82_FR_46966 82 FR 46773 - Notice of Waivers Granted Under Section 9401 of the Elementary and Secondary Education Act of 1965, as Amended

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 Range46773-46778
FR Document2017-21620

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
 Rhode Island Department of Education
 South Dakota Department of Education
 Vermont Agency of Education
 Washington Office of the Superintendent of Public Instruction

    B. Waiver permitting students (except those with the most 
significant cognitive disabilities) to take only one assessment in each 
content area in 2013-2014--either the current State assessment or the 
full form of the field test of the new assessments aligned to college- 
and career-ready standards.
    Waiver applicants:

 California Department of Education
 Connecticut State Department of Education
 Idaho State Department of Education
 Illinois State Board of Education
 Iowa Department of Education
 Maryland State Department of Education
 Massachusetts Department of Elementary and Secondary Education
 Nevada Department of Education
 Oregon Department of Education
 South Dakota Department of Education
 Vermont Agency of Education
 Washington Office of the Superintendent of Public Instruction

    C. Waiver permitting the State to assess students who were not yet 
enrolled in high school but who took advanced, high school level 
coursework with the corresponding advanced, high school level 
assessment alone.
    Waiver applicants:

 New York State Department of Education
 Ohio Department of Education
 Oklahoma State Department of Education
 Rhode Island Department of Education

    D. Waiver permitting students with the most significant cognitive 
disabilities within the State to take only one assessment in each 
content area in 2013-2014--either the current State alternate 
assessments based on alternate academic achievement standards or the 
field test of new alternate assessments.
    Waiver applicants:

 Idaho State Department of Education
 Kansas State Department of Education
 Mississippi Department of Education

    E. Waiver permitting a State to administer the high school exit 
examination to high school students in grade 10 and the alternate 
performance assessment to students with the most significant cognitive 
disabilities.
    Waiver applicant:

 California Department of Education

VI. AMAO Determinations Under ESEA Title III

    One-year waiver to allow the SEA to use, for purposes of AMAO 3, 
the same targets used in the growth component of its State-developed 
differentiated recognition, accountability, and support system in 
reading, writing, and mathematics, in place of the State's AMOs.
    Provision waived: Section 3122(a)(3)(A)(iii) of the ESEA.
    Waiver applicants:

 Nevada Department of Education
 Oregon Department of Education

VII. Waivers Regarding Public School Choice Notice

    Allowed a State to postpone notice of public school choice options 
beyond 14 days before the start of the school year to parents of 
eligible children attending schools that were newly identified for 
improvement or made AYP in the previous year, but did not exit 
improvement status.
    Provisions waived: Section 1116(b)(1)(E)(i) of the ESEA and 34 CFR 
200.37(b)(4)(iv).
    Waiver applicant:

 Wyoming Department of Education

VIII. Waiver of Application Requirements for the TIF Program

    Waiver of two TIF requirements, permitting: (1) LEAs to use results 
of State assessments as the measure of student growth for the 
performance evaluations for teachers of tested grades and subjects, and 
(2) eligibility for TIF-funded performance-based compensation to be 
based on results of evaluations that include such a measure of student 
growth.
    Provision waived: Priority 2 of the TIF notice of final priorities, 
requirements, and definitions, published in the Federal Register on 
June 14, 2012 (77 FR 35785).
    Waiver applicants:

 Achievement First (Connecticut)
 Alliance Collins Family College-Ready High School (California)
 Alternatives in Action High School (California)
 Aspire Vanguard College Preparatory Academy (California)
 Delhi Unified School District (California)
 Lucia Mar Unified School District (California)
 National Board for Professional Teaching Standards (Virginia)
 New Haven Public School System (Connecticut)
 Northern Humboldt Union High School District (California)
 Maine School Administrative District No. 11 (Maine)

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by the Department.

    Dated: October 3, 2017.
Jason Botel,
Acting Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 2017-21620 Filed 10-5-17; 8:45 am]
 BILLING CODE 4000-01-P

Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices 46773 handicap accessible. Wheelchair access 10:30 to 11:00 a.m. will be available for Dated: October 2, 2017. is available in front at the main entrance verbal public comments. Members of A.M. Nichols, of the building. For additional the public who have requested to make Lieutenant Commander, Judge Advocate information about public access a verbal comment and whose comments General’s Corps, U.S. Navy, Federal Register procedures, contact Mr. Procell at the have been deemed relevant under the Liaison Officer. email address or telephone number process described above, will be allotted [FR Doc. 2017–21601 Filed 10–5–17; 8:45 am] listed in the FOR FURTHER INFORMATION no more than three (3) minutes during BILLING CODE 3810–FF–P CONTACT section. this period, and will be invited to speak Written Comments and Statements: in the order in which their requests Pursuant to 41 CFR 102–3.105(j) and were received. DEPARTMENT OF EDUCATION 102–3.140 and section 10(a)(3) of the Federal Advisory Committee Act, the Brenda S. Bowen, Notice of Waivers Granted Under public or interested organizations may Army Federal Register Liaison Officer. Section 9401 of the Elementary and submit written comments or statements [FR Doc. 2017–21572 Filed 10–5–17; 8:45 am] Secondary Education Act of 1965, as to the Committee, in response to the BILLING CODE 5001–03–P Amended stated agenda of the open meeting or in AGENCY: Office of Elementary and regard to the Committee’s mission in Secondary Education, Department of general. Written comments or DEPARTMENT OF DEFENSE Education. statements should be submitted to Mr. Procell, via electronic mail, the Department of the Navy ACTION: Notice. preferred mode of submission, at the SUMMARY: In this notice, we announce address listed in the FOR FURTHER Notice of Availability of Record of Decision for the Final Environmental the waivers that the U.S. Department of INFORMATION CONTACT section. Each page Impact Statement for the Disposal and Education (Department) granted during of the comment or statement must calendar year 2014 under the waiver include the author’s name, title or Reuse of the Former Naval Weapons authority in the Elementary and affiliation, address, and daytime phone Station Seal Beach, Detachment Secondary Education Act of 1965, as number. Written comments or Concord, Concord, California amended by the No Child Left Behind statements being submitted in response Act of 2001 (ESEA), including waivers to the agenda set forth in this notice AGENCY: Department of the Navy, DoD related to flexibilities granted to States must be received at least seven business ACTION: Notice. in exchange for State-led reforms (ESEA days prior to the meeting to be flexibility). considered by the Committee. The The ESEA requires that the SUMMARY: The U.S. Department of the Designated Federal Officer will review Department publish in the Federal Navy (Navy), after carefully weighing all timely submitted written comments Register, and disseminate to interested or statements with the Committee the environmental consequences of the proposed action, announces its decision parties, a notice of its decision to grant Chairperson, and ensure the comments a waiver of statutory or regulatory are provided to all members of the to implement Alternative 1, the Navy’s preferred alternative, as described in the requirements under the ESEA. Between Committee before the meeting. Written 2011 and 2016, the Department granted comments or statements received after Final Environmental Impact Statement (EIS) for the Disposal and Reuse of the more than 800 waivers of statutory or this date may not be provided to the regulatory requirements to State Committee until its next meeting. Former Naval Weapons Station Seal Beach, Detachment Concord (NWS educational agencies (SEAs) but Pursuant to 41 CFR 102–3.140d, the neglected to comply with the ESEA’s Committee is not obligated to allow a Concord), Concord, California. This decision will make approximately 4,972 publication and dissemination member of the public to speak or requirements. This notice is intended to otherwise address the Committee during acres of former NWS Concord property fulfill the Department’s obligation to the meeting. Members of the public will available to the local community for publicize its waiver decisions by be permitted to make verbal comments economic redevelopment. identifying the waivers granted during during the Committee meeting only at SUPPLEMENTARY INFORMATION: Disposal each calendar year. the time and in the manner described and reuse under the chosen alternative FOR FURTHER INFORMATION CONTACT: Kia below. If a member of the public is is consistent with the City of Concord’s Weems, U.S. Department of Education, interested in making a verbal comment ‘‘Concord Reuse Project Area Plan’’ and 400 Maryland Avenue SW., Room at the open meeting, that individual must submit a request, with a brief Public Law 101–510, the Defense Base 3W341, Washington, DC 20202. statement of the subject matter to be Closure and Realignment Act (BRAC) of Telephone: (202) 260–2221 or by email: addressed by the comment, at least three 1990, as amended in 2005. The Kia.Weems@ed.gov. (3) business days in advance to Mr. complete text of the Record of Decision If you use a telecommunications Procell, via electronic mail, the (ROD) is available for public viewing on device for the deaf (TDD) or a text preferred mode of submission, at the the project Web site at http:// telephone (TTY), call the Federal Relay address listed in the FOR FURTHER www.BRACPMO.Navy.mil along with Service (FRS), toll free, at 1–800–877– the Final EIS and supporting 8339. asabaliauskas on DSKBBXCHB2PROD with NOTICES INFORMATION CONTACT section. Requests will be logged in the order received. The documents. Single copies of the ROD SUPPLEMENTARY INFORMATION: In 2014, Designated Federal Officer in will be made available upon request by the Department granted waivers through consultation with the Committee Chair contacting: Ms. Erica Spinelli, Navy an initiative known as ESEA flexibility will determine whether the subject BRAC Program Management Office to 39 States under the waiver authority matter of each comment is relevant to West, Concord EIS, 33000 Nixie Way, in section 9401 of the ESEA, in the Committee’s mission and/or the Building 50, San Diego, California, exchange for rigorous and topics to be addressed in this public 92147–0001, telephone 619–524–5096, comprehensive State-developed plans meeting. A 30-minute period between email erica.spinelli@navy.mil. designed to improve student academic VerDate Sep<11>2014 18:40 Oct 05, 2017 Jkt 244001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\06OCN1.SGM 06OCN1

46774 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices achievement and increase the quality of content and academic achievement AYP. Instead, an SEA had flexibility to instruction. We granted: standards to, and to use the same develop new ambitious but achievable (a) The following 10 waivers to 39 academic assessment for, all public AMOs in reading/language arts and SEAs under ESEA flexibility: schools and public school children in mathematics in order to provide 1. Flexibility Regarding the 2014 the State; 13 waivers that allowed meaningful goals to guide support and Timeline for Determining Adequate students (except those with the most improvement efforts for the State, LEAs, Yearly Progress (AYP); significant cognitive disabilities) to take schools, and student subgroups. 2. Flexibility in Implementation of only one assessment in each content Provisions waived: Section School Improvement Requirements; area in 2013–2014—either the current 1111(b)(2)(E)–(H) of the ESEA. 3. Flexibility in Implementation of State assessment or the full form of the Local Educational Agency (LEA) B. Flexibility in Implementation of field test of the new assessments aligned School Improvement Requirements Improvement Requirements; to college- and career-ready standards; 4. Flexibility for Rural LEAs; four waivers permitting the State to The Department waived the 5. Flexibility for Schoolwide assess students who were not yet requirements in section 1116(b) of the Programs; enrolled in high school but who took ESEA for an LEA to identify for 6. Flexibility to Support School advanced, high school level coursework improvement, corrective action, or Improvement; with the corresponding advanced, high restructuring, as appropriate, a Title I 7. Flexibility for Reward Schools; school level assessment alone; three school that failed, for two consecutive 8. Flexibility Regarding Highly waivers permitting students with the years or more, to make AYP, and for a Qualified Teacher (HQT) Improvement most significant cognitive disabilities school so identified and its LEA to take Plans; within the State to take only one certain improvement actions. Under this 9. Flexibility to Transfer Certain assessment in each content area in waiver, an LEA was no longer required Funds; and 2013–2014—either the current State to identify respective Title I schools for 10. Flexibility to Use School improvement, corrective action, or alternate assessments based on alternate Improvement Grant (SIG) funds to restructuring, and neither the LEA nor academic achievement standards or the Support Priority Schools. its schools were required to take field test of new alternate assessments; In addition to waiving the 10 statutorily required improvement and one waiver permitting a State to provisions listed above, the Department actions, including providing public administer the high school exit granted three optional waivers under school choice and supplemental examination to high school students in ESEA flexibility related to the following: educational services (SES) to eligible 1. Waivers of the 21st Century grade 10 and the alternate performance assessment to students with the most students. An LEA was also exempt from Community Learning Centers (21st administrative and reporting CCLC) requirement to provide services significant cognitive disabilities; (f) Two waivers of the third of three requirements related to school during non-school hours or when school improvement. annual measureable achievement is not in session; Provision waived: Section 1116(b) of objectives (AMAOs 3) under Title III, 2. Waivers of the requirement to make the ESEA, except that (b)(13) was not allowing States to use the same targets AYP determinations; and waived. 3. Waivers of requirements pertaining used to determine AYP under Title I in to Title I, Part A within-district place of the State’s AMOs; C. Flexibility in Implementation of LEA (g) One waiver of the requirement Improvement allocations. (b) 67 waivers extending the period in under Title I, Part A to provide parents notice of public school choice options at The Department waived the which funds were available for requirements in section 1116(c) of the obligation: Three waivers extending the least 14 days before the start of the school year; and ESEA for an SEA to identify for period of availability of fiscal year (FY) improvement or corrective action, as (h) 10 waivers of the Teacher 2009 SIG funds under the regular appropriate, an LEA that, for two Incentive Fund (TIF) program absolute appropriation and the American consecutive years or more, failed to priority requirement in the notice of Recovery and Reinvestment Act of 2009 make AYP, and neither the LEA nor the final priorities (NFR) that required each (ARRA); 62 waivers extending the SEA was required to take statutorily TIF grantee to develop a rigorous period of availability of FY 2010, 2011, required improvement actions. An LEA evaluation system for teachers and 2012, or 2013 SIG funds; one waiver was also exempt from associated principals, and of one of the five core related to consolidated grant funds for administrative and reporting elements in the NFR. Insular Areas; and one waiver extending requirements related to LEA the period for the Mathematics and I. ESEA Flexibility Waivers improvement. Science Partnerships program funds; Provisions waived: Section 1116(c)(3) (c) Eight waivers pertaining to SIG A. Flexibility Regarding the 2014 and (5)–(11) of the ESEA. school eligibility requirements and the Timeline for Determining AYP definition of ‘‘persistently lowest- The Department waived the D. Flexibility for Rural LEAs achieving schools’’; requirements in section 1111(b)(2)(E)– The Department waived the (d) Six waivers allowing SEAs to (H) of the ESEA that prescribe how an requirements in sections 6213(b) and approve schools or LEAs identified as SEA establishes AMOs for determining 6224(e) of the ESEA that limited asabaliauskas on DSKBBXCHB2PROD with NOTICES ‘‘in need of improvement’’ to become AYP to ensure that all students met or participation in, and use of funds under, supplemental educational services (SES) exceeded the State’s proficient level of the Small, Rural School Achievement providers; academic achievement on the State’s (SRSA) and Rural and Low-Income (e) 39 waivers of requirements related assessments in reading/language arts School (RLIS) programs based on to State academic standards or and mathematics no later than the end whether an LEA made AYP and was assessments: 18 waivers of the statutory of the 2013—2014 school year. Under complying with the requirements in and regulatory requirements under Title this waiver, an SEA no longer needed to section 1116 of the ESEA. Under the I, Part A of the ESEA that required follow the statutory procedures for waiver, an LEA that received SRSA or States to apply the same academic setting AMOs to use in determining RLIS funds had flexibility to use those VerDate Sep<11>2014 18:40 Oct 05, 2017 Jkt 244001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\06OCN1.SGM 06OCN1

Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices 46775 funds for any authorized purpose improvement plans regarding highly • Indiana Department of Education regardless of the LEA’s AYP status. qualified teachers. Under the waiver, an • Kansas State Department of Education Provisions waived: Sections 6213(b) LEA that did not meet its HQT target • Kentucky Department of Education and 6224(e) of the ESEA. did not have to develop an • Louisiana Department of Education improvement plan under section 2141 • Maryland State Department of E. Flexibility for Schoolwide Programs Education of the ESEA and had flexibility in how The Department waived the it used its Title I and Title II funds. An • Massachusetts Department of requirement in section 1114(a)(1) of the SEA was exempt from the requirements Elementary and Secondary Education ESEA that a school have a poverty regarding its role in the implementation • Michigan Department of Education percentage of 40 percent or more in of those plans, including the • Minnesota Department of Education order to operate a schoolwide program. requirement that it enter into • Mississippi Department of Education Under this waiver, an LEA had agreements with LEAs on the use of • Missouri Department of Elementary flexibility to operate a schoolwide funds and the requirement that it and Secondary Education program in a Title I school that did not provide technical assistance to LEAs on • Nevada Department of Education meet the 40 percent poverty threshold if their plans. • New Jersey Department of Education the SEA identified the school as a Provisions waived: Section 2141(a)– • New Mexico Public Education priority school or a focus school, and (c) of the ESEA. Department the LEA implemented interventions • New York State Education consistent with the turnaround I. Flexibility To Transfer Certain Funds Department principles or interventions that were The Department waived the • North Carolina Department of Public based on the needs of the students in limitations in section 6123 of the ESEA Instruction the school and designed to enhance the that limited the amount of funds an SEA • Ohio Department of Education entire educational program in the or LEA may transfer from certain ESEA • Oklahoma State Department of school, as appropriate. programs to other ESEA programs. Education Provision waived: Section 1114(a)(1) Under this waiver, an SEA and its LEAs • Oregon Department of Education of the ESEA. had flexibility to transfer up to 100 • Pennsylvania Department of percent of the funds received under the Education F. Flexibility To Support School authorized programs among those • Puerto Rico Department of Education Improvement programs and into Title I, Part A. • Rhode Island Department of The Department waived the Moreover, to minimize burden at the Education requirement in section 1003(a) of the State and local levels, the SEA was not • South Carolina Department of ESEA for an SEA to distribute funds required to notify the Department, and Education reserved under that section only to its participating LEAs were not required • South Dakota Department of LEAs with schools identified for to notify the SEA, prior to transferring Education improvement, corrective action, or • Tennessee Department of Education funds. restructuring. Under this waiver, an Provisions waived: Section 6123(a), • Texas Education Agency SEA had flexibility to allocate ESEA (b)(1), (d), and (e)(1) of the ESEA. • Utah State Office of Education section 1003(a) funds to an LEA in order • Virginia Department of Education to serve any priority or focus school, if J. Flexibility To Use SIG Funds To • Wisconsin Department of Public the SEA determined such school was Support Priority Schools Instruction most in need of additional support. The Department waived the K. Flexibility in the Use of 21st CCLC Provision waived: Section 1003(a) of requirements in section 1003(g)(4) of the Program Funds the ESEA. ESEA and the definition of a Tier I The Department waived requirements school in Section I.A.3 of the SIG final G. Flexibility for Reward Schools in sections 4201(b)(1)(A) and requirements. Under this waiver, an The Department waived the provision 4204(b)(2)(A) of the ESEA that restricted SEA had flexibility to award SIG funds in section 1117(c)(2)(A) of the ESEA that the activities provided by a community available under section 1003(g) of the authorized an SEA to reserve Title I, learning center under the 21st CCLC ESEA to an LEA to implement one of Part A funds to reward a Title I school program to activities provided only the four SIG models in any priority that (1) significantly closed the during non-school hours or periods school. achievement gap between subgroups in Provisions waived: Section 1003(g)(4) when school was not in session (i.e., the school; or (2) exceeded AYP for two of the ESEA and section I.A.3 of the before and after school or during or more consecutive years. Under this notice of final requirements for SIG summer recess). Under this waiver, an waiver, an SEA had flexibility to use Grants, published in the Federal SEA had flexibility to permit funds reserved under section Register on October 28, 2010 (74 FR community learning centers to use 21st 1117(c)(2)(A) of the ESEA to provide 65618). CCLC funds to support expanded financial rewards to any reward school, Waiver applicants: learning time during the school day in if the SEA determined such school was addition to activities during non-school • Alabama State Board of Education hours or periods when school was not most appropriate to receive a financial • Arizona Department of Education reward. • Arkansas Department of Education in session. Provisions waived: Section asabaliauskas on DSKBBXCHB2PROD with NOTICES Provision waived: Section • Colorado Department of Education 1117(b)(1)(B) of the ESEA. • Delaware Department of Education 4201(b)(1)(A) and 4204(b)(2)(A) of the • District of Columbia Office of the ESEA. H. Flexibility Regarding HQT Waiver applicants: State Superintendent of Education Improvement Plans • Alabama State Board of Education • Florida Department of Education The Department waived the • Georgia Department of Education • Arizona Department of Education requirements in section 2141(a) through • Hawaii State Department of Education • Arkansas Department of Education (c) of the ESEA for an LEA and SEA to • Idaho State Department of Education • Colorado Department of Education comply with certain requirements for • Illinois State Board of Education • Delaware Department of Education VerDate Sep<11>2014 18:40 Oct 05, 2017 Jkt 244001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\06OCN1.SGM 06OCN1

46776 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices • District of Columbia Office of the • Arkansas Department of Education Waiver applicants: State Superintendent of Education • Colorado Department of Education • Alabama State Board of Education • Florida Department of Education • Delaware Department of Education • Arizona Department of Education • Georgia Department of Education • District of Columbia Office of the • Arkansas Department of Education • Hawaii State Department of Education State Superintendent of Education • Colorado Department of Education • Idaho State Department of Education • Florida Department of Education • Delaware Department of Education • Illinois State Board of Education • Georgia Department of Education • District of Columbia Office of the • Indiana Department of Education • Hawaii State Department of Education State Superintendent of Education • Kansas State Department of Education • Idaho State Department of Education • Florida Department of Education • Kentucky Department of Education • Illinois State Board of Education • Georgia Department of Education • Louisiana Department of Education • Indiana Department of Education • Hawaii State Department of Education • Maryland State Department of • Kansas State Department of Education • Idaho State Department of Education Education • Kentucky Department of Education • Illinois State Board of Education • Massachusetts Department of • Louisiana Department of Education • Indiana Department of Education Elementary and Secondary Education • Maryland State Department of • Kansas State Department of Education • Michigan Department of Education Education • Kentucky Department of Education • Minnesota Department of Education • Massachusetts Department of • Louisiana Department of Education • Mississippi Department of Education Elementary and Secondary Education • Maryland State Department of • Missouri Department of Elementary • Michigan Department of Education Education and Secondary Education • Minnesota Department of Education • Massachusetts Department of • Nevada Department of Education • Mississippi Department of Education • New Jersey Department of Education Elementary and Secondary Education • Missouri Department of Elementary • New Mexico Public Education • Michigan Department of Education and Secondary Education • Minnesota Department of Education Department • Nevada Department of Education • New York State Education • Mississippi Department of Education • New Jersey Department of Education • Missouri Department of Elementary Department • New Mexico Public Education • North Carolina Department of Public and Secondary Education Department • Nevada Department of Education Instruction • New York State Education • Ohio Department of Education • New Jersey Department of Education Department • Oklahoma State Department of • North Carolina Department of Public • New Mexico Public Education Education Instruction Department • Oregon Department of Education • Ohio Department of Education • New York State Education • Pennsylvania Department of • Oklahoma State Department of Department Education Education • North Carolina Department of Public • Puerto Rico Department of Education • Oregon Department of Education Instruction • Rhode Island Department of • Pennsylvania Department of • Ohio Department of Education Education Education • Oklahoma State Department of • South Carolina Department of • Puerto Rico Department of Education Education Education • Rhode Island Department of • Oregon Department of Education • South Dakota Department of Education • Pennsylvania Department of Education • South Carolina Department of Education • Tennessee Department of Education Education • Puerto Rico Department of Education • Texas Education Agency • South Dakota Department of • Rhode Island Department of • Utah State Office of Education Education Education • Virginia Department of Education • Tennessee Department of Education • South Carolina Department of • Wisconsin Department of Public • Texas Education Agency Education Instruction • Utah State Office of Education • South Dakota Department of L. Flexibility Regarding Making AYP • Virginia Department of Education Education • Wisconsin Department of Public • Tennessee Department of Education Determinations • Texas Education Agency Instruction The Department waived the • Utah State Office of Education requirements in section 1116(a)(1)(A)– M. Flexibility Regarding Within-District • Virginia Department of Education (B) and (c)(1)(A) of the ESEA that Title I Allocations • Wisconsin Department of Public required LEAs and SEAs to make The Department waived the Instruction determinations of AYP for schools and requirements in section 1113(a)(3)–(4) of II. Extensions of the Obligation Period LEAs, respectively. Instead, an SEA and the ESEA that required an LEA to serve its LEAs had to report on their report eligible schools under Title I in rank A. Waivers to extend the period of cards performance against the AMOs for order of poverty and to allocate Title I, availability of SIG ARRA funds. all subgroups identified in section Part A funds based on that rank Extended the period of availability of 1111(b)(2)(C)(v) of the ESEA, and use ordering. Under this waiver, an LEA had FY 2009 SIG funds awarded under performance against the AMOs to Public Law 111–5, ARRA. asabaliauskas on DSKBBXCHB2PROD with NOTICES flexibility to serve with Title I funds a support continuous improvement in Title I-eligible high school with a Provision waived: Tydings Title I schools. graduation rate below 60 percent that Amendment, section 421(b) of the Provisions waived: Section the SEA identified as a priority school General Education Provisions Act 1116(a)(1)(A)–(B) and (c)(1)(A) of the even if that school did not rank (GEPA) (20 U.S.C. 1225(b)). ESEA. sufficiently high to be served based Waiver applicants: Waiver applicants: solely on the school’s poverty rate. • Georgia Department of Education • Alabama State Board of Education Provisions waived: Section • New York State Education • Arizona Department of Education 1113(a)(3)–(4) and (c)(1) of the ESEA. Department VerDate Sep<11>2014 18:40 Oct 05, 2017 Jkt 244001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\06OCN1.SGM 06OCN1

Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices 46777 • Texas Education Agency • Alabama State Board of Education Mathematics and Science Partnerships B. Waivers to extend the period of • Arizona Department of Education program awarded under Title II, Part B availability of SIG funds. • California Department of Education of the ESEA. 1. Extended the period of availability • Florida Department of Education Provision waived: Tydings of FY 2009 SIG funds awarded under • Hawaii State Department of Education Amendment, section 421(b) of GEPA (20 section 1003(g) of the ESEA. • Illinois State Board of Education U.S.C. 1225(b)). Provision waived: Tydings • Iowa Department of Education Waiver applicant: • Maine Department of Education Amendment, section 421(b) of GEPA (20 • Illinois State Board of Education • Maryland State Department of U.S.C. 1225(b)). Education III. Waivers of School Eligibility Waiver applicants: • Michigan Department of Education Requirements and Definition of • Georgia Department of Education • Minnesota Department of Education ‘‘Persistently Lowest-Achieving • New York State Education • Mississippi Department of Education Schools’’ Department • Missouri Department of Elementary • Texas Education Agency Waivers to replace the list of Tier I, and Secondary Education • New Hampshire Department of Tier II, and Tier III schools with the 2. Extended the period of availability Education State’s list of priority schools and to of FY 2010 SIG funds awarded under • New Jersey Department of Education replace the definition of ‘‘persistently section 1003(g) of the ESEA. Provision waived: Tydings • New Mexico Public Education lowest-achieving schools’’ with the Amendment, section 421(b) of GEPA (20 Department State’s definition of ‘‘priority schools.’’ • New York State Education Provisions waived: Sections I.A.1 and U.S.C. 1225(b)). Waiver applicants: Department I.A.3 of the SIG final requirements, 75 • North Dakota Department of Public FR 66363. • Arkansas Department of Education Waiver applicants: • Idaho State Department of Education Instruction • Illinois State Board of Education • Ohio Department of Education • California Department of Education • Iowa Department of Education • Oklahoma State Department of • Connecticut State Department of • Louisiana Department of Education Education Education • Mississippi Department of Education • Oregon Department of Education • Delaware Department of Education • Nebraska Department of Education • Pennsylvania Department of • Florida Department of Education • New Hampshire Department of Education • Idaho State Department of Education Education • Puerto Rico Department of Education • Illinois State Board of Education • South Dakota Department of • New Mexico Public Education • New Jersey Department of Education Education Department • New Mexico Public Education • Tennessee Department of Education • South Dakota Department of Department • Texas Education Agency Education • New York State Education • Utah State Office of Education Department • Virginia Department of Education IV. Waivers Allowing SEAs To Approve • Oklahoma State Department of • Washington Office of the Schools or LEAs Identified as in Need Education Superintendent of Public Instruction of Improvement To Become SES • Texas Education Agency • West Virginia Department of Providers 3. Extended the period of availability Education Waivers permitting SEAs to approve a of FY 2011 SIG funds awarded under • Wisconsin Department of Public school or LEA identified for section 1003(g) of the ESEA. Instruction improvement, corrective action, or Provision waived: Tydings restructuring to serve as an SES Amendment, section 421(b) of GEPA (20 5. Extended the period of availability of FY 2013 SIG funds awarded under provider. U.S.C. 1225(b)). Provisions waived: 34 CFR Waiver applicants: section 1003(g) of the ESEA. Provision waived: Tydings 200.47(b)(1)(iv)(A) and (B). • Delaware Department of Education Amendment, section 421(b) of GEPA (20 Waiver applicants: • Hawaii State Department of Education U.S.C. 1225(b)). • California Department of Education • Maine Department of Education Waiver applicants: • Illinois State Board of Education • Michigan Department of Education • Montana Office of Public Instruction • Alaska Department of Education and • Minnesota Department of Education • North Dakota Office of Public Early Development • Mississippi Department of Education • Tennessee Department of Education Instruction • New Jersey Department of Education • Washington Office of the • Wisconsin Department of Public • Pennsylvania Department of Superintendent of Public Instruction Instruction Education • Wyoming Department of Education • Puerto Rico Department of Education C. Waiver to extend the period of • Rhode Island Department of availability of FY 2012 funds received V. Waivers Allowing Substitution of Education under section 1003(g) of the ESEA and State Academic Standards and • Tennessee Department of Education included in Consolidated Grant funds Assessments • Wisconsin Department of Public for Insular Areas. asabaliauskas on DSKBBXCHB2PROD with NOTICES Provisions waived: Section Instruction Provision waived: Tydings 1111(b)(1)(B), (b)(3)(A), (b)(3)(C)(i), and Amendment, section 421(b) of GEPA (20 4. Extended the period of availability (b)(3)(C)(ii) of the ESEA, and 34 CFR U.S.C. 1225(b)). of FY 2012 SIG funds awarded under 200.1(a)(1). Waiver applicant: section 1003(g) of the ESEA. A. One-year waiver of the statutory Provision waived: Tydings • Virgin Islands Department of and regulatory requirements under Title Amendment, section 421(b) of GEPA (20 Education I, Part A of the ESEA that required U.S.C. 1225(b)). D. Waiver to extend the period of States to apply the same academic Waiver applicants: availability of FY 2012 funds for the content and academic achievement VerDate Sep<11>2014 18:40 Oct 05, 2017 Jkt 244001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\06OCN1.SGM 06OCN1

46778 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices standards to, and to use the same • Rhode Island Department of and definitions, published in the academic assessment for, all public Education Federal Register on June 14, 2012 (77 schools and public school children in D. Waiver permitting students with FR 35785). the State. the most significant cognitive Waiver applicants: Waiver applicants: disabilities within the State to take only • California Department of Education one assessment in each content area in • Achievement First (Connecticut) • Connecticut State Department of 2013–2014—either the current State • Alliance Collins Family College- Education alternate assessments based on alternate Ready High School (California) • Idaho State Department of Education academic achievement standards or the • Illinois State Board of Education • Alternatives in Action High School field test of new alternate assessments. (California) • Iowa Department of Education Waiver applicants: • Kansas State Department of Education • Idaho State Department of Education • Aspire Vanguard College Preparatory • Maryland State Department of • Kansas State Department of Education Academy (California) Education • Mississippi Department of Education • Massachusetts Department of • Delhi Unified School District E. Waiver permitting a State to (California) Elementary and Secondary Education administer the high school exit • Lucia Mar Unified School District • Mississippi Department of Education • Nevada Department of Education examination to high school students in (California) • New York State Department of grade 10 and the alternate performance assessment to students with the most • National Board for Professional Education significant cognitive disabilities. Teaching Standards (Virginia) • Ohio Department of Education • Oklahoma State Department of Waiver applicant: • New Haven Public School System Education • California Department of Education (Connecticut) • Oregon Department of Education VI. AMAO Determinations Under ESEA • Northern Humboldt Union High • Rhode Island Department of Title III School District (California) Education • South Dakota Department of One-year waiver to allow the SEA to • Maine School Administrative District Education use, for purposes of AMAO 3, the same No. 11 (Maine) • Vermont Agency of Education targets used in the growth component of its State-developed differentiated Accessible Format: Individuals with • Washington Office of the recognition, accountability, and support disabilities can obtain this document in Superintendent of Public Instruction system in reading, writing, and an accessible format (e.g., Braille, large B. Waiver permitting students (except print, audiotape, or compact disc) on those with the most significant cognitive mathematics, in place of the State’s AMOs. request to the program contact person disabilities) to take only one assessment Provision waived: Section listed under FOR FURTHER INFORMATION in each content area in 2013–2014— 3122(a)(3)(A)(iii) of the ESEA. CONTACT. either the current State assessment or Waiver applicants: the full form of the field test of the new Electronic Access to This Document: • Nevada Department of Education The official version of this document is assessments aligned to college- and • Oregon Department of Education career-ready standards. the document published in the Federal Waiver applicants: VII. Waivers Regarding Public School Register. Free internet access to the • California Department of Education Choice Notice official edition of the Federal Register • Connecticut State Department of Allowed a State to postpone notice of and the Code of Federal Regulations is Education public school choice options beyond 14 available via the Federal Digital System • Idaho State Department of Education days before the start of the school year at: www.gpo.gov/fdsys. At this site you • Illinois State Board of Education to parents of eligible children attending can view this document, as well as other • Iowa Department of Education schools that were newly identified for documents of this Department • Maryland State Department of improvement or made AYP in the published in the Federal Register, in Education previous year, but did not exit text or Portable Document Format • Massachusetts Department of improvement status. (PDF). To use PDF you must have Elementary and Secondary Education Provisions waived: Section • Nevada Department of Education Adobe Acrobat Reader, which is 1116(b)(1)(E)(i) of the ESEA and 34 CFR available free at the site. • Oregon Department of Education 200.37(b)(4)(iv). • South Dakota Department of Waiver applicant: You may also access documents of the Education • Wyoming Department of Education Department published in the Federal • Vermont Agency of Education Register by using the article search • Washington Office of the VIII. Waiver of Application feature at: www.federalregister.gov. Superintendent of Public Instruction Requirements for the TIF Program Specifically, through the advanced C. Waiver permitting the State to Waiver of two TIF requirements, search feature at this site, you can limit assess students who were not yet permitting: (1) LEAs to use results of your search to documents published by enrolled in high school but who took State assessments as the measure of the Department. advanced, high school level coursework asabaliauskas on DSKBBXCHB2PROD with NOTICES student growth for the performance with the corresponding advanced, high Dated: October 3, 2017. evaluations for teachers of tested grades school level assessment alone. and subjects, and (2) eligibility for TIF- Jason Botel, Waiver applicants: funded performance-based Acting Assistant Secretary for Elementary and • New York State Department of compensation to be based on results of Secondary Education. Education evaluations that include such a measure [FR Doc. 2017–21620 Filed 10–5–17; 8:45 am] • Ohio Department of Education of student growth. BILLING CODE 4000–01–P • Oklahoma State Department of Provision waived: Priority 2 of the TIF Education notice of final priorities, requirements, VerDate Sep<11>2014 18:40 Oct 05, 2017 Jkt 244001 PO 00000 Frm 00026 Fmt 4703 Sfmt 9990 E:\FR\FM\06OCN1.SGM 06OCN1


Document Created: 2017-10-06 00:08:54
Document Modified: 2017-10-06 00:08:54
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactKia Weems, U.S. Department of Education, 400 Maryland Avenue SW., Room 3W341, Washington, DC 20202. Telephone: (202) 260-2221 or by email: [email protected]
FR Citation82 FR 46773 
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