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 Range
46783-46790
FR Document
2017-21621
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)