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, 46790-46796 [2017-21623]
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Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices
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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.
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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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(i) Six waivers allowing SEAs or LEAs
to approve LEAs or schools,
respectively, identified as in need of
improvement to become SES providers;
(j) Eight waivers allowing SEAs to
waive the carryover limitation more
than once every three years for their
Title I, Part A allocation received under
ARRA;
(k) One waiver of the third of three
annual measureable achievement
objectives (AMAO 3) under Title III
allowing the State to use the same
targets used to determine AYP for Title
I in place of the State’s AMAO 3; and
(l) Four waivers related to rural
programs: Two waivers allowing SEAs
to provide equitable services for private
school students and teachers under the
Rural and Low-Income School Program
(RLIS) and two waivers allowing SEAs
to meet the academic achievement
assessment requirement in an
alternative manner under RLIS.
Waiver Data
I. ESEA Flexibility Waivers
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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.
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
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school choice and supplemental
educational services (SES) to eligible
students. An LEA was also exempt from
administrative and reporting
requirements related to school
improvement.
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.
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.
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.
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
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to serve any priority or focus school, if
the SEA determined such school was
most in need of additional support.
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, 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.
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.
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.
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
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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.
The 35 applicants listed below were
granted waivers under ESEA flexibility:
• Arizona Department of Education
• Arkansas Department of Education
• Colorado Department of Education
• Connecticut State 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
• Idaho State Department 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
• 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
• Wisconsin Department of Public
Instruction
K. Waivers Regarding 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.,
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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.
23 Waiver applicants:
• Colorado Department of Education
• Connecticut State Department of
Education
• Delaware Department of Education
• Florida Department of Education
• Idaho State Department 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
• Mississippi Department of Education
• Missouri Department of Elementary
and Secondary Education
• New Jersey Department of Education
• New York State Education
Department
• North Carolina Department of Public
Instruction
• Ohio Department of Education
• Oklahoma State Department of
Education
• Oregon Department of Education
• Tennessee Department of Education
• Utah State Office of Education
• Virginia Department of Education
• Washington Office of the
Superintendent of Public Instruction
L. Waivers Granting 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. Under this waiver,
an SEA and its LEAs were no longer
required to make AYP determinations
for LEAs and schools, 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.
33 Waiver applicants:
• Arizona Department of Education
• Arkansas Department of Education
• Colorado Department of Education
• Connecticut State Department of
Education
• District of Columbia Office of the
State Superintendent of Education
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Florida Department of Education
Georgia Department of Education
Idaho State Department 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
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
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
Wisconsin Department of Public
Instruction
M. Waivers Granting 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.
33 Waiver applicants:
• Arizona Department of Education
• Arkansas Department of Education
• Colorado Department of Education
• Connecticut State 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
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Idaho State Department 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
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
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
Wisconsin Department of Public
Instruction
II. Extensions of the Obligation Period
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A. Waivers Granted for ESEA StateAdministered Formula Grant Programs
That Received FY 2009 Funds Under the
Department’s Regular Appropriation
Act
Extended until September 30, 2012,
the period of availability of funds under
certain grant programs.
Provision waived: Section 421(b) of
the General Education Provisions Act
(GEPA).
11 Waiver applicants and affected
programs:
• Delaware Department of Education,
Title I, Part A (Grants to LEAs), Title
I, Part B, Subpart 3 (Even Start), Title
II, Part A (Improving Teacher Quality
State Grants), Title II, Part B, Sections
2201–2203 (Math Science
Partnerships), Title II, Part D (EdTech), Title III, Part A (English
Language State Grants), Title IV, Part
A (Safe and Drug Free Schools and
Community Grants), Title IV, Part B
(21st Century Community Learning
Centers), and Title VI, Part A, Subpart
I, Section 6111 (State Assessment
Grants)
• Georgia Department of Education,
Title II, Part B, Sections 2201–2203
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(Math Science Partnerships), Title II,
Part D (Ed-Tech), and Title IV, Part A
(Safe and Drug Free Schools and
Community Grants)
Guam Department of Education, Title
I, Part A, Subpart 2, Section 1121(b)–
(c) (Grants to the Outlying Areas)
Idaho State Department of Education,
Title IV, Part A (Safe and Drug Free
Schools and Community Grants)
Illinois State Board of Education, Title
I, Part A (Grants to LEAs), Title II, Part
A (Improving Teacher Quality State
Grants), Title II, Part B, Sections
2201–2203 (Math Science
Partnerships), Title II, Part D (EdTech), Title IV, Part A (Safe and Drug
Free Schools and Community Grants),
and Title IV, Part B (21st Century
Community Learning Centers)
Massachusetts Department of
Elementary and Secondary Education,
Title I, Part A (Grants to LEAs), Title
I, Part B, Subpart 3 (Even Start), Title
I, Part D (Neglected and Delinquent
Program), Title II, Part A (Improving
Teacher Quality State Grants), Title II,
Part B, Sections 2201–2203 (Math
Science Partnerships), Title II, Part D
(Ed-Tech), Title III, Part A (English
Language State Grants), Title IV, Part
A (Safe and Drug Free Schools and
Community Grants), Title IV, Part B
(21st Century Community Learning
Centers), and Title VI, Part A, Subpart
I, Section 6111 (State Assessment
Grants)
New York State Education
Department, Title I, Part A (Grants to
LEAs), Title II, Part A (Improving
Teacher Quality State Grants), Title II,
Part D (Ed-Tech), Title III, Part A
(English Language State Grants), and
Title IV, Part A (Safe and Drug Free
Schools and Community Grants)
North Carolina Department of Public
Instruction, Title II, Part D (Ed-Tech)
Ohio Department of Education, Title I,
Part B, Subpart 3 (Even Start), Title I,
Part C (Migrant Education State
Grants), Title I, Part D (State Agency
Neglected and Delinquent Program),
Title II, Part B, Sections 2201–2203
(Math Science Partnerships), Title II,
Part D (Ed-Tech), and Title IV, Part A
(Safe and Drug Free Schools and
Community Grants)
Virgin Islands Department of
Education, Title I, Part A, Subpart 2,
Section 1121(b)–(c) (Grants to the
Outlying Areas)
West Virginia Department of
Education, Title I, Part A (Grants to
LEAs), Title I, Part B, Subpart 3 (Even
Start), Title I, Part C (Migrant
Education State Grants), Title II, Part
A (Improving Teacher Quality State
Grants), Title II, Part B, Sections
2201–2203 (Math Science
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Partnerships), Title II, Part D (EdTech), Title III, Part A (English
Language State Grants), and Title IV,
Part A (Safe and Drug Free Schools
and Community Grants)
B. Waivers Granted for ESEA StateAdministered Formula Grant Programs
That Received FY 2009 Funds Under the
ARRA
Extended until September 30, 2012,
the period of availability of funds under
certain grant programs.
Provision waived: Section 421(b) of
GEPA.
14 Waiver applicants and affected
programs:
• American Samoa Department of
Education, Title I, Part A, Subpart 2,
Section 1121(b)–(c) (Grants to the
Outlying Areas)
• Arizona Department of Education,
Title II, Part D (Ed-Tech)
• Bureau of Indian Education, Title I,
Part A (Grants to LEAs), and Title II,
Part D (Ed-Tech)
• Delaware Department of Education,
Title I, Part A (Grants to LEAs), and
Title II, Part D (Ed-Tech)
• Georgia Department of Education,
Title I, Part A (Grants to LEAs), and
Title II, Part D (Ed-Tech)
• Guam Department of Education, Title
I, Part A, Subpart 2, Section 1121(b)–
(c) (Grants to the Outlying Areas)
• Idaho State Department of Education,
Title I, Part A (Grants to LEAs)
• Illinois State Board of Education, Title
I, Part A (Grants to LEAs), and Title
II, Part D (Ed-Tech)
• Massachusetts Department of
Elementary and Secondary Education,
Title I, Part A (Grants to LEAs), and
Title II, Part D (Ed-Tech)
• New York State Education
Department, Title I, Part A (Grants to
LEAs), and Title II, Part D (Ed-Tech)
• North Carolina Department of Public
Instruction, Title II, Part D (Ed-Tech)
• Ohio Department of Education, Title I,
Part A (Grants to LEAs), and Title II,
Part D (Ed-Tech)
• Virgin Islands Department of
Education, Title I, Part A, Subpart 2,
Section 1121(b)–(c) (Grants to the
Outlying Areas)
• West Virginia Department of
Education, Title I, Part A (Grants to
LEAs), and Title II, Part D (Ed-Tech)
C. Waivers for the Enhancing Education
Through Technology Program
Extended until September 30, 2013,
the period of availability of FY 2010
(non-ARRA) funds awarded under the
Title II, Part D (Ed-Tech) grant program.
Provision waived: Section 421(b) of
GEPA.
One Waiver applicant:
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• Idaho State Department of Education
D. Waivers for the Migrant Education
Consortium Incentive Grant Program
Extended until September 30, 2012,
the period of availability of FY 2009
funds awarded under the Title I, Part C
(Migrant Education Consortium
Incentive Grant) grant program.
Provision waived: Section 421(b) of
GEPA.
One Waiver applicant:
• North Carolina Department of Public
Instruction
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E. Waivers of Consolidated Grant Funds
for Insular Areas
Extended until September 30, 2014,
the period of availability of FY 2012
funds awarded under Title I, Part A,
Subpart 2, Section 1121(b) and (c)
(Grants to the Outlying Areas)
Provision waived: Section 421(b) of
GEPA.
Two Waiver applicants:
• Commonwealth of the Northern
Mariana Islands Public School System
• Virgin Islands Department of
Education
F. Waivers of the School Improvement
Requirements for Certain Fiscal Years’
Funds
Extended the period of availability of
FY 2009 SIG funds awarded under
section 1003(g) of the ESEA.
Provision waived: Section 421(b) of
GEPA.
One Waiver applicant:
• Delaware Department of Education
Extended the period of availability of
FY 2010 SIG funds awarded under
section 1003(g) of the ESEA.
Provision waived: Section 421(b) of
GEPA.
24 Waiver applicants:
• Arizona Department of Education
• Arkansas Department of Education
• Colorado Department of Education
• Delaware 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
• Nevada Department of Education
• New Jersey Department of Education
• New York State Education
Department
• Ohio Department of Education
• Oklahoma State Department of
Education
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• Oregon Department of Education
• Puerto Rico Department of Education
• South Carolina Department of
Education
• Tennessee Department of Education
• Wyoming Department of Education
Extended the period of availability of
FY 2011 SIG funds awarded under
section 1003(g) of the ESEA.
Provision waived: Section 421(b) of
GEPA.
13 Waiver applicants:
• Alabama Department of Education
• Arkansas Department of Education
• California Department of Education
• Colorado Department of Education
• Delaware Department of Education
• Illinois State Board of Education
• Indiana Department of Education
• Louisiana Department of Education
• Massachusetts Department of
Elementary and Secondary Education
• Missouri Department of Elementary
and Secondary Education
• Nebraska Department of Education
• Nevada Department of Education
• Rhode Island Department of
Education
G. Waivers for the Striving Readers
Comprehensive Literacy Formula Grant
Program
Extended the period of availability of
FY 2010 funds awarded under Title I,
Part E, Section 1502 of the ESEA.
Provision waived: Section 421(b) of
GEPA.
Six Waiver applicants:
• Idaho State Department of Education
• Louisiana Department of Education
• Maine Department of Education
• Missouri Department of Elementary
and Secondary Education
• Nebraska Department of Education
• Wisconsin Department of Public
Instruction
III. Waivers of SIG Requirements
A. Waivers of School Eligibility
Requirements and Definition of
Persistently Lowest-Achieving Schools
Waived the school eligibility
requirements to enable a State to replace
its list of Tier I, Tier II, and Tier III
schools with its 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).
Three Waiver applicants:
• Minnesota Department of Education
• Oklahoma State Department of
Education
• Tennessee Department of Education
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B. Waivers Granting Additional Time To
Meet Teacher and Principal Evaluation
Requirements (Cohorts 1 and 2 Schools)
Allowed SEAs to permit an LEA that
was implementing during the 2010–
2011 school year a transformation
model with SIG funds, which required
development and implementation of
high-quality evaluation systems, to have
additional time to meet the teacher and
principal evaluation requirements in
schools that were not able to do so that
year.
Provision waived: Section
I.A.2(d)(1)(i)(B) of the SIG final
requirements (75 FR 66363).
18 Waiver applicants:
a. Cohort 1 Schools:
• Alabama Department of Education
• California Department of Education
• Hawaii State Department of Education
• Illinois State Board of Education
• Mississippi Department of Education
• Missouri Department of Elementary
and Secondary Education
• New Jersey Department of Education
• Pennsylvania Department of
Education
• Puerto Rico Department of Education
• Texas Education Agency
• Vermont Agency of Education
b. Cohort 2 Schools:
• Illinois State Board of Education
• Mississippi Department of Education
• Missouri Department of Elementary
and Secondary Education
• New Jersey Department of Education
• Pennsylvania Department of
Education
• Puerto Rico Department of Education
• Texas Education Agency
IV. Waivers of Related to State
Academic Standards and Assessments
A. Waivers Regarding Standards and
Assessments
Allowed the Kansas State Department
of Education to permit McPherson
Unified School District (MUSD), Kansas
City, Kansas Public Schools (KCKPS),
and the Clifton-Clyde Unified School
District (Clifton-Clyde) to—
(1) Administer the ACT in grade 12
and the EXPLORE in grade 8 in lieu of
the Kansas State assessments; and
(2) Use the results of those
assessments for accountability purposes.
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) and 200.2(b)(1) and (b)(3)(i).
One Waiver applicant:
• Kansas State Department of Education
Allowed Kansas to—
(1) Administer only the Algebra I endof-course (EOC) assessment to any
middle school student who took that
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course and to use those results in
middle school accountability
determinations rather than results from
the 7th or 8th grade general
mathematics assessment;
(2) Administer the Geometry EOC
assessment to any 8th grade student
who took Algebra I in 7th grade and
Geometry in 8th grade and to use the
results of that assessment in middle
school accountability determinations;
and
(3) Assess students who took Algebra
I or Geometry in middle school with the
Algebra II EOC assessment in high
school and use those results for high
school accountability purposes.
Provisions waived: Section
1111(b)(1)(B) and (b)(3)(C)(i) of the
ESEA, and 34 CFR 200.1(a)(1).
One Waiver applicant:
V. 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
• Tennessee Department of Education
Permitted Dunn School and Memorial
School in Maine’s Regional School
Unit/Maine School Administrative
District #15 (MSAD #15) to become Title
I, Part A schoolwide program schools
with percentages of low-income
students of less than 40 percent.
Provision waived: Section 1114(a)(1)
of the ESEA.
One Waiver applicant:
Allowed Tennessee to—
(1) Use, with respect to a student who
was not yet enrolled in high school but
who took Algebra I or English II and the
corresponding EOC assessment, the
student’s score on that assessment for
accountability purposes for the grade in
which the student was enrolled; and
(2) Use EOC assessments for Algebra
II and English III for high school
accountability purposes for those
students who take Algebra I or English
II, respectively, prior to entering high
school.
Provisions waived: Section
1111(b)(1)(B) and (b)(3)(C)(i) of the
ESEA.
B. Waivers Permitting the Use of AMOs
To Make AYP Determinations Based on
Assessments Administered the Previous
Year
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Permitted SEAs to use the same
AMOs to make AYP determinations
based on assessments administered in
the 2011–2012 school year that were
used to make such determinations based
on assessments administered in the
2010–2011 school year.
Provision waived: Section
1111(b)(2)(H) of the ESEA.
Eight Waiver applicants:
• Alabama Department of Education
• Alaska Department of Education and
Early Development
• Idaho State Department of Education
• Illinois State Board of Education
• Iowa Department of Education
• Kansas State Department of Education
• Maine Department of Education
• West Virginia Department of
Education
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Permitted the Hillsborough County
Public Schools (Florida) to reserve up to
6.6 percent of its FY 2012 Title I
allocation for rewards and incentives in
the 43 schools identified by the LEA.
Provision waived: Section 1113(c)(4)
of the ESEA.
One Waiver applicant:
• Hillsborough County Public Schools
(Florida)
VI. Schoolwide Poverty Threshold
Waivers Allowing Flexibility for
Schoolwide Programs in Title I Schools
• MSAD #15
Permitted Piedmont Valley
Elementary (Piedmont) in South Dakota
to be eligible to operate a schoolwide
program with less than 40 percent of
students being from low-income
families.
Provision waived: Section 1114(a)(1)
of the ESEA.
One Waiver applicant:
• Meade School District 46–1
VII. Waivers Regarding Public School
Choice Notice
Allowed SEAs to provide notice of
public school choice options less than
14 days before the start of the school
year to parents of eligible children
attending schools that were newly
identified for improvement for the
2011–2012 school year 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).
Four Waiver applicants:
• Minnesota Department of Education
• Nebraska Department of Education
• Oklahoma State Department of
Education
• Wyoming Department of Education
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46795
VIII. Waivers Allowing LEAs To
Provide SES, in Addition to Public
School Choice, to Eligible Students in
Title I Schools in the First Year of
School Improvement and To Count the
Costs of Both Toward Meeting the
LEAs’ ‘‘20 Percent Obligation’’
New Applicants:
1. Waiver applicant: Wyoming
Department of Education
• Provisions waived: Section
1116(b)(10) of the ESEA and 34 CFR
200.48.
• Description of waiver: For the 2010–
2011 and 2011–2012 school year,
permitted an LEA in Wyoming to offer
SES, in addition to public school
choice, to eligible students in a Title I
school in the first year of school
improvement and to count the costs of
providing SES to these students toward
meeting the LEA’s ‘‘20 percent
obligation.’’
Continuation Applicant:
1. Waiver applicant: Alabama
Department of Education
• Provisions waived: Section
1116(b)(10) of the ESEA and 34 CFR
200.48.
• Description of waiver: For the 2012–
2013 school year, permitted LEAs in
Alabama to offer SES, in addition to
public school choice, to eligible
students in Title I schools in the first
year of improvement and to count the
costs of providing SES to these students
toward meeting the LEA’s ‘‘20 percent
obligation.’’
IX. Waivers Allowing SEAs or LEAs To
Approve Schools or LEAs in Need of
Improvement To Become SES Providers
1. Waiver applicant: California
Department of Education
• Provisions waived: 34 CFR
200.47(b)(1)(iv)(A) and (B).
• Description of waiver: Permitted
California to approve a school or LEA
identified for improvement, corrective
action, or restructuring to serve as a
provider of SES during the 2012–2013
and 2013–2014 school year.
2. Waiver applicant: Montana Office
of Public Instruction
• Provisions waived: 34 CFR
200.47(b)(1)(iv)(A) and (B).
• Description of waiver: Permitted
Montana to approve a school or LEA
identified for improvement, corrective
action, or restructuring to serve as a
provider of SES during the 2012–2013
school year.
3. Waiver applicant: Nebraska
Department of Education
• Provisions waived: 34 CFR
200.47(b)(1)(iv)(A) and (B).
• Description of waiver: Permitted
Nebraska to approve a school or LEA
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identified for improvement, corrective
action, or restructuring to serve as a
provider of SES during the 2011–2012
school year.
4. Waiver applicant: Wyoming
Department of Education
• Provisions waived: 34 CFR
200.47(b)(1)(iv)(A) and (B).
• Description of waiver: Permitted
Wyoming to approve a school or LEA
identified for improvement, corrective
action, or restructuring to serve as a
provider of SES for the 2010–2011 and
2011–2012 school years.
X. Authorizing an SEA To Waive the
Carryover Limitation for an LEA
Because of Its Receipt of Title I, Part A
ARRA Funds
Waiver to permit an SEA to waive the
carryover limitation more than once
within three years for an LEA that needs
the additional waiver because of its
receipt of Title I, Part A ARRA funds.
Provision waived: Section 1127(b) of
the ESEA.
Eight Waiver applicants:
• Maine Department of Education
• Michigan Department of Education
• Montana Office of Public Instruction
• Nebraska Department of Education
• Nevada Department of Education
• Ohio Department of Education
• Oklahoma State Department of
Education
• South Carolina Department of
Education
XI. Waiver of AYP Requirement for
Annual Measurable Achievement
Objectives (AMAOs)
1. Waiver applicant: Colorado
Department of Education
• Provision waived: Section
3122(a)(3)(A)(iii) of the ESEA.
• Description of waiver: Granted a
two-year waiver so that Colorado may
use, for purposes of AMAO 3, the same
targets used in the growth component of
its State-developed differentiated
recognition, accountability, and support
system in reading, writing, and
mathematics, in place of the State’s
AMOs.
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XII. Waivers Related to Rural Programs
A. Waivers Allowing SEAs To Provide
Equitable Services for Private School
Students and Teachers Under the RLIS
Provision waived: Section 6222 of the
ESEA.
Two Waiver applicants:
• Commonwealth of the Northern
Mariana Islands Public School System
• Virgin Islands Department of
Education
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B. Waivers Allowing SEAs To Meet the
Academic Achievement Assessment
Requirement in an Alternative Manner
Under RLIS
Provision waived: Section 6224(d) of
the ESEA.
Two Waiver applicants:
• Commonwealth of the Northern
Mariana Islands Public School System
• Virgin Islands Department of
Education
Accessible Format: Individuals with
disabilities can obtain this document in
an accessible format (e.g., braille, large
print, audiotape, or compact disc) on
request to the program contact person
listed under FOR FURTHER INFORMATION
CONTACT.
Electronic Access to This Document:
The official version of this document is
the document published in the Federal
Register. Free internet access to the
official edition of the Federal Register
and the Code of Federal Regulations is
available via the Federal Digital System
at: www.gpo.gov/fdsys. At this site you
can view this document, as well as other
documents of this Department
published in the Federal Register, in
text or Portable Document Format
(PDF). To use PDF you must have
Adobe Acrobat Reader, which is
available free at the site.
You may also access documents of the
Department published in the Federal
Register by using the article search
feature at: www.federalregister.gov.
Specifically, through the advanced
search feature at this site, you can limit
your search to documents published by
the Department.
Dated: October 3, 2017.
Jason Botel,
Acting Assistant Secretary for Elementary and
Secondary Education.
[FR Doc. 2017–21623 Filed 10–5–17; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF EDUCATION
Notice of Waivers Granted Under
Section 8401 of the Elementary and
Secondary Education Act of 1965, as
Amended by the Every Student
Succeeds Act
Office of Elementary and
Secondary Education, Department of
Education.
ACTION: Notice.
AGENCY:
In this notice, we announce
the waivers that the U.S. Department of
Education (Department) granted during
calendar year 2016 under the waiver
authority in section 8401 of the
Elementary and Secondary Education
SUMMARY:
PO 00000
Frm 00044
Fmt 4703
Sfmt 4703
Act of 1965, as amended by the Every
Student Succeeds Act.1
The ESEA requires that the
Department publish in the Federal
Register, and disseminate to interested
parties, a notice of its decision to grant
a waiver of statutory or regulatory
requirements under the ESEA. Between
2011 and 2016, the Department granted
more than 800 waivers of statutory or
regulatory requirements to State
educational agencies (SEAs) but
neglected to comply with the ESEA’s
publication and dissemination
requirements. This notice is intended to
fulfill the Department’s obligation to
publicize its waiver decisions by
identifying the waivers granted during
each calendar year.
FOR FURTHER INFORMATION CONTACT: Kia
Weems, U.S. Department of Education,
400 Maryland Avenue SW., Room
3W341, Washington, DC 20202.
Telephone: (202) 260–2221 or by email:
Kia.Weems@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
SUPPLEMENTARY INFORMATION: In 2016,
the Department granted a total of 111
waivers to States under the waiver
authority in section 8401 of the ESEA,
as amended by the ESSA. We granted:
(a) 73 waivers extending the period in
which funds were available for
obligation: 66 waivers for school
improvement activities, one waiver for
Improving Teacher Quality, one waiver
for Migrant Education, three waivers for
21st Century Community Learning
Centers (21st CCLC), and two waivers
for Mathematics and Science
Partnerships;
(b) 32 waivers of requirements related
to State academic standards or
assessments: Six waivers allowing
substitution of standards or assessments
and six waivers permitting SEAs or
LEAs to refrain from reporting
assessment or accountability
determinations; and 26 waivers of the
requirement that a State’s assessment
1 On December 10, 2015, the Every Student
Succeeds Act (ESSA), which reauthorized the
Elementary and Secondary Education Act of 1965
(ESEA), was signed into law. The ESEA waiver
provisions in section 8401 of the ESEA, as amended
by the ESSA, went into effect on that date.
However, the Department awarded and
administered FY 2016 formula grant funds in
accordance with the ESEA as in effect on the day
before the date of enactment of the ESSA (i.e., the
requirements promulgated under the No Child Left
Behind Act of 2001 (NCLB)) consistent with
clarification from Congress in the Consolidated
Appropriations Act, 2016. Accordingly, unless
otherwise noted, all references to the ESEA in this
notice refer to the ESEA, as amended by NCLB.
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]]>Agencies
[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Notices]
[Pages 46790-46796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21623]
-----------------------------------------------------------------------
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
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 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.
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 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.
---------------------------------------------------------------------------
\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 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
Twenty-First Century Community Learning Centers (21st CCLC) Program
Funds;
2. Granted waivers to 33 States under the Flexibility Regarding
Making AYP Determinations; and
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 State-administered 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'';
[[Page 46791]]
(i) Six waivers allowing SEAs or LEAs to approve LEAs or schools,
respectively, identified as in need of improvement to become SES
providers;
(j) Eight waivers allowing SEAs to waive the carryover limitation
more than once every three years for their Title I, Part A allocation
received under ARRA;
(k) One waiver of the third of three annual measureable achievement
objectives (AMAO 3) under Title III allowing the State to use the same
targets used to determine AYP for Title I in place of the State's AMAO
3; and
(l) Four waivers related to rural programs: Two waivers allowing
SEAs to provide equitable services for private school students and
teachers under the Rural and Low-Income School Program (RLIS) and two
waivers allowing SEAs to meet the academic achievement assessment
requirement in an alternative manner under RLIS.
Waiver Data
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.
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.
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.
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.
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.
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.
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, 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.
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.
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.
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
[[Page 46792]]
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.
The 35 applicants listed below were granted waivers under ESEA
flexibility:
Arizona Department of Education
Arkansas Department of Education
Colorado Department of Education
Connecticut State 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
Idaho State Department 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
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
Wisconsin Department of Public Instruction
K. Waivers Regarding 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.
23 Waiver applicants:
Colorado Department of Education
Connecticut State Department of Education
Delaware Department of Education
Florida Department of Education
Idaho State Department 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
Mississippi Department of Education
Missouri Department of Elementary and Secondary Education
New Jersey Department of Education
New York State Education Department
North Carolina Department of Public Instruction
Ohio Department of Education
Oklahoma State Department of Education
Oregon Department of Education
Tennessee Department of Education
Utah State Office of Education
Virginia Department of Education
Washington Office of the Superintendent of Public Instruction
L. Waivers Granting 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. Under this
waiver, an SEA and its LEAs were no longer required to make AYP
determinations for LEAs and schools, 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.
33 Waiver applicants:
Arizona Department of Education
Arkansas Department of Education
Colorado Department of Education
Connecticut State Department of Education
District of Columbia Office of the State Superintendent of
Education
Florida Department of Education
Georgia Department of Education
Idaho State Department 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
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
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
Wisconsin Department of Public Instruction
M. Waivers Granting 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.
33 Waiver applicants:
Arizona Department of Education
Arkansas Department of Education
Colorado Department of Education
Connecticut State 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
[[Page 46793]]
Idaho State Department 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
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
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
Wisconsin Department of Public Instruction
II. Extensions of the Obligation Period
A. Waivers Granted for ESEA State-Administered Formula Grant Programs
That Received FY 2009 Funds Under the Department's Regular
Appropriation Act
Extended until September 30, 2012, the period of availability of
funds under certain grant programs.
Provision waived: Section 421(b) of the General Education
Provisions Act (GEPA).
11 Waiver applicants and affected programs:
Delaware Department of Education, Title I, Part A (Grants to
LEAs), Title I, Part B, Subpart 3 (Even Start), Title II, Part A
(Improving Teacher Quality State Grants), Title II, Part B, Sections
2201-2203 (Math Science Partnerships), Title II, Part D (Ed-Tech),
Title III, Part A (English Language State Grants), Title IV, Part A
(Safe and Drug Free Schools and Community Grants), Title IV, Part B
(21st Century Community Learning Centers), and Title VI, Part A,
Subpart I, Section 6111 (State Assessment Grants)
Georgia Department of Education, Title II, Part B, Sections
2201-2203 (Math Science Partnerships), Title II, Part D (Ed-Tech), and
Title IV, Part A (Safe and Drug Free Schools and Community Grants)
Guam Department of Education, Title I, Part A, Subpart 2,
Section 1121(b)-(c) (Grants to the Outlying Areas)
Idaho State Department of Education, Title IV, Part A (Safe
and Drug Free Schools and Community Grants)
Illinois State Board of Education, Title I, Part A (Grants to
LEAs), Title II, Part A (Improving Teacher Quality State Grants), Title
II, Part B, Sections 2201-2203 (Math Science Partnerships), Title II,
Part D (Ed-Tech), Title IV, Part A (Safe and Drug Free Schools and
Community Grants), and Title IV, Part B (21st Century Community
Learning Centers)
Massachusetts Department of Elementary and Secondary
Education, Title I, Part A (Grants to LEAs), Title I, Part B, Subpart 3
(Even Start), Title I, Part D (Neglected and Delinquent Program), Title
II, Part A (Improving Teacher Quality State Grants), Title II, Part B,
Sections 2201-2203 (Math Science Partnerships), Title II, Part D (Ed-
Tech), Title III, Part A (English Language State Grants), Title IV,
Part A (Safe and Drug Free Schools and Community Grants), Title IV,
Part B (21st Century Community Learning Centers), and Title VI, Part A,
Subpart I, Section 6111 (State Assessment Grants)
New York State Education Department, Title I, Part A (Grants
to LEAs), Title II, Part A (Improving Teacher Quality State Grants),
Title II, Part D (Ed-Tech), Title III, Part A (English Language State
Grants), and Title IV, Part A (Safe and Drug Free Schools and Community
Grants)
North Carolina Department of Public Instruction, Title II,
Part D (Ed-Tech)
Ohio Department of Education, Title I, Part B, Subpart 3 (Even
Start), Title I, Part C (Migrant Education State Grants), Title I, Part
D (State Agency Neglected and Delinquent Program), Title II, Part B,
Sections 2201-2203 (Math Science Partnerships), Title II, Part D (Ed-
Tech), and Title IV, Part A (Safe and Drug Free Schools and Community
Grants)
Virgin Islands Department of Education, Title I, Part A,
Subpart 2, Section 1121(b)-(c) (Grants to the Outlying Areas)
West Virginia Department of Education, Title I, Part A (Grants
to LEAs), Title I, Part B, Subpart 3 (Even Start), Title I, Part C
(Migrant Education State Grants), Title II, Part A (Improving Teacher
Quality State Grants), Title II, Part B, Sections 2201-2203 (Math
Science Partnerships), Title II, Part D (Ed-Tech), Title III, Part A
(English Language State Grants), and Title IV, Part A (Safe and Drug
Free Schools and Community Grants)
B. Waivers Granted for ESEA State-Administered Formula Grant Programs
That Received FY 2009 Funds Under the ARRA
Extended until September 30, 2012, the period of availability of
funds under certain grant programs.
Provision waived: Section 421(b) of GEPA.
14 Waiver applicants and affected programs:
American Samoa Department of Education, Title I, Part A,
Subpart 2, Section 1121(b)-(c) (Grants to the Outlying Areas)
Arizona Department of Education, Title II, Part D (Ed-Tech)
Bureau of Indian Education, Title I, Part A (Grants to LEAs),
and Title II, Part D (Ed-Tech)
Delaware Department of Education, Title I, Part A (Grants to
LEAs), and Title II, Part D (Ed-Tech)
Georgia Department of Education, Title I, Part A (Grants to
LEAs), and Title II, Part D (Ed-Tech)
Guam Department of Education, Title I, Part A, Subpart 2,
Section 1121(b)-(c) (Grants to the Outlying Areas)
Idaho State Department of Education, Title I, Part A (Grants
to LEAs)
Illinois State Board of Education, Title I, Part A (Grants to
LEAs), and Title II, Part D (Ed-Tech)
Massachusetts Department of Elementary and Secondary
Education, Title I, Part A (Grants to LEAs), and Title II, Part D (Ed-
Tech)
New York State Education Department, Title I, Part A (Grants
to LEAs), and Title II, Part D (Ed-Tech)
North Carolina Department of Public Instruction, Title II,
Part D (Ed-Tech)
Ohio Department of Education, Title I, Part A (Grants to
LEAs), and Title II, Part D (Ed-Tech)
Virgin Islands Department of Education, Title I, Part A,
Subpart 2, Section 1121(b)-(c) (Grants to the Outlying Areas)
West Virginia Department of Education, Title I, Part A (Grants
to LEAs), and Title II, Part D (Ed-Tech)
C. Waivers for the Enhancing Education Through Technology Program
Extended until September 30, 2013, the period of availability of FY
2010 (non-ARRA) funds awarded under the Title II, Part D (Ed-Tech)
grant program.
Provision waived: Section 421(b) of GEPA.
One Waiver applicant:
[[Page 46794]]
Idaho State Department of Education
D. Waivers for the Migrant Education Consortium Incentive Grant Program
Extended until September 30, 2012, the period of availability of FY
2009 funds awarded under the Title I, Part C (Migrant Education
Consortium Incentive Grant) grant program.
Provision waived: Section 421(b) of GEPA.
One Waiver applicant:
North Carolina Department of Public Instruction
E. Waivers of Consolidated Grant Funds for Insular Areas
Extended until September 30, 2014, the period of availability of FY
2012 funds awarded under Title I, Part A, Subpart 2, Section 1121(b)
and (c) (Grants to the Outlying Areas)
Provision waived: Section 421(b) of GEPA.
Two Waiver applicants:
Commonwealth of the Northern Mariana Islands Public School
System
Virgin Islands Department of Education
F. Waivers of the School Improvement Requirements for Certain Fiscal
Years' Funds
Extended the period of availability of FY 2009 SIG funds awarded
under section 1003(g) of the ESEA.
Provision waived: Section 421(b) of GEPA.
One Waiver applicant:
Delaware Department of Education
Extended the period of availability of FY 2010 SIG funds awarded
under section 1003(g) of the ESEA.
Provision waived: Section 421(b) of GEPA.
24 Waiver applicants:
Arizona Department of Education
Arkansas Department of Education
Colorado Department of Education
Delaware 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
Nevada Department of Education
New Jersey Department of Education
New York State Education Department
Ohio Department of Education
Oklahoma State Department of Education
Oregon Department of Education
Puerto Rico Department of Education
South Carolina Department of Education
Tennessee Department of Education
Wyoming Department of Education
Extended the period of availability of FY 2011 SIG funds awarded
under section 1003(g) of the ESEA.
Provision waived: Section 421(b) of GEPA.
13 Waiver applicants:
Alabama Department of Education
Arkansas Department of Education
California Department of Education
Colorado Department of Education
Delaware Department of Education
Illinois State Board of Education
Indiana Department of Education
Louisiana Department of Education
Massachusetts Department of Elementary and Secondary Education
Missouri Department of Elementary and Secondary Education
Nebraska Department of Education
Nevada Department of Education
Rhode Island Department of Education
G. Waivers for the Striving Readers Comprehensive Literacy Formula
Grant Program
Extended the period of availability of FY 2010 funds awarded under
Title I, Part E, Section 1502 of the ESEA.
Provision waived: Section 421(b) of GEPA.
Six Waiver applicants:
Idaho State Department of Education
Louisiana Department of Education
Maine Department of Education
Missouri Department of Elementary and Secondary Education
Nebraska Department of Education
Wisconsin Department of Public Instruction
III. Waivers of SIG Requirements
A. Waivers of School Eligibility Requirements and Definition of
Persistently Lowest-Achieving Schools
Waived the school eligibility requirements to enable a State to
replace its list of Tier I, Tier II, and Tier III schools with its 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).
Three Waiver applicants:
Minnesota Department of Education
Oklahoma State Department of Education
Tennessee Department of Education
B. Waivers Granting Additional Time To Meet Teacher and Principal
Evaluation Requirements (Cohorts 1 and 2 Schools)
Allowed SEAs to permit an LEA that was implementing during the
2010-2011 school year a transformation model with SIG funds, which
required development and implementation of high-quality evaluation
systems, to have additional time to meet the teacher and principal
evaluation requirements in schools that were not able to do so that
year.
Provision waived: Section I.A.2(d)(1)(i)(B) of the SIG final
requirements (75 FR 66363).
18 Waiver applicants:
a. Cohort 1 Schools:
Alabama Department of Education
California Department of Education
Hawaii State Department of Education
Illinois State Board of Education
Mississippi Department of Education
Missouri Department of Elementary and Secondary Education
New Jersey Department of Education
Pennsylvania Department of Education
Puerto Rico Department of Education
Texas Education Agency
Vermont Agency of Education
b. Cohort 2 Schools:
Illinois State Board of Education
Mississippi Department of Education
Missouri Department of Elementary and Secondary Education
New Jersey Department of Education
Pennsylvania Department of Education
Puerto Rico Department of Education
Texas Education Agency
IV. Waivers of Related to State Academic Standards and Assessments
A. Waivers Regarding Standards and Assessments
Allowed the Kansas State Department of Education to permit
McPherson Unified School District (MUSD), Kansas City, Kansas Public
Schools (KCKPS), and the Clifton-Clyde Unified School District
(Clifton-Clyde) to--
(1) Administer the ACT in grade 12 and the EXPLORE in grade 8 in
lieu of the Kansas State assessments; and
(2) Use the results of those assessments for accountability
purposes.
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) and 200.2(b)(1)
and (b)(3)(i).
One Waiver applicant:
Kansas State Department of Education
Allowed Kansas to--
(1) Administer only the Algebra I end-of-course (EOC) assessment to
any middle school student who took that
[[Page 46795]]
course and to use those results in middle school accountability
determinations rather than results from the 7th or 8th grade general
mathematics assessment;
(2) Administer the Geometry EOC assessment to any 8th grade student
who took Algebra I in 7th grade and Geometry in 8th grade and to use
the results of that assessment in middle school accountability
determinations; and
(3) Assess students who took Algebra I or Geometry in middle school
with the Algebra II EOC assessment in high school and use those results
for high school accountability purposes.
Provisions waived: Section 1111(b)(1)(B) and (b)(3)(C)(i) of the
ESEA, and 34 CFR 200.1(a)(1).
One Waiver applicant:
Tennessee Department of Education
Allowed Tennessee to--
(1) Use, with respect to a student who was not yet enrolled in high
school but who took Algebra I or English II and the corresponding EOC
assessment, the student's score on that assessment for accountability
purposes for the grade in which the student was enrolled; and
(2) Use EOC assessments for Algebra II and English III for high
school accountability purposes for those students who take Algebra I or
English II, respectively, prior to entering high school.
Provisions waived: Section 1111(b)(1)(B) and (b)(3)(C)(i) of the
ESEA.
B. Waivers Permitting the Use of AMOs To Make AYP Determinations Based
on Assessments Administered the Previous Year
Permitted SEAs to use the same AMOs to make AYP determinations
based on assessments administered in the 2011-2012 school year that
were used to make such determinations based on assessments administered
in the 2010-2011 school year.
Provision waived: Section 1111(b)(2)(H) of the ESEA.
Eight Waiver applicants:
Alabama Department of Education
Alaska Department of Education and Early Development
Idaho State Department of Education
Illinois State Board of Education
Iowa Department of Education
Kansas State Department of Education
Maine Department of Education
West Virginia Department of Education
V. 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
Permitted the Hillsborough County Public Schools (Florida) to
reserve up to 6.6 percent of its FY 2012 Title I allocation for rewards
and incentives in the 43 schools identified by the LEA.
Provision waived: Section 1113(c)(4) of the ESEA.
One Waiver applicant:
Hillsborough County Public Schools (Florida)
VI. Schoolwide Poverty Threshold Waivers Allowing Flexibility for
Schoolwide Programs in Title I Schools
Permitted Dunn School and Memorial School in Maine's Regional
School Unit/Maine School Administrative District #15 (MSAD #15) to
become Title I, Part A schoolwide program schools with percentages of
low-income students of less than 40 percent.
Provision waived: Section 1114(a)(1) of the ESEA.
One Waiver applicant:
MSAD #15
Permitted Piedmont Valley Elementary (Piedmont) in South Dakota to
be eligible to operate a schoolwide program with less than 40 percent
of students being from low-income families.
Provision waived: Section 1114(a)(1) of the ESEA.
One Waiver applicant:
Meade School District 46-1
VII. Waivers Regarding Public School Choice Notice
Allowed SEAs to provide notice of public school choice options less
than 14 days before the start of the school year to parents of eligible
children attending schools that were newly identified for improvement
for the 2011-2012 school year 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).
Four Waiver applicants:
Minnesota Department of Education
Nebraska Department of Education
Oklahoma State Department of Education
Wyoming Department of Education
VIII. Waivers Allowing LEAs To Provide SES, in Addition to Public
School Choice, to Eligible Students in Title I Schools in the First
Year of School Improvement and To Count the Costs of Both Toward
Meeting the LEAs' ``20 Percent Obligation''
New Applicants:
1. Waiver applicant: Wyoming Department of Education
Provisions waived: Section 1116(b)(10) of the ESEA and 34
CFR 200.48.
Description of waiver: For the 2010-2011 and 2011-2012
school year, permitted an LEA in Wyoming to offer SES, in addition to
public school choice, to eligible students in a Title I school in the
first year of school improvement and to count the costs of providing
SES to these students toward meeting the LEA's ``20 percent
obligation.''
Continuation Applicant:
1. Waiver applicant: Alabama Department of Education
Provisions waived: Section 1116(b)(10) of the ESEA and 34
CFR 200.48.
Description of waiver: For the 2012-2013 school year,
permitted LEAs in Alabama to offer SES, in addition to public school
choice, to eligible students in Title I schools in the first year of
improvement and to count the costs of providing SES to these students
toward meeting the LEA's ``20 percent obligation.''
IX. Waivers Allowing SEAs or LEAs To Approve Schools or LEAs in Need of
Improvement To Become SES Providers
1. Waiver applicant: California Department of Education
Provisions waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
Description of waiver: Permitted California to approve a
school or LEA identified for improvement, corrective action, or
restructuring to serve as a provider of SES during the 2012-2013 and
2013-2014 school year.
2. Waiver applicant: Montana Office of Public Instruction
Provisions waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
Description of waiver: Permitted Montana to approve a
school or LEA identified for improvement, corrective action, or
restructuring to serve as a provider of SES during the 2012-2013 school
year.
3. Waiver applicant: Nebraska Department of Education
Provisions waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
Description of waiver: Permitted Nebraska to approve a
school or LEA
[[Page 46796]]
identified for improvement, corrective action, or restructuring to
serve as a provider of SES during the 2011-2012 school year.
4. Waiver applicant: Wyoming Department of Education
Provisions waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
Description of waiver: Permitted Wyoming to approve a
school or LEA identified for improvement, corrective action, or
restructuring to serve as a provider of SES for the 2010-2011 and 2011-
2012 school years.
X. Authorizing an SEA To Waive the Carryover Limitation for an LEA
Because of Its Receipt of Title I, Part A ARRA Funds
Waiver to permit an SEA to waive the carryover limitation more than
once within three years for an LEA that needs the additional waiver
because of its receipt of Title I, Part A ARRA funds.
Provision waived: Section 1127(b) of the ESEA.
Eight Waiver applicants:
Maine Department of Education
Michigan Department of Education
