82_FR_46983
82 FR 46790 - Notice of Waivers Granted Under Section 9401 of the Elementary and Secondary Education Act of 1965, as Amended by the No Child Left Behind Act of 2001
82 FR 46790 - Notice of Waivers Granted Under Section 9401 of the Elementary and Secondary Education Act of 1965, as Amended by the No Child Left Behind Act of 2001
DEPARTMENT OF EDUCATION
Federal Register Volume 82, Issue 193 (October 6, 2017)
Page Range
46790-46796
FR Document
2017-21623
In this notice, we announce the waivers that the U.S. Department of Education (Department) granted during calendar year 2012 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 flexibility 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 2012.
Federal Register, Volume 82 Issue 193 (Friday, October 6, 2017)
[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Notices]
[Pages 46790-46796]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-21623]
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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 by the No Child Left
Behind Act of 2001
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 2012
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 flexibility 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 2012.
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 2012, the Department granted waivers
through an initiative known as ESEA flexibility to 35 States from ten
specific provisions of the ESEA in exchange for a rigorous and
comprehensive State-developed plan designed to improve educational
outcomes for all students, close achievement gaps, increase equity, and
improve the quality of instruction.\1\ In addition to waiving the ten
provisions, the Department granted three optional waivers under ESEA
flexibility. The Department also granted 134 individual waivers 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 35 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. Granted waivers to 23 States under the Flexibility in the Use of
Twenty-First Century Community Learning Centers (21st CCLC) Program
Funds;
2. Granted waivers to 33 States under the Flexibility Regarding
Making AYP Determinations; and
3. Granted waivers to 33 States under the Flexibility Regarding
Within-District Title I Allocations;
(b) 73 waivers extending the period during which funds were
available for obligation: 11 waivers extending the period for ESEA
State-administered formula grant programs that received fiscal year
(FY) 2009 funds under the regular appropriation; 14 waivers extending
the period for ESEA State-administered formula grant programs that
received FY 2009 funds under the American Recovery and Reinvestment Act
(ARRA); one waiver under the Enhancing Education Through Technology
(Ed-Tech) Program; one waiver under the Migrant Education Consortium
Incentive Grant Program; two waivers under the Consolidated Grant funds
for Insular Areas; 38 waivers for school improvement activities for
certain fiscal years' funds; and six waivers extending the period for
the Striving Readers Comprehensive Literacy Formula Grant Program
funds;
(c) 21 waivers relating to school improvement requirements: Three
waivers pertaining to school eligibility requirements and the
definition of persistently lowest-achieving schools; and 18 waivers
granting additional time to meet the teacher and principal evaluation
requirement (11 for cohort 1 schools and seven for cohort 2 schools);
(d) 11 waivers of requirements related to State academic standards
or assessments: Three waivers allowing substitution of standards or
assessments; and eight waivers permitting use of annual measurable
objectives (AMOs) to make AYP determinations based on assessments
administered in the previous school year;
(e) One waiver of the five percent cap on Title I funds an LEA may
reserve to provide financial incentives and rewards to teachers in
schools identified for improvement, corrective action, or
restructuring;
(f) Two schoolwide poverty threshold waivers permitting specific
schools with less than 40 percent poverty the flexibility to operate a
schoolwide program;
(g) Four waivers of the requirement to provide parents notice of
public school choice options at least 14 days before the start of the
school year;
(h) Two new waivers and one continuation allowing LEAs both to
provide SES to eligible students attending schools in the first year of
improvement that received funding under Title I, Part A and to count
the costs of doing so toward meeting the LEAs' ``20 percent
obligation'';
[[Page 46791]]
(i) Six waivers allowing SEAs or LEAs to approve LEAs or schools,
respectively, identified as in need of improvement to become SES
providers;
(j) Eight waivers allowing SEAs to waive the carryover limitation
more than once every three years for their Title I, Part A allocation
received under ARRA;
(k) One waiver of the third of three annual measureable achievement
objectives (AMAO 3) under Title III allowing the State to use the same
targets used to determine AYP for Title I in place of the State's AMAO
3; and
(l) Four waivers related to rural programs: Two waivers allowing
SEAs to provide equitable services for private school students and
teachers under the Rural and Low-Income School Program (RLIS) and two
waivers allowing SEAs to meet the academic achievement assessment
requirement in an alternative manner under RLIS.
Waiver Data
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.
B. Flexibility in Implementation of School Improvement Requirements
The Department waived the requirements in section 1116(b) of the
ESEA for an LEA to identify for improvement, corrective action, or
restructuring, as appropriate, a Title I school that failed, for two
consecutive years or more, to make AYP, and for a school so identified
and its LEA to take certain improvement actions. Under this waiver, an
LEA was no longer required to identify respective Title I schools for
improvement, corrective action, or restructuring, and neither the LEA
nor its schools were required to take statutorily required improvement
actions, including providing public school choice and supplemental
educational services (SES) to eligible students. An LEA was also exempt
from administrative and reporting requirements related to school
improvement.
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.
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.
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.
F. Flexibility To Support School Improvement
The Department waived the requirement in section 1003(a) of the
ESEA for an SEA to distribute funds reserved under that section only to
LEAs with schools identified for improvement, corrective action, or
restructuring. Under this waiver, an SEA had flexibility to allocate
ESEA section 1003(a) funds to an LEA in order to serve any priority or
focus school, if the SEA determined such school was most in need of
additional support.
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, 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.
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.
I. Flexibility To Transfer Certain Funds
The Department waived the limitations in section 6123 of the ESEA
that limited the amount of funds an SEA or LEA may transfer from
certain ESEA programs to other ESEA programs. Under this waiver, an SEA
and its LEAs had flexibility to transfer up to 100 percent of the funds
received under the authorized programs among those programs and into
Title I, Part A. Moreover, to minimize burden at the State and local
levels, the SEA was not required to notify the Department, and its
participating LEAs were not required to notify the SEA, prior to
transferring funds.
J. Flexibility To Use SIG Funds To Support Priority Schools
The Department waived the requirements in section 1003(g)(4) of the
ESEA and the definition of a Tier I
[[Page 46792]]
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.
The 35 applicants listed below were granted waivers under ESEA
flexibility:
Arizona Department of Education
Arkansas Department of Education
Colorado Department of Education
Connecticut State Department of Education
Delaware Department of Education
District of Columbia Office of the State Superintendent of
Education
Florida Department of Education
Georgia Department of Education
Idaho State Department of Education
Indiana Department of Education
Kansas State Department of Education
Kentucky Department of Education
Louisiana Department of Education
Maryland State Department of Education
Massachusetts Department of Elementary and Secondary Education
Michigan Department of Education
Minnesota Department of Education
Mississippi Department of Education
Missouri Department of Elementary and Secondary Education
Nevada Department of Education
New Jersey Department of Education
New Mexico Public Education Department
New York State Education Department
North Carolina Department of Public Instruction
Ohio Department of Education
Oklahoma State Department of Education
Oregon Department of Education
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
Wisconsin Department of Public Instruction
K. Waivers Regarding 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.
23 Waiver applicants:
Colorado Department of Education
Connecticut State Department of Education
Delaware Department of Education
Florida Department of Education
Idaho State Department of Education
Indiana Department of Education
Kansas State Department of Education
Kentucky Department of Education
Louisiana Department of Education
Maryland State Department of Education
Massachusetts Department of Elementary and Secondary Education
Mississippi Department of Education
Missouri Department of Elementary and Secondary Education
New Jersey Department of Education
New York State Education Department
North Carolina Department of Public Instruction
Ohio Department of Education
Oklahoma State Department of Education
Oregon Department of Education
Tennessee Department of Education
Utah State Office of Education
Virginia Department of Education
Washington Office of the Superintendent of Public Instruction
L. Waivers Granting 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. Under this
waiver, an SEA and its LEAs were no longer required to make AYP
determinations for LEAs and schools, 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.
33 Waiver applicants:
Arizona Department of Education
Arkansas Department of Education
Colorado Department of Education
Connecticut State Department of Education
District of Columbia Office of the State Superintendent of
Education
Florida Department of Education
Georgia Department of Education
Idaho State Department of Education
Indiana Department of Education
Kansas State Department of Education
Kentucky Department of Education
Louisiana Department of Education
Maryland State Department of Education
Massachusetts Department of Elementary and Secondary Education
Michigan Department of Education
Mississippi Department of Education
Missouri Department of Elementary and Secondary Education
Nevada Department of Education
New Jersey Department of Education
New Mexico Public Education Department
New York State Education Department
North Carolina Department of Public Instruction
Ohio Department of Education
Oklahoma State Department of Education
Oregon Department of Education
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
Wisconsin Department of Public Instruction
M. Waivers Granting 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.
33 Waiver applicants:
Arizona Department of Education
Arkansas Department of Education
Colorado Department of Education
Connecticut State Department of Education
Delaware Department of Education
District of Columbia Office of the State Superintendent of
Education
Florida Department of Education
Georgia Department of Education
[[Page 46793]]
Idaho State Department of Education
Indiana Department of Education
Kansas State Department of Education
Kentucky Department of Education
Louisiana Department of Education
Maryland State Department of Education
Massachusetts Department of Elementary and Secondary Education
Mississippi Department of Education
Missouri Department of Elementary and Secondary Education
Nevada Department of Education
New Jersey Department of Education
New Mexico Public Education Department
New York State Education Department
North Carolina Department of Public Instruction
Ohio Department of Education
Oklahoma State Department of Education
Oregon Department of Education
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
Wisconsin Department of Public Instruction
II. Extensions of the Obligation Period
A. Waivers Granted for ESEA State-Administered Formula Grant Programs
That Received FY 2009 Funds Under the Department's Regular
Appropriation Act
Extended until September 30, 2012, the period of availability of
funds under certain grant programs.
Provision waived: Section 421(b) of the General Education
Provisions Act (GEPA).
11 Waiver applicants and affected programs:
Delaware Department of Education, Title I, Part A (Grants to
LEAs), Title I, Part B, Subpart 3 (Even Start), Title II, Part A
(Improving Teacher Quality State Grants), Title II, Part B, Sections
2201-2203 (Math Science Partnerships), Title II, Part D (Ed-Tech),
Title III, Part A (English Language State Grants), Title IV, Part A
(Safe and Drug Free Schools and Community Grants), Title IV, Part B
(21st Century Community Learning Centers), and Title VI, Part A,
Subpart I, Section 6111 (State Assessment Grants)
Georgia Department of Education, Title II, Part B, Sections
2201-2203 (Math Science Partnerships), Title II, Part D (Ed-Tech), and
Title IV, Part A (Safe and Drug Free Schools and Community Grants)
Guam Department of Education, Title I, Part A, Subpart 2,
Section 1121(b)-(c) (Grants to the Outlying Areas)
Idaho State Department of Education, Title IV, Part A (Safe
and Drug Free Schools and Community Grants)
Illinois State Board of Education, Title I, Part A (Grants to
LEAs), Title II, Part A (Improving Teacher Quality State Grants), Title
II, Part B, Sections 2201-2203 (Math Science Partnerships), Title II,
Part D (Ed-Tech), Title IV, Part A (Safe and Drug Free Schools and
Community Grants), and Title IV, Part B (21st Century Community
Learning Centers)
Massachusetts Department of Elementary and Secondary
Education, Title I, Part A (Grants to LEAs), Title I, Part B, Subpart 3
(Even Start), Title I, Part D (Neglected and Delinquent Program), Title
II, Part A (Improving Teacher Quality State Grants), Title II, Part B,
Sections 2201-2203 (Math Science Partnerships), Title II, Part D (Ed-
Tech), Title III, Part A (English Language State Grants), Title IV,
Part A (Safe and Drug Free Schools and Community Grants), Title IV,
Part B (21st Century Community Learning Centers), and Title VI, Part A,
Subpart I, Section 6111 (State Assessment Grants)
New York State Education Department, Title I, Part A (Grants
to LEAs), Title II, Part A (Improving Teacher Quality State Grants),
Title II, Part D (Ed-Tech), Title III, Part A (English Language State
Grants), and Title IV, Part A (Safe and Drug Free Schools and Community
Grants)
North Carolina Department of Public Instruction, Title II,
Part D (Ed-Tech)
Ohio Department of Education, Title I, Part B, Subpart 3 (Even
Start), Title I, Part C (Migrant Education State Grants), Title I, Part
D (State Agency Neglected and Delinquent Program), Title II, Part B,
Sections 2201-2203 (Math Science Partnerships), Title II, Part D (Ed-
Tech), and Title IV, Part A (Safe and Drug Free Schools and Community
Grants)
Virgin Islands Department of Education, Title I, Part A,
Subpart 2, Section 1121(b)-(c) (Grants to the Outlying Areas)
West Virginia Department of Education, Title I, Part A (Grants
to LEAs), Title I, Part B, Subpart 3 (Even Start), Title I, Part C
(Migrant Education State Grants), Title II, Part A (Improving Teacher
Quality State Grants), Title II, Part B, Sections 2201-2203 (Math
Science Partnerships), Title II, Part D (Ed-Tech), Title III, Part A
(English Language State Grants), and Title IV, Part A (Safe and Drug
Free Schools and Community Grants)
B. Waivers Granted for ESEA State-Administered Formula Grant Programs
That Received FY 2009 Funds Under the ARRA
Extended until September 30, 2012, the period of availability of
funds under certain grant programs.
Provision waived: Section 421(b) of GEPA.
14 Waiver applicants and affected programs:
American Samoa Department of Education, Title I, Part A,
Subpart 2, Section 1121(b)-(c) (Grants to the Outlying Areas)
Arizona Department of Education, Title II, Part D (Ed-Tech)
Bureau of Indian Education, Title I, Part A (Grants to LEAs),
and Title II, Part D (Ed-Tech)
Delaware Department of Education, Title I, Part A (Grants to
LEAs), and Title II, Part D (Ed-Tech)
Georgia Department of Education, Title I, Part A (Grants to
LEAs), and Title II, Part D (Ed-Tech)
Guam Department of Education, Title I, Part A, Subpart 2,
Section 1121(b)-(c) (Grants to the Outlying Areas)
Idaho State Department of Education, Title I, Part A (Grants
to LEAs)
Illinois State Board of Education, Title I, Part A (Grants to
LEAs), and Title II, Part D (Ed-Tech)
Massachusetts Department of Elementary and Secondary
Education, Title I, Part A (Grants to LEAs), and Title II, Part D (Ed-
Tech)
New York State Education Department, Title I, Part A (Grants
to LEAs), and Title II, Part D (Ed-Tech)
North Carolina Department of Public Instruction, Title II,
Part D (Ed-Tech)
Ohio Department of Education, Title I, Part A (Grants to
LEAs), and Title II, Part D (Ed-Tech)
Virgin Islands Department of Education, Title I, Part A,
Subpart 2, Section 1121(b)-(c) (Grants to the Outlying Areas)
West Virginia Department of Education, Title I, Part A (Grants
to LEAs), and Title II, Part D (Ed-Tech)
C. Waivers for the Enhancing Education Through Technology Program
Extended until September 30, 2013, the period of availability of FY
2010 (non-ARRA) funds awarded under the Title II, Part D (Ed-Tech)
grant program.
Provision waived: Section 421(b) of GEPA.
One Waiver applicant:
[[Page 46794]]
Idaho State Department of Education
D. Waivers for the Migrant Education Consortium Incentive Grant Program
Extended until September 30, 2012, the period of availability of FY
2009 funds awarded under the Title I, Part C (Migrant Education
Consortium Incentive Grant) grant program.
Provision waived: Section 421(b) of GEPA.
One Waiver applicant:
North Carolina Department of Public Instruction
E. Waivers of Consolidated Grant Funds for Insular Areas
Extended until September 30, 2014, the period of availability of FY
2012 funds awarded under Title I, Part A, Subpart 2, Section 1121(b)
and (c) (Grants to the Outlying Areas)
Provision waived: Section 421(b) of GEPA.
Two Waiver applicants:
Commonwealth of the Northern Mariana Islands Public School
System
Virgin Islands Department of Education
F. Waivers of the School Improvement Requirements for Certain Fiscal
Years' Funds
Extended the period of availability of FY 2009 SIG funds awarded
under section 1003(g) of the ESEA.
Provision waived: Section 421(b) of GEPA.
One Waiver applicant:
Delaware Department of Education
Extended the period of availability of FY 2010 SIG funds awarded
under section 1003(g) of the ESEA.
Provision waived: Section 421(b) of GEPA.
24 Waiver applicants:
Arizona Department of Education
Arkansas Department of Education
Colorado Department of Education
Delaware Department of Education
Idaho State Department of Education
Illinois State Board of Education
Indiana Department of Education
Kansas State Department of Education
Kentucky Department of Education
Louisiana Department of Education
Maryland State Department of Education
Massachusetts Department of Elementary and Secondary Education
Michigan Department of Education
Minnesota Department of Education
Nevada Department of Education
New Jersey Department of Education
New York State Education Department
Ohio Department of Education
Oklahoma State Department of Education
Oregon Department of Education
Puerto Rico Department of Education
South Carolina Department of Education
Tennessee Department of Education
Wyoming Department of Education
Extended the period of availability of FY 2011 SIG funds awarded
under section 1003(g) of the ESEA.
Provision waived: Section 421(b) of GEPA.
13 Waiver applicants:
Alabama Department of Education
Arkansas Department of Education
California Department of Education
Colorado Department of Education
Delaware Department of Education
Illinois State Board of Education
Indiana Department of Education
Louisiana Department of Education
Massachusetts Department of Elementary and Secondary Education
Missouri Department of Elementary and Secondary Education
Nebraska Department of Education
Nevada Department of Education
Rhode Island Department of Education
G. Waivers for the Striving Readers Comprehensive Literacy Formula
Grant Program
Extended the period of availability of FY 2010 funds awarded under
Title I, Part E, Section 1502 of the ESEA.
Provision waived: Section 421(b) of GEPA.
Six Waiver applicants:
Idaho State Department of Education
Louisiana Department of Education
Maine Department of Education
Missouri Department of Elementary and Secondary Education
Nebraska Department of Education
Wisconsin Department of Public Instruction
III. Waivers of SIG Requirements
A. Waivers of School Eligibility Requirements and Definition of
Persistently Lowest-Achieving Schools
Waived the school eligibility requirements to enable a State to
replace its list of Tier I, Tier II, and Tier III schools with its list
of priority schools and to replace the definition of ``persistently
lowest-achieving schools'' with the State's definition of ``priority
schools.''
Provisions waived: Sections I.A.1 and I.A.3 of the SIG final
requirements (75 FR 66363).
Three Waiver applicants:
Minnesota Department of Education
Oklahoma State Department of Education
Tennessee Department of Education
B. Waivers Granting Additional Time To Meet Teacher and Principal
Evaluation Requirements (Cohorts 1 and 2 Schools)
Allowed SEAs to permit an LEA that was implementing during the
2010-2011 school year a transformation model with SIG funds, which
required development and implementation of high-quality evaluation
systems, to have additional time to meet the teacher and principal
evaluation requirements in schools that were not able to do so that
year.
Provision waived: Section I.A.2(d)(1)(i)(B) of the SIG final
requirements (75 FR 66363).
18 Waiver applicants:
a. Cohort 1 Schools:
Alabama Department of Education
California Department of Education
Hawaii State Department of Education
Illinois State Board of Education
Mississippi Department of Education
Missouri Department of Elementary and Secondary Education
New Jersey Department of Education
Pennsylvania Department of Education
Puerto Rico Department of Education
Texas Education Agency
Vermont Agency of Education
b. Cohort 2 Schools:
Illinois State Board of Education
Mississippi Department of Education
Missouri Department of Elementary and Secondary Education
New Jersey Department of Education
Pennsylvania Department of Education
Puerto Rico Department of Education
Texas Education Agency
IV. Waivers of Related to State Academic Standards and Assessments
A. Waivers Regarding Standards and Assessments
Allowed the Kansas State Department of Education to permit
McPherson Unified School District (MUSD), Kansas City, Kansas Public
Schools (KCKPS), and the Clifton-Clyde Unified School District
(Clifton-Clyde) to--
(1) Administer the ACT in grade 12 and the EXPLORE in grade 8 in
lieu of the Kansas State assessments; and
(2) Use the results of those assessments for accountability
purposes.
Provisions waived: Section 1111(b)(1)(B), (b)(3)(A), (b)(3)(C)(i),
and (b)(3)(C)(ii) of the ESEA, and 34 CFR 200.1(a)(1) and 200.2(b)(1)
and (b)(3)(i).
One Waiver applicant:
Kansas State Department of Education
Allowed Kansas to--
(1) Administer only the Algebra I end-of-course (EOC) assessment to
any middle school student who took that
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course and to use those results in middle school accountability
determinations rather than results from the 7th or 8th grade general
mathematics assessment;
(2) Administer the Geometry EOC assessment to any 8th grade student
who took Algebra I in 7th grade and Geometry in 8th grade and to use
the results of that assessment in middle school accountability
determinations; and
(3) Assess students who took Algebra I or Geometry in middle school
with the Algebra II EOC assessment in high school and use those results
for high school accountability purposes.
Provisions waived: Section 1111(b)(1)(B) and (b)(3)(C)(i) of the
ESEA, and 34 CFR 200.1(a)(1).
One Waiver applicant:
Tennessee Department of Education
Allowed Tennessee to--
(1) Use, with respect to a student who was not yet enrolled in high
school but who took Algebra I or English II and the corresponding EOC
assessment, the student's score on that assessment for accountability
purposes for the grade in which the student was enrolled; and
(2) Use EOC assessments for Algebra II and English III for high
school accountability purposes for those students who take Algebra I or
English II, respectively, prior to entering high school.
Provisions waived: Section 1111(b)(1)(B) and (b)(3)(C)(i) of the
ESEA.
B. Waivers Permitting the Use of AMOs To Make AYP Determinations Based
on Assessments Administered the Previous Year
Permitted SEAs to use the same AMOs to make AYP determinations
based on assessments administered in the 2011-2012 school year that
were used to make such determinations based on assessments administered
in the 2010-2011 school year.
Provision waived: Section 1111(b)(2)(H) of the ESEA.
Eight Waiver applicants:
Alabama Department of Education
Alaska Department of Education and Early Development
Idaho State Department of Education
Illinois State Board of Education
Iowa Department of Education
Kansas State Department of Education
Maine Department of Education
West Virginia Department of Education
V. Waiver of the Five Percent Cap on Title I Funds an LEA May Reserve
To Provide Financial Incentives and Rewards to Teachers in Schools
Identified for Improvement, Corrective Action, or Restructuring
Permitted the Hillsborough County Public Schools (Florida) to
reserve up to 6.6 percent of its FY 2012 Title I allocation for rewards
and incentives in the 43 schools identified by the LEA.
Provision waived: Section 1113(c)(4) of the ESEA.
One Waiver applicant:
Hillsborough County Public Schools (Florida)
VI. Schoolwide Poverty Threshold Waivers Allowing Flexibility for
Schoolwide Programs in Title I Schools
Permitted Dunn School and Memorial School in Maine's Regional
School Unit/Maine School Administrative District #15 (MSAD #15) to
become Title I, Part A schoolwide program schools with percentages of
low-income students of less than 40 percent.
Provision waived: Section 1114(a)(1) of the ESEA.
One Waiver applicant:
MSAD #15
Permitted Piedmont Valley Elementary (Piedmont) in South Dakota to
be eligible to operate a schoolwide program with less than 40 percent
of students being from low-income families.
Provision waived: Section 1114(a)(1) of the ESEA.
One Waiver applicant:
Meade School District 46-1
VII. Waivers Regarding Public School Choice Notice
Allowed SEAs to provide notice of public school choice options less
than 14 days before the start of the school year to parents of eligible
children attending schools that were newly identified for improvement
for the 2011-2012 school year or made AYP in the previous year, but did
not exit improvement status.
Provisions waived: Section 1116(b)(1)(E)(i) of the ESEA and 34 CFR
200.37(b)(4)(iv).
Four Waiver applicants:
Minnesota Department of Education
Nebraska Department of Education
Oklahoma State Department of Education
Wyoming Department of Education
VIII. Waivers Allowing LEAs To Provide SES, in Addition to Public
School Choice, to Eligible Students in Title I Schools in the First
Year of School Improvement and To Count the Costs of Both Toward
Meeting the LEAs' ``20 Percent Obligation''
New Applicants:
1. Waiver applicant: Wyoming Department of Education
Provisions waived: Section 1116(b)(10) of the ESEA and 34
CFR 200.48.
Description of waiver: For the 2010-2011 and 2011-2012
school year, permitted an LEA in Wyoming to offer SES, in addition to
public school choice, to eligible students in a Title I school in the
first year of school improvement and to count the costs of providing
SES to these students toward meeting the LEA's ``20 percent
obligation.''
Continuation Applicant:
1. Waiver applicant: Alabama Department of Education
Provisions waived: Section 1116(b)(10) of the ESEA and 34
CFR 200.48.
Description of waiver: For the 2012-2013 school year,
permitted LEAs in Alabama to offer SES, in addition to public school
choice, to eligible students in Title I schools in the first year of
improvement and to count the costs of providing SES to these students
toward meeting the LEA's ``20 percent obligation.''
IX. Waivers Allowing SEAs or LEAs To Approve Schools or LEAs in Need of
Improvement To Become SES Providers
1. Waiver applicant: California Department of Education
Provisions waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
Description of waiver: Permitted California to approve a
school or LEA identified for improvement, corrective action, or
restructuring to serve as a provider of SES during the 2012-2013 and
2013-2014 school year.
2. Waiver applicant: Montana Office of Public Instruction
Provisions waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
Description of waiver: Permitted Montana to approve a
school or LEA identified for improvement, corrective action, or
restructuring to serve as a provider of SES during the 2012-2013 school
year.
3. Waiver applicant: Nebraska Department of Education
Provisions waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
Description of waiver: Permitted Nebraska to approve a
school or LEA
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identified for improvement, corrective action, or restructuring to
serve as a provider of SES during the 2011-2012 school year.
4. Waiver applicant: Wyoming Department of Education
Provisions waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
Description of waiver: Permitted Wyoming to approve a
school or LEA identified for improvement, corrective action, or
restructuring to serve as a provider of SES for the 2010-2011 and 2011-
2012 school years.
X. 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.
Eight Waiver applicants:
Maine Department of Education
Michigan Department of Education
Montana Office of Public Instruction
Nebraska Department of Education