82_FR_46972 82 FR 46779 - Notice of Waivers Granted Under Section 9401 of the Elementary and Secondary Education Act of 1965, as Amended

82 FR 46779 - 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 Range46779-46783
FR Document2017-21622

In this notice, we announce the waivers that the U.S. Department of Education (Department) granted during calendar year 2011 under the waiver authority of the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001 (ESEA). 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 2011.

Federal Register, Volume 82 Issue 193 (Friday, October 6, 2017) 
[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Notices]
[Pages 46779-46783]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21622]



[[Page 46779]]

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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 2011 
under the waiver authority of the Elementary and Secondary Education 
Act of 1965, as amended by the No Child Left Behind Act of 2001 (ESEA).
    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 2011.

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 2011, the Department granted a total of 
157 waivers under the waiver authority in section 9401 of the ESEA. We 
granted:
    (a) 67 Waivers extending the period in which funds were available 
for obligation: 28 waivers extending the period for ESEA State-
administered formula grant programs that received fiscal year (FY) 2009 
funds made available under Public Law 111-8, the Department of 
Education Appropriations Act, 2009; 25 waivers for ESEA State-
administered formula grant programs that received FY 2009 funds made 
available under Public Law 111-5, the American Recovery and 
Reinvestment Act of 2009 (ARRA); and 14 waivers for School Improvement 
Grants (SIG) funds;
    (b) 30 waivers relating to SIG program requirements: Three waivers 
of the requirement for SEAs to carry over 25 percent of their FY 2009 
funds, combine those funds with FY 2010 SIG funds, and award those 
funds to eligible local educational agencies (LEAs); four waivers 
pertaining to SEAs' requests to carry over FY 2009 and FY 2010 SIG 
funds and to award those funds to LEAs through a competition conducted 
during the 2011-2012 school year; four waivers based on the 
determination that an SEA would not be able to submit an approvable 
application prior to September 30, 2011, and, as a result, absent the 
waiver, its FY 2010 SIG funds would expire and the SEA would not be 
able to support interventions in its persistently lowest-achieving 
schools; and 19 waivers granting additional time to meet the teacher 
and principal evaluation requirement for schools in the first (2010-
2011 school year) and second (2011-2012 school year) cohorts of SIG 
grants;
    (c) Five waivers of requirements related to State academic 
assessments and school improvement: Three waivers allowing LEAs to 
waive the requirement to use State academic assessments and other 
academic indicators to review progress to determine whether a school is 
making adequate yearly progress (AYP); one waiver of the requirement to 
ensure that the results of State academic assessments are available to 
LEAs before the beginning of the school year following the one in which 
the assessments were administered; and one waiver of the deadline to 
identify schools for improvement, corrective action, or restructuring;
    (d) 41 waivers of requirements related to supplemental educational 
services (SES) and public school choice: 22 waivers to permit SEAs to 
approve a school or LEA identified for improvement, corrective action, 
or restructuring to serve as an SES provider; 16 waivers of the 
requirement for LEAs to spend an amount equal to 20 percent of their 
Title I allocation on SES and transportation for public school choice; 
and three waivers of the requirement for LEAs to provide parents of 
eligible students with notice of their public school choice options at 
least 14 days before the start of the school year;
    (e) Nine waivers relating to the requirement that each State plan 
demonstrate the adoption of challenging academic content standards and 
challenging student academic achievement standards: six waivers of the 
annual requirement that the assessments administered be aligned with 
the State's academic content and achievement standards; two waivers of 
the requirement for States to use the same academic assessments to 
measure the achievement of all students and to determine AYP; and one 
waiver of the requirement to include all students enrolled at the time 
of testing in the participation rate calculations used to determine 
AYP;
    (f) Two waivers relating to determining eligible school attendance 
areas: One waiver of the requirement that an eligible school attendance 
area have a percentage of children from low-income families that is at 
least as high as the percentage of children from low-income families 
served by the LEA as a whole;
    (g) One waiver of the requirement that not more than five percent 
of funds be used to provide financial incentives and rewards to 
teachers;
    (h) One waiver to allow an LEA to operate a schoolwide program even 
though its percentage of students from low-income families is less than 
40 percent; and
    (i) One waiver of the Teacher Incentive Fund (TIF) program absolute 
priority requirement in the notice inviting applications (NIA) that 
requires each TIF grantee to develop a rigorous evaluation system for 
teachers and principals, and of one of the five core elements in the 
NIA.

Waiver Data

I. Extensions of the Obligation Period

    A. Waivers granted for ESEA State-administered formula grant 
programs that extended until September 30, 2012, the period of 
availability for FY 2009 funds awarded under Public Law 111-8, the 
Department of Education Appropriations Act, 2009.
    Provision waived: Tydings Amendment, section 421(b) of the General 
Education Provisions Act (GEPA) (20 U.S.C. 1225(b)).
    Waiver applicants, approved dates, and affected programs:
     Arizona Department of Education, December 15, 2011, Title 
I, Part A; Title I, Part C; Title II, Part B; Title II, Part D; and 
Title VI, Section 6111;
     California Department of Education, December 19, 2011, 
Title II, Part D;
     Colorado Department of Education, November 29, 2011, Title 
I, Part A; Title I, Part B, Subpart 3; Title I, Part C; Title II, Part 
A; Title II, Part D; Title III, Part A; Title IV, Part A; Title IV, 
Part B; and Title VI, Section 6111;
     District of Columbia Office of the State Superintendent of 
Education, December 15, 2011, Title I, Part A; Title I, Part D; Title 
II, Part A; Title II, Part B; Title II, Part D; Title III, Part A; 
Title IV, Part A; Title IV, Part B; and Title VI, Section 6111;

[[Page 46780]]

     Florida Department of Education, December 15, 2011, Title 
II, Part B; Title II, Part D; and Title IV, Part A;
     Indiana Department of Education, November 28, 2011, Title 
I, Part C; Title II, Part D; and Title IV, Part A;
     Kansas Department of Education, November 14, 2011, Title 
IV, Part A; and Title IV, Part B;
     Louisiana Department of Education, December 15, 2011, 
Title I, Part A; Title I, Part B, Subpart 3; Title I, Part C; Title I, 
Part D; Title II, Part A; Title II, Part B; Title II, Part D; Title 
III, Part A; and Title IV, Part A;
     Maine Department of Education, December 19, 2011, Title I, 
Part C;
     Maryland Department of Education, November 21, 2011, Title 
I, Part A; Title II, Part B; Title II, Part D; Title III, Part A; and 
Title IV, Part A;
     Michigan Department of Education, November 29, 2011, Title 
I, Part A; Title I, Part D; Title II, Part D; and Title IV, Part A;
     Minnesota Department of Education, November 14, 2011, 
Title I, Part A; Title I, Part C; Title II, Part A; Title II, Part B; 
Title II, Part D; Title III, Part A; Title IV, Part A; and Title VI, 
Section 6111;
     Nebraska Department of Education, November 22, 2011, Title 
I, Part A; Title I, Part C ; Title I, Part C (Migrant Education 
Consortium Incentive Grants); Title I, Part C (Migrant Education Data 
Quality Grants); Title II, Part A; Title II, Part D; Title III, Part A; 
and Title IV, Part A;
     Nevada Department of Education, December 15, 2011, Title 
I, Part A; and Title II, Part D;
     New Hampshire Department of Education, December 15, 2011, 
Title I, Part A; Title I, Part B, Subpart 3; Title I, Part C; Title I, 
Part D; Title II, Part A; Title II, Part D; Title III, Part A; Title 
IV, Part A; and Title IV, Part B;
     New Jersey Department of Education, November 28, 2011, 
Title I, Part C (Migrant Education Consortium Incentive Grants); Title 
I, Part C (Migrant Education Student Information Exchange Data Quality 
Grants); and Title IV, Part A;
     New Mexico Public Education Department, December 19, 2011, 
Title I, Part B, Subpart 3; Title II, Part D; and Title IV, Part A;
     North Carolina Department of Public Instruction, November 
14, 2011, Title I, Part C; and Title IV, Part A;
     North Dakota Department of Public Instruction, December 
19, 2011, Title I, Part A; Title I, Part B, Subpart 3; Title II, Part 
A; Title II, Part B; Title II, Part D; Title IV, Part A; and Title IV, 
Part B;
     Oklahoma State Department of Education, November 28, 2011, 
Title IV, Part A;
     Puerto Rico Department of Education, December 19, 2011, 
Title I, Part A; Title I, Part B, Subpart 3; Title I, Part D; Title II, 
Part A; Title II, Part B; Title II, Part D; Title III, Part A; Title 
IV, Part A; Title IV, Part B; and Title VI, Section 6111;
     Rhode Island Department of Education, November 28, 2011, 
Title II, Part D;
     South Carolina Department of Education, December 18, 2011, 
Title II, Part B;
     Tennessee Department of Education, November 28, 2011, 
Title I, Part A (including funds reserved for State Academic 
Achievement Awards program authorized in section 1117(c)(2)(A) of the 
ESEA and school improvement activities authorized in section 1003(a) of 
the ESEA); Title II, Part D; and Title IV, Part A;
     Vermont Agency of Education, December 15, 2011, Title IV, 
Part A;
     Virginia Department of Education, December 15, 2011, Title 
I, Part A; Title I, Part B, Subpart 3; Title I, Part D; Title II, Part 
A; Title II, Part B; Title II, Part D; Title III, Part A; Title IV, 
Part A; and Title IV, Part B;
     Washington Office of the Superintendent of Public 
Instruction, December 15, 2011, Title I, Part B, Subpart 3; and Title 
II, Part A; and
     Wyoming Department of Education, December 19, 2011, Title 
I, Part A.
    B. Waivers granted for ESEA State-administered formula grant 
programs that extended until September 30, 2012, the period of 
availability for FY 2009 funds awarded under Public Law 111-5, ARRA.
    Provision waived: Tydings Amendment, section 421(b) of GEPA (20 
U.S.C. 1225(b)).
    Waiver applicants, approved dates, and affected programs:
     Arizona Department of Education, December 15, 2011, Title 
I, Part A (ARRA); and Title II, Part D (ARRA);
     California Department of Education, December 19, 2011, 
Title I, Part A (ARRA); and Title II, Part D (ARRA);
     Colorado Department of Education, November 29, 2011, Title 
I, Part A (ARRA); and Title II, Part D (ARRA);
     District of Columbia Office of the State Superintendent of 
Education, December 15, 2011, Title I, Part A (ARRA); and Title II, 
Part D (ARRA);
     Florida Department of Education, December 15, 2011, Title 
I, Part A (ARRA); and Title II, Part D (ARRA);
     Indiana Department of Education, November 28, 2011, Title 
I, Part A (ARRA);
     Kansas Department of Education, November 14, 2011, Title 
I, Part A (ARRA);
     Louisiana Department of Education, December 15, 2011, 
Title I, Part A (ARRA); and Title II, Part D (ARRA);
     Maine Department of Education, December 19, 2011, Title I, 
Part A (ARRA); and Title II, Part D (ARRA);
     Maryland Department of Education, November 21, 2011, Title 
I, Part A (ARRA); and Title II, Part D (ARRA);
     Michigan Department of Education, November 29, 2011, Title 
I, Part A (ARRA); and Title II, Part D (ARRA);
     Minnesota Department of Education, November 14, 2011, 
Title I, Part A (ARRA); and Title II, Part D (ARRA);
     Nebraska Department of Education, November 22, 2011, Title 
I, Part A (ARRA); and Title II, Part D (ARRA);
     Nevada Department of Education, December 15, 2011, Title 
I, Part A (ARRA);
     New Hampshire Department of Education, December 15, 2011, 
Title I, Part A (ARRA); and Title II, Part D (ARRA);
     New Jersey Department of Education, November 28, 2011, 
Title I, Part A (ARRA); and Title II, Part D (ARRA);
     New Mexico Public Education Department, December 19, 2011, 
Title I, Part A (ARRA); and Title II, Part D (ARRA);
     North Carolina Department of Public Instruction, November 
14, 2011, Title I, Part A (ARRA);
     North Dakota Department of Public Instruction, December 
19, 2011, Title I, Part A (ARRA); and Title II, Part D (ARRA);
     Puerto Rico Department of Education, December 19, 2011, 
Title I, Part A (ARRA); and Title II, Part D (ARRA);
     Tennessee Department of Education, November 28, 2011, 
Title I, Part A (ARRA); and Title II, Part D (ARRA);
     Vermont Agency of Education, December 15, 2011, Title I, 
Part A (ARRA); and Title II, Part D (ARRA);
     Virginia Department of Education, December 15, 2011, Title 
I, Part A (ARRA); and Title II, Part D (ARRA);
     Washington Office of the Superintendent of Public 
Instruction, December 15, 2011, Title I, Part A (ARRA); and Title II, 
Part D (ARRA); and
     Wyoming Department of Education, December 19, 2011, Title 
II, Part D (ARRA).
    C. Waivers of SIG Requirements.
    1. Extended the period of availability of FY 2008 SIG funds awarded 
under section 1003(g) of the ESEA.

[[Page 46781]]

    Provision waived: Tydings Amendment, section 421(b) of GEPA (20 
U.S.C. 1225(b)).
    Waiver applicants and approved dates:
     Alabama Department of Education, January 26, 2011;
     Colorado Department of Education, January 18, 2011;
     Illinois State Board of Education, January 26, 2011;
     Maryland Department of Education, January 26, 2011;
     Massachusetts Department of Elementary and Secondary 
Education, January 18, 2011;
     Massachusetts Department of Elementary and Secondary 
Education, May 17, 2011 (second extension);
     New Hampshire Department of Education, April 13, 2011;
     New Jersey Department of Education, January 26, 2011;
     Ohio Department of Education, January 26, 2011; and
     Puerto Rico Department of Education, January 26, 2011.
    2. 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 and approved dates:
     Arizona Department of Education, January 24, 2011.
    3. 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 and approved dates:
     Missouri Department of Elementary and Secondary Education, 
September 20, 2011;
     Nebraska Department of Education, July 25, 2011; and
     Pennsylvania Department of Education, December 13, 2011.

II. Waivers of SIG Requirements

    A. Waivers of SIG program final requirement to carry over 25 
percent of FY 2009 funds. The waivers permitted applicants to combine 
those funds with FY 2010 SIG funds and award those funds to eligible 
LEAs consistent with the final requirements.
    Provisions waived: Section 1003(g) of the ESEA; 75 FR 66363.
    Waiver applicants and approved dates:
     Minnesota Department of Education, June 13, 2011;
     Montana Office of Public Instruction, August 2, 2011; and
     New Mexico Public Education Department, March 28, 2011.
    B. Waivers to carry over SIG funds. The waiver allowed States to 
carry over their FY 2009 and FY 2010 SIG funds and to award those funds 
to LEAs through a competition conducted during the 2011-2012 school 
year because their LEAs did not have the capacity to effectively plan 
and implement intervention models for the 2011-2012 school year in such 
a short timeframe.
    Provision waived: 75 FR 66363.
    Waiver applicants and approved dates:
     Alabama Department of Education, September 20, 2011;
     Bureau of Indian Education, September 20, 2011;
     California Department of Education, September 20, 2011; 
and
     Missouri Department of Elementary and Secondary Education, 
September 20, 2011.
    C. Waivers of SIG program requirement that, to receive a FY 2010 
SIG grant, an SEA must have submitted an approvable application by a 
date certain. The waivers provided SEAs additional time to submit their 
applications.
    Provisions waived: Section 1003(g)(4) of the ESEA; 75 FR 66363.
    Waiver applicants and approved dates:
     Hawaii Department of Education, September 21, 2011;
     Rhode Island Department of Education, September 20, 2011;
     Tennessee Department of Education, September 20, 2011; and
     Vermont Agency of Education, September 21, 2011.
    D. Waivers granting additional time to meet teacher and principal 
evaluation requirements (cohorts 1 and 2 SIG schools). The waivers 
allowed SEAs to permit an LEA that was implementing a transformation 
model with SIG funds during the 2010-2011 school year to have 
additional time to meet the teacher and principal evaluation 
requirement in schools that were not able to do so that year.
    Provisions waived: Section 1003(g) of the ESEA; Section 
I.A.2(d)(1)(i)(B) of the SIG final requirements.
    Waiver applicants and approved dates:
     Alaska Department of Education and Early Development, 
September 15, 2011;
     Arizona Department of Education, September 15, 2011;
     Arkansas State Department of Education, September 15, 
2011;
     Delaware Department of Education, October 5, 2011;
     Iowa Department of Education, September 15, 2011;
     Kansas Department of Education, September 20, 2011;
     Kentucky Department of Education, September 19, 2011;
     Maine Department of Education, November 4, 2011;
     Montana Office of Public Instruction, September 15, 2011;
     Nevada Department of Education, November 14, 2011;
     New Hampshire Department of Education, November 4, 2011;
     New Mexico Public Education Department, November 4, 2011;
     North Dakota Department of Public Instruction, September 
15, 2011;
     Ohio Department of Education, September 15, 2011;
     Oklahoma State Department of Education, October 5, 2011;
     South Carolina Department of Education, September 29, 
2011;
     South Dakota Department of Education, September 27, 2011;
     Utah State Office of Education, September 20, 2011; and
     Virginia Department of Education, October 5, 2011.

III. Waivers Related to State Academic Assessment and School and LEA 
Improvement

    A. Waivers of the Requirements to Make AYP Determinations.
    1. Waiver applicant: Tennessee Department of Education
     Provisions waived: Section 1116(a)(1)(A) and (c)(1)(A) of 
the ESEA; 34 CFR 200.30 and 200.50(a).
     Date waiver granted: January 24, 2011.
     Description of waiver: A waiver of the requirements to use 
the State's academic assessments and other academic indicators 
described in the State plan to review progress to determine whether 
Harpeth High School and Houston County High School were making AYP for 
the 2009-2010 school year.
    2. Waiver applicant: West Virginia Department of Education
     Provisions waived: Section 1116(a)(1)(A) of the ESEA; 34 
CFR 200.30.
     Date waiver granted: August 1, 2011.
     Description of waiver: A one-year waiver of the 
requirement to use results of the statewide assessment to make AYP 
determinations for Kenova Elementary School.
    B. Waivers of SEA Requirement to Make Academic Assessment Results 
Available to LEAs.
    1. Waiver applicant: Kentucky Department of Education
     Provision waived: Section 1116(a)(2) of the ESEA.

[[Page 46782]]

     Date waiver granted: March 25, 2011.
     Description of waiver: A one-year waiver of the 
requirement in section 1116(a)(2) of the ESEA that a State make 
available the results of State academic assessments to LEAs before the 
beginning of the school year following the one in which the assessments 
were administered.
    C. Waivers to Reverse Timeline for Offering SES and Public School 
Choice. The waivers allowed LEAs to offer SES to eligible Title I 
schools in year one of school improvement instead of public school 
choice, and count the costs of providing SES to these students toward 
the LEAs' 20 percent obligation.
    Provisions waived: Section 1116(b)(10) of the ESEA; 34 CFR 200.48.
    Waiver applicants and approved dates:
     Alabama Department of Education, July 25, 2011;
     Alaska Department of Education, May 6, 2011;
     California Department of Education, July 25, 2011;
     Connecticut State Department of Education, November 4, 
2011;
     Delaware Department of Education, July 25, 2011;
     Maryland Department of Education, July 28, 2011;
     Massachusetts Department of Elementary and Secondary 
Education, June 30, 2011;
     Minnesota Department of Education, August 15, 2011;
     Missouri Department of Elementary and Secondary Education, 
September 15, 2011;
     New Mexico Public Education Department, November 4, 2011;
     North Carolina Department of Public Instruction, August 
29, 2011;
     Ohio Department of Education, August 23, 2011;
     Oklahoma State Department of Education, September 22, 
2011;
     South Dakota Department of Education, June 29, 2011;
     Virginia Department of Education, July 25, 2011; and
     Washington Office of the Superintendent of Public 
Instruction, July 25, 2011.
    D. Waivers of Requirement to Identify Schools for Improvement 
Before the Start of the School Year.
    1. Waiver applicant: Washington Office of the Superintendent of 
Public Instruction
     Provisions waived: Section 1116(b)(1)(B) of the ESEA; 34 
CFR 200.32(a)(2).
     Date waiver granted: June 30, 2011.
     Description of waiver: A one-time waiver of the 
requirement to identify schools for improvement, corrective action, or 
restructuring no later than the beginning of the school year following 
the failure to make AYP. This waiver applied only to high schools.
    E. Waivers of Deadline Requirement for Public School Choice for 
Schools Identified for School Improvement. Specific LEAs were provided 
a one-year waiver of the requirement that they provide parents of 
eligible students with notice of their public school choice options at 
least 14 days before the start of the school year.
    Provisions waived: Section 1116(b)(1)(E)(i) of the ESEA; 34 CFR 
200.37(b)(4)(iv).
    Waiver applicants and approved dates:
     Colorado Department of Education, May 6, 2011;
     Kentucky Department of Education, March 25, 2011; and
     Washington Office of the Superintendent of Public 
Instruction, June 30, 2011.

IV. Waivers Allowing SEAs To Approve Schools or LEAs Identified for 
Improvement To Become SES Providers and Waivers Permitting Certain LEAs 
Identified for Improvement or Corrective Action To Apply to Their SEA 
To Serve as an SES Provider in the 2011-2012 School Year

    Provisions waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
    Waiver applicants and approved dates:
     Alaska Department of Education, May 6, 2011;
     California Department of Education, July 25, 2011;
     Colorado Department of Education, July 25, 2011;
     Connecticut Department of Education, November 4, 2011;
     Delaware Department of Education, July 25, 2011;
     Florida Department of Education, September 28, 2011;
     Massachusetts Department of Elementary and Secondary 
Education, June 30, 2011;
     Minnesota Department of Education, August 15, 2011;
     Missouri Department of Elementary and Secondary Education, 
September 15, 2011;
     Montana Office of Public Instruction, July 25, 2011;
     New Mexico Public Education Department, November 4, 2011;
     New York State Education Department, February 10, 2011;
     North Dakota Department of Public Instruction, June 6, 
2011;
     Ohio Department of Education, August 23, 2011;
     Oklahoma State Department of Education, May 3, 2011;
     Rhode Island Department of Education, June 30, 2011;
     South Carolina Department of Education, August 1, 2011;
     South Dakota Department of Education, June 29, 2011;
     Twin Rivers Unified School District, April 5, 2011 (a two-
year waiver to allow Twin Rivers Unified School District to be eligible 
to apply to serve as an SES provider in the 2010-2011 and 2011-2012 
school years even though it was identified for improvement);
     Virginia Department of Education, July 25, 2011;
     Washington Office of the Superintendent of Public 
Instruction, July 25, 2011; and
     Wisconsin Department of Public Instruction, November 4, 
2011.

V. Waiver of State Plan Requirements Relating to Academic Assessments

    A. Waivers of the Requirements that Annual Assessments Align with 
State Academic Content and Achievement Standards and that All Students 
Be Assessed in Mathematics in High School.
    1. Waiver applicant: Florida Department of Education
     Provisions waived: Section 1111(b)(3)(C)(v)(1)(cc) and 
(b)(3)(C)(ix) of the ESEA; 34 CFR 200.5(a)(2)(ii) and 200.6.
     Date waiver granted: January 19, 2011.
     Description of waiver: A one-time waiver of the 
requirement to assess all students at least once in grades 10 through 
12 in mathematics.
    2. Waiver applicant: Kansas Department of Education
     Provisions waived: Section 1111(b)(3)(C)(ii) of the ESEA; 
34 CFR 200.2(b)(3)(i).
     Date waiver granted: April 5, 2011.
     Description of waiver: A one-year waiver, with respect to 
McPherson Unified School District, of the statutory and regulatory 
requirements under Title I, Part A of the ESEA that required the 
assessments administered to be aligned with the State's academic 
content and achievement standards.
    3. Waiver applicant: Tennessee Department of Education
     Provisions waived: Section 1111(b)(3)(A), 
(b)(3)(C)(v)(II), and (b)(3)(C)(vii) of the ESEA; 34 CFR 200.2(a)(1), 
200.5(a)(2), and 200.5(b).
     Date waiver granted: January 24, 2011.
     Description of waiver: A waiver of the requirement to 
assess Harpeth High School and Houston County High

[[Page 46783]]

School students annually in reading/language arts, mathematics, and 
science for the 2009-2010 school year.
    4. Waiver applicant: West Virginia Department of Education
     Provisions waived: Section 1111(b)(3)(A) of the ESEA; 34 
CFR 200.2(a)(1).
     Date waiver granted: August 1, 2011.
     Description of waiver: A one-year waiver of the 
requirement to assess students in reading/language arts, mathematics, 
and science at Kenova Elementary School, which closed during the spring 
2011 testing window because of structural safety issues caused by 
flooding.
    B. Waivers of the State Requirements to Use the Same Academic 
Measurement Assessments to Measure the Achievement of All Students and 
to Determine AYP.
    Provisions waived: Section 1111(b)(3)(A) and (b)(3)(C)(i) of the 
ESEA; 34 CFR 200.2(b)(1).
    Waiver applicants and approved dates:
     Kansas Department of Education, April 5, 2011 (a one-year 
waiver with respect to McPherson Unified School District of the 
statutory and regulatory requirements under Title I, Part A of the ESEA 
that required the State to use the same academic assessments to measure 
the achievement of all students and to determine AYP); and
     Washington Office of the Superintendent of Public 
Instruction, June 30, 2011. A one-year waiver of the statutory and 
regulatory requirements under Title I, Part A of the ESEA that required 
the State to use the same academic assessments to measure the 
achievement of all students and to determine AYP.
    C. Waivers of the Requirement to Include All Students Enrolled at 
the Time of Testing in the Participation Rate Calculations.
    1. Waiver applicant: Florida Department of Education
     Provisions waived: Section 1111(b)(2)(I)(ii) of the ESEA; 
34 CFR 200.20(c)(1)(i).
     Date waiver granted: January 19, 2011.
     Description of waiver: A waiver of the requirement to 
include all students enrolled at the time of testing in the 
participation rate calculations used to determine AYP. This waiver 
authorized Florida to exclude students who took Algebra I as 6th, 7th, 
or 8th graders during school years 2007-2008 through 2009-2010 from 
participation rate calculations used in determining AYP based on 
assessment results from the relevant school year.

VI. Waivers of Eligible School Attendance Area Requirements

    A. Waivers of Requirements for Determining Eligible School 
Attendance Areas.
    1. Waiver applicant: Keene School District
     Provision waived: Section 1113(a)(2)(B) of the ESEA.
     Date waiver granted: June 29, 2011.
     Description of waiver: A waiver for four years, beginning 
in school year 2011-2012, of the requirements concerning Title I school 
eligibility to ensure continuity of Title I services for eligible 
children in Daniels Elementary School and Symonds Elementary School. 
This waiver enabled both schools to continue offering Title I programs 
to their eligible students without the interruption caused by small 
demographic changes that affected eligibility for Title I.
    B. Waiver of the Limitation on Reserving Funds for Financial 
Incentives and Rewards.
    1. Waiver applicant: Hillsborough County Public Schools
     Provision waived: Section 1113(c)(4) of the ESEA.
     Date waiver granted: August 1, 2011.
     Description of waiver: A one-year waiver of the 5 percent 
cap on the amount of Title I funds that an LEA reserve for financial 
incentives and awards so that Hillsborough County Public Schools could 
reserve up to 8.8 percent of their FY 2011 Title I, Part A allocation 
for such purposes.

VII. Waiver of the Requirements for Schoolwide Programs

    A. Waiver of the 40 Percent Poverty Threshold for Schoolwide 
Programs.
    1. Waiver applicant: Aberdeen Public School District 6-1
     Provision waived: Section 1114(a)(1) of the ESEA.
     Date waiver granted: November 4, 2011.
     Description of waiver: A waiver to allow Simmons 
Elementary School to operate a schoolwide program even though its 
percentage of students from low-income families was less than 40 
percent, effective for four years or until the reauthorization of the 
ESEA, whichever came first.

VIII. Waivers Regarding Teacher Incentive Fund (TIF) Requirements

    A. Waiver of Application Requirements for the TIF Program.
    1. Waiver applicant: Community Training and Assistance Center
     Provision waived: Section 9401 of the ESEA.
     Date waiver granted: July 11, 2011.
     Description of waiver: Waiver of two requirements of TIF: 
(1) Absolute Priority 1 in the NIA that required each TIF grantee to 
develop a rigorous evaluation system for teachers and principals that 
took into account student growth as a significant measure and multiple 
classroom observations; and (2) one of the required five core elements 
in the NIA, each of which was to have been in place before a grantee 
could make incentive payments using TIF funds (75 FR 28741).
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or compact disc) on request to the program contact person 
listed under FOR FURTHER INFORMATION CONTACT.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. Free 
internet access to the official edition of the Federal Register and the 
Code of Federal Regulations is available via the Federal Digital System 
at: www.thefederalregister.org/fdsys. At this site you can view this document, as well 
as other documents of this Department published in the Federal Register 
in text or Portable Document Format (PDF). To use PDF you must have 
Adobe Acrobat Reader, which is available free at the site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

    Dated: October 3, 2017.
Jason Botel,
Acting Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 2017-21622 Filed 10-5-17; 8:45 am]
 BILLING CODE 4000-01-P

Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices 46779 DEPARTMENT OF EDUCATION (b) 30 waivers relating to SIG program the requirement for States to use the requirements: Three waivers of the same academic assessments to measure Notice of Waivers Granted Under requirement for SEAs to carry over 25 the achievement of all students and to Section 9401 of the Elementary and percent of their FY 2009 funds, combine determine AYP; and one waiver of the Secondary Education Act of 1965, as those funds with FY 2010 SIG funds, requirement to include all students Amended and award those funds to eligible local enrolled at the time of testing in the educational agencies (LEAs); four participation rate calculations used to AGENCY: Office of Elementary and waivers pertaining to SEAs’ requests to determine AYP; Secondary Education, Department of carry over FY 2009 and FY 2010 SIG (f) Two waivers relating to Education. funds and to award those funds to LEAs determining eligible school attendance ACTION: Notice. through a competition conducted during areas: One waiver of the requirement the 2011–2012 school year; four waivers that an eligible school attendance area SUMMARY: In this notice, we announce have a percentage of children from low- based on the determination that an SEA the waivers that the U.S. Department of income families that is at least as high would not be able to submit an Education (Department) granted during as the percentage of children from low- approvable application prior to calendar year 2011 under the waiver September 30, 2011, and, as a result, income families served by the LEA as a authority of the Elementary and absent the waiver, its FY 2010 SIG funds whole; Secondary Education Act of 1965, as would expire and the SEA would not be (g) One waiver of the requirement that amended by the No Child Left Behind able to support interventions in its not more than five percent of funds be Act of 2001 (ESEA). persistently lowest-achieving schools; used to provide financial incentives and The ESEA requires that the and 19 waivers granting additional time rewards to teachers; Department publish in the Federal to meet the teacher and principal (h) One waiver to allow an LEA to Register, and disseminate to interested evaluation requirement for schools in operate a schoolwide program even parties, a notice of its decision to grant the first (2010–2011 school year) and though its percentage of students from a waiver of statutory or regulatory second (2011–2012 school year) cohorts low-income families is less than 40 requirements under the ESEA. Between of SIG grants; percent; and 2011 and 2016, the Department granted (c) Five waivers of requirements (i) One waiver of the Teacher more than 800 waivers of statutory or related to State academic assessments Incentive Fund (TIF) program absolute regulatory requirements to State and school improvement: Three waivers priority requirement in the notice educational agencies (SEAs) but allowing LEAs to waive the requirement inviting applications (NIA) that requires neglected to comply with the ESEA’s to use State academic assessments and each TIF grantee to develop a rigorous publication and dissemination other academic indicators to review evaluation system for teachers and requirements. This notice is intended to progress to determine whether a school principals, and of one of the five core fulfill the Department’s obligation to is making adequate yearly progress elements in the NIA. publicize its waiver decisions by (AYP); one waiver of the requirement to identifying the waivers granted during Waiver Data ensure that the results of State academic 2011. assessments are available to LEAs before I. Extensions of the Obligation Period FOR FURTHER INFORMATION CONTACT: Kia the beginning of the school year A. Waivers granted for ESEA State- Weems, U.S. Department of Education, following the one in which the administered formula grant programs 400 Maryland Avenue SW., Room assessments were administered; and one that extended until September 30, 2012, 3W341, Washington, DC 20202. waiver of the deadline to identify the period of availability for FY 2009 Telephone: (202) 260–2221 or by email: schools for improvement, corrective funds awarded under Public Law 111– Kia.Weems@ed.gov. action, or restructuring; 8, the Department of Education If you use a telecommunications (d) 41 waivers of requirements related Appropriations Act, 2009. device for the deaf (TDD) or a text to supplemental educational services Provision waived: Tydings telephone (TTY), call the Federal Relay (SES) and public school choice: 22 Amendment, section 421(b) of the Service (FRS), toll free, at 1–800–877– waivers to permit SEAs to approve a General Education Provisions Act 8339. school or LEA identified for (GEPA) (20 U.S.C. 1225(b)). improvement, corrective action, or Waiver applicants, approved dates, SUPPLEMENTARY INFORMATION: In 2011, restructuring to serve as an SES and affected programs: the Department granted a total of 157 provider; 16 waivers of the requirement • Arizona Department of Education, waivers under the waiver authority in for LEAs to spend an amount equal to December 15, 2011, Title I, Part A; Title section 9401 of the ESEA. We granted: 20 percent of their Title I allocation on I, Part C; Title II, Part B; Title II, Part D; (a) 67 Waivers extending the period in SES and transportation for public school and Title VI, Section 6111; which funds were available for choice; and three waivers of the • California Department of Education, obligation: 28 waivers extending the requirement for LEAs to provide parents December 19, 2011, Title II, Part D; period for ESEA State-administered of eligible students with notice of their • Colorado Department of Education, formula grant programs that received public school choice options at least 14 November 29, 2011, Title I, Part A; Title fiscal year (FY) 2009 funds made days before the start of the school year; I, Part B, Subpart 3; Title I, Part C; Title available under Public Law 111–8, the (e) Nine waivers relating to the II, Part A; Title II, Part D; Title III, Part asabaliauskas on DSKBBXCHB2PROD with NOTICES Department of Education requirement that each State plan A; Title IV, Part A; Title IV, Part B; and Appropriations Act, 2009; 25 waivers demonstrate the adoption of challenging Title VI, Section 6111; for ESEA State-administered formula academic content standards and • District of Columbia Office of the grant programs that received FY 2009 challenging student academic State Superintendent of Education, funds made available under Public Law achievement standards: six waivers of December 15, 2011, Title I, Part A; Title 111–5, the American Recovery and the annual requirement that the I, Part D; Title II, Part A; Title II, Part Reinvestment Act of 2009 (ARRA); and assessments administered be aligned B; Title II, Part D; Title III, Part A; Title 14 waivers for School Improvement with the State’s academic content and IV, Part A; Title IV, Part B; and Title VI, Grants (SIG) funds; achievement standards; two waivers of Section 6111; VerDate Sep<11>2014 18:40 Oct 05, 2017 Jkt 244001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\06OCN1.SGM 06OCN1

46780 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices • Florida Department of Education, • Oklahoma State Department of • Kansas Department of Education, December 15, 2011, Title II, Part B; Title Education, November 28, 2011, Title IV, November 14, 2011, Title I, Part A II, Part D; and Title IV, Part A; Part A; (ARRA); • Indiana Department of Education, • Puerto Rico Department of • Louisiana Department of Education, November 28, 2011, Title I, Part C; Title Education, December 19, 2011, Title I, December 15, 2011, Title I, Part A II, Part D; and Title IV, Part A; Part A; Title I, Part B, Subpart 3; Title (ARRA); and Title II, Part D (ARRA); • Kansas Department of Education, I, Part D; Title II, Part A; Title II, Part • Maine Department of Education, November 14, 2011, Title IV, Part A; and B; Title II, Part D; Title III, Part A; Title December 19, 2011, Title I, Part A Title IV, Part B; IV, Part A; Title IV, Part B; and Title VI, (ARRA); and Title II, Part D (ARRA); Section 6111; • Maryland Department of Education, • Louisiana Department of Education, December 15, 2011, Title I, Part A; Title • Rhode Island Department of November 21, 2011, Title I, Part A Education, November 28, 2011, Title II, (ARRA); and Title II, Part D (ARRA); I, Part B, Subpart 3; Title I, Part C; Title • Michigan Department of Education, I, Part D; Title II, Part A; Title II, Part Part D; • South Carolina Department of November 29, 2011, Title I, Part A B; Title II, Part D; Title III, Part A; and (ARRA); and Title II, Part D (ARRA); Education, December 18, 2011, Title II, Title IV, Part A; Part B; • Minnesota Department of • Maine Department of Education, • Tennessee Department of Education, November 14, 2011, Title I, December 19, 2011, Title I, Part C; Education, November 28, 2011, Title I, Part A (ARRA); and Title II, Part D • Maryland Department of Education, Part A (including funds reserved for (ARRA); November 21, 2011, Title I, Part A; Title State Academic Achievement Awards • Nebraska Department of Education, II, Part B; Title II, Part D; Title III, Part program authorized in section November 22, 2011, Title I, Part A A; and Title IV, Part A; 1117(c)(2)(A) of the ESEA and school (ARRA); and Title II, Part D (ARRA); • Michigan Department of Education, • Nevada Department of Education, improvement activities authorized in November 29, 2011, Title I, Part A; Title December 15, 2011, Title I, Part A section 1003(a) of the ESEA); Title II, I, Part D; Title II, Part D; and Title IV, (ARRA); Part D; and Title IV, Part A; • New Hampshire Department of Part A; • Vermont Agency of Education, Education, December 15, 2011, Title I, • Minnesota Department of December 15, 2011, Title IV, Part A; Part A (ARRA); and Title II, Part D Education, November 14, 2011, Title I, • Virginia Department of Education, (ARRA); Part A; Title I, Part C; Title II, Part A; December 15, 2011, Title I, Part A; Title • New Jersey Department of Title II, Part B; Title II, Part D; Title III, I, Part B, Subpart 3; Title I, Part D; Title Education, November 28, 2011, Title I, Part A; Title IV, Part A; and Title VI, II, Part A; Title II, Part B; Title II, Part Part A (ARRA); and Title II, Part D Section 6111; D; Title III, Part A; Title IV, Part A; and (ARRA); • Nebraska Department of Education, Title IV, Part B; • New Mexico Public Education November 22, 2011, Title I, Part A; Title • Washington Office of the Department, December 19, 2011, Title I, I, Part C ; Title I, Part C (Migrant Superintendent of Public Instruction, Part A (ARRA); and Title II, Part D Education Consortium Incentive December 15, 2011, Title I, Part B, (ARRA); Grants); Title I, Part C (Migrant Subpart 3; and Title II, Part A; and • North Carolina Department of Education Data Quality Grants); Title II, • Wyoming Department of Education, Public Instruction, November 14, 2011, Part A; Title II, Part D; Title III, Part A; December 19, 2011, Title I, Part A. Title I, Part A (ARRA); and Title IV, Part A; B. Waivers granted for ESEA State- • North Dakota Department of Public • Nevada Department of Education, administered formula grant programs Instruction, December 19, 2011, Title I, December 15, 2011, Title I, Part A; and that extended until September 30, 2012, Part A (ARRA); and Title II, Part D Title II, Part D; the period of availability for FY 2009 (ARRA); • New Hampshire Department of funds awarded under Public Law 111– • Puerto Rico Department of Education, December 15, 2011, Title I, 5, ARRA. Education, December 19, 2011, Title I, Part A; Title I, Part B, Subpart 3; Title Provision waived: Tydings Part A (ARRA); and Title II, Part D I, Part C; Title I, Part D; Title II, Part A; Amendment, section 421(b) of GEPA (20 (ARRA); Title II, Part D; Title III, Part A; Title IV, U.S.C. 1225(b)). • Tennessee Department of Part A; and Title IV, Part B; Waiver applicants, approved dates, Education, November 28, 2011, Title I, and affected programs: Part A (ARRA); and Title II, Part D • New Jersey Department of • Arizona Department of Education, Education, November 28, 2011, Title I, (ARRA); Part C (Migrant Education Consortium December 15, 2011, Title I, Part A • Vermont Agency of Education, (ARRA); and Title II, Part D (ARRA); December 15, 2011, Title I, Part A Incentive Grants); Title I, Part C • California Department of Education, (Migrant Education Student Information (ARRA); and Title II, Part D (ARRA); Exchange Data Quality Grants); and December 19, 2011, Title I, Part A • Virginia Department of Education, (ARRA); and Title II, Part D (ARRA); December 15, 2011, Title I, Part A Title IV, Part A; • Colorado Department of Education, (ARRA); and Title II, Part D (ARRA); • New Mexico Public Education November 29, 2011, Title I, Part A • Washington Office of the Department, December 19, 2011, Title I, (ARRA); and Title II, Part D (ARRA); Superintendent of Public Instruction, Part B, Subpart 3; Title II, Part D; and • District of Columbia Office of the December 15, 2011, Title I, Part A Title IV, Part A; asabaliauskas on DSKBBXCHB2PROD with NOTICES State Superintendent of Education, (ARRA); and Title II, Part D (ARRA); • North Carolina Department of December 15, 2011, Title I, Part A and Public Instruction, November 14, 2011, (ARRA); and Title II, Part D (ARRA); • Wyoming Department of Education, Title I, Part C; and Title IV, Part A; • Florida Department of Education, December 19, 2011, Title II, Part D • North Dakota Department of Public December 15, 2011, Title I, Part A (ARRA). Instruction, December 19, 2011, Title I, (ARRA); and Title II, Part D (ARRA); C. Waivers of SIG Requirements. Part A; Title I, Part B, Subpart 3; Title • Indiana Department of Education, 1. Extended the period of availability II, Part A; Title II, Part B; Title II, Part November 28, 2011, Title I, Part A of FY 2008 SIG funds awarded under D; Title IV, Part A; and Title IV, Part B; (ARRA); section 1003(g) of the ESEA. VerDate Sep<11>2014 18:40 Oct 05, 2017 Jkt 244001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\06OCN1.SGM 06OCN1

Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices 46781 Provision waived: Tydings • New Mexico Public Education • Kansas Department of Education, Amendment, section 421(b) of GEPA (20 Department, March 28, 2011. September 20, 2011; U.S.C. 1225(b)). B. Waivers to carry over SIG funds. • Kentucky Department of Education, Waiver applicants and approved The waiver allowed States to carry over September 19, 2011; dates: their FY 2009 and FY 2010 SIG funds • Maine Department of Education, • Alabama Department of Education, and to award those funds to LEAs November 4, 2011; January 26, 2011; through a competition conducted during • Montana Office of Public • Colorado Department of Education, the 2011–2012 school year because their Instruction, September 15, 2011; January 18, 2011; LEAs did not have the capacity to • Nevada Department of Education, • Illinois State Board of Education, effectively plan and implement November 14, 2011; January 26, 2011; intervention models for the 2011–2012 • New Hampshire Department of • Maryland Department of Education, school year in such a short timeframe. Education, November 4, 2011; January 26, 2011; Provision waived: 75 FR 66363. • New Mexico Public Education • Massachusetts Department of Waiver applicants and approved Department, November 4, 2011; Elementary and Secondary Education, dates: • North Dakota Department of Public January 18, 2011; • Alabama Department of Education, Instruction, September 15, 2011; • Massachusetts Department of September 20, 2011; • Ohio Department of Education, Elementary and Secondary Education, • Bureau of Indian Education, September 15, 2011; May 17, 2011 (second extension); September 20, 2011; • Oklahoma State Department of • New Hampshire Department of • California Department of Education, Education, October 5, 2011; Education, April 13, 2011; September 20, 2011; and • South Carolina Department of • New Jersey Department of • Missouri Department of Elementary Education, September 29, 2011; Education, January 26, 2011; and Secondary Education, September • South Dakota Department of • Ohio Department of Education, 20, 2011. Education, September 27, 2011; January 26, 2011; and C. Waivers of SIG program • Utah State Office of Education, • Puerto Rico Department of requirement that, to receive a FY 2010 September 20, 2011; and Education, January 26, 2011. SIG grant, an SEA must have submitted • Virginia Department of Education, 2. Extended the period of availability an approvable application by a date October 5, 2011. of FY 2009 SIG funds awarded under certain. The waivers provided SEAs additional time to submit their III. Waivers Related to State Academic section 1003(g) of the ESEA. applications. Assessment and School and LEA Provision waived: Tydings Provisions waived: Section 1003(g)(4) Improvement Amendment, section 421(b) of GEPA (20 U.S.C. 1225(b)). of the ESEA; 75 FR 66363. A. Waivers of the Requirements to Waiver applicants and approved Waiver applicants and approved Make AYP Determinations. dates: dates: 1. Waiver applicant: Tennessee • Hawaii Department of Education, • Arizona Department of Education, Department of Education September 21, 2011; • Provisions waived: Section January 24, 2011. • Rhode Island Department of 3. Extended the period of availability 1116(a)(1)(A) and (c)(1)(A) of the ESEA; Education, September 20, 2011; 34 CFR 200.30 and 200.50(a). of FY 2010 SIG funds awarded under • Tennessee Department of section 1003(g) of the ESEA. • Date waiver granted: January 24, Education, September 20, 2011; and Provision waived: Tydings 2011. • Vermont Agency of Education, Amendment, section 421(b) of GEPA (20 • Description of waiver: A waiver of September 21, 2011. U.S.C. 1225(b)). D. Waivers granting additional time to the requirements to use the State’s Waiver applicants and approved meet teacher and principal evaluation academic assessments and other dates: requirements (cohorts 1 and 2 SIG academic indicators described in the • Missouri Department of Elementary schools). The waivers allowed SEAs to State plan to review progress to and Secondary Education, September permit an LEA that was implementing a determine whether Harpeth High School 20, 2011; transformation model with SIG funds and Houston County High School were • Nebraska Department of Education, during the 2010–2011 school year to making AYP for the 2009–2010 school July 25, 2011; and have additional time to meet the teacher year. • Pennsylvania Department of and principal evaluation requirement in 2. Waiver applicant: West Virginia Education, December 13, 2011. schools that were not able to do so that Department of Education • Provisions waived: Section II. Waivers of SIG Requirements year. Provisions waived: Section 1003(g) of 1116(a)(1)(A) of the ESEA; 34 CFR A. Waivers of SIG program final the ESEA; Section I.A.2(d)(1)(i)(B) of the 200.30. requirement to carry over 25 percent of SIG final requirements. • Date waiver granted: August 1, FY 2009 funds. The waivers permitted Waiver applicants and approved 2011. applicants to combine those funds with dates: • Description of waiver: A one-year FY 2010 SIG funds and award those • Alaska Department of Education waiver of the requirement to use results funds to eligible LEAs consistent with and Early Development, September 15, of the statewide assessment to make asabaliauskas on DSKBBXCHB2PROD with NOTICES the final requirements. 2011; AYP determinations for Kenova Provisions waived: Section 1003(g) of • Arizona Department of Education, Elementary School. the ESEA; 75 FR 66363. September 15, 2011; B. Waivers of SEA Requirement to Waiver applicants and approved • Arkansas State Department of Make Academic Assessment Results dates: Education, September 15, 2011; Available to LEAs. • Minnesota Department of • Delaware Department of Education, 1. Waiver applicant: Kentucky Education, June 13, 2011; October 5, 2011; Department of Education • Montana Office of Public • Iowa Department of Education, • Provision waived: Section Instruction, August 2, 2011; and September 15, 2011; 1116(a)(2) of the ESEA. VerDate Sep<11>2014 18:40 Oct 05, 2017 Jkt 244001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\06OCN1.SGM 06OCN1

46782 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices • Date waiver granted: March 25, schools for improvement, corrective • Oklahoma State Department of 2011. action, or restructuring no later than the Education, May 3, 2011; • Description of waiver: A one-year beginning of the school year following • Rhode Island Department of waiver of the requirement in section the failure to make AYP. This waiver Education, June 30, 2011; 1116(a)(2) of the ESEA that a State make applied only to high schools. • South Carolina Department of available the results of State academic E. Waivers of Deadline Requirement Education, August 1, 2011; assessments to LEAs before the for Public School Choice for Schools • South Dakota Department of beginning of the school year following Identified for School Improvement. Education, June 29, 2011; the one in which the assessments were Specific LEAs were provided a one-year • Twin Rivers Unified School administered. waiver of the requirement that they District, April 5, 2011 (a two-year C. Waivers to Reverse Timeline for provide parents of eligible students with waiver to allow Twin Rivers Unified Offering SES and Public School Choice. notice of their public school choice School District to be eligible to apply to The waivers allowed LEAs to offer SES options at least 14 days before the start serve as an SES provider in the 2010– to eligible Title I schools in year one of of the school year. 2011 and 2011–2012 school years even school improvement instead of public Provisions waived: Section though it was identified for school choice, and count the costs of 1116(b)(1)(E)(i) of the ESEA; 34 CFR improvement); providing SES to these students toward 200.37(b)(4)(iv). • Virginia Department of Education, the LEAs’ 20 percent obligation. Waiver applicants and approved July 25, 2011; Provisions waived: Section dates: • Washington Office of the 1116(b)(10) of the ESEA; 34 CFR 200.48. • Colorado Department of Education, Superintendent of Public Instruction, Waiver applicants and approved May 6, 2011; July 25, 2011; and dates: • Kentucky Department of Education, • Wisconsin Department of Public • Alabama Department of Education, March 25, 2011; and Instruction, November 4, 2011. July 25, 2011; • Washington Office of the V. Waiver of State Plan Requirements • Alaska Department of Education, Superintendent of Public Instruction, Relating to Academic Assessments May 6, 2011; June 30, 2011. • California Department of Education, A. Waivers of the Requirements that IV. Waivers Allowing SEAs To Approve Annual Assessments Align with State July 25, 2011; • Connecticut State Department of Schools or LEAs Identified for Academic Content and Achievement Education, November 4, 2011; Improvement To Become SES Providers Standards and that All Students Be • Delaware Department of Education, and Waivers Permitting Certain LEAs Assessed in Mathematics in High July 25, 2011; Identified for Improvement or School. • Maryland Department of Education, Corrective Action To Apply to Their 1. Waiver applicant: Florida July 28, 2011; SEA To Serve as an SES Provider in the Department of Education • Massachusetts Department of 2011–2012 School Year • Provisions waived: Section Elementary and Secondary Education, Provisions waived: 34 CFR 1111(b)(3)(C)(v)(1)(cc) and (b)(3)(C)(ix) June 30, 2011; 200.47(b)(1)(iv)(A) and (B). of the ESEA; 34 CFR 200.5(a)(2)(ii) and • Minnesota Department of Waiver applicants and approved 200.6. Education, August 15, 2011; dates: • Date waiver granted: January 19, • Missouri Department of Elementary • Alaska Department of Education, 2011. and Secondary Education, September May 6, 2011; • Description of waiver: A one-time 15, 2011; • California Department of Education, waiver of the requirement to assess all • New Mexico Public Education July 25, 2011; students at least once in grades 10 Department, November 4, 2011; • Colorado Department of Education, through 12 in mathematics. • North Carolina Department of July 25, 2011; 2. Waiver applicant: Kansas Public Instruction, August 29, 2011; • Connecticut Department of Department of Education • Ohio Department of Education, Education, November 4, 2011; • Provisions waived: Section August 23, 2011; • Delaware Department of Education, 1111(b)(3)(C)(ii) of the ESEA; 34 CFR • Oklahoma State Department of July 25, 2011; 200.2(b)(3)(i). Education, September 22, 2011; • Florida Department of Education, • Date waiver granted: April 5, 2011. • South Dakota Department of September 28, 2011; • Description of waiver: A one-year Education, June 29, 2011; • Massachusetts Department of waiver, with respect to McPherson • Virginia Department of Education, Elementary and Secondary Education, Unified School District, of the statutory July 25, 2011; and June 30, 2011; and regulatory requirements under Title • Washington Office of the • Minnesota Department of I, Part A of the ESEA that required the Superintendent of Public Instruction, Education, August 15, 2011; assessments administered to be aligned July 25, 2011. • Missouri Department of Elementary with the State’s academic content and D. Waivers of Requirement to Identify and Secondary Education, September achievement standards. Schools for Improvement Before the 15, 2011; 3. Waiver applicant: Tennessee Start of the School Year. • Montana Office of Public Department of Education • Provisions waived: Section asabaliauskas on DSKBBXCHB2PROD with NOTICES 1. Waiver applicant: Washington Instruction, July 25, 2011; Office of the Superintendent of Public • New Mexico Public Education 1111(b)(3)(A), (b)(3)(C)(v)(II), and Instruction Department, November 4, 2011; (b)(3)(C)(vii) of the ESEA; 34 CFR • Provisions waived: Section • New York State Education 200.2(a)(1), 200.5(a)(2), and 200.5(b). 1116(b)(1)(B) of the ESEA; 34 CFR Department, February 10, 2011; • Date waiver granted: January 24, 200.32(a)(2). • North Dakota Department of Public 2011. • Date waiver granted: June 30, 2011. Instruction, June 6, 2011; • Description of waiver: A waiver of • Description of waiver: A one-time • Ohio Department of Education, the requirement to assess Harpeth High waiver of the requirement to identify August 23, 2011; School and Houston County High VerDate Sep<11>2014 18:40 Oct 05, 2017 Jkt 244001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\06OCN1.SGM 06OCN1

Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices 46783 School students annually in reading/ VI. Waivers of Eligible School • Date waiver granted: July 11, 2011. language arts, mathematics, and science Attendance Area Requirements • Description of waiver: Waiver of for the 2009–2010 school year. two requirements of TIF: (1) Absolute A. Waivers of Requirements for 4. Waiver applicant: West Virginia Priority 1 in the NIA that required each Determining Eligible School Attendance Department of Education TIF grantee to develop a rigorous Areas. • Provisions waived: Section evaluation system for teachers and 1. Waiver applicant: Keene School 1111(b)(3)(A) of the ESEA; 34 CFR principals that took into account District 200.2(a)(1). student growth as a significant measure • Date waiver granted: August 1, • Provision waived: Section and multiple classroom observations; 2011. 1113(a)(2)(B) of the ESEA. and (2) one of the required five core • Description of waiver: A one-year • Date waiver granted: June 29, 2011. elements in the NIA, each of which was waiver of the requirement to assess • Description of waiver: A waiver for to have been in place before a grantee students in reading/language arts, four years, beginning in school year could make incentive payments using mathematics, and science at Kenova 2011–2012, of the requirements TIF funds (75 FR 28741). Elementary School, which closed during concerning Title I school eligibility to Accessible Format: Individuals with the spring 2011 testing window because ensure continuity of Title I services for disabilities can obtain this document in of structural safety issues caused by eligible children in Daniels Elementary an accessible format (e.g., braille, large flooding. School and Symonds Elementary print, audiotape, or compact disc) on B. Waivers of the State Requirements School. This waiver enabled both request to the program contact person to Use the Same Academic schools to continue offering Title I listed under FOR FURTHER INFORMATION Measurement Assessments to Measure programs to their eligible students CONTACT. the Achievement of All Students and to without the interruption caused by Electronic Access to This Document: Determine AYP. small demographic changes that affected The official version of this document is Provisions waived: Section eligibility for Title I. the document published in the Federal 1111(b)(3)(A) and (b)(3)(C)(i) of the B. Waiver of the Limitation on Register. Free internet access to the ESEA; 34 CFR 200.2(b)(1). Reserving Funds for Financial official edition of the Federal Register Waiver applicants and approved Incentives and Rewards. and the Code of Federal Regulations is dates: 1. Waiver applicant: Hillsborough available via the Federal Digital System • Kansas Department of Education, County Public Schools at: www.gpo.gov/fdsys. At this site you April 5, 2011 (a one-year waiver with • Provision waived: Section can view this document, as well as other respect to McPherson Unified School 1113(c)(4) of the ESEA. documents of this Department District of the statutory and regulatory • Date waiver granted: August 1, published in the Federal Register in text requirements under Title I, Part A of the 2011. or Portable Document Format (PDF). To ESEA that required the State to use the • Description of waiver: A one-year use PDF you must have Adobe Acrobat same academic assessments to measure waiver of the 5 percent cap on the Reader, which is available free at the the achievement of all students and to amount of Title I funds that an LEA site. determine AYP); and reserve for financial incentives and You may also access documents of the • Washington Office of the awards so that Hillsborough County Department published in the Federal Superintendent of Public Instruction, Public Schools could reserve up to 8.8 Register by using the article search June 30, 2011. A one-year waiver of the percent of their FY 2011 Title I, Part A feature at: www.federalregister.gov. statutory and regulatory requirements allocation for such purposes. Specifically, through the advanced under Title I, Part A of the ESEA that VII. Waiver of the Requirements for search feature at this site, you can limit required the State to use the same Schoolwide Programs your search to documents published by academic assessments to measure the the Department. achievement of all students and to A. Waiver of the 40 Percent Poverty Threshold for Schoolwide Programs. Dated: October 3, 2017. determine AYP. C. Waivers of the Requirement to 1. Waiver applicant: Aberdeen Public Jason Botel, Include All Students Enrolled at the School District 6–1 Acting Assistant Secretary for Elementary and Time of Testing in the Participation • Provision waived: Section Secondary Education. Rate Calculations. 1114(a)(1) of the ESEA. [FR Doc. 2017–21622 Filed 10–5–17; 8:45 am] 1. Waiver applicant: Florida • Date waiver granted: November 4, BILLING CODE 4000–01–P Department of Education 2011. • Provisions waived: Section • Description of waiver: A waiver to 1111(b)(2)(I)(ii) of the ESEA; 34 CFR allow Simmons Elementary School to DEPARTMENT OF EDUCATION 200.20(c)(1)(i). operate a schoolwide program even • Date waiver granted: January 19, though its percentage of students from Notice of Waivers Granted Under 2011. low-income families was less than 40 Section 9401 of the Elementary and • Description of waiver: A waiver of percent, effective for four years or until Secondary Education Act of 1965, as the requirement to include all students the reauthorization of the ESEA, Amended enrolled at the time of testing in the whichever came first. AGENCY: Office of Elementary and asabaliauskas on DSKBBXCHB2PROD with NOTICES participation rate calculations used to Secondary Education, Department of determine AYP. This waiver authorized VIII. Waivers Regarding Teacher Incentive Fund (TIF) Requirements Education. Florida to exclude students who took ACTION: Notice. Algebra I as 6th, 7th, or 8th graders A. Waiver of Application during school years 2007–2008 through Requirements for the TIF Program. SUMMARY: In this notice, we announce 2009–2010 from participation rate 1. Waiver applicant: Community the waivers that the U.S. Department of calculations used in determining AYP Training and Assistance Center Education (Department) granted during based on assessment results from the • Provision waived: Section 9401 of calendar year 2013 under the waiver relevant school year. the ESEA. authority of the Elementary and VerDate Sep<11>2014 18:40 Oct 05, 2017 Jkt 244001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\06OCN1.SGM 06OCN1


Document Created: 2017-10-06 00:09:09
Document Modified: 2017-10-06 00:09:09
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 46779 
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