82_FR_46976 82 FR 46783 - Notice of Waivers Granted Under Section 9401 of the Elementary and Secondary Education Act of 1965, as Amended

82 FR 46783 - 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 Range46783-46790
FR Document2017-21621

In this notice, we announce the waivers that the U.S. Department of Education (Department) granted during calendar year 2013 under the waiver authority of the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001 (ESEA), including waivers related to flexibilities granted to States in exchange for State-led reforms (ESEA flexibility). The ESEA requires that the Department publish in the Federal Register, and disseminate to interested parties, a notice of its decision to grant a waiver of statutory or regulatory requirements under the ESEA. Between 2011 and 2016, the Department granted more than 800 waivers of statutory or regulatory requirements to State educational agencies (SEAs) but neglected to comply with the ESEA's publication and dissemination requirements. This notice is intended to fulfill the Department's obligation to publicize its waiver decisions by identifying the waivers granted during 2013.

Federal Register, Volume 82 Issue 193 (Friday, October 6, 2017) 
[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Notices]
[Pages 46783-46790]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21621]


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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 2013 
under the waiver authority of the Elementary and

[[Page 46784]]

Secondary Education Act of 1965, as amended by the No Child Left Behind 
Act of 2001 (ESEA), including waivers related to flexibilities granted 
to States in exchange for State-led reforms (ESEA flexibility).
    The ESEA requires that the Department publish in the Federal 
Register, and disseminate to interested parties, a notice of its 
decision to grant a waiver of statutory or regulatory requirements 
under the ESEA. Between 2011 and 2016, the Department granted more than 
800 waivers of statutory or regulatory requirements to State 
educational agencies (SEAs) but neglected to comply with the ESEA's 
publication and dissemination requirements. This notice is intended to 
fulfill the Department's obligation to publicize its waiver decisions 
by identifying the waivers granted during 2013.

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 2013, the Department granted waivers 
through an initiative known as ESEA flexibility to 45 States under the 
waiver authority in section 9401 of the ESEA, in exchange for a 
rigorous and comprehensive State-developed plan designed to improve 
student academic achievement and increase the quality of 
instruction.\1\ The Department also granted individual waivers to 
certain States under the waiver authority in section 9401 of the ESEA.
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    \1\ Additional information regarding ESEA flexibility can be 
found at: http://www2.ed.gov/policy/elsec/guid/esea-flexibility/index.html.
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    We granted:
    (a) ESEA Flexibility: The Department granted the following ten 
waivers to 45 SEAs under ESEA flexibility:
    1. Flexibility Regarding the 2013-2014 Timeline for Determining 
Adequate Yearly Progress (AYP);
    2. Flexibility in Implementation of School Improvement 
Requirements;
    3. Flexibility in Implementation of Local Educational Agency (LEA) 
Improvement Requirements;
    4. Flexibility for Rural LEAs;
    5. Flexibility for Schoolwide Programs;
    6. Flexibility to Support School Improvement;
    7. Flexibility for Reward Schools;
    8. Flexibility Regarding Highly Qualified Teacher (HQT) Improvement 
Plans;
    9. Flexibility to Transfer Certain Funds; and
    10. Flexibility to Use School Improvement Grant (SIG) Funds to 
Support Priority Schools.
    In addition to waiving the ten provisions listed above, the 
Department granted three optional waivers under ESEA flexibility 
related to the following:
    1. Waivers of the 21st Century Community Learning Centers (21st 
CCLC) requirement to provide services during non-school hours or when 
school is not in session;
    2. Waivers of the requirement to make AYP determinations; and
    3. Waivers of requirements pertaining to Title I, Part A within-
district allocations.
    (b) 119 waivers extending the period in which funds were available 
for obligation: 30 waivers extending the period for State-administered 
ESEA formula grant programs that received fiscal year (FY) 2011 funds 
under the regular appropriation or FY 2009 funds under the American 
Recovery and Reinvestment Act (ARRA), one waiver extending the period 
for the 21st CCLC, 84 waivers for school improvement activities, and 
four waivers extending the period for the Striving Readers 
Comprehensive Literacy Formula Grant Program funds;
    (c) Three waivers allowing SEAs to approve schools or LEAs 
identified as in need of improvement to become supplemental educational 
services (SES) providers;
    (d) Two waivers pertaining to school eligibility requirements and 
the definition of persistently lowest-achieving schools;
    (e) Eight waivers of requirements related to State academic 
standards or assessments: Three waivers allowing extensions of the 
growth model pilot; four waivers related to the substitution of 
standards or assessments; and one waiver permitting the use of annual 
measureable achievement objectives (AMOs) to make AYP determination 
based on assessments administered the previous year;
    (f) 45 waivers allowing SEAs to waive the carryover limitation more 
than once every three years for their Title I, Part A allocation; and
    (g) One waiver of the requirement that an LEA provide parents of 
eligible students with notice of their public school choice options at 
least 14 days before the start of school year.

I. ESEA Flexibility Waivers

A. Flexibility Regarding the 2013-2014 Timeline for Determining AYP

    The Department waived the requirements in section 1111(b)(2)(E)-(H) 
of the ESEA that prescribe how an SEA establishes AMOs for determining 
AYP to ensure that all students met or exceeded the State's proficient 
level of academic achievement on the State's assessments in reading/
language arts and mathematics no later than the end of the 2013-2014 
school year. Under this waiver, an SEA no longer needed to follow the 
statutory procedures for setting AMOs to use in determining AYP. 
Instead, an SEA had flexibility to develop new ambitious but achievable 
AMOs in reading/language arts and mathematics in order to provide 
meaningful goals to guide support and improvement efforts for the 
State, LEAs, schools, and student subgroups.
    Provisions waived: Section 1111(b)(2)(E)-(H) of the ESEA.
    Waiver Applicants:

 Alabama State Department of Education
 Alaska Department of Education and Early Development
 Arizona Department of Education
 Georgia Department of Education
 Hawaii State Department of Education
 Kansas State Department of Education
 Maine Department of Education
 Nevada Department of Education
 New Hampshire Department of Education
 Ohio Department of Education
 Oregon Department of Education
 Pennsylvania Department of Education
 Puerto Rico Department of Education
 Texas Education Agency
 Washington Office of the Superintendent of Public Instruction
 West Virginia Department of Education

B. Flexibility in Implementation of School Improvement Requirements

    The Department waived the requirements in section 1116(b) of the 
ESEA for an LEA to identify for improvement, corrective action, or 
restructuring, as appropriate, a Title I school that failed, for two 
consecutive years or more, to make AYP, and for a school so identified 
and its LEA to take certain improvement actions. Under this waiver, an 
LEA was no longer required to identify respective Title I schools for 
improvement, corrective action, or restructuring, and neither the LEA 
nor its schools were required to take statutorily required improvement 
actions, including providing public school choice and SES to eligible

[[Page 46785]]

students. An LEA was also exempt from administrative and reporting 
requirements related to school improvement.
    Waiver Applicants:

 Alabama State Department of Education
 Alaska Department of Education and Early Development
 Arizona Department of Education
 Georgia Department of Education
 Hawaii State Department of Education
 Kansas State Department of Education
 Maine Department of Education
 Nevada Department of Education
 New Hampshire Department of Education
 Ohio Department of Education
 Oregon Department of Education
 Pennsylvania Department of Education
 Puerto Rico Department of Education
 Texas Education Agency
 Washington Office of the Superintendent of Public Instruction
 West Virginia Department of Education
 San Francisco Unified School District (California)
 Los Angeles Unified School District (California)
 Fresno Unified School District (California)
 Sanger Unified School District (California)
 Santa Ana Unified School District (California)
 Sacramento City Unified School District (California)
 Long Beach Unified School District (California)
 Oakland Unified School District (California)

C. Flexibility in Implementation of LEA Improvement

    The Department waived the requirements in section 1116(c) of the 
ESEA for an SEA to identify for improvement or corrective action, as 
appropriate, an LEA that, for two consecutive years or more, failed to 
make AYP, and neither the LEA nor the SEA was required to take 
statutorily required improvement actions. An LEA was also exempt from 
associated administrative and reporting requirements related to LEA 
improvement.
    Provisions waived: Section 1116(c)(3) and (5)-(11) of the ESEA.
    Waiver Applicants:

 Alabama State Department of Education
 Alaska Department of Education and Early Development
 Arizona Department of Education
 Georgia Department of Education
 Hawaii State Department of Education
 Kansas State Department of Education
 Maine Department of Education
 Nevada Department of Education
 New Hampshire Department of Education
 Ohio Department of Education
 Oregon Department of Education
 Pennsylvania Department of Education
 Puerto Rico Department of Education
 Texas Education Agency
 Washington Office of the Superintendent of Public Instruction
 West Virginia Department of Education
 San Francisco Unified School District (California)
 Los Angeles Unified School District (California)
 Fresno Unified School District (California)
 Sanger Unified School District (California)
 Santa Ana Unified School District (California)
 Sacramento City Unified School District (California)
 Long Beach Unified School District (California)
 Oakland Unified School District (California)

D. Flexibility for Rural LEAs

    The Department waived the requirements in sections 6213(b) and 
6224(e) of the ESEA that limited participation in, and use of funds 
under, the Small, Rural School Achievement (SRSA) and RLIS programs 
based on whether an LEA made AYP and was complying with the 
requirements in section 1116 of the ESEA. Under the waiver, an LEA that 
received SRSA or RLIS funds had flexibility to use those funds for any 
authorized purpose regardless of the LEA's AYP status.
    Provisions waived: Sections 6213(b) and 6224(e) of the ESEA.
    Waiver Applicants:

 Alabama State Department of Education
 Alaska Department of Education and Early Development
 Arizona Department of Education
 Georgia Department of Education
 Kansas State Department of Education
 Maine Department of Education
 Nevada Department of Education
 New Hampshire Department of Education
 Ohio Department of Education
 Oregon Department of Education
 Pennsylvania Department of Education
 Puerto Rico Department of Education
 Texas Education Agency
 Washington Office of the Superintendent of Public Instruction
 West Virginia Department of Education

E. Flexibility for Schoolwide Programs

    The Department waived the requirement in section 1114(a)(1) of the 
ESEA that a school have a poverty percentage of 40 percent or more in 
order to operate a schoolwide program. Under this waiver, an LEA had 
flexibility to operate a schoolwide program in a Title I school that 
did not meet the 40 percent poverty threshold if the SEA identified the 
school as a priority school or a focus school, and the LEA implemented 
interventions consistent with the turnaround principles or 
interventions that were based on the needs of the students in the 
school and designed to enhance the entire educational program in the 
school, as appropriate.
    Provision waived: Section 1114(a)(1) of the ESEA.
    Waiver Applicants:

 Alabama State Department of Education
 Alaska Department of Education and Early Development
 Arizona Department of Education
 Georgia Department of Education
 Hawaii State Department of Education
 Kansas State Department of Education
 Maine Department of Education
 Nevada Department of Education
 New Hampshire Department of Education
 Ohio Department of Education
 Oregon Department of Education
 Pennsylvania Department of Education
 Puerto Rico Department of Education
 Texas Education Agency
 Washington Office of the Superintendent of Public Instruction
 West Virginia Department of Education
 San Francisco Unified School District (California)
 Los Angeles Unified School District (California)
 Fresno Unified School District (California)
 Sanger Unified School District (California)
 Santa Ana Unified School District (California)
 Sacramento City Unified School District (California)
 Long Beach Unified School District (California)
 Oakland Unified School District (California)

F. Flexibility To Support School Improvement

    The Department waived the requirement in section 1003(a) of the 
ESEA for an SEA to distribute funds

[[Page 46786]]

reserved under that section only to LEAs with schools identified for 
improvement, corrective action, or restructuring. Under this waiver, an 
SEA had flexibility to allocate ESEA section 1003(a) funds to an LEA in 
order to serve any priority or focus school, if the SEA determined such 
school was most in need of additional support.
    Provision waived: Section 1003(a) of the ESEA.
    Waiver Applicants:

 Alabama State Department of Education
 Alaska Department of Education and Early Development
 Arizona Department of Education
 Georgia State Department of Education
 Hawaii State Department of Education
 Kansas State Department of Education
 Maine Department of Education
 Nevada Department of Education
 New Hampshire Department of Education
 Ohio Department of Education
 Oregon Department of Education
 Pennsylvania Department of Education
 Puerto Rico Department of Education
 Texas Education Agency
 Washington Office of the Superintendent of Public Instruction
 West Virginia Department of Education

G. Flexibility for Reward Schools

    The Department waived the provision in section 1117(c)(2)(A) of the 
ESEA that authorized an SEA to reserve Title I, Part A funds to reward 
a Title I school that (1) significantly closed the achievement gap 
between subgroups in the school; or (2) exceeded AYP for two or more 
consecutive years. Under this waiver, an SEA had flexibility to use 
funds reserved under section 1117(c)(2)(A) of the ESEA to provide 
financial rewards to any reward school, if the SEA determined such 
school was most appropriate to receive a financial reward.
    Provision waived: Section 1117(b)(1)(B) of the ESEA.
    Waiver Applicants:

 Alabama State Department of Education
 Alaska Department of Education and Early Learning Development
 Arizona Department of Education
 Georgia Department of Education
 Hawaii State Department of Education
 Kansas State Department of Education
 Maine Department of Education
 Nevada Department of Education
 New Hampshire Department of Education
 Ohio Department of Education
 Oregon Department of Education
 Pennsylvania Department of Education
 Puerto Rico Department of Education
 Texas Education Agency
 Washington Office of the Superintendent of Public Instruction
 West Virginia Department of Education

H. Flexibility Regarding HQT Improvement Plans

    The Department waived the requirements in section 2141(a) through 
(c) of the ESEA for an LEA and SEA to comply with certain requirements 
for improvement plans regarding highly qualified teachers. Under the 
waiver, an LEA that did not meet its HQT target did not have to develop 
an improvement plan under section 2141 of the ESEA and had flexibility 
in how it used its Title I and Title II funds. An SEA was exempt from 
the requirements regarding its role in the implementation of those 
plans, including the requirement that it enter into agreements with 
LEAs on the use of funds and the requirement that it provide technical 
assistance to LEAs on their plans. This flexibility allowed an SEA and 
LEA to focus on developing and implementing more meaningful evaluation 
and support systems.
    Provisions waived: Section 2141(a)-(c) of the ESEA.
    Waiver Applicants:

 Alabama State Department of Education
 Alaska Department of Education and Early Development
 Arizona Department of Education
 Georgia Department of Education
 Hawaii State Department of Education
 Kansas State Department of Education
 Maine Department of Education
 Nevada Department of Education
 New Hampshire Department of Education
 Ohio Department of Education
 Oregon Department of Education
 Pennsylvania Department of Education
 Puerto Rico Department of Education
 Texas Education Agency
 Washington Office of the Superintendent of Public Instruction
 West Virginia Department of Education
 San Francisco Unified School District (California)
 Los Angeles Unified School District (California)
 Fresno Unified School District (California)
 Sanger Unified School District (California)
 Santa Ana Unified School District (California)
 Sacramento City Unified School District (California)
 Long Beach Unified School District (California)
 Oakland Unified School District (California)

II. Flexibility To Transfer Certain Funds

    The Department waived the limitations in section 6123 of the ESEA 
that limited the amount of funds an SEA or LEA may transfer from 
certain ESEA programs to other ESEA programs. Under this waiver, an SEA 
and its LEAs had flexibility to transfer up to 100 percent of the funds 
received under the authorized programs among those programs and into 
Title I, Part A programs. Moreover, to minimize burden at the State and 
local levels, the SEA was not required to notify the Department, and 
its participating LEAs were not required to notify the SEA, prior to 
transferring funds.
    Provisions waived: Section 6123(a), (b)(1), (d), and (e)(1) of the 
ESEA.
    Waiver Applicants:

 Alabama State Department of Education
 Alaska Department of Education and Early Development
 Arizona Department of Education
 Georgia Department of Education
 Hawaii State Department of Education
 Kansas State Department of Education
 Maine Department of Education
 Nevada Department of Education
 New Hampshire Department of Education
 Ohio Department of Education
 Oregon Department of Education
 Pennsylvania Department of Education
 Puerto Rico Department of Education
 Texas Education Agency
 Washington Office of the Superintendent of Public Instruction
 West Virginia Department of Education
 San Francisco Unified School District (California)
 Los Angeles Unified School District (California)
 Fresno Unified School District (California)
 Sanger Unified School District (California)
 Santa Ana Unified School District (California)
 Sacramento City Unified School District (California)
 Long Beach Unified School District (California)
 Oakland Unified School District (California)

A. Flexibility To Use SIG Funds To Support Priority Schools

    The Department waived the requirements in section 1003(g)(4) of the

[[Page 46787]]

ESEA and the definition of a ``Tier I school'' in section I.A.3 of the 
SIG final requirements. Under this waiver, an SEA had flexibility to 
award SIG funds available under section 1003(g) of the ESEA to an LEA 
to implement one of the four SIG models in any priority school.
    Provision waived: Section 1003(g)(4) of the ESEA and Section I.A.3 
of the SIG final requirements (74 FR 65618).
    Waiver Applicants:

 Alabama State Department of Education
 Alaska Department of Education and Early Development
 Arizona Department of Education
 Georgia Department of Education
 Hawaii State Department of Education
 Idaho State Department of Education
 Kansas State Department of Education
 Maine Department of Education
 Nevada Department of Education
 New Hampshire Department of Education
 New Jersey Department of Education
 Ohio Department of Education
 Oregon Department of Education
 Pennsylvania Department of Education
 Puerto Rico Department of Education
 Texas Education Agency
 Washington Office of the Superintendent of Public Instruction
 West Virginia Department of Education

B. Flexibility in the Use of 21st CCLC Program Funds

    The Department waived requirements in sections 4201(b)(1)(A) and 
4204(b)(2)(A) of the ESEA that restricted the activities provided by a 
community learning center under the 21st CCLC program to activities 
provided only during non-school hours or periods when school was not in 
session (i.e., before and after school or during summer recess). Under 
this waiver, an SEA had flexibility to permit community learning 
centers to use 21st CCLC funds to support expanded learning time during 
the school day in addition to activities during non-school hours or 
periods when school was not in session.
    Provisions waived: Sections 4201(b)(1)(A) and 4204(b)(2)(A) of the 
ESEA.
    Waiver Applicants:

 Alabama State Department of Education
 Arizona Department of Education
 Georgia Department of Education
 Hawaii State Department of Education
 Kansas State Department of Education
 Maine Department of Education
 Nevada Department of Education
 Ohio Department of Education
 Oregon Department of Education
 Pennsylvania Department of Education
 Puerto Rico Department of Education
 Texas Education Agency
 Washington Office of the Superintendent of Public Instruction
 West Virginia Department of Education

C. Flexibility Regarding Making AYP Determinations

    The Department waived the requirements in section 1116(a)(1)(A)-(B) 
and (c)(1)(A) of the ESEA that required LEAs and SEAs to make 
determinations of AYP for schools and LEAs, respectively. Instead, an 
SEA and its LEAs had to report on their report cards performance 
against the AMOs for all subgroups identified in section 
1111(b)(2)(C)(v) of the ESEA, and use performance against the AMOs to 
support continuous improvement in Title I schools.
    Provisions waived: Section 1116(a)(1)(A)-(B) and (c)(1)(A) of the 
ESEA.
    Waiver Applicants:

 Alabama State Department of Education
 Alaska Department of Education and Early Development
 Arizona Department of Education
 Georgia Department of Education
 Hawaii State Department of Education
 Kansas State Department of Education
 Maine Department of Education
 Nevada Department of Education
 New Hampshire Department of Education
 Ohio Department of Education
 Oregon Department of Education
 Pennsylvania Department of Education
 Puerto Rico Department of Education
 Texas Education Agency
 Washington Office of the Superintendent of Public Instruction
 West Virginia Department of Education

D. Flexibility Regarding Within-District Title I Allocations

    The Department waived the requirements in section 1113(a)(3)-(4) of 
the ESEA that required an LEA to serve eligible schools under Title I 
in rank order of poverty and to allocate Title I, Part A funds based on 
that rank ordering. Under this waiver, an LEA had flexibility to serve 
with Title I funds a Title I-eligible high school with a graduation 
rate below 60 percent that the SEA identified as a priority school even 
if that school did not rank sufficiently high to be served based solely 
on the school's poverty rate.
    Provisions waived: Section 1113(a)(3)-(4) and (c)(1) of the ESEA.
    Waiver Applicants:

 Alabama State Department of Education
 Arizona Department of Education
 Georgia Department of Education
 Hawaii State Department of Education
 Kansas State Department of Education
 Maine Department of Education
 Maryland State Department of Education
 Nevada Department of Education
 New Hampshire Department of Education
 Ohio Department of Education
 Oregon Department of Education
 Pennsylvania Department of Education
 Puerto Rico Department of Education
 Texas Education Agency
 Washington Office of the Superintendent of Public Instruction
 West Virginia Department of Education
 San Francisco Unified School District (California)
 Los Angeles Unified School District (California)
 Fresno Unified School District (California)
 Sanger Unified School District (California)
 Santa Ana Unified School District (California)
 Sacramento City Unified School District (California)
 Long Beach Unified School District (California)
 Oakland Unified School District (California)

III. Extensions of the Obligation Period

    A. The Department granted waivers for ESEA State-administered 
formula grant programs extending until September 30, 2014, the period 
of availability for FY 2011 Title I, Part A funds reserved for school 
improvement activities under section 1003(a) of the ESEA.
    Provision waived: Tydings Amendment, section 421(b) of the General 
Education Provisions Act (GEPA) (20 U.S.C. 1225(b)).
    Waiver Applicants:

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

    B. The Department granted waivers for ESEA State-administered 
formula

[[Page 46788]]

grant programs extending until September 30, 2014, the period of 
availability of FY 2009 Title I, Part A program funds awarded under 
ARRA.
    Provision waived: Tydings Amendment, section 421(b) of GEPA (20 
U.S.C. 1225(b)).
    Waiver Applicants:

 Alabama State Department of Education
 Arizona Department of Education
 Arkansas Department of Education
 California Department of Education
 Colorado Department of Education
 Florida Department of Education
 Iowa Department of Education
 Kentucky Department of Education
 Maine Department of Education
 Maryland State Department of Education
 Massachusetts Department of Elementary and Secondary Education
 Minnesota Department of Education
 Montana Office of Public Instruction
 Nebraska Department of Education
 New Hampshire Department of Education
 New Jersey Department of Education
 New Mexico Public Education Department
 Oregon Department of Education
 Pennsylvania Department of Education
 Rhode Island Department of Education
 South Carolina Department of Education
 Tennessee Department of Education
 Texas Education Agency
 West Virginia Department of Education

    C. Waivers extending the period of availability of SIG program 
funds awarded under section 1003(g) of the ESEA.
    1. Extended the period of availability of FY 2009 SIG funds until 
September 30, 2014.
    Provision waived: Tydings Amendment, section 421(b) of GEPA.
    Waiver Applicants:

 Alabama State Department of Education
 Arizona Department of Education
 Arkansas Department of Education
 California Department of Education
 Colorado Department of Education
 Florida Department of Education
 Iowa Department of Education
 Kentucky Department of Education
 Maine Department of Education
 Maryland State Department of Education
 Massachusetts Department of Elementary and Secondary Education
 Minnesota Department of Education
 Montana Office of Public Instruction
 Nebraska Department of Education
 New Hampshire Department of Education
 New Jersey Department of Education
 New Mexico Public Education Department
 Oregon Department of Education
 Pennsylvania Department of Education
 Rhode Island Department of Education
 South Carolina Department of Education
 Tennessee Department of Education
 Texas Education Agency
 Washington Office of the Superintendent of Public Instruction
 West Virginia Department of Education

    2. Extended the period of availability of FY 2010 SIG funds.
    Provision waived: Tydings Amendment, section 421(b) of GEPA.
    a. Extension granted until June 1, 2013.
    Waiver Applicant:

 Idaho State Department of Education

    b. Extension granted until August 1, 2013.
    Waiver Applicant:

 Idaho State Department of Education

    c. Extension granted until September 30, 2013.
    Waiver Applicants:

 Mississippi Department of Education
 Virginia Department of Education

    d. Extension granted until September 30, 2014.
    Waiver Applicants:

 Alabama State Department of Education
 California Department of Education
 Delaware Department of Education
 Hawaii State Department of Education
 Idaho State Department of Education
 Illinois State Board of Education
 Michigan Department of Education
 Minnesota Department of Education
 Mississippi Department of Education
 Missouri Department of Elementary and Secondary Education
 Oklahoma State Department of Education
 Rhode Island Department of Education
 Texas Education Agency

    3. Extended the period of availability of FY 2011 SIG funds.
    Provision waived: Tydings Amendment, section 421(b) of GEPA.
    a. Extension granted until September 30, 2014.
    Waiver Applicants:

 Alaska Department of Education and Early Development
 Arizona Department of Education
 Hawaii State Department of Education
 Kansas State Department of Education
 Kentucky Department of Education
 Maine Department of Education
 Michigan Department of Education
 Minnesota Department of Education
 Mississippi Department of Education
 New Jersey Department of Education
 New Mexico Public Education Department
 Ohio Department of Education
 Pennsylvania Department of Education
 South Carolina Department of Education
 Tennessee Department of Education
 Utah State Office of Education
 Virginia Department of Education
 Wisconsin Department of Public Education

    b. Extension granted until September 30, 2015.
    Waiver Applicants:

 California Department of Education
 District of Columbia Office of the State Superintendent of 
Education
 Idaho State Department of Education
 Illinois State Board of Education
 Missouri Department of Elementary and Secondary Education
 New York State Department of Education
 Oklahoma State Department of Education

    4. Extended the period of availability of FY 2012 SIG funds.
    Provision waived: Tydings Amendment, section 421(b) of GEPA.
    a. Extension granted until September 30, 2015.
    Waiver Applicants:

 Arkansas Department of Education
 Delaware Department of Education
 Washington Office of the Superintendent of Public Instruction

    b. Extension granted until September 30, 2016.
    Waiver Applicants:

 Colorado Department of Education
 District of Columbia Office of the State Superintendent of 
Education
 Georgia Department of Education
 Idaho State Department of Education
 Illinois State Board of Education
 Indiana Department of Education
 Kansas State Department of Education
 Louisiana Department of Education
 Maine Department of Education
 Massachusetts Department of Elementary and Secondary Education
 Nebraska Department of Education
 Nevada Department of Education
 Rhode Island Department of Education

    5. Extended the period of availability of FY 2013 SIG funds.
    Provision waived: Tydings Amendment, section 421(b) of GEPA.

[[Page 46789]]

    a. Extension granted until September 30, 2016.
    Waiver Applicant:

 Minnesota Department of Education

    D. Waivers for the Striving Readers Comprehensive Literacy Grant 
Program extending the period of availability until December 31, 2013 of 
FY 2010 funds awarded under Part E, Section 1502 of the ESEA.
    Provision waived: Tydings Amendment, section 421(b) of GEPA.
    Waiver Applicants:

 California Department of Education
 New Mexico Public Education Department
 South Carolina Department of Education
 Tennessee Department of Education

    E. Waivers for the 21st CCLC program extending the period of 
availability of FY 2010 funds until September 30, 2013.
    Provision waived: Tydings Amendment, section 421(b) of GEPA.
    Waiver Applicant:

 Kansas State Department of Education

IV. Waivers Allowing SEAs To Approve Schools or LEAs Identified as in 
Need of Improvement To Become SES Providers

    The Department permitted SEAs to approve a school or LEA identified 
for improvement, corrective action, or restructuring to serve as a 
provider of SES.
    Provisions waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
    Waiver Applicants:

 California Department of Education (during the 2014-15 and 
2015-16 school years)
 Montana Office of Public Instruction (during the 2013-14 
school year)

V. Waivers of School Eligibility Requirements and Definition of 
Persistently Lowest-Achieving Schools

    The Department allowed SEAs to: (A) Waive the school eligibility 
requirements by replacing the list of Tier I, Tier II, and Tier III 
schools with their list of priority schools; and (B) replace the 
definition of ``persistently lowest-achieving schools'' with the 
State's definition of ``priority schools.''
    Provisions waived: Sections I.A.1 and I.A.3 of the SIG final 
requirements (75 FR 66363).
    Waiver Applicants:

 Idaho State Department of Education
 New Jersey Department of Education

VI. Waivers of Academic Standards, Assessments, and Accountability 
Requirements

    A. Two-year extension of waiver permitting SEAs to use their Growth 
Model Pilots in making accountability determinations based on 
assessments administered through the 2013-2014 school year.
    Provision waived: Section 1111(b)(2) of the ESEA.
    Waiver Applicants:

 Delaware Department of Education
 Iowa Department of Education
 Pennsylvania Department of Education

    B. Waivers allowing substitution of standards or assessments.
    Allowed Kansas to permit McPherson Unified School District, Kansas 
City, Kansas Public Schools and the Clifton-Clyde Unified School 
District to: (i) Administer the ACT in high school and the EXPLORE in 
grade 8 in lieu of the Kansas State assessments; and (ii) use the 
results of those assessments for accountability purposes.
    Provisions waived: Section 1111(b)(1)(B), (b)(3)(A), and 
(b)(3)(C)(i)-(ii) of the ESEA.
    Waiver Applicant:

 Kansas State Department of Education

    C. Waiver permitting the use of AMOs to make AYP determinations 
based on assessments administered the previous year.
    Provision waived: Section 1111(b)(2)(H) of the ESEA.
    Waiver Applicant:

 Wyoming Department of Education

VII. Waivers Authorizing an SEA To Waive the Carryover Limitation for 
an LEA Because of Its Receipt of Title I, Part A ARRA Funds

    Waiver to permit an SEA to waive the carryover limitation more than 
once within three years for an LEA that needs the additional waiver 
because of its receipt of Title I, Part A ARRA funds.
    Provision waived: Section 1127(b) of the ESEA.
    Waiver Applicants:

 Alabama State Department of Education
 Alaska Department of Education and Early Development
 Arizona Department of Education
 Arkansas Department of Education
 California Department of Education
 District of Columbia Office of State Superintendent of 
Education
 Florida Department of Education
 Georgia Department of Education
 Hawaii State Department of Education
 Idaho State Department of Education
 Illinois State Board of Education (applies to FY 2011 and 
2012)
 Indiana Department of Education
 Iowa Department of Education
 Kentucky Department of Education
 Louisiana Department of Education
 Maine Department of Education
 Michigan Department of Education
 Minnesota Department of Education
 Mississippi Department of Education
 Missouri Department of Education
 Montana Office of Public Instruction
 Nebraska Department of Education
 Nevada Department of Education
 New Hampshire Department of Education: Merrimack School 
District
 New Hampshire Department of Education: Derry School District
 New Hampshire Department of Education
 New Jersey Department of Education
 New Mexico Public Education Department
 New York State Department of Education
 North Dakota Department of Public Instruction
 Ohio Department of Education
 Oklahoma State Department of Education
 Rhode Island Department of Education
 South Carolina Department of Education
 South Dakota Department of Education
 Tennessee Department of Education
 Utah State Office of Education
 Virginia Department of Education
 Washington Office of the Superintendent of Public Instruction
 West Virginia Department of Education
 Wisconsin Department of Public Education
 Wyoming Department of Education

VIII. Waivers Regarding Public School Choice

    The Department granted an SEA a waiver to postpone notice of public 
school choice options beyond 14 days before the start of the school 
year to parents of eligible children attending schools that--
    A. Were newly identified for improvement for the school year; or
    B. Made AYP in the previous year, but did not exit improvement 
status.
    Provisions waived: Section 1116(b)(1)(E)(i) of the ESEA and 34 CFR 
200.37(b)(4)(iv).
    Waiver Applicant:

 Wyoming Department of Education

    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

[[Page 46790]]

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. 2017-21621 Filed 10-5-17; 8:45 am]
 BILLING CODE 4000-01-P

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

46784 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices Secondary Education Act of 1965, as 7. Flexibility for Reward Schools; I. ESEA Flexibility Waivers amended by the No Child Left Behind 8. Flexibility Regarding Highly A. Flexibility Regarding the 2013–2014 Act of 2001 (ESEA), including waivers Qualified Teacher (HQT) Improvement Timeline for Determining AYP related to flexibilities granted to States Plans; in exchange for State-led reforms (ESEA 9. Flexibility to Transfer Certain The Department waived the flexibility). Funds; and requirements in section 1111(b)(2)(E)– The ESEA requires that the 10. Flexibility to Use School (H) of the ESEA that prescribe how an Department publish in the Federal Improvement Grant (SIG) Funds to SEA establishes AMOs for determining Register, and disseminate to interested Support Priority Schools. AYP to ensure that all students met or parties, a notice of its decision to grant exceeded the State’s proficient level of In addition to waiving the ten a waiver of statutory or regulatory academic achievement on the State’s provisions listed above, the Department requirements under the ESEA. Between assessments in reading/language arts granted three optional waivers under 2011 and 2016, the Department granted and mathematics no later than the end ESEA flexibility related to the following: more than 800 waivers of statutory or of the 2013–2014 school year. Under 1. Waivers of the 21st Century this waiver, an SEA no longer needed to regulatory requirements to State Community Learning Centers (21st follow the statutory procedures for educational agencies (SEAs) but CCLC) requirement to provide services setting AMOs to use in determining neglected to comply with the ESEA’s during non-school hours or when school AYP. Instead, an SEA had flexibility to publication and dissemination is not in session; develop new ambitious but achievable requirements. This notice is intended to fulfill the Department’s obligation to 2. Waivers of the requirement to make AMOs in reading/language arts and publicize its waiver decisions by AYP determinations; and mathematics in order to provide identifying the waivers granted during 3. Waivers of requirements pertaining meaningful goals to guide support and 2013. to Title I, Part A within-district improvement efforts for the State, LEAs, allocations. schools, and student subgroups. FOR FURTHER INFORMATION CONTACT: Kia (b) 119 waivers extending the period Provisions waived: Section Weems, U.S. Department of Education, in which funds were available for 1111(b)(2)(E)–(H) of the ESEA. 400 Maryland Avenue SW., Room obligation: 30 waivers extending the Waiver Applicants: 3W341, Washington, DC 20202. Telephone: (202) 260–2221 or by email: period for State-administered ESEA • Alabama State Department of formula grant programs that received Education kia.weems@ed.gov. If you use a telecommunications fiscal year (FY) 2011 funds under the • Alaska Department of Education and regular appropriation or FY 2009 funds Early Development device for the deaf (TDD) or a text under the American Recovery and • Arizona Department of Education telephone (TTY), call the Federal Relay Reinvestment Act (ARRA), one waiver • Georgia Department of Education Service (FRS), toll free, at 1–800–877– extending the period for the 21st CCLC, • Hawaii State Department of Education 8339. 84 waivers for school improvement • Kansas State Department of Education SUPPLEMENTARY INFORMATION: In 2013, activities, and four waivers extending • Maine Department of Education the Department granted waivers through the period for the Striving Readers • Nevada Department of Education an initiative known as ESEA flexibility Comprehensive Literacy Formula Grant • New Hampshire Department of to 45 States under the waiver authority Program funds; Education in section 9401 of the ESEA, in (c) Three waivers allowing SEAs to • Ohio Department of Education exchange for a rigorous and approve schools or LEAs identified as in • Oregon Department of Education comprehensive State-developed plan need of improvement to become • Pennsylvania Department of designed to improve student academic supplemental educational services (SES) Education achievement and increase the quality of providers; • Puerto Rico Department of Education instruction.1 The Department also • Texas Education Agency (d) Two waivers pertaining to school • Washington Office of the granted individual waivers to certain eligibility requirements and the States under the waiver authority in Superintendent of Public Instruction definition of persistently lowest- • West Virginia Department of section 9401 of the ESEA. achieving schools; We granted: Education (e) Eight waivers of requirements (a) ESEA Flexibility: The Department related to State academic standards or B. Flexibility in Implementation of granted the following ten waivers to 45 assessments: Three waivers allowing School Improvement Requirements SEAs under ESEA flexibility: extensions of the growth model pilot; The Department waived the 1. Flexibility Regarding the 2013– four waivers related to the substitution requirements in section 1116(b) of the 2014 Timeline for Determining of standards or assessments; and one ESEA for an LEA to identify for Adequate Yearly Progress (AYP); waiver permitting the use of annual improvement, corrective action, or 2. Flexibility in Implementation of measureable achievement objectives restructuring, as appropriate, a Title I School Improvement Requirements; (AMOs) to make AYP determination school that failed, for two consecutive 3. Flexibility in Implementation of based on assessments administered the years or more, to make AYP, and for a Local Educational Agency (LEA) previous year; school so identified and its LEA to take Improvement Requirements; (f) 45 waivers allowing SEAs to waive asabaliauskas on DSKBBXCHB2PROD with NOTICES certain improvement actions. Under this 4. Flexibility for Rural LEAs; the carryover limitation more than once waiver, an LEA was no longer required 5. Flexibility for Schoolwide every three years for their Title I, Part to identify respective Title I schools for Programs; A allocation; and improvement, corrective action, or 6. Flexibility to Support School (g) One waiver of the requirement that restructuring, and neither the LEA nor Improvement; an LEA provide parents of eligible its schools were required to take 1 Additional information regarding ESEA students with notice of their public statutorily required improvement flexibility can be found at: http://www2.ed.gov/ school choice options at least 14 days actions, including providing public policy/elsec/guid/esea-flexibility/index.html. before the start of school year. school choice and SES to eligible VerDate Sep<11>2014 18:40 Oct 05, 2017 Jkt 244001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\06OCN1.SGM 06OCN1

Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices 46785 students. An LEA was also exempt from • Hawaii State Department of Education • West Virginia Department of administrative and reporting • Kansas State Department of Education Education requirements related to school • Maine Department of Education • Nevada Department of Education E. Flexibility for Schoolwide Programs improvement. Waiver Applicants: • New Hampshire Department of The Department waived the • Alabama State Department of Education requirement in section 1114(a)(1) of the Education • Ohio Department of Education ESEA that a school have a poverty • Alaska Department of Education and • Oregon Department of Education percentage of 40 percent or more in Early Development • Pennsylvania Department of order to operate a schoolwide program. • Arizona Department of Education Education Under this waiver, an LEA had • Georgia Department of Education • Puerto Rico Department of Education flexibility to operate a schoolwide • Hawaii State Department of Education • Texas Education Agency program in a Title I school that did not • Kansas State Department of Education • Washington Office of the meet the 40 percent poverty threshold if • Maine Department of Education Superintendent of Public Instruction the SEA identified the school as a • Nevada Department of Education • West Virginia Department of priority school or a focus school, and • New Hampshire Department of Education the LEA implemented interventions • San Francisco Unified School District consistent with the turnaround Education (California) • Ohio Department of Education principles or interventions that were • Los Angeles Unified School District • Oregon Department of Education based on the needs of the students in (California) • Pennsylvania Department of the school and designed to enhance the • Fresno Unified School District entire educational program in the Education (California) • Puerto Rico Department of Education • Sanger Unified School District school, as appropriate. • Texas Education Agency Provision waived: Section 1114(a)(1) (California) of the ESEA. • Washington Office of the • Santa Ana Unified School District Superintendent of Public Instruction Waiver Applicants: (California) • West Virginia Department of • Alabama State Department of • Sacramento City Unified School Education Education District (California) • San Francisco Unified School District • Alaska Department of Education and • Long Beach Unified School District (California) Early Development (California) • Los Angeles Unified School District • Arizona Department of Education • Oakland Unified School District • Georgia Department of Education (California) (California) • Fresno Unified School District • Hawaii State Department of Education (California) D. Flexibility for Rural LEAs • Kansas State Department of Education • Sanger Unified School District • Maine Department of Education The Department waived the • Nevada Department of Education (California) requirements in sections 6213(b) and • Santa Ana Unified School District • New Hampshire Department of 6224(e) of the ESEA that limited Education (California) participation in, and use of funds under, • Sacramento City Unified School • Ohio Department of Education the Small, Rural School Achievement • Oregon Department of Education District (California) (SRSA) and RLIS programs based on • Pennsylvania Department of • Long Beach Unified School District whether an LEA made AYP and was Education (California) complying with the requirements in • Puerto Rico Department of Education • Oakland Unified School District section 1116 of the ESEA. Under the • Texas Education Agency (California) waiver, an LEA that received SRSA or • Washington Office of the C. Flexibility in Implementation of LEA RLIS funds had flexibility to use those Superintendent of Public Instruction Improvement funds for any authorized purpose • West Virginia Department of regardless of the LEA’s AYP status. Education The Department waived the Provisions waived: Sections 6213(b) • San Francisco Unified School District requirements in section 1116(c) of the and 6224(e) of the ESEA. (California) ESEA for an SEA to identify for Waiver Applicants: • Los Angeles Unified School District improvement or corrective action, as • Alabama State Department of (California) appropriate, an LEA that, for two • Fresno Unified School District Education consecutive years or more, failed to • Alaska Department of Education and (California) make AYP, and neither the LEA nor the Early Development • Sanger Unified School District SEA was required to take statutorily • Arizona Department of Education (California) required improvement actions. An LEA • Georgia Department of Education • Santa Ana Unified School District was also exempt from associated • Kansas State Department of Education (California) administrative and reporting • Maine Department of Education • Sacramento City Unified School requirements related to LEA • Nevada Department of Education District (California) improvement. • New Hampshire Department of • Long Beach Unified School District Provisions waived: Section 1116(c)(3) asabaliauskas on DSKBBXCHB2PROD with NOTICES Education (California) and (5)–(11) of the ESEA. • Ohio Department of Education • Oakland Unified School District Waiver Applicants: • Oregon Department of Education (California) • Alabama State Department of • Pennsylvania Department of Education Education F. Flexibility To Support School • Alaska Department of Education and • Puerto Rico Department of Education Improvement Early Development • Texas Education Agency The Department waived the • Arizona Department of Education • Washington Office of the requirement in section 1003(a) of the • Georgia Department of Education Superintendent of Public Instruction ESEA for an SEA to distribute funds VerDate Sep<11>2014 18:40 Oct 05, 2017 Jkt 244001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\06OCN1.SGM 06OCN1

46786 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices reserved under that section only to • Oregon Department of Education • Sacramento City Unified School LEAs with schools identified for • Pennsylvania Department of District (California) improvement, corrective action, or Education • Long Beach Unified School District restructuring. Under this waiver, an • Puerto Rico Department of Education (California) SEA had flexibility to allocate ESEA • Texas Education Agency • Oakland Unified School District section 1003(a) funds to an LEA in order • Washington Office of the (California) to serve any priority or focus school, if Superintendent of Public Instruction II. Flexibility To Transfer Certain the SEA determined such school was • West Virginia Department of Funds most in need of additional support. Education Provision waived: Section 1003(a) of The Department waived the H. Flexibility Regarding HQT limitations in section 6123 of the ESEA the ESEA. Improvement Plans Waiver Applicants: that limited the amount of funds an SEA The Department waived the or LEA may transfer from certain ESEA • Alabama State Department of programs to other ESEA programs. requirements in section 2141(a) through Education Under this waiver, an SEA and its LEAs (c) of the ESEA for an LEA and SEA to • Alaska Department of Education and had flexibility to transfer up to 100 comply with certain requirements for Early Development percent of the funds received under the improvement plans regarding highly • Arizona Department of Education authorized programs among those qualified teachers. Under the waiver, an • Georgia State Department of programs and into Title I, Part A LEA that did not meet its HQT target Education programs. Moreover, to minimize • Hawaii State Department of Education did not have to develop an improvement plan under section 2141 burden at the State and local levels, the • Kansas State Department of Education SEA was not required to notify the • Maine Department of Education of the ESEA and had flexibility in how it used its Title I and Title II funds. An Department, and its participating LEAs • Nevada Department of Education were not required to notify the SEA, • New Hampshire Department of SEA was exempt from the requirements regarding its role in the implementation prior to transferring funds. Education Provisions waived: Section 6123(a), • Ohio Department of Education of those plans, including the requirement that it enter into (b)(1), (d), and (e)(1) of the ESEA. • Oregon Department of Education Waiver Applicants: • Pennsylvania Department of agreements with LEAs on the use of funds and the requirement that it • Alabama State Department of Education Education • Puerto Rico Department of Education provide technical assistance to LEAs on their plans. This flexibility allowed an • Alaska Department of Education and • Texas Education Agency Early Development • Washington Office of the SEA and LEA to focus on developing • Arizona Department of Education and implementing more meaningful Superintendent of Public Instruction • Georgia Department of Education • West Virginia Department of evaluation and support systems. • Hawaii State Department of Education Education Provisions waived: Section 2141(a)– • Kansas State Department of Education (c) of the ESEA. • Maine Department of Education G. Flexibility for Reward Schools Waiver Applicants: • Nevada Department of Education The Department waived the provision • Alabama State Department of • New Hampshire Department of in section 1117(c)(2)(A) of the ESEA that Education Education authorized an SEA to reserve Title I, • Alaska Department of Education and • Ohio Department of Education Part A funds to reward a Title I school Early Development • Oregon Department of Education • Arizona Department of Education • Pennsylvania Department of that (1) significantly closed the achievement gap between subgroups in • Georgia Department of Education Education • Hawaii State Department of Education • Puerto Rico Department of Education the school; or (2) exceeded AYP for two • Texas Education Agency • Kansas State Department of Education or more consecutive years. Under this • Maine Department of Education • Washington Office of the waiver, an SEA had flexibility to use Superintendent of Public Instruction • Nevada Department of Education funds reserved under section • New Hampshire Department of • West Virginia Department of 1117(c)(2)(A) of the ESEA to provide Education Education financial rewards to any reward school, • San Francisco Unified School District • Ohio Department of Education if the SEA determined such school was (California) • Oregon Department of Education most appropriate to receive a financial • Los Angeles Unified School District • Pennsylvania Department of reward. (California) Education • Fresno Unified School District Provision waived: Section • Puerto Rico Department of Education 1117(b)(1)(B) of the ESEA. (California) • Texas Education Agency • Sanger Unified School District Waiver Applicants: • Washington Office of the • Alabama State Department of (California) Superintendent of Public Instruction • Santa Ana Unified School District Education • West Virginia Department of (California) • Alaska Department of Education and Education • Sacramento City Unified School Early Learning Development • San Francisco Unified School District District (California) • Arizona Department of Education asabaliauskas on DSKBBXCHB2PROD with NOTICES (California) • Long Beach Unified School District • Georgia Department of Education • Los Angeles Unified School District (California) • Hawaii State Department of Education (California) • Oakland Unified School District • Kansas State Department of Education • Fresno Unified School District (California) • Maine Department of Education (California) • Nevada Department of Education • Sanger Unified School District A. Flexibility To Use SIG Funds To • New Hampshire Department of (California) Support Priority Schools Education • Santa Ana Unified School District The Department waived the • Ohio Department of Education (California) requirements in section 1003(g)(4) of the VerDate Sep<11>2014 18:40 Oct 05, 2017 Jkt 244001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\06OCN1.SGM 06OCN1

Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices 46787 ESEA and the definition of a ‘‘Tier I • Ohio Department of Education Provisions waived: Section school’’ in section I.A.3 of the SIG final • Oregon Department of Education 1113(a)(3)–(4) and (c)(1) of the ESEA. requirements. Under this waiver, an • Pennsylvania Department of Waiver Applicants: SEA had flexibility to award SIG funds Education • Alabama State Department of available under section 1003(g) of the • Puerto Rico Department of Education Education ESEA to an LEA to implement one of • Texas Education Agency • Arizona Department of Education the four SIG models in any priority • Washington Office of the • Georgia Department of Education school. Superintendent of Public Instruction • Hawaii State Department of Education Provision waived: Section 1003(g)(4) • West Virginia Department of • Kansas State Department of Education of the ESEA and Section I.A.3 of the SIG Education • Maine Department of Education final requirements (74 FR 65618). C. Flexibility Regarding Making AYP • Maryland State Department of Waiver Applicants: Determinations Education • Alabama State Department of • Nevada Department of Education The Department waived the • New Hampshire Department of Education requirements in section 1116(a)(1)(A)– • Alaska Department of Education and Education (B) and (c)(1)(A) of the ESEA that • Ohio Department of Education Early Development required LEAs and SEAs to make • Oregon Department of Education • Arizona Department of Education determinations of AYP for schools and • Pennsylvania Department of • Georgia Department of Education LEAs, respectively. Instead, an SEA and • Hawaii State Department of Education Education its LEAs had to report on their report • Puerto Rico Department of Education • Idaho State Department of Education • Kansas State Department of Education cards performance against the AMOs for • Texas Education Agency • Maine Department of Education all subgroups identified in section • Washington Office of the • Nevada Department of Education 1111(b)(2)(C)(v) of the ESEA, and use Superintendent of Public Instruction • New Hampshire Department of performance against the AMOs to • West Virginia Department of Education support continuous improvement in Education • New Jersey Department of Education Title I schools. • San Francisco Unified School District Provisions waived: Section • Ohio Department of Education (California) 1116(a)(1)(A)–(B) and (c)(1)(A) of the • Los Angeles Unified School District • Oregon Department of Education ESEA. • Pennsylvania Department of (California) Waiver Applicants: • Fresno Unified School District Education • Puerto Rico Department of Education • Alabama State Department of (California) • Texas Education Agency Education • Sanger Unified School District • Washington Office of the • Alaska Department of Education and (California) Superintendent of Public Instruction Early Development • Santa Ana Unified School District • West Virginia Department of • Arizona Department of Education (California) Education • Georgia Department of Education • Sacramento City Unified School • Hawaii State Department of Education District (California) B. Flexibility in the Use of 21st CCLC • Kansas State Department of Education • Long Beach Unified School District Program Funds • Maine Department of Education (California) The Department waived requirements • Nevada Department of Education • Oakland Unified School District • New Hampshire Department of (California) in sections 4201(b)(1)(A) and Education 4204(b)(2)(A) of the ESEA that restricted • Ohio Department of Education III. Extensions of the Obligation Period the activities provided by a community • Oregon Department of Education A. The Department granted waivers learning center under the 21st CCLC • Pennsylvania Department of program to activities provided only for ESEA State-administered formula Education grant programs extending until during non-school hours or periods • Puerto Rico Department of Education when school was not in session (i.e., September 30, 2014, the period of • Texas Education Agency availability for FY 2011 Title I, Part A before and after school or during • Washington Office of the summer recess). Under this waiver, an funds reserved for school improvement Superintendent of Public Instruction SEA had flexibility to permit activities under section 1003(a) of the • West Virginia Department of community learning centers to use 21st ESEA. Education CCLC funds to support expanded Provision waived: Tydings learning time during the school day in D. Flexibility Regarding Within-District Amendment, section 421(b) of the addition to activities during non-school Title I Allocations General Education Provisions Act hours or periods when school was not The Department waived the (GEPA) (20 U.S.C. 1225(b)). in session. requirements in section 1113(a)(3)–(4) of Waiver Applicants: Provisions waived: Sections the ESEA that required an LEA to serve • Maryland State Department of 4201(b)(1)(A) and 4204(b)(2)(A) of the eligible schools under Title I in rank Education ESEA. order of poverty and to allocate Title I, • New York State Department of Waiver Applicants: Education asabaliauskas on DSKBBXCHB2PROD with NOTICES Part A funds based on that rank • Alabama State Department of ordering. Under this waiver, an LEA had • Ohio Department of Education Education flexibility to serve with Title I funds a • Oklahoma State Department of • Arizona Department of Education Title I-eligible high school with a Education • Georgia Department of Education graduation rate below 60 percent that • Rhode Island Department of • Hawaii State Department of Education the SEA identified as a priority school Education • Kansas State Department of Education even if that school did not rank • Virginia Department of Education • Maine Department of Education sufficiently high to be served based B. The Department granted waivers • Nevada Department of Education solely on the school’s poverty rate. for ESEA State-administered formula VerDate Sep<11>2014 18:40 Oct 05, 2017 Jkt 244001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\06OCN1.SGM 06OCN1

46788 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices grant programs extending until • New Hampshire Department of • Kansas State Department of Education September 30, 2014, the period of Education • Kentucky Department of Education availability of FY 2009 Title I, Part A • New Jersey Department of Education • Maine Department of Education program funds awarded under ARRA. • New Mexico Public Education • Michigan Department of Education Provision waived: Tydings Department • Minnesota Department of Education Amendment, section 421(b) of GEPA (20 • Oregon Department of Education • Mississippi Department of Education U.S.C. 1225(b)). • Pennsylvania Department of • New Jersey Department of Education Waiver Applicants: Education • New Mexico Public Education • Alabama State Department of • Rhode Island Department of Department Education Education • Ohio Department of Education • Arizona Department of Education • South Carolina Department of • Pennsylvania Department of • Arkansas Department of Education Education Education • California Department of Education • Tennessee Department of Education • South Carolina Department of • Colorado Department of Education • Texas Education Agency Education • Florida Department of Education • Washington Office of the • Tennessee Department of Education • Iowa Department of Education Superintendent of Public Instruction • Utah State Office of Education • Kentucky Department of Education • West Virginia Department of • Virginia Department of Education • Maine Department of Education Education • Wisconsin Department of Public • Maryland State Department of Education 2. Extended the period of availability Education of FY 2010 SIG funds. b. Extension granted until September • Massachusetts Department of 30, 2015. Provision waived: Tydings Elementary and Secondary Education Waiver Applicants: Amendment, section 421(b) of GEPA. • Minnesota Department of Education • California Department of Education a. Extension granted until June 1, • Montana Office of Public Instruction • District of Columbia Office of the 2013. • Nebraska Department of Education State Superintendent of Education Waiver Applicant: • New Hampshire Department of • Idaho State Department of Education Education • Idaho State Department of Education • Illinois State Board of Education • New Jersey Department of Education b. Extension granted until August 1, • Missouri Department of Elementary • New Mexico Public Education 2013. and Secondary Education Department Waiver Applicant: • New York State Department of • Oregon Department of Education • Idaho State Department of Education Education • Pennsylvania Department of c. Extension granted until September • Oklahoma State Department of Education 30, 2013. Education • Rhode Island Department of Waiver Applicants: Education 4. Extended the period of availability • South Carolina Department of • Mississippi Department of Education of FY 2012 SIG funds. Education • Virginia Department of Education Provision waived: Tydings • Tennessee Department of Education d. Extension granted until September Amendment, section 421(b) of GEPA. • Texas Education Agency 30, 2014. a. Extension granted until September • West Virginia Department of Waiver Applicants: 30, 2015. Education • Alabama State Department of Waiver Applicants: Education • Arkansas Department of Education C. Waivers extending the period of • Delaware Department of Education availability of SIG program funds • California Department of Education • Delaware Department of Education • Washington Office of the awarded under section 1003(g) of the ESEA. • Hawaii State Department of Education Superintendent of Public Instruction 1. Extended the period of availability • Idaho State Department of Education b. Extension granted until September of FY 2009 SIG funds until September • Illinois State Board of Education 30, 2016. 30, 2014. • Michigan Department of Education Waiver Applicants: Provision waived: Tydings • Minnesota Department of Education • Colorado Department of Education Amendment, section 421(b) of GEPA. • Mississippi Department of Education • District of Columbia Office of the Waiver Applicants: • Missouri Department of Elementary State Superintendent of Education • Alabama State Department of and Secondary Education • Georgia Department of Education • Oklahoma State Department of • Idaho State Department of Education Education • Arizona Department of Education Education • Illinois State Board of Education • Rhode Island Department of • Indiana Department of Education • Arkansas Department of Education • California Department of Education Education • Kansas State Department of Education • Texas Education Agency • Louisiana Department of Education • Colorado Department of Education • Florida Department of Education 3. Extended the period of availability • Maine Department of Education • Iowa Department of Education of FY 2011 SIG funds. • Massachusetts Department of • Kentucky Department of Education Provision waived: Tydings Elementary and Secondary Education asabaliauskas on DSKBBXCHB2PROD with NOTICES • Maine Department of Education Amendment, section 421(b) of GEPA. • Nebraska Department of Education • Maryland State Department of a. Extension granted until September • Nevada Department of Education Education 30, 2014. • Rhode Island Department of • Massachusetts Department of Waiver Applicants: Education Elementary and Secondary Education • Alaska Department of Education and 5. Extended the period of availability • Minnesota Department of Education Early Development of FY 2013 SIG funds. • Montana Office of Public Instruction • Arizona Department of Education Provision waived: Tydings • Nebraska Department of Education • Hawaii State Department of Education Amendment, section 421(b) of GEPA. 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Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices 46789 a. Extension granted until September Model Pilots in making accountability • Maine Department of Education 30, 2016. determinations based on assessments • Michigan Department of Education Waiver Applicant: administered through the 2013–2014 • Minnesota Department of Education • Minnesota Department of Education school year. • Mississippi Department of Education D. Waivers for the Striving Readers Provision waived: Section 1111(b)(2) • Missouri Department of Education Comprehensive Literacy Grant Program of the ESEA. • Montana Office of Public Instruction extending the period of availability until Waiver Applicants: • Nebraska Department of Education December 31, 2013 of FY 2010 funds • Delaware Department of Education • Nevada Department of Education awarded under Part E, Section 1502 of • Iowa Department of Education • New Hampshire Department of the ESEA. • Pennsylvania Department of Education: Merrimack School District Provision waived: Tydings Education • New Hampshire Department of Amendment, section 421(b) of GEPA. Education: Derry School District B. Waivers allowing substitution of • New Hampshire Department of Waiver Applicants: standards or assessments. • California Department of Education Allowed Kansas to permit McPherson Education • New Mexico Public Education • New Jersey Department of Education Unified School District, Kansas City, • New Mexico Public Education Department • South Carolina Department of Kansas Public Schools and the Clifton- Department Education Clyde Unified School District to: (i) • New York State Department of • Tennessee Department of Education Administer the ACT in high school and Education the EXPLORE in grade 8 in lieu of the • North Dakota Department of Public E. Waivers for the 21st CCLC program Kansas State assessments; and (ii) use Instruction extending the period of availability of the results of those assessments for • Ohio Department of Education FY 2010 funds until September 30, accountability purposes. • Oklahoma State Department of 2013. Provision waived: Tydings Provisions waived: Section Education Amendment, section 421(b) of GEPA. 1111(b)(1)(B), (b)(3)(A), and (b)(3)(C)(i)– • Rhode Island Department of Waiver Applicant: (ii) of the ESEA. Education Waiver Applicant: • • Kansas State Department of Education South Carolina Department of • Kansas State Department of Education Education IV. Waivers Allowing SEAs To Approve C. Waiver permitting the use of AMOs • South Dakota Department of Schools or LEAs Identified as in Need to make AYP determinations based on Education of Improvement To Become SES assessments administered the previous • Tennessee Department of Education Providers year. • Utah State Office of Education The Department permitted SEAs to Provision waived: Section • Virginia Department of Education approve a school or LEA identified for 1111(b)(2)(H) of the ESEA. • Washington Office of the improvement, corrective action, or Waiver Applicant: Superintendent of Public Instruction restructuring to serve as a provider of • Wyoming Department of Education • West Virginia Department of SES. Education Provisions waived: 34 CFR VII. Waivers Authorizing an SEA To • Wisconsin Department of Public 200.47(b)(1)(iv)(A) and (B). Waive the Carryover Limitation for an Education Waiver Applicants: LEA Because of Its Receipt of Title I, • Wyoming Department of Education • California Department of Education Part A ARRA Funds (during the 2014–15 and 2015–16 VIII. Waivers Regarding Public School Waiver to permit an SEA to waive the Choice school years) carryover limitation more than once • Montana Office of Public Instruction within three years for an LEA that needs The Department granted an SEA a (during the 2013–14 school year) the additional waiver because of its waiver to postpone notice of public V. Waivers of School Eligibility receipt of Title I, Part A ARRA funds. school choice options beyond 14 days Requirements and Definition of Provision waived: Section 1127(b) of before the start of the school year to Persistently Lowest-Achieving Schools the ESEA. parents of eligible children attending Waiver Applicants: schools that— The Department allowed SEAs to: (A) A. Were newly identified for Waive the school eligibility • Alabama State Department of Education improvement for the school year; or requirements by replacing the list of B. Made AYP in the previous year, but Tier I, Tier II, and Tier III schools with • Alaska Department of Education and Early Development did not exit improvement status. their list of priority schools; and (B) Provisions waived: Section replace the definition of ‘‘persistently • Arizona Department of Education • Arkansas Department of Education 1116(b)(1)(E)(i) of the ESEA and 34 CFR lowest-achieving schools’’ with the 200.37(b)(4)(iv). State’s definition of ‘‘priority schools.’’ • California Department of Education • District of Columbia Office of State Waiver Applicant: Provisions waived: Sections I.A.1 and I.A.3 of the SIG final requirements (75 Superintendent of Education • Wyoming Department of Education FR 66363). • Florida Department of Education Accessible Format: Individuals with • Georgia Department of Education asabaliauskas on DSKBBXCHB2PROD with NOTICES Waiver Applicants: disabilities can obtain this document in • Idaho State Department of Education • Hawaii State Department of Education an accessible format (e.g., braille, large • New Jersey Department of Education • Idaho State Department of Education print, audiotape, or compact disc) on • Illinois State Board of Education request to the program contact person VI. Waivers of Academic Standards, (applies to FY 2011 and 2012) listed under FOR FURTHER INFORMATION Assessments, and Accountability • Indiana Department of Education CONTACT. Requirements • Iowa Department of Education Electronic Access to This Document: A. Two-year extension of waiver • Kentucky Department of Education The official version of this document is permitting SEAs to use their Growth • Louisiana Department of Education the document published in the Federal VerDate Sep<11>2014 18:40 Oct 05, 2017 Jkt 244001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\06OCN1.SGM 06OCN1

46790 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices Register. Free internet access to the FOR FURTHER INFORMATION CONTACT: Kia 3. Granted waivers to 33 States under official edition of the Federal Register Weems, U.S. Department of Education, the Flexibility Regarding Within-District and the Code of Federal Regulations is 400 Maryland Avenue SW., Room Title I Allocations; available via the Federal Digital System 3W341, Washington, DC 20202. (b) 73 waivers extending the period at: www.gpo.gov/fdsys. At this site you Telephone: (202) 260–2221 or by email: during which funds were available for can view this document, as well as other Kia.Weems@ed.gov. obligation: 11 waivers extending the documents of this Department If you use a telecommunications period for ESEA State-administered published in the Federal Register, in device for the deaf (TDD) or a text formula grant programs that received text or Portable Document Format telephone (TTY), call the Federal Relay fiscal year (FY) 2009 funds under the (PDF). To use PDF you must have Service (FRS), toll free, at 1–800–877– regular appropriation; 14 waivers Adobe Acrobat Reader, which is 8339. extending the period for ESEA State- available free at the site. SUPPLEMENTARY INFORMATION: In 2012, administered formula grant programs You may also access documents of the that received FY 2009 funds under the the Department granted waivers through Department published in the Federal American Recovery and Reinvestment an initiative known as ESEA flexibility Register by using the article search Act (ARRA); one waiver under the to 35 States from ten specific provisions feature at: www.federalregister.gov. Enhancing Education Through of the ESEA in exchange for a rigorous Specifically, through the advanced Technology (Ed-Tech) Program; one and comprehensive State-developed search feature at this site, you can limit waiver under the Migrant Education plan designed to improve educational your search to documents published by Consortium Incentive Grant Program; outcomes for all students, close the Department. two waivers under the Consolidated achievement gaps, increase equity, and Dated: October 3, 2017. improve the quality of instruction.1 In Grant funds for Insular Areas; 38 Jason Botel, addition to waiving the ten provisions, waivers for school improvement Acting Assistant Secretary for Elementary and the Department granted three optional activities for certain fiscal years’ funds; Secondary Education. waivers under ESEA flexibility. The and six waivers extending the period for [FR Doc. 2017–21621 Filed 10–5–17; 8:45 am] Department also granted 134 individual the Striving Readers Comprehensive BILLING CODE 4000–01–P waivers under the waiver authority in Literacy Formula Grant Program funds; section 9401 of the ESEA. (c) 21 waivers relating to school We granted: improvement requirements: Three DEPARTMENT OF EDUCATION (a) ESEA flexibility: The Department waivers pertaining to school eligibility granted the following ten waivers to 35 requirements and the definition of Notice of Waivers Granted Under SEAs under ESEA flexibility: persistently lowest-achieving schools; Section 9401 of the Elementary and 1. Flexibility Regarding the 2013– and 18 waivers granting additional time Secondary Education Act of 1965, as 2014 Timeline for Determining to meet the teacher and principal Amended by the No Child Left Behind Adequate Yearly Progress (AYP); evaluation requirement (11 for cohort 1 Act of 2001 2. Flexibility in Implementation of schools and seven for cohort 2 schools); AGENCY: Office of Elementary and School Improvement Requirements; (d) 11 waivers of requirements related Secondary Education, Department of 3. Flexibility in Implementation of to State academic standards or Education. Local Educational Agency (LEA) assessments: Three waivers allowing Improvement Requirements; substitution of standards or ACTION: Notice. 4. Flexibility for Rural LEAs; assessments; and eight waivers SUMMARY: In this notice, we announce 5. Flexibility for Schoolwide permitting use of annual measurable the waivers that the U.S. Department of Programs; objectives (AMOs) to make AYP Education (Department) granted during 6. Flexibility to Support School determinations based on assessments calendar year 2012 under the waiver Improvement; administered in the previous school authority of the Elementary and 7. Flexibility for Reward Schools; year; Secondary Education Act of 1965, as 8. Flexibility Regarding Highly (e) One waiver of the five percent cap amended by the No Child Left Behind Qualified Teacher (HQT) Improvement on Title I funds an LEA may reserve to Act of 2001 (ESEA), including waivers Plans; provide financial incentives and related to flexibility granted to States in 9. Flexibility to Transfer Certain rewards to teachers in schools identified exchange for State-led reforms (ESEA Funds; and for improvement, corrective action, or flexibility). 10. Flexibility to Use School restructuring; The ESEA requires that the Improvement Grant (SIG) Funds to (f) Two schoolwide poverty threshold Department publish in the Federal Support Priority Schools. waivers permitting specific schools with Register, and disseminate to interested In addition to waiving the ten less than 40 percent poverty the parties, a notice of its decision to grant provisions listed above, the Department flexibility to operate a schoolwide a waiver of statutory or regulatory granted three optional waivers under program; requirements under the ESEA. Between ESEA flexibility related to the following: (g) Four waivers of the requirement to 2011 and 2016, the Department granted 1. Granted waivers to 23 States under provide parents notice of public school more than 800 waivers of statutory or the Flexibility in the Use of Twenty- choice options at least 14 days before the start of the school year; asabaliauskas on DSKBBXCHB2PROD with NOTICES regulatory requirements to State First Century Community Learning educational agencies (SEAs) but Centers (21st CCLC) Program Funds; (h) Two new waivers and one neglected to comply with the ESEA’s 2. Granted waivers to 33 States under continuation allowing LEAs both to publication and dissemination the Flexibility Regarding Making AYP provide SES to eligible students requirements. This notice is intended to Determinations; and attending schools in the first year of fulfill the Department’s obligation to improvement that received funding publicize its waiver decisions by 1 Additional information regarding ESEA under Title I, Part A and to count the identifying the waivers granted during flexibility can be found at: http://www2.ed.gov/ costs of doing so toward meeting the 2012. policy/elsec/guid/esea-flexibility/index.html. LEAs’ ‘‘20 percent obligation’’; VerDate Sep<11>2014 18:40 Oct 05, 2017 Jkt 244001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\06OCN1.SGM 06OCN1


Document Created: 2017-10-06 00:09:01
Document Modified: 2017-10-06 00:09:01
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 46783 
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