82 FR 46773 - Notice of Waivers Granted Under Section 9401 of the Elementary and Secondary Education Act of 1965, as Amended
DEPARTMENT OF EDUCATION
Federal Register Volume 82, Issue 193 (October 6, 2017)
Page Range
46773-46778
FR Document
2017-21620
In this notice, we announce the waivers that the U.S. Department of Education (Department) granted during calendar year 2014 under the waiver authority in the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001 (ESEA), including waivers related to flexibilities granted to States in exchange for State-led reforms (ESEA flexibility). The ESEA requires that the Department publish in the Federal Register, and disseminate to interested parties, a notice of its decision to grant a waiver of statutory or regulatory requirements under the ESEA. Between 2011 and 2016, the Department granted more than 800 waivers of statutory or regulatory requirements to State educational agencies (SEAs) but neglected to comply with the ESEA's publication and dissemination requirements. This notice is intended to fulfill the Department's obligation to publicize its waiver decisions by identifying the waivers granted during each calendar year.
Federal Register, Volume 82 Issue 193 (Friday, October 6, 2017)
[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Notices]
[Pages 46773-46778]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-21620]
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DEPARTMENT OF EDUCATION
Notice of Waivers Granted Under Section 9401 of the Elementary
and Secondary Education Act of 1965, as Amended
AGENCY: Office of Elementary and Secondary Education, Department of
Education.
ACTION: Notice.
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SUMMARY: In this notice, we announce the waivers that the U.S.
Department of Education (Department) granted during calendar year 2014
under the waiver authority in the Elementary and Secondary Education
Act of 1965, as amended by the No Child Left Behind Act of 2001 (ESEA),
including waivers related to flexibilities granted to States in
exchange for State-led reforms (ESEA flexibility).
The ESEA requires that the Department publish in the Federal
Register, and disseminate to interested parties, a notice of its
decision to grant a waiver of statutory or regulatory requirements
under the ESEA. Between 2011 and 2016, the Department granted more than
800 waivers of statutory or regulatory requirements to State
educational agencies (SEAs) but neglected to comply with the ESEA's
publication and dissemination requirements. This notice is intended to
fulfill the Department's obligation to publicize its waiver decisions
by identifying the waivers granted during each calendar year.
FOR FURTHER INFORMATION CONTACT: Kia Weems, U.S. Department of
Education, 400 Maryland Avenue SW., Room 3W341, Washington, DC 20202.
Telephone: (202) 260-2221 or by email: [email protected].
If you use a telecommunications device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.
SUPPLEMENTARY INFORMATION: In 2014, the Department granted waivers
through an initiative known as ESEA flexibility to 39 States under the
waiver authority in section 9401 of the ESEA, in exchange for rigorous
and comprehensive State-developed plans designed to improve student
academic
[[Page 46774]]
achievement and increase the quality of instruction. We granted:
(a) The following 10 waivers to 39 SEAs under ESEA flexibility:
1. Flexibility Regarding the 2014 Timeline for Determining Adequate
Yearly Progress (AYP);
2. Flexibility in Implementation of School Improvement
Requirements;
3. Flexibility in Implementation of Local Educational Agency (LEA)
Improvement Requirements;
4. Flexibility for Rural LEAs;
5. Flexibility for Schoolwide Programs;
6. Flexibility to Support School Improvement;
7. Flexibility for Reward Schools;
8. Flexibility Regarding Highly Qualified Teacher (HQT) Improvement
Plans;
9. Flexibility to Transfer Certain Funds; and
10. Flexibility to Use School Improvement Grant (SIG) funds to
Support Priority Schools.
In addition to waiving the 10 provisions listed above, the
Department granted three optional waivers under ESEA flexibility
related to the following:
1. Waivers of the 21st Century Community Learning Centers (21st
CCLC) requirement to provide services during non-school hours or when
school is not in session;
2. Waivers of the requirement to make AYP determinations; and
3. Waivers of requirements pertaining to Title I, Part A within-
district allocations.
(b) 67 waivers extending the period in which funds were available
for obligation: Three waivers extending the period of availability of
fiscal year (FY) 2009 SIG funds under the regular appropriation and the
American Recovery and Reinvestment Act of 2009 (ARRA); 62 waivers
extending the period of availability of FY 2010, 2011, 2012, or 2013
SIG funds; one waiver related to consolidated grant funds for Insular
Areas; and one waiver extending the period for the Mathematics and
Science Partnerships program funds;
(c) Eight waivers pertaining to SIG school eligibility requirements
and the definition of ``persistently lowest-achieving schools'';
(d) Six waivers allowing SEAs to approve schools or LEAs identified
as ``in need of improvement'' to become supplemental educational
services (SES) providers;
(e) 39 waivers of requirements related to State academic standards
or assessments: 18 waivers of the statutory and regulatory requirements
under Title I, Part A of the ESEA that required States to apply the
same academic content and academic achievement standards to, and to use
the same academic assessment for, all public schools and public school
children in the State; 13 waivers that allowed students (except those
with the most significant cognitive disabilities) to take only one
assessment in each content area in 2013-2014--either the current State
assessment or the full form of the field test of the new assessments
aligned to college- and career-ready standards; four waivers permitting
the State to assess students who were not yet enrolled in high school
but who took advanced, high school level coursework with the
corresponding advanced, high school level assessment alone; three
waivers permitting students with the most significant cognitive
disabilities within the State to take only one assessment in each
content area in 2013-2014--either the current State alternate
assessments based on alternate academic achievement standards or the
field test of new alternate assessments; and one waiver permitting a
State to administer the high school exit examination to high school
students in grade 10 and the alternate performance assessment to
students with the most significant cognitive disabilities;
(f) Two waivers of the third of three annual measureable
achievement objectives (AMAOs 3) under Title III, allowing States to
use the same targets used to determine AYP under Title I in place of
the State's AMOs;
(g) One waiver of the requirement under Title I, Part A to provide
parents notice of public school choice options at least 14 days before
the start of the school year; and
(h) 10 waivers of the Teacher Incentive Fund (TIF) program absolute
priority requirement in the notice of final priorities (NFR) that
required each TIF grantee to develop a rigorous evaluation system for
teachers and principals, and of one of the five core elements in the
NFR.
I. ESEA Flexibility Waivers
A. Flexibility Regarding the 2014 Timeline for Determining AYP
The Department waived the requirements in section 1111(b)(2)(E)-(H)
of the ESEA that prescribe how an SEA establishes AMOs for determining
AYP to ensure that all students met or exceeded the State's proficient
level of academic achievement on the State's assessments in reading/
language arts and mathematics no later than the end of the 2013--2014
school year. Under this waiver, an SEA no longer needed to follow the
statutory procedures for setting AMOs to use in determining AYP.
Instead, an SEA had flexibility to develop new ambitious but achievable
AMOs in reading/language arts and mathematics in order to provide
meaningful goals to guide support and improvement efforts for the
State, LEAs, schools, and student subgroups.
Provisions waived: Section 1111(b)(2)(E)-(H) of the ESEA.
B. Flexibility in Implementation of School Improvement Requirements
The Department waived the requirements in section 1116(b) of the
ESEA for an LEA to identify for improvement, corrective action, or
restructuring, as appropriate, a Title I school that failed, for two
consecutive years or more, to make AYP, and for a school so identified
and its LEA to take certain improvement actions. Under this waiver, an
LEA was no longer required to identify respective Title I schools for
improvement, corrective action, or restructuring, and neither the LEA
nor its schools were required to take statutorily required improvement
actions, including providing public school choice and supplemental
educational services (SES) to eligible students. An LEA was also exempt
from administrative and reporting requirements related to school
improvement.
Provision waived: Section 1116(b) of the ESEA, except that (b)(13)
was not waived.
C. Flexibility in Implementation of LEA Improvement
The Department waived the requirements in section 1116(c) of the
ESEA for an SEA to identify for improvement or corrective action, as
appropriate, an LEA that, for two consecutive years or more, failed to
make AYP, and neither the LEA nor the SEA was required to take
statutorily required improvement actions. An LEA was also exempt from
associated administrative and reporting requirements related to LEA
improvement.
Provisions waived: Section 1116(c)(3) and (5)-(11) of the ESEA.
D. Flexibility for Rural LEAs
The Department waived the requirements in sections 6213(b) and
6224(e) of the ESEA that limited participation in, and use of funds
under, the Small, Rural School Achievement (SRSA) and Rural and Low-
Income School (RLIS) programs based on whether an LEA made AYP and was
complying with the requirements in section 1116 of the ESEA. Under the
waiver, an LEA that received SRSA or RLIS funds had flexibility to use
those
[[Page 46775]]
funds for any authorized purpose regardless of the LEA's AYP status.
Provisions waived: Sections 6213(b) and 6224(e) of the ESEA.
E. Flexibility for Schoolwide Programs
The Department waived the requirement in section 1114(a)(1) of the
ESEA that a school have a poverty percentage of 40 percent or more in
order to operate a schoolwide program. Under this waiver, an LEA had
flexibility to operate a schoolwide program in a Title I school that
did not meet the 40 percent poverty threshold if the SEA identified the
school as a priority school or a focus school, and the LEA implemented
interventions consistent with the turnaround principles or
interventions that were based on the needs of the students in the
school and designed to enhance the entire educational program in the
school, as appropriate.
Provision waived: Section 1114(a)(1) of the ESEA.
F. Flexibility To Support School Improvement
The Department waived the requirement in section 1003(a) of the
ESEA for an SEA to distribute funds reserved under that section only to
LEAs with schools identified for improvement, corrective action, or
restructuring. Under this waiver, an SEA had flexibility to allocate
ESEA section 1003(a) funds to an LEA in order to serve any priority or
focus school, if the SEA determined such school was most in need of
additional support.
Provision waived: Section 1003(a) of the ESEA.
G. Flexibility for Reward Schools
The Department waived the provision in section 1117(c)(2)(A) of the
ESEA that authorized an SEA to reserve Title I, Part A funds to reward
a Title I school that (1) significantly closed the achievement gap
between subgroups in the school; or (2) exceeded AYP for two or more
consecutive years. Under this waiver, an SEA had flexibility to use
funds reserved under section 1117(c)(2)(A) of the ESEA to provide
financial rewards to any reward school, if the SEA determined such
school was most appropriate to receive a financial reward.
Provision waived: Section 1117(b)(1)(B) of the ESEA.
H. Flexibility Regarding HQT Improvement Plans
The Department waived the requirements in section 2141(a) through
(c) of the ESEA for an LEA and SEA to comply with certain requirements
for improvement plans regarding highly qualified teachers. Under the
waiver, an LEA that did not meet its HQT target did not have to develop
an improvement plan under section 2141 of the ESEA and had flexibility
in how it used its Title I and Title II funds. An SEA was exempt from
the requirements regarding its role in the implementation of those
plans, including the requirement that it enter into agreements with
LEAs on the use of funds and the requirement that it provide technical
assistance to LEAs on their plans.
Provisions waived: Section 2141(a)-(c) of the ESEA.
I. Flexibility To Transfer Certain Funds
The Department waived the limitations in section 6123 of the ESEA
that limited the amount of funds an SEA or LEA may transfer from
certain ESEA programs to other ESEA programs. Under this waiver, an SEA
and its LEAs had flexibility to transfer up to 100 percent of the funds
received under the authorized programs among those programs and into
Title I, Part A. Moreover, to minimize burden at the State and local
levels, the SEA was not required to notify the Department, and its
participating LEAs were not required to notify the SEA, prior to
transferring funds.
Provisions waived: Section 6123(a), (b)(1), (d), and (e)(1) of the
ESEA.
J. Flexibility To Use SIG Funds To Support Priority Schools
The Department waived the requirements in section 1003(g)(4) of the
ESEA and the definition of a Tier I school in Section I.A.3 of the SIG
final requirements. Under this waiver, an SEA had flexibility to award
SIG funds available under section 1003(g) of the ESEA to an LEA to
implement one of the four SIG models in any priority school.
Provisions waived: Section 1003(g)(4) of the ESEA and section I.A.3
of the notice of final requirements for SIG Grants, published in the
Federal Register on October 28, 2010 (74 FR 65618).
Waiver applicants:
Alabama State Board of Education
Arizona Department of Education
Arkansas Department of Education
Colorado Department of Education
Delaware Department of Education
District of Columbia Office of the State Superintendent of
Education
Florida Department of Education
Georgia Department of Education
Hawaii State Department of Education
Idaho State Department of Education
Illinois State Board of Education
Indiana Department of Education
Kansas State Department of Education
Kentucky Department of Education
Louisiana Department of Education
Maryland State Department of Education
Massachusetts Department of Elementary and Secondary Education
Michigan Department of Education
Minnesota Department of Education
Mississippi Department of Education
Missouri Department of Elementary and Secondary Education
Nevada Department of Education
New Jersey Department of Education
New Mexico Public Education Department
New York State Education Department
North Carolina Department of Public Instruction
Ohio Department of Education
Oklahoma State Department of Education
Oregon Department of Education
Pennsylvania Department of Education
Puerto Rico Department of Education
Rhode Island Department of Education
South Carolina Department of Education
South Dakota Department of Education
Tennessee Department of Education
Texas Education Agency
Utah State Office of Education
Virginia Department of Education
Wisconsin Department of Public Instruction
K. Flexibility in the Use of 21st CCLC Program Funds
The Department waived requirements in sections 4201(b)(1)(A) and
4204(b)(2)(A) of the ESEA that restricted the activities provided by a
community learning center under the 21st CCLC program to activities
provided only during non-school hours or periods when school was not in
session (i.e., before and after school or during summer recess). Under
this waiver, an SEA had flexibility to permit community learning
centers to use 21st CCLC funds to support expanded learning time during
the school day in addition to activities during non-school hours or
periods when school was not in session.
Provisions waived: Section 4201(b)(1)(A) and 4204(b)(2)(A) of the
ESEA.
Waiver applicants:
Alabama State Board of Education
Arizona Department of Education
Arkansas Department of Education
Colorado Department of Education
Delaware Department of Education
[[Page 46776]]
District of Columbia Office of the State Superintendent of
Education
Florida Department of Education
Georgia Department of Education
Hawaii State Department of Education
Idaho State Department of Education
Illinois State Board of Education
Indiana Department of Education
Kansas State Department of Education
Kentucky Department of Education
Louisiana Department of Education
Maryland State Department of Education
Massachusetts Department of Elementary and Secondary Education
Michigan Department of Education
Minnesota Department of Education
Mississippi Department of Education
Missouri Department of Elementary and Secondary Education
Nevada Department of Education
New Jersey Department of Education
New Mexico Public Education Department
New York State Education Department
North Carolina Department of Public Instruction
Ohio Department of Education
Oklahoma State Department of Education
Oregon Department of Education
Pennsylvania Department of Education
Puerto Rico Department of Education
Rhode Island Department of Education
South Carolina Department of Education
South Dakota Department of Education
Tennessee Department of Education
Texas Education Agency
Utah State Office of Education
Virginia Department of Education
Wisconsin Department of Public Instruction
L. Flexibility Regarding Making AYP Determinations
The Department waived the requirements in section 1116(a)(1)(A)-(B)
and (c)(1)(A) of the ESEA that required LEAs and SEAs to make
determinations of AYP for schools and LEAs, respectively. Instead, an
SEA and its LEAs had to report on their report cards performance
against the AMOs for all subgroups identified in section
1111(b)(2)(C)(v) of the ESEA, and use performance against the AMOs to
support continuous improvement in Title I schools.
Provisions waived: Section 1116(a)(1)(A)-(B) and (c)(1)(A) of the
ESEA.
Waiver applicants:
Alabama State Board of Education
Arizona Department of Education
Arkansas Department of Education
Colorado Department of Education
Delaware Department of Education
District of Columbia Office of the State Superintendent of
Education
Florida Department of Education
Georgia Department of Education
Hawaii State Department of Education
Idaho State Department of Education
Illinois State Board of Education
Indiana Department of Education
Kansas State Department of Education
Kentucky Department of Education
Louisiana Department of Education
Maryland State Department of Education
Massachusetts Department of Elementary and Secondary Education
Michigan Department of Education
Minnesota Department of Education
Mississippi Department of Education
Missouri Department of Elementary and Secondary Education
Nevada Department of Education
New Jersey Department of Education
New Mexico Public Education Department
New York State Education Department
North Carolina Department of Public Instruction
Ohio Department of Education
Oklahoma State Department of Education
Oregon Department of Education
Pennsylvania Department of Education
Puerto Rico Department of Education
Rhode Island Department of Education
South Carolina Department of Education
South Dakota Department of Education
Tennessee Department of Education
Texas Education Agency
Utah State Office of Education
Virginia Department of Education
Wisconsin Department of Public Instruction
M. Flexibility Regarding Within-District Title I Allocations
The Department waived the requirements in section 1113(a)(3)-(4) of
the ESEA that required an LEA to serve eligible schools under Title I
in rank order of poverty and to allocate Title I, Part A funds based on
that rank ordering. Under this waiver, an LEA had flexibility to serve
with Title I funds a Title I-eligible high school with a graduation
rate below 60 percent that the SEA identified as a priority school even
if that school did not rank sufficiently high to be served based solely
on the school's poverty rate.
Provisions waived: Section 1113(a)(3)-(4) and (c)(1) of the ESEA.
Waiver applicants:
Alabama State Board of Education
Arizona Department of Education
Arkansas Department of Education
Colorado Department of Education
Delaware Department of Education
District of Columbia Office of the State Superintendent of
Education
Florida Department of Education
Georgia Department of Education
Hawaii State Department of Education
Idaho State Department of Education
Illinois State Board of Education
Indiana Department of Education
Kansas State Department of Education
Kentucky Department of Education
Louisiana Department of Education
Maryland State Department of Education
Massachusetts Department of Elementary and Secondary Education
Michigan Department of Education
Minnesota Department of Education
Mississippi Department of Education
Missouri Department of Elementary and Secondary Education
Nevada Department of Education
New Jersey Department of Education
New Mexico Public Education Department
New York State Education Department
North Carolina Department of Public Instruction
Ohio Department of Education
Oklahoma State Department of Education
Oregon Department of Education
Pennsylvania Department of Education
Puerto Rico Department of Education
Rhode Island Department of Education
South Carolina Department of Education
South Dakota Department of Education
Tennessee Department of Education
Texas Education Agency
Utah State Office of Education
Virginia Department of Education
Wisconsin Department of Public Instruction
II. Extensions of the Obligation Period
A. Waivers to extend the period of availability of SIG ARRA funds.
Extended the period of availability of FY 2009 SIG funds awarded
under Public Law 111-5, ARRA.
Provision waived: Tydings Amendment, section 421(b) of the General
Education Provisions Act (GEPA) (20 U.S.C. 1225(b)).
Waiver applicants:
Georgia Department of Education
New York State Education Department
[[Page 46777]]
Texas Education Agency
B. Waivers to extend the period of availability of SIG funds.
1. Extended the period of availability of FY 2009 SIG funds awarded
under section 1003(g) of the ESEA.
Provision waived: Tydings Amendment, section 421(b) of GEPA (20
U.S.C. 1225(b)).
Waiver applicants:
Georgia Department of Education
New York State Education Department
Texas Education Agency
2. Extended the period of availability of FY 2010 SIG funds awarded
under section 1003(g) of the ESEA.
Provision waived: Tydings Amendment, section 421(b) of GEPA (20
U.S.C. 1225(b)).
Waiver applicants:
Arkansas Department of Education
Idaho State Department of Education
Illinois State Board of Education
Iowa Department of Education
Louisiana Department of Education
Mississippi Department of Education
Nebraska Department of Education
New Hampshire Department of Education
New Jersey Department of Education
New Mexico Public Education Department
New York State Education Department
Oklahoma State Department of Education
Texas Education Agency
3. Extended the period of availability of FY 2011 SIG funds awarded
under section 1003(g) of the ESEA.
Provision waived: Tydings Amendment, section 421(b) of GEPA (20
U.S.C. 1225(b)).
Waiver applicants:
Delaware Department of Education
Hawaii State Department of Education
Maine Department of Education
Michigan Department of Education
Minnesota Department of Education
Mississippi Department of Education
New Jersey Department of Education
Pennsylvania Department of Education
Puerto Rico Department of Education
Rhode Island Department of Education
Tennessee Department of Education
Wisconsin Department of Public Instruction
4. Extended the period of availability of FY 2012 SIG funds awarded
under section 1003(g) of the ESEA.
Provision waived: Tydings Amendment, section 421(b) of GEPA (20
U.S.C. 1225(b)).
Waiver applicants:
Alabama State Board of Education
Arizona Department of Education
California Department of Education
Florida Department of Education
Hawaii State Department of Education
Illinois State Board of Education
Iowa Department of Education
Maine Department of Education
Maryland State Department of Education
Michigan Department of Education
Minnesota Department of Education
Mississippi Department of Education
Missouri Department of Elementary and Secondary Education
New Hampshire Department of Education
New Jersey Department of Education
New Mexico Public Education Department
New York State Education Department
North Dakota Department of Public Instruction
Ohio Department of Education
Oklahoma State Department of Education
Oregon Department of Education
Pennsylvania Department of Education
Puerto Rico Department of Education
South Dakota Department of Education
Tennessee Department of Education
Texas Education Agency
Utah State Office of Education
Virginia Department of Education
Washington Office of the Superintendent of Public Instruction
West Virginia Department of Education
Wisconsin Department of Public Instruction
5. Extended the period of availability of FY 2013 SIG funds awarded
under section 1003(g) of the ESEA.
Provision waived: Tydings Amendment, section 421(b) of GEPA (20
U.S.C. 1225(b)).
Waiver applicants:
Alaska Department of Education and Early Development
Tennessee Department of Education
Wisconsin Department of Public Instruction
C. Waiver to extend the period of availability of FY 2012 funds
received under section 1003(g) of the ESEA and included in Consolidated
Grant funds for Insular Areas.
Provision waived: Tydings Amendment, section 421(b) of GEPA (20
U.S.C. 1225(b)).
Waiver applicant:
Virgin Islands Department of Education
D. Waiver to extend the period of availability of FY 2012 funds for
the Mathematics and Science Partnerships program awarded under Title
II, Part B of the ESEA.
Provision waived: Tydings Amendment, section 421(b) of GEPA (20
U.S.C. 1225(b)).
Waiver applicant:
Illinois State Board of Education
III. Waivers of School Eligibility Requirements and Definition of
``Persistently Lowest-Achieving Schools''
Waivers to replace the list of Tier I, Tier II, and Tier III
schools with the State's list of priority schools and to replace the
definition of ``persistently lowest-achieving schools'' with the
State's definition of ``priority schools.''
Provisions waived: Sections I.A.1 and I.A.3 of the SIG final
requirements, 75 FR 66363.
Waiver applicants:
California Department of Education
Connecticut State Department of Education
Delaware Department of Education
Florida Department of Education
Idaho State Department of Education
Illinois State Board of Education
New Mexico Public Education Department
South Dakota Department of Education
IV. Waivers Allowing SEAs To Approve Schools or LEAs Identified as in
Need of Improvement To Become SES Providers
Waivers permitting SEAs to approve a school or LEA identified for
improvement, corrective action, or restructuring to serve as an SES
provider.
Provisions waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
Waiver applicants:
California Department of Education
Illinois State Board of Education
Montana Office of Public Instruction
North Dakota Office of Public Instruction
Washington Office of the Superintendent of Public Instruction
Wyoming Department of Education
V. Waivers Allowing Substitution of State Academic Standards and
Assessments
Provisions waived: Section 1111(b)(1)(B), (b)(3)(A), (b)(3)(C)(i),
and (b)(3)(C)(ii) of the ESEA, and 34 CFR 200.1(a)(1).
A. One-year waiver of the statutory and regulatory requirements
under Title I, Part A of the ESEA that required States to apply the
same academic content and academic achievement
[[Page 46778]]
standards to, and to use the same academic assessment for, all public
schools and public school children in the State.
Waiver applicants:
California Department of Education
Connecticut State Department of Education
Idaho State Department of Education
Illinois State Board of Education
Iowa Department of Education
Kansas State Department of Education
Maryland State Department of Education
Massachusetts Department of Elementary and Secondary Education
Mississippi Department of Education
Nevada Department of Education
New York State Department of Education
Ohio Department of Education
Oklahoma State Department of Education
Oregon Department of Education