of Education
• Kansas State Department of Education
• Maine Department of Education
• Nevada Department of Education
• New Hampshire Department of
Education
• Ohio Department of Education
• Oregon Department of Education
• Pennsylvania Department of
Education
• Puerto Rico Department of Education
• Texas Education Agency
• Washington Office of the
Superintendent of Public Instruction
• West Virginia Department of
Education
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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.
Waiver Applicants:
• Alabama State Department of
Education
• Alaska Department of Education and
Early Learning Development
• Arizona Department of Education
• Georgia Department of Education
• Hawaii State Department of Education
• Kansas State Department of Education
• Maine Department of Education
• Nevada Department of Education
• New Hampshire Department of
Education
• Ohio Department of Education
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• Oregon Department of Education
• Pennsylvania Department of
Education
• Puerto Rico Department of Education
• Texas Education Agency
• Washington Office of the
Superintendent of Public Instruction
• West Virginia Department of
Education
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. This flexibility allowed an
SEA and LEA to focus on developing
and implementing more meaningful
evaluation and support systems.
Provisions waived: Section 2141(a)–
(c) of the ESEA.
Waiver Applicants:
• Alabama State Department of
Education
• Alaska Department of Education and
Early Development
• Arizona Department of Education
• Georgia Department of Education
• Hawaii State Department of Education
• Kansas State Department of Education
• Maine Department of Education
• Nevada Department of Education
• New Hampshire Department of
Education
• Ohio Department of Education
• Oregon Department of Education
• Pennsylvania Department of
Education
• Puerto Rico Department of Education
• Texas Education Agency
• Washington Office of the
Superintendent of Public Instruction
• West Virginia Department of
Education
• San Francisco Unified School District
(California)
• Los Angeles Unified School District
(California)
• Fresno Unified School District
(California)
• Sanger Unified School District
(California)
• Santa Ana Unified School District
(California)
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• Sacramento City Unified School
District (California)
• Long Beach Unified School District
(California)
• Oakland Unified School District
(California)
II. 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
programs. 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.
Waiver Applicants:
• Alabama State Department of
Education
• Alaska Department of Education and
Early Development
• Arizona Department of Education
• Georgia Department of Education
• Hawaii State Department of Education
• Kansas State Department of Education
• Maine Department of Education
• Nevada Department of Education
• New Hampshire Department of
Education
• Ohio Department of Education
• Oregon Department of Education
• Pennsylvania Department of
Education
• Puerto Rico Department of Education
• Texas Education Agency
• Washington Office of the
Superintendent of Public Instruction
• West Virginia Department of
Education
• San Francisco Unified School District
(California)
• Los Angeles Unified School District
(California)
• Fresno Unified School District
(California)
• Sanger Unified School District
(California)
• Santa Ana Unified School District
(California)
• Sacramento City Unified School
District (California)
• Long Beach Unified School District
(California)
• Oakland Unified School District
(California)
A. Flexibility To Use SIG Funds To
Support Priority Schools
The Department waived the
requirements in section 1003(g)(4) of the
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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.
Provision waived: Section 1003(g)(4)
of the ESEA and Section I.A.3 of the SIG
final requirements (74 FR 65618).
Waiver Applicants:
• Alabama State Department of
Education
• Alaska Department of Education and
Early Development
• Arizona Department of Education
• Georgia Department of Education
• Hawaii State Department of Education
• Idaho State Department of Education
• Kansas State Department of Education
• Maine Department of Education
• Nevada Department of Education
• New Hampshire Department of
Education
• New Jersey Department of Education
• Ohio Department of Education
• Oregon Department of Education
• Pennsylvania Department of
Education
• Puerto Rico Department of Education
• Texas Education Agency
• Washington Office of the
Superintendent of Public Instruction
• West Virginia Department of
Education
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B. 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: Sections
4201(b)(1)(A) and 4204(b)(2)(A) of the
ESEA.
Waiver Applicants:
• Alabama State Department of
Education
• Arizona Department of Education
• Georgia Department of Education
• Hawaii State Department of Education
• Kansas State Department of Education
• Maine Department of Education
• Nevada Department of Education
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• Ohio Department of Education
• Oregon Department of Education
• Pennsylvania Department of
Education
• Puerto Rico Department of Education
• Texas Education Agency
• Washington Office of the
Superintendent of Public Instruction
• West Virginia Department of
Education
C. 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 Department of
Education
• Alaska Department of Education and
Early Development
• Arizona Department of Education
• Georgia Department of Education
• Hawaii State Department of Education
• Kansas State Department of Education
• Maine Department of Education
• Nevada Department of Education
• New Hampshire Department of
Education
• Ohio Department of Education
• Oregon Department of Education
• Pennsylvania Department of
Education
• Puerto Rico Department of Education
• Texas Education Agency
• Washington Office of the
Superintendent of Public Instruction
• West Virginia Department of
Education
D. 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.
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Provisions waived: Section
1113(a)(3)–(4) and (c)(1) of the ESEA.
Waiver Applicants:
• Alabama State Department of
Education
• Arizona Department of Education
• Georgia Department of Education
• Hawaii State Department of Education
• Kansas State Department of Education
• Maine Department of Education
• Maryland State Department of
Education
• Nevada Department of Education
• New Hampshire Department of
Education
• Ohio Department of Education
• Oregon Department of Education
• Pennsylvania Department of
Education
• Puerto Rico Department of Education
• Texas Education Agency
• Washington Office of the
Superintendent of Public Instruction
• West Virginia Department of
Education
• San Francisco Unified School District
(California)
• Los Angeles Unified School District
(California)
• Fresno Unified School District
(California)
• Sanger Unified School District
(California)
• Santa Ana Unified School District
(California)
• Sacramento City Unified School
District (California)
• Long Beach Unified School District
(California)
• Oakland Unified School District
(California)
III. Extensions of the Obligation Period
A. The Department granted waivers
for ESEA State-administered formula
grant programs extending until
September 30, 2014, the period of
availability for FY 2011 Title I, Part A
funds reserved for school improvement
activities under section 1003(a) of the
ESEA.
Provision waived: Tydings
Amendment, section 421(b) of the
General Education Provisions Act
(GEPA) (20 U.S.C. 1225(b)).
Waiver Applicants:
• Maryland State Department of
Education
• New York State Department of
Education
• Ohio Department of Education
• Oklahoma State Department of
Education
• Rhode Island Department of
Education
• Virginia Department of Education
B. The Department granted waivers
for ESEA State-administered formula
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grant programs extending until
September 30, 2014, the period of
availability of FY 2009 Title I, Part A
program funds awarded under ARRA.
Provision waived: Tydings
Amendment, section 421(b) of GEPA (20
U.S.C. 1225(b)).
Waiver Applicants:
• Alabama State Department of
Education
• Arizona Department of Education
• Arkansas Department of Education
• California Department of Education
• Colorado Department of Education
• Florida Department of Education
• Iowa Department of Education
• Kentucky Department of Education
• Maine Department of Education
• Maryland State Department of
Education
• Massachusetts Department of
Elementary and Secondary Education
• Minnesota Department of Education
• Montana Office of Public Instruction
• Nebraska Department of Education
• New Hampshire Department of
Education
• New Jersey Department of Education
• New Mexico Public Education
Department
• Oregon Department of Education
• Pennsylvania Department of
Education
• Rhode Island Department of
Education
• South Carolina Department of
Education
• Tennessee Department of Education
• Texas Education Agency
• West Virginia Department of
Education
C. Waivers extending the period of
availability of SIG program funds
awarded under section 1003(g) of the
ESEA.
1. Extended the period of availability
of FY 2009 SIG funds until September
30, 2014.
Provision waived: Tydings
Amendment, section 421(b) of GEPA.
Waiver Applicants:
• Alabama State Department of
Education
• Arizona Department of Education
• Arkansas Department of Education
• California Department of Education
• Colorado Department of Education
• Florida Department of Education
• Iowa Department of Education
• Kentucky Department of Education
• Maine Department of Education
• Maryland State Department of
Education
• Massachusetts Department of
Elementary and Secondary Education
• Minnesota Department of Education
• Montana Office of Public Instruction
• Nebraska Department of Education
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• New Hampshire Department of
Education
• New Jersey Department of Education
• New Mexico Public Education
Department
• Oregon Department of Education
• Pennsylvania Department of
Education
• Rhode Island Department of
Education
• South Carolina Department of
Education
• Tennessee Department of Education
• Texas Education Agency
• Washington Office of the
Superintendent of Public Instruction
• West Virginia Department of
Education
2. Extended the period of availability
of FY 2010 SIG funds.
Provision waived: Tydings
Amendment, section 421(b) of GEPA.
a. Extension granted until June 1,
2013.
Waiver Applicant:
• Idaho State Department of Education
b. Extension granted until August 1,
2013.
Waiver Applicant:
• Idaho State Department of Education
c. Extension granted until September
30, 2013.
Waiver Applicants:
• Mississippi Department of Education
• Virginia Department of Education
d. Extension granted until September
30, 2014.
Waiver Applicants:
• Alabama State Department of
Education
• California Department of Education
• Delaware Department of Education
• Hawaii State Department of Education
• Idaho State Department of Education
• Illinois State Board of Education
• Michigan Department of Education
• Minnesota Department of Education
• Mississippi Department of Education
• Missouri Department of Elementary
and Secondary Education
• Oklahoma State Department of
Education
• Rhode Island Department of
Education
• Texas Education Agency
3. Extended the period of availability
of FY 2011 SIG funds.
Provision waived: Tydings
Amendment, section 421(b) of GEPA.
a. Extension granted until September
30, 2014.
Waiver Applicants:
• Alaska Department of Education and
Early Development
• Arizona Department of Education
• Hawaii State Department of Education
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Kansas State Department of Education
Kentucky Department of Education
Maine Department of Education
Michigan Department of Education
Minnesota Department of Education
Mississippi Department of Education
New Jersey Department of Education
New Mexico Public Education
Department
Ohio Department of Education
Pennsylvania Department of
Education
South Carolina Department of
Education
Tennessee Department of Education
Utah State Office of Education
Virginia Department of Education
Wisconsin Department of Public
Education
b. Extension granted until September
30, 2015.
Waiver Applicants:
• California Department of Education
• District of Columbia Office of the
State Superintendent of Education
• Idaho State Department of Education
• Illinois State Board of Education
• Missouri Department of Elementary
and Secondary Education
• New York State Department of
Education
• Oklahoma State Department of
Education
4. Extended the period of availability
of FY 2012 SIG funds.
Provision waived: Tydings
Amendment, section 421(b) of GEPA.
a. Extension granted until September
30, 2015.
Waiver Applicants:
• Arkansas Department of Education
• Delaware Department of Education
• Washington Office of the
Superintendent of Public Instruction
b. Extension granted until September
30, 2016.
Waiver Applicants:
• Colorado Department of Education
• District of Columbia Office of the
State Superintendent of Education
• Georgia Department of Education
• Idaho State Department of Education
• Illinois State Board of Education
• Indiana Department of Education
• Kansas State Department of Education
• Louisiana Department of Education
• Maine Department of Education
• Massachusetts Department of
Elementary and Secondary Education
• Nebraska Department of Education
• Nevada Department of Education
• Rhode Island Department of
Education
5. Extended the period of availability
of FY 2013 SIG funds.
Provision waived: Tydings
Amendment, section 421(b) of GEPA.
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a. Extension granted until September
30, 2016.
Waiver Applicant:
• Minnesota Department of Education
D. Waivers for the Striving Readers
Comprehensive Literacy Grant Program
extending the period of availability until
December 31, 2013 of FY 2010 funds
awarded under Part E, Section 1502 of
the ESEA.
Provision waived: Tydings
Amendment, section 421(b) of GEPA.
Waiver Applicants:
• California Department of Education
• New Mexico Public Education
Department
• South Carolina Department of
Education
• Tennessee Department of Education
E. Waivers for the 21st CCLC program
extending the period of availability of
FY 2010 funds until September 30,
2013.
Provision waived: Tydings
Amendment, section 421(b) of GEPA.
Waiver Applicant:
• Kansas State Department of Education
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IV. Waivers Allowing SEAs To Approve
Schools or LEAs Identified as in Need
of Improvement To Become SES
Providers
The Department permitted SEAs to
approve a school or LEA identified for
improvement, corrective action, or
restructuring to serve as a provider of
SES.
Provisions waived: 34 CFR
200.47(b)(1)(iv)(A) and (B).
Waiver Applicants:
• California Department of Education
(during the 2014–15 and 2015–16
school years)
• Montana Office of Public Instruction
(during the 2013–14 school year)
V. Waivers of School Eligibility
Requirements and Definition of
Persistently Lowest-Achieving Schools
The Department allowed SEAs to: (A)
Waive the school eligibility
requirements by replacing the list of
Tier I, Tier II, and Tier III schools with
their list of priority schools; and (B)
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:
• Idaho State Department of Education
• New Jersey Department of Education
VI. Waivers of Academic Standards,
Assessments, and Accountability
Requirements
A. Two-year extension of waiver
permitting SEAs to use their Growth
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Model Pilots in making accountability
determinations based on assessments
administered through the 2013–2014
school year.
Provision waived: Section 1111(b)(2)
of the ESEA.
Waiver Applicants:
• Delaware Department of Education
• Iowa Department of Education
• Pennsylvania Department of
Education
•
•
•
•
•
•
•
•
•
B. Waivers allowing substitution of
standards or assessments.
Allowed Kansas to permit McPherson
Unified School District, Kansas City,
Kansas Public Schools and the CliftonClyde Unified School District to: (i)
Administer the ACT in high school and
the EXPLORE in grade 8 in lieu of the
Kansas State assessments; and (ii) use
the results of those assessments for
accountability purposes.
Provisions waived: Section
1111(b)(1)(B), (b)(3)(A), and (b)(3)(C)(i)–
(ii) of the ESEA.
Waiver Applicant:
• Kansas State Department of Education
C. Waiver permitting the use of AMOs
to make AYP determinations based on
assessments administered the previous
year.
Provision waived: Section
1111(b)(2)(H) of the ESEA.
Waiver Applicant:
• Wyoming Department of Education
•
VII. Waivers Authorizing an SEA To
Waive the Carryover Limitation for an
LEA Because of Its Receipt of Title I,
Part A ARRA Funds
•
Waiver to permit an SEA to waive the
carryover limitation more than once
within three years for an LEA that needs
the additional waiver because of its
receipt of Title I, Part A ARRA funds.
Provision waived: Section 1127(b) of
the ESEA.
Waiver Applicants:
• Alabama State Department of
Education
• Alaska Department of Education and
Early Development
• Arizona Department of Education
• Arkansas Department of Education
• California Department of Education
• District of Columbia Office of 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
(applies to FY 2011 and 2012)
• Indiana Department of Education
• Iowa Department of Education
• Kentucky Department of Education
• Louisiana Department of Education
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46789
Maine Department of Education
Michigan Department of Education
Minnesota Department of Education
Mississippi Department of Education
Missouri Department of Education
Montana Office of Public Instruction
Nebraska Department of Education
Nevada Department of Education
New Hampshire Department of
Education: Merrimack School District
New Hampshire Department of
Education: Derry School District
New Hampshire Department of
Education
New Jersey Department of Education
New Mexico Public Education
Department
New York State Department of
Education
North Dakota Department of Public
Instruction
Ohio Department of Education
Oklahoma State Department of
Education
Rhode Island Department of
Education
South Carolina Department of
Education
South Dakota Department of
Education
Tennessee Department of Education
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
Education
Wyoming Department of Education
VIII. Waivers Regarding Public School
Choice
The Department granted an SEA a
waiver 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—
A. Were newly identified for
improvement for the school year; or
B. 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
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
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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. 2017–21621 Filed 10–5–17; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF EDUCATION
Notice of Waivers Granted Under
Section 9401 of the Elementary and
Secondary Education Act of 1965, as
Amended by the No Child Left Behind
Act of 2001
Office of Elementary and
Secondary Education, Department of
Education.
ACTION: Notice.
AGENCY:
In this notice, we announce
the waivers that the U.S. Department of
Education (Department) granted during
calendar year 2012 under the waiver
authority of the Elementary and
Secondary Education Act of 1965, as
amended by the No Child Left Behind
Act of 2001 (ESEA), including waivers
related to flexibility 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
2012.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
SUMMARY:
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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.
FOR FURTHER INFORMATION CONTACT:
In 2012,
the Department granted waivers through
an initiative known as ESEA flexibility
to 35 States from ten specific provisions
of the ESEA in exchange for a rigorous
and comprehensive State-developed
plan designed to improve educational
outcomes for all students, close
achievement gaps, increase equity, and
improve the quality of instruction.1 In
addition to waiving the ten provisions,
the Department granted three optional
waivers under ESEA flexibility. The
Department also granted 134 individual
waivers under the waiver authority in
section 9401 of the ESEA.
We granted:
(a) ESEA flexibility: The Department
granted the following ten waivers to 35
SEAs under ESEA flexibility:
1. Flexibility Regarding the 2013–
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 ten
provisions listed above, the Department
granted three optional waivers under
ESEA flexibility related to the following:
1. Granted waivers to 23 States under
the Flexibility in the Use of TwentyFirst Century Community Learning
Centers (21st CCLC) Program Funds;
2. Granted waivers to 33 States under
the Flexibility Regarding Making AYP
Determinations; and
SUPPLEMENTARY INFORMATION:
1 Additional information regarding ESEA
flexibility can be found at: https://www2.ed.gov/
policy/elsec/guid/esea-flexibility/.
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3. Granted waivers to 33 States under
the Flexibility Regarding Within-District
Title I Allocations;
(b) 73 waivers extending the period
during which funds were available for
obligation: 11 waivers extending the
period for ESEA State-administered
formula grant programs that received
fiscal year (FY) 2009 funds under the
regular appropriation; 14 waivers
extending the period for ESEA Stateadministered formula grant programs
that received FY 2009 funds under the
American Recovery and Reinvestment
Act (ARRA); one waiver under the
Enhancing Education Through
Technology (Ed-Tech) Program; one
waiver under the Migrant Education
Consortium Incentive Grant Program;
two waivers under the Consolidated
Grant funds for Insular Areas; 38
waivers for school improvement
activities for certain fiscal years’ funds;
and six waivers extending the period for
the Striving Readers Comprehensive
Literacy Formula Grant Program funds;
(c) 21 waivers relating to school
improvement requirements: Three
waivers pertaining to school eligibility
requirements and the definition of
persistently lowest-achieving schools;
and 18 waivers granting additional time
to meet the teacher and principal
evaluation requirement (11 for cohort 1
schools and seven for cohort 2 schools);
(d) 11 waivers of requirements related
to State academic standards or
assessments: Three waivers allowing
substitution of standards or
assessments; and eight waivers
permitting use of annual measurable
objectives (AMOs) to make AYP
determinations based on assessments
administered in the previous school
year;
(e) One waiver of the five percent cap
on Title I funds an LEA may reserve to
provide financial incentives and
rewards to teachers in schools identified
for improvement, corrective action, or
restructuring;
(f) Two schoolwide poverty threshold
waivers permitting specific schools with
less than 40 percent poverty the
flexibility to operate a schoolwide
program;
(g) Four waivers of the requirement to
provide parents notice of public school
choice options at least 14 days before
the start of the school year;
(h) Two new waivers and one
continuation allowing LEAs both to
provide SES to eligible students
attending schools in the first year of
improvement that received funding
under Title I, Part A and to count the
costs of doing so toward meeting the
LEAs’ ‘‘20 percent obligation’’;
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]]>Agencies
[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Notices]
[Pages 46783-46790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21621]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
SUMMARY: In this notice, we announce the waivers that the U.S.
Department of Education (Department) granted during calendar year 2013
under the waiver authority of the Elementary and
[[Page 46784]]
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 2013.
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 2013, the Department granted waivers
through an initiative known as ESEA flexibility to 45 States under the
waiver authority in section 9401 of the ESEA, in exchange for a
rigorous and comprehensive State-developed plan designed to improve
student academic achievement and increase the quality of
instruction.\1\ The Department also granted individual waivers to
certain States under the waiver authority in section 9401 of the ESEA.
---------------------------------------------------------------------------
\1\ Additional information regarding ESEA flexibility can be
found at: https://www2.ed.gov/policy/elsec/guid/esea-flexibility/.
---------------------------------------------------------------------------
We granted:
(a) ESEA Flexibility: The Department granted the following ten
waivers to 45 SEAs under ESEA flexibility:
1. Flexibility Regarding the 2013-2014 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 ten 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) 119 waivers extending the period in which funds were available
for obligation: 30 waivers extending the period for State-administered
ESEA formula grant programs that received fiscal year (FY) 2011 funds
under the regular appropriation or FY 2009 funds under the American
Recovery and Reinvestment Act (ARRA), one waiver extending the period
for the 21st CCLC, 84 waivers for school improvement activities, and
four waivers extending the period for the Striving Readers
Comprehensive Literacy Formula Grant Program funds;
(c) Three waivers allowing SEAs to approve schools or LEAs
identified as in need of improvement to become supplemental educational
services (SES) providers;
(d) Two waivers pertaining to school eligibility requirements and
the definition of persistently lowest-achieving schools;
(e) Eight waivers of requirements related to State academic
standards or assessments: Three waivers allowing extensions of the
growth model pilot; four waivers related to the substitution of
standards or assessments; and one waiver permitting the use of annual
measureable achievement objectives (AMOs) to make AYP determination
based on assessments administered the previous year;
(f) 45 waivers allowing SEAs to waive the carryover limitation more
than once every three years for their Title I, Part A allocation; and
(g) One waiver of the requirement that an LEA provide parents of
eligible students with notice of their public school choice options at
least 14 days before the start of school year.
I. ESEA Flexibility Waivers
A. Flexibility Regarding the 2013-2014 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.
Waiver Applicants:
Alabama State Department of Education
Alaska Department of Education and Early Development
Arizona Department of Education
Georgia Department of Education
Hawaii State Department of Education
Kansas State Department of Education
Maine Department of Education
Nevada Department of Education
New Hampshire Department of Education
Ohio Department of Education
Oregon Department of Education
Pennsylvania Department of Education
Puerto Rico Department of Education
Texas Education Agency
Washington Office of the Superintendent of Public Instruction
West Virginia Department of Education
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 SES to eligible
[[Page 46785]]
students. An LEA was also exempt from administrative and reporting
requirements related to school improvement.
Waiver Applicants:
Alabama State Department of Education
Alaska Department of Education and Early Development
Arizona Department of Education
Georgia Department of Education
Hawaii State Department of Education
Kansas State Department of Education
Maine Department of Education
Nevada Department of Education
New Hampshire Department of Education
Ohio Department of Education
Oregon Department of Education
Pennsylvania Department of Education
Puerto Rico Department of Education
Texas Education Agency
Washington Office of the Superintendent of Public Instruction
West Virginia Department of Education
San Francisco Unified School District (California)
Los Angeles Unified School District (California)
Fresno Unified School District (California)
Sanger Unified School District (California)
Santa Ana Unified School District (California)
Sacramento City Unified School District (California)
Long Beach Unified School District (California)
Oakland Unified School District (California)
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.
Waiver Applicants:
Alabama State Department of Education
Alaska Department of Education and Early Development
Arizona Department of Education
Georgia Department of Education
Hawaii State Department of Education
Kansas State Department of Education
Maine Department of Education
Nevada Department of Education
New Hampshire Department of Education
Ohio Department of Education
Oregon Department of Education
Pennsylvania Department of Education
Puerto Rico Department of Education
Texas Education Agency
Washington Office of the Superintendent of Public Instruction
West Virginia Department of Education
San Francisco Unified School District (California)
Los Angeles Unified School District (California)
Fresno Unified School District (California)
Sanger Unified School District (California)
Santa Ana Unified School District (California)
Sacramento City Unified School District (California)
Long Beach Unified School District (California)
Oakland Unified School District (California)
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 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 funds for any
authorized purpose regardless of the LEA's AYP status.
Provisions waived: Sections 6213(b) and 6224(e) of the ESEA.
Waiver Applicants:
Alabama State Department of Education
Alaska Department of Education and Early Development
Arizona Department of Education
Georgia Department of Education
Kansas State Department of Education
Maine Department of Education
Nevada Department of Education
New Hampshire Department of Education
Ohio Department of Education
Oregon Department of Education
Pennsylvania Department of Education
Puerto Rico Department of Education
Texas Education Agency
Washington Office of the Superintendent of Public Instruction
West Virginia Department of Education
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.
Waiver Applicants:
Alabama State Department of Education
Alaska Department of Education and Early Development
Arizona Department of Education
Georgia Department of Education
Hawaii State Department of Education
Kansas State Department of Education
Maine Department of Education
Nevada Department of Education
New Hampshire Department of Education
Ohio Department of Education
Oregon Department of Education
Pennsylvania Department of Education
Puerto Rico Department of Education
Texas Education Agency
Washington Office of the Superintendent of Public Instruction
West Virginia Department of Education
San Francisco Unified School District (California)
Los Angeles Unified School District (California)
Fresno Unified School District (California)
Sanger Unified School District (California)
Santa Ana Unified School District (California)
Sacramento City Unified School District (California)
Long Beach Unified School District (California)
Oakland Unified School District (California)
F. Flexibility To Support School Improvement
The Department waived the requirement in section 1003(a) of the
ESEA for an SEA to distribute funds
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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.
Waiver Applicants:
Alabama State Department of Education
Alaska Department of Education and Early Development
Arizona Department of Education
Georgia State Department of Education
Hawaii State Department of Education
Kansas State Department of Education
Maine Department of Education
Nevada Department of Education
New Hampshire Department of Education
Ohio Department of Education
Oregon Department of Education
Pennsylvania Department of Education
Puerto Rico Department of Education
Texas Education Agency
Washington Office of the Superintendent of Public Instruction
West Virginia Department of Education
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.
Waiver Applicants:
Alabama State Department of Education
Alaska Department of Education and Early Learning Development
Arizona Department of Education
Georgia Department of Education
Hawaii State Department of Education
Kansas State Department of Education
Maine Department of Education
Nevada Department of Education
New Hampshire Department of Education
Ohio Department of Education
Oregon Department of Education
Pennsylvania Department of Education
Puerto Rico Department of Education
Texas Education Agency
Washington Office of the Superintendent of Public Instruction
West Virginia Department of Education
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. This flexibility allowed an SEA and
LEA to focus on developing and implementing more meaningful evaluation
and support systems.
Provisions waived: Section 2141(a)-(c) of the ESEA.
Waiver Applicants:
Alabama State Department of Education
Alaska Department of Education and Early Development
Arizona Department of Education
Georgia Department of Education
Hawaii State Department of Education
Kansas State Department of Education
Maine Department of Education
Nevada Department of Education
New Hampshire Department of Education
Ohio Department of Education
Oregon Department of Education
Pennsylvania Department of Education
Puerto Rico Department of Education
Texas Education Agency
Washington Office of the Superintendent of Public Instruction
West Virginia Department of Education
San Francisco Unified School District (California)
Los Angeles Unified School District (California)
Fresno Unified School District (California)
Sanger Unified School District (California)
Santa Ana Unified School District (California)
Sacramento City Unified School District (California)
Long Beach Unified School District (California)
Oakland Unified School District (California)
II. 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 programs. 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.
Waiver Applicants:
Alabama State Department of Education
Alaska Department of Education and Early Development
Arizona Department of Education
Georgia Department of Education
Hawaii State Department of Education
Kansas State Department of Education
Maine Department of Education
Nevada Department of Education
New Hampshire Department of Education
Ohio Department of Education
Oregon Department of Education
Pennsylvania Department of Education
Puerto Rico Department of Education
Texas Education Agency
Washington Office of the Superintendent of Public Instruction
West Virginia Department of Education
San Francisco Unified School District (California)
Los Angeles Unified School District (California)
Fresno Unified School District (California)
Sanger Unified School District (California)
Santa Ana Unified School District (California)
Sacramento City Unified School District (California)
Long Beach Unified School District (California)
Oakland Unified School District (California)
A. Flexibility To Use SIG Funds To Support Priority Schools
The Department waived the requirements in section 1003(g)(4) of the
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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.
Provision waived: Section 1003(g)(4) of the ESEA and Section I.A.3
of the SIG final requirements (74 FR 65618).
Waiver Applicants:
Alabama State Department of Education
Alaska Department of Education and Early Development
Arizona Department of Education
Georgia Department of Education
Hawaii State Department of Education
Idaho State Department of Education
Kansas State Department of Education
Maine Department of Education
Nevada Department of Education
New Hampshire Department of Education
New Jersey Department of Education
Ohio Department of Education
Oregon Department of Education
Pennsylvania Department of Education
Puerto Rico Department of Education
Texas Education Agency
Washington Office of the Superintendent of Public Instruction
West Virginia Department of Education
B. 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: Sections 4201(b)(1)(A) and 4204(b)(2)(A) of the
ESEA.
Waiver Applicants:
Alabama State Department of Education
Arizona Department of Education
Georgia Department of Education
Hawaii State Department of Education
Kansas State Department of Education
Maine Department of Education
Nevada Department of Education
Ohio Department of Education
Oregon Department of Education
Pennsylvania Department of Education
Puerto Rico Department of Education
Texas Education Agency
Washington Office of the Superintendent of Public Instruction
West Virginia Department of Education
C. 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 Department of Education
Alaska Department of Education and Early Development
Arizona Department of Education
Georgia Department of Education
Hawaii State Department of Education
Kansas State Department of Education
Maine Department of Education
Nevada Department of Education
New Hampshire Department of Education
Ohio Department of Education
Oregon Department of Education
Pennsylvania Department of Education
Puerto Rico Department of Education
Texas Education Agency
Washington Office of the Superintendent of Public Instruction
West Virginia Department of Education
D. 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 Department of Education
Arizona Department of Education
Georgia Department of Education
Hawaii State Department of Education
Kansas State Department of Education
Maine Department of Education
Maryland State Department of Education
Nevada Department of Education
New Hampshire Department of Education
Ohio Department of Education
Oregon Department of Education
Pennsylvania Department of Education
Puerto Rico Department of Education
Texas Education Agency
Washington Office of the Superintendent of Public Instruction
West Virginia Department of Education
San Francisco Unified School District (California)
Los Angeles Unified School District (California)
