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)

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, 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;

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     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.

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    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, 
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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 
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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