82_FR_46989 82 FR 46796 - Notice of Waivers Granted Under Section 8401 of the Elementary and Secondary Education Act of 1965, as Amended by the Every Student Succeeds Act

82 FR 46796 - Notice of Waivers Granted Under Section 8401 of the Elementary and Secondary Education Act of 1965, as Amended by the Every Student Succeeds Act

DEPARTMENT OF EDUCATION

Federal Register Volume 82, Issue 193 (October 6, 2017)

Page Range46796-46799
FR Document2017-21616

In this notice, we announce the waivers that the U.S. Department of Education (Department) granted during calendar year 2016 under the waiver authority in section 8401 of the Elementary and Secondary Education Act of 1965, as amended by the Every Student Succeeds Act.\1\ ---------------------------------------------------------------------------

Federal Register, Volume 82 Issue 193 (Friday, October 6, 2017)
[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Notices]
[Pages 46796-46799]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21616]


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DEPARTMENT OF EDUCATION


Notice of Waivers Granted Under Section 8401 of the Elementary 
and Secondary Education Act of 1965, as Amended by the Every Student 
Succeeds Act

AGENCY: Office of Elementary and Secondary Education, Department of 
Education.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In this notice, we announce the waivers that the U.S. 
Department of Education (Department) granted during calendar year 2016 
under the waiver authority in section 8401 of the Elementary and 
Secondary Education Act of 1965, as amended by the Every Student 
Succeeds Act.\1\
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    \1\ On December 10, 2015, the Every Student Succeeds Act (ESSA), 
which reauthorized the Elementary and Secondary Education Act of 
1965 (ESEA), was signed into law. The ESEA waiver provisions in 
section 8401 of the ESEA, as amended by the ESSA, went into effect 
on that date. However, the Department awarded and administered FY 
2016 formula grant funds in accordance with the ESEA as in effect on 
the day before the date of enactment of the ESSA (i.e., the 
requirements promulgated under the No Child Left Behind Act of 2001 
(NCLB)) consistent with clarification from Congress in the 
Consolidated Appropriations Act, 2016. Accordingly, unless otherwise 
noted, all references to the ESEA in this notice refer to the ESEA, 
as amended by NCLB.
---------------------------------------------------------------------------

    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 each calendar year.

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 2016, the Department granted a total of 
111 waivers to States under the waiver authority in section 8401 of the 
ESEA, as amended by the ESSA. We granted:
    (a) 73 waivers extending the period in which funds were available 
for obligation: 66 waivers for school improvement activities, one 
waiver for Improving Teacher Quality, one waiver for Migrant Education, 
three waivers for 21st Century Community Learning Centers (21st CCLC), 
and two waivers for Mathematics and Science Partnerships;
    (b) 32 waivers of requirements related to State academic standards 
or assessments: Six waivers allowing substitution of standards or 
assessments and six waivers permitting SEAs or LEAs to refrain from 
reporting assessment or accountability determinations; and 26 waivers 
of the requirement that a State's assessment

[[Page 46797]]

system cover the full range of its academic content standards for 
speaking and listening;
    (c) One waiver permitting an LEA to serve a Title I-eligible high 
school with a graduation rate below 60 percent that the SEA identified 
as a priority school;
    (d) One waiver permitting local educational agencies (LEAs) to 
operate a Title I schoolwide program in a priority school or a focus 
school that has less than 40 percent poverty and is implementing a 
schoolwide intervention; and
    (e) Four waivers allowing an SEA to waive the carryover limitation 
for an LEA that needs an additional waiver beyond what the SEA is 
authorized to grant.

Waiver Data

I. Extensions of the Obligation Period

    A. Sixty-six waivers to extend the period of availability of School 
Improvement Grant (SIG) funds.
    1. Extended the period of availability of fiscal year (FY) 2011 SIG 
funds awarded to two States under section 1003(g) 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:

 New York State Education Department
 Wisconsin Department of Education

    2. Extended the period of availability of FY 2012 SIG funds awarded 
to three States under section 1003(g) of the ESEA.
    Provision waived: Tydings Amendment, section 421(b) of GEPA (20 
U.S.C. 1225(b)).
    Waiver Applicants:

 Missouri Department of Elementary and Secondary Education
 New Jersey Department of Education
 Texas Education Agency

    3. Extended the period of availability of FY 2013 SIG funds awarded 
to seven States under section 1003(g) of the ESEA.
    Provision waived: Tydings Amendment, section 421(b) of GEPA (20 
U.S.C. 1225(b)).
    Waiver Applicants:

 Iowa Department of Education
 Missouri Department of Elementary and Secondary Education
 Oregon Department of Education
 Puerto Rico Department of Education
 Tennessee Department of Education
 Texas Education Agency
 Wisconsin Department of Education

    4. Extended the period of availability of FY 2014 SIG funds awarded 
to eight States under section 1003(g) of the ESEA.
    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
 Georgia Department of Education
 Iowa Department of Education
 Kansas State Department of Education
 New Hampshire Department of Education
 North Dakota Department of Public Instruction
 Puerto Rico Department of Education

    5. Extended the period of availability of FY 2016 SIG funds awarded 
to 46 States under section 1003(g) of the ESEA.
    Provision waived: Tydings Amendment, section 421(b) of GEPA (20 
U.S.C. 1225(b)).
    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
 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
 Hawaii State Department of Education
 Illinois State Board of Education
 Indiana Department of Education
 Iowa Department of Education
 Kansas State Department of Education
 Kentucky Department of Education
 Louisiana Department of Education
 Maine 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
 Montana Office of Public Instruction
 Nebraska Department of Education
 Nevada Department of Education
 New Hampshire Department of Education
 New Jersey Department of Education
 New Mexico Public Education Department
 New York State Education Department
 North Carolina Department of Public Instruction
 North Dakota Department of Public Instruction
 Ohio Department of Education
 Oklahoma State Department of Education
 Oregon Department of Education
 Pennsylvania Department of Education
 Rhode Island Department of Education
 South Carolina Department of Education
 South Dakota Department of Education
 Tennessee Department of Education
 Texas Education Agency
 Utah State Office of Education
 Virginia Department of Education
 Washington Office of the Superintendent of Public Instruction
 Wisconsin Department of Education

    B. One waiver to extend the period of availability of funds for 
Improving Teacher Quality awarded under Title II, Part A of the ESEA.
    Provision waived: Tydings Amendment, section 421(b) of GEPA (20 
U.S.C. 1225(b)).
    Waiver Applicant:

 New York State Department of Education

    C. One waiver to extend the period of availability of funds for 
Migrant Education related activities awarded under section Title I, 
Part C of the ESEA.
    Provision waived: Tydings Amendment, section 421(b) of GEPA (20 
U.S.C. 1225(b)).
    Waiver Applicant:

 New York State Department of Education

    D. Three waivers extending the period of availability of funds for 
the 21st CCLC program under Title IV, Part B of the ESEA.
    Provision waived: Tydings Amendment, section 421(b) of GEPA (20 
U.S.C. 1225(b)).
    1. Extended the period of availability of FY 2012 funds reserved 
under Title IV, Part B of the ESEA made available for the 21st CCLC 
program.
    Waiver Applicant:

 North Dakota Department of Public Instruction
    Provision waived: Tydings Amendment, section 421(b) of GEPA (20 
U.S.C. 1225(b)).
    2. Extended the period of availability of FY 2013 funds reserved 
under Title IV, Part B of the ESEA made available for the 21st CCLC 
program.
    Waiver Applicants:

 Hawaii State Department of Education
 Maryland State Department of Education


[[Page 46798]]


    F. Two waivers to extend the period of availability of Mathematics 
and Science Partnerships funds.
    1. Extended the period of availability of FY 2012 funds awarded to 
one State under Title II, Part B of the ESEA.
    Provision waived: Tydings Amendment, section 421(b) of GEPA (20 
U.S.C. 1225(b)).
    Waiver Applicant:

 Illinois State Board of Education

    2. Extended the period of availability of FY 2013 funds awarded to 
one State under Title II, Part B of the ESEA.
    Provision waived: Tydings Amendment, section 421(b) of GEPA (20 
U.S.C. 1225(b)).
    Waiver Applicant:

 Illinois State Board of Education

III. Waivers of Requirements Related to State Academic Standards and 
Assessments

    A. One waiver allowing substitution of standards or assessments.
    Provisions waived: Section 1111(b)(1)(B) and (3)(C)(i) of the ESEA.
    Waiver Applicant:

 Hawaii State Department of Education

    Description of Waiver: One-year waiver for the 2015-2016 school 
year of the statutory and regulatory requirements under Title I, Part A 
of the ESEA, which require the State to apply the same academic 
achievement standards, and to use the same academic assessments, for 
all public school children in the State.
    B. Three waivers of the requirement for an SEA to administer high-
quality student academic assessments.
    Provisions waived: Section 1111(b)(3)(A), (b)(3)(C)(vii), and 
(b)(3)(C)(ix)(I) of the ESEA.
    Waiver Applicants:

 Alaska Department of Education and Early Development
 Montana Office of Public Instruction
 Nevada Department of Education

    Description of Waiver: Waiver of the requirement that the SEA 
administer on an annual basis a set of high-quality student academic 
assessments in reading/language arts and mathematics to all students in 
grades three to eight and once in high school.
    C. One waiver of reporting requirements related to standards and 
assessments.
    Provisions waived: Section 1111(h)(1)(C)(i), (1)(C)(iii)-(iv), and 
(2)(B) of the ESEA.
    Waiver Applicant:

 Alaska Department of Education and Early Development

    Description of Waiver: Waiver for the 2015-2016 school year of the 
SEA and LEA reporting requirements in the ESEA corresponding to the 
waived assessment requirements.
    D. Twenty-six waivers allowing States to have assessments that did 
not asses all content standards.
    Provision waived: Section 1111(b)(3)(C)(ii) of the ESEA.
    Waiver Applicants:

 Alabama State Department of Education
 Alaska Department of Education and Early Development
 Arkansas Department of Education
 California Department of Education
 Georgia Department of Education
 Idaho State Board of Education
 Iowa Department of Education
 Indiana Department of Education
 Kentucky Department of Education
 Kansas State Department of Education
 Louisiana Department of Education
 Maine Department of Education
 Massachusetts Department of Elementary and Secondary Education
 Missouri Department of Elementary and Secondary Education
 Montana Office of Public Instruction
 Nevada Department of Education
 New York State Department of Education
 North Dakota Department of Public Instruction
 Puerto Rico Department of Education
 South Carolina Department of Education
 Texas Education Agency
 Virginia Department of Education
 Washington Office of the Superintendent of Public Instruction
 West Virginia Department of Education
 Wisconsin Department of Education
 Wyoming Department Education

    Description of Waiver: Waiver from the requirement that the State's 
assessment system measure the State's speaking and listening standards.

IV. Within-District Allocations

    One waiver granting flexibility regarding within-district Title I 
allocations.
    Waiver Applicant:

 New York State Department of Education

    Description of Waiver: Permitted an LEA 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 does 
not rank sufficiently high to be served based solely on the school's 
poverty rate.
    Provisions waived: Section 1113(a)(4)(B) and (c)(1) of the ESEA.

V. School-Wide Poverty Threshold

    One waiver allowing a Title I schoolwide program in a school below 
the 40 percent poverty threshold.
    Provision waived: Section 1114(a)(1) of the ESEA.
    Waiver Applicant:

 Missouri Department of Elementary and Secondary Education

    Description of Waiver: Waiver permitting LEAs to operate a 
schoolwide program in a priority school or a focus school that does not 
meet the schoolwide poverty threshold of 40 percent and is implementing 
a schoolwide intervention.

VI. Authorizing an SEA To Waive the Carryover Limitation

    A. Four waivers authorizing SEAs to waive the carryover limitation 
for an LEA more than once every three years.
    Provision waived: Section 1127(b) of the ESEA.
    Waiver Applicant:

 Indiana Department of Education

    Description of Waiver: One-year waiver to allow Indiana to grant 
the Indianapolis Public Schools, Edison Learning--Roosevelt College and 
Career Academy, and Dr. Robert H. Faulkner Academy a waiver of the 
carryover limitation with respect to the FY 2015 Title I, Part A funds 
even if the LEA received a carryover waiver of either its FY 2013 or FY 
2014 Title I, Part A funds from the State.
    Waiver Applicant:

 Michigan Department of Education

    Description of Waiver: One-year waiver allowed Michigan to grant 
the School District of the City of Pontiac and Saginaw City School 
District a waiver of the carryover limitation with respect to FY 2014 
Title I, Part A funds even if the LEA received a carryover waiver of 
either its FY 2012 or FY 2013 Title I, Part A funds from the State.
    Waiver Applicant:

 Washington Office of the Superintendent of Public Instruction

    Description of Waiver: One-year waiver allowed Washington to grant 
not more than 90 LEAs a waiver of the carryover limitation with respect 
to unexpended FY 2015 Title I, Part A funds even if an LEA received a 
carryover waiver of either its FY 2013 or FY 2014 Title I, Part A funds 
from the State.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. Free 
internet access to the official edition of the Federal Register and the 
Code of Federal Regulations is available via the Federal Digital System

[[Page 46799]]

at: www.thefederalregister.org/fdsys. At this site you can view this document, as well 
as all 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. 2017-21616 Filed 10-5-17; 8:45 am]
 BILLING CODE 4000-01-P



                                                    46796                          Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices

                                                    identified for improvement, corrective                  B. Waivers Allowing SEAs To Meet the                  Act of 1965, as amended by the Every
                                                    action, or restructuring to serve as a                  Academic Achievement Assessment                       Student Succeeds Act.1
                                                    provider of SES during the 2011–2012                    Requirement in an Alternative Manner                     The ESEA requires that the
                                                    school year.                                            Under RLIS                                            Department publish in the Federal
                                                      4. Waiver applicant: Wyoming                             Provision waived: Section 6224(d) of               Register, and disseminate to interested
                                                    Department of Education                                 the ESEA.                                             parties, a notice of its decision to grant
                                                      • Provisions waived: 34 CFR                              Two Waiver applicants:                             a waiver of statutory or regulatory
                                                    200.47(b)(1)(iv)(A) and (B).                                                                                  requirements under the ESEA. Between
                                                                                                            • Commonwealth of the Northern                        2011 and 2016, the Department granted
                                                      • Description of waiver: Permitted                       Mariana Islands Public School System
                                                    Wyoming to approve a school or LEA                                                                            more than 800 waivers of statutory or
                                                                                                            • Virgin Islands Department of                        regulatory requirements to State
                                                    identified for improvement, corrective                     Education
                                                    action, or restructuring to serve as a                                                                        educational agencies (SEAs) but
                                                                                                               Accessible Format: Individuals with                neglected to comply with the ESEA’s
                                                    provider of SES for the 2010–2011 and                   disabilities can obtain this document in
                                                    2011–2012 school years.                                                                                       publication and dissemination
                                                                                                            an accessible format (e.g., braille, large            requirements. This notice is intended to
                                                    X. Authorizing an SEA To Waive the                      print, audiotape, or compact disc) on                 fulfill the Department’s obligation to
                                                    Carryover Limitation for an LEA                         request to the program contact person                 publicize its waiver decisions by
                                                    Because of Its Receipt of Title I, Part A               listed under FOR FURTHER INFORMATION                  identifying the waivers granted during
                                                    ARRA Funds                                              CONTACT.
                                                                                                                                                                  each calendar year.
                                                                                                               Electronic Access to This Document:
                                                      Waiver to permit an SEA to waive the                                                                        FOR FURTHER INFORMATION CONTACT: Kia
                                                                                                            The official version of this document is
                                                    carryover limitation more than once                     the document published in the Federal                 Weems, U.S. Department of Education,
                                                    within three years for an LEA that needs                Register. Free internet access to the                 400 Maryland Avenue SW., Room
                                                    the additional waiver because of its                    official edition of the Federal Register              3W341, Washington, DC 20202.
                                                    receipt of Title I, Part A ARRA funds.                  and the Code of Federal Regulations is                Telephone: (202) 260–2221 or by email:
                                                      Provision waived: Section 1127(b) of                  available via the Federal Digital System              Kia.Weems@ed.gov.
                                                    the ESEA.                                                                                                        If you use a telecommunications
                                                                                                            at: www.gpo.gov/fdsys. At this site you
                                                      Eight Waiver applicants:                                                                                    device for the deaf (TDD) or a text
                                                                                                            can view this document, as well as other
                                                                                                                                                                  telephone (TTY), call the Federal Relay
                                                    • Maine Department of Education                         documents of this Department
                                                                                                                                                                  Service (FRS), toll free, at 1–800–877–
                                                    • Michigan Department of Education                      published in the Federal Register, in
                                                                                                                                                                  8339.
                                                    • Montana Office of Public Instruction                  text or Portable Document Format
                                                                                                            (PDF). To use PDF you must have                       SUPPLEMENTARY INFORMATION: In 2016,
                                                    • Nebraska Department of Education
                                                                                                            Adobe Acrobat Reader, which is                        the Department granted a total of 111
                                                    • Nevada Department of Education                                                                              waivers to States under the waiver
                                                                                                            available free at the site.
                                                    • Ohio Department of Education                             You may also access documents of the               authority in section 8401 of the ESEA,
                                                    • Oklahoma State Department of                          Department published in the Federal                   as amended by the ESSA. We granted:
                                                      Education                                             Register by using the article search                     (a) 73 waivers extending the period in
                                                    • South Carolina Department of                          feature at: www.federalregister.gov.                  which funds were available for
                                                      Education                                             Specifically, through the advanced                    obligation: 66 waivers for school
                                                    XI. Waiver of AYP Requirement for                       search feature at this site, you can limit            improvement activities, one waiver for
                                                    Annual Measurable Achievement                           your search to documents published by                 Improving Teacher Quality, one waiver
                                                    Objectives (AMAOs)                                      the Department.                                       for Migrant Education, three waivers for
                                                                                                                                                                  21st Century Community Learning
                                                                                                              Dated: October 3, 2017.
                                                       1. Waiver applicant: Colorado                                                                              Centers (21st CCLC), and two waivers
                                                    Department of Education                                 Jason Botel,
                                                                                                                                                                  for Mathematics and Science
                                                       • Provision waived: Section                          Acting Assistant Secretary for Elementary and         Partnerships;
                                                    3122(a)(3)(A)(iii) of the ESEA.                         Secondary Education.                                     (b) 32 waivers of requirements related
                                                       • Description of waiver: Granted a                   [FR Doc. 2017–21623 Filed 10–5–17; 8:45 am]           to State academic standards or
                                                    two-year waiver so that Colorado may                    BILLING CODE 4000–01–P                                assessments: Six waivers allowing
                                                    use, for purposes of AMAO 3, the same                                                                         substitution of standards or assessments
                                                    targets used in the growth component of                                                                       and six waivers permitting SEAs or
                                                    its State-developed differentiated                      DEPARTMENT OF EDUCATION                               LEAs to refrain from reporting
                                                    recognition, accountability, and support                                                                      assessment or accountability
                                                                                                            Notice of Waivers Granted Under
                                                    system in reading, writing, and                                                                               determinations; and 26 waivers of the
                                                                                                            Section 8401 of the Elementary and
                                                    mathematics, in place of the State’s                                                                          requirement that a State’s assessment
                                                                                                            Secondary Education Act of 1965, as
                                                    AMOs.                                                   Amended by the Every Student                            1 On December 10, 2015, the Every Student
                                                    XII. Waivers Related to Rural Programs                  Succeeds Act                                          Succeeds Act (ESSA), which reauthorized the
                                                                                                                                                                  Elementary and Secondary Education Act of 1965
                                                    A. Waivers Allowing SEAs To Provide                     AGENCY: Office of Elementary and                      (ESEA), was signed into law. The ESEA waiver
                                                    Equitable Services for Private School                   Secondary Education, Department of                    provisions in section 8401 of the ESEA, as amended
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    Students and Teachers Under the RLIS                    Education.                                            by the ESSA, went into effect on that date.
                                                                                                                                                                  However, the Department awarded and
                                                      Provision waived: Section 6222 of the                 ACTION: Notice.                                       administered FY 2016 formula grant funds in
                                                    ESEA.                                                                                                         accordance with the ESEA as in effect on the day
                                                                                                            SUMMARY:   In this notice, we announce                before the date of enactment of the ESSA (i.e., the
                                                      Two Waiver applicants:                                the waivers that the U.S. Department of               requirements promulgated under the No Child Left
                                                    • Commonwealth of the Northern                          Education (Department) granted during                 Behind Act of 2001 (NCLB)) consistent with
                                                      Mariana Islands Public School System                                                                        clarification from Congress in the Consolidated
                                                                                                            calendar year 2016 under the waiver                   Appropriations Act, 2016. Accordingly, unless
                                                    • Virgin Islands Department of                          authority in section 8401 of the                      otherwise noted, all references to the ESEA in this
                                                      Education                                             Elementary and Secondary Education                    notice refer to the ESEA, as amended by NCLB.



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                                                                                   Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices                                        46797

                                                    system cover the full range of its                      States under section 1003(g) of the                   • North Dakota Department of Public
                                                    academic content standards for speaking                 ESEA.                                                   Instruction
                                                    and listening;                                            Provision waived: Tydings                           • Ohio Department of Education
                                                      (c) One waiver permitting an LEA to                   Amendment, section 421(b) of GEPA (20                 • Oklahoma State Department of
                                                    serve a Title I-eligible high school with               U.S.C. 1225(b)).                                        Education
                                                    a graduation rate below 60 percent that                   Waiver Applicants:                                  • Oregon Department of Education
                                                    the SEA identified as a priority school;                • Alabama State Department of                         • Pennsylvania Department of
                                                      (d) One waiver permitting local                         Education                                             Education
                                                    educational agencies (LEAs) to operate a                • Arizona Department of Education                     • Rhode Island Department of
                                                    Title I schoolwide program in a priority                • Georgia Department of Education                       Education
                                                    school or a focus school that has less                  • Iowa Department of Education                        • South Carolina Department of
                                                    than 40 percent poverty and is                          • Kansas State Department of Education                  Education
                                                    implementing a schoolwide                               • New Hampshire Department of                         • South Dakota Department of
                                                    intervention; and                                         Education                                             Education
                                                      (e) Four waivers allowing an SEA to                   • North Dakota Department of Public                   • Tennessee Department of Education
                                                    waive the carryover limitation for an                     Instruction                                         • Texas Education Agency
                                                    LEA that needs an additional waiver                     • Puerto Rico Department of Education                 • Utah State Office of Education
                                                    beyond what the SEA is authorized to                                                                          • Virginia Department of Education
                                                                                                              5. Extended the period of availability
                                                    grant.                                                                                                        • Washington Office of the
                                                                                                            of FY 2016 SIG funds awarded to 46
                                                                                                                                                                    Superintendent of Public Instruction
                                                    Waiver Data                                             States under section 1003(g) of the                   • Wisconsin Department of Education
                                                                                                            ESEA.
                                                    I. Extensions of the Obligation Period                    Provision waived: Tydings                             B. One waiver to extend the period of
                                                      A. Sixty-six waivers to extend the                    Amendment, section 421(b) of GEPA (20                 availability of funds for Improving
                                                    period of availability of School                        U.S.C. 1225(b)).                                      Teacher Quality awarded under Title II,
                                                    Improvement Grant (SIG) funds.                            Waiver Applicants:                                  Part A of the ESEA.
                                                      1. Extended the period of availability                                                                        Provision waived: Tydings
                                                                                                            • Alabama State Department of                         Amendment, section 421(b) of GEPA (20
                                                    of fiscal year (FY) 2011 SIG funds                        Education                                           U.S.C. 1225(b)).
                                                    awarded to two States under section                     • Alaska Department of Education and                    Waiver Applicant:
                                                    1003(g) of the ESEA.                                      Early Development
                                                      Provision waived: Tydings                             • Arizona Department of Education                     • New York State Department of
                                                    Amendment, section 421(b) of the                        • Arkansas Department of Education                      Education
                                                    General Education Provisions Act                        • California Department of Education                    C. One waiver to extend the period of
                                                    (GEPA) (20 U.S.C. 1225(b)).                             • Colorado Department of Education                    availability of funds for Migrant
                                                      Waiver Applicants:                                    • Connecticut State Department of                     Education related activities awarded
                                                    • New York State Education                                Education                                           under section Title I, Part C of the
                                                      Department                                            • District of Columbia Office of the                  ESEA.
                                                    • Wisconsin Department of Education                       State Superintendent of Education                     Provision waived: Tydings
                                                      2. Extended the period of availability                • Florida Department of Education                     Amendment, section 421(b) of GEPA (20
                                                    of FY 2012 SIG funds awarded to three                   • Georgia Department of Education                     U.S.C. 1225(b)).
                                                    States under section 1003(g) of the                     • Hawaii State Department of Education                  Waiver Applicant:
                                                    ESEA.                                                   • Illinois State Board of Education                   • New York State Department of
                                                      Provision waived: Tydings                             • Indiana Department of Education                       Education
                                                    Amendment, section 421(b) of GEPA (20                   • Iowa Department of Education
                                                                                                            • Kansas State Department of Education                  D. Three waivers extending the period
                                                    U.S.C. 1225(b)).                                                                                              of availability of funds for the 21st
                                                      Waiver Applicants:                                    • Kentucky Department of Education
                                                                                                            • Louisiana Department of Education                   CCLC program under Title IV, Part B of
                                                    • Missouri Department of Elementary                                                                           the ESEA.
                                                      and Secondary Education                               • Maine Department of Education
                                                                                                            • Maryland State Department of                          Provision waived: Tydings
                                                    • New Jersey Department of Education                                                                          Amendment, section 421(b) of GEPA (20
                                                    • Texas Education Agency                                  Education
                                                                                                            • Massachusetts Department of                         U.S.C. 1225(b)).
                                                      3. Extended the period of availability                  Elementary and Secondary Education                    1. Extended the period of availability
                                                    of FY 2013 SIG funds awarded to seven                   • Michigan Department of Education                    of FY 2012 funds reserved under Title
                                                    States under section 1003(g) of the                     • Minnesota Department of Education                   IV, Part B of the ESEA made available
                                                    ESEA.                                                   • Mississippi Department of Education                 for the 21st CCLC program.
                                                      Provision waived: Tydings                             • Missouri Department of Elementary                     Waiver Applicant:
                                                    Amendment, section 421(b) of GEPA (20                     and Secondary Education                             • North Dakota Department of Public
                                                    U.S.C. 1225(b)).                                        • Montana Office of Public Instruction                  Instruction
                                                      Waiver Applicants:                                    • Nebraska Department of Education                      Provision waived: Tydings
                                                    • Iowa Department of Education                          • Nevada Department of Education                      Amendment, section 421(b) of GEPA (20
                                                    • Missouri Department of Elementary                     • New Hampshire Department of                         U.S.C. 1225(b)).
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                                                      and Secondary Education                                 Education                                             2. Extended the period of availability
                                                    • Oregon Department of Education                        • New Jersey Department of Education                  of FY 2013 funds reserved under Title
                                                    • Puerto Rico Department of Education                   • New Mexico Public Education                         IV, Part B of the ESEA made available
                                                    • Tennessee Department of Education                       Department                                          for the 21st CCLC program.
                                                    • Texas Education Agency                                • New York State Education                              Waiver Applicants:
                                                    • Wisconsin Department of Education                       Department                                          • Hawaii State Department of Education
                                                      4. Extended the period of availability                • North Carolina Department of Public                 • Maryland State Department of
                                                    of FY 2014 SIG funds awarded to eight                     Instruction                                           Education


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                                                    46798                          Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices

                                                      F. Two waivers to extend the period                   LEA reporting requirements in the ESEA                V. School-Wide Poverty Threshold
                                                    of availability of Mathematics and                      corresponding to the waived assessment                  One waiver allowing a Title I
                                                    Science Partnerships funds.                             requirements.                                         schoolwide program in a school below
                                                      1. Extended the period of availability                   D. Twenty-six waivers allowing States              the 40 percent poverty threshold.
                                                    of FY 2012 funds awarded to one State                   to have assessments that did not asses                  Provision waived: Section 1114(a)(1)
                                                    under Title II, Part B of the ESEA.                     all content standards.                                of the ESEA.
                                                      Provision waived: Tydings                                Provision waived: Section                            Waiver Applicant:
                                                    Amendment, section 421(b) of GEPA (20                   1111(b)(3)(C)(ii) of the ESEA.                        • Missouri Department of Elementary
                                                    U.S.C. 1225(b)).                                           Waiver Applicants:                                   and Secondary Education
                                                      Waiver Applicant:                                     • Alabama State Department of                           Description of Waiver: Waiver
                                                    • Illinois State Board of Education                        Education                                          permitting LEAs to operate a
                                                      2. Extended the period of availability                • Alaska Department of Education and                  schoolwide program in a priority school
                                                    of FY 2013 funds awarded to one State                      Early Development                                  or a focus school that does not meet the
                                                    under Title II, Part B of the ESEA.                     • Arkansas Department of Education                    schoolwide poverty threshold of 40
                                                      Provision waived: Tydings                             • California Department of Education                  percent and is implementing a
                                                    Amendment, section 421(b) of GEPA (20                   • Georgia Department of Education                     schoolwide intervention.
                                                    U.S.C. 1225(b)).                                        • Idaho State Board of Education
                                                      Waiver Applicant:                                                                                           VI. Authorizing an SEA To Waive the
                                                                                                            • Iowa Department of Education
                                                    • Illinois State Board of Education                                                                           Carryover Limitation
                                                                                                            • Indiana Department of Education
                                                    III. Waivers of Requirements Related to                 • Kentucky Department of Education                       A. Four waivers authorizing SEAs to
                                                                                                            • Kansas State Department of Education                waive the carryover limitation for an
                                                    State Academic Standards and
                                                                                                            • Louisiana Department of Education                   LEA more than once every three years.
                                                    Assessments
                                                                                                            • Maine Department of Education                          Provision waived: Section 1127(b) of
                                                      A. One waiver allowing substitution                                                                         the ESEA.
                                                                                                            • Massachusetts Department of
                                                    of standards or assessments.                                                                                     Waiver Applicant:
                                                                                                               Elementary and Secondary Education
                                                      Provisions waived: Section
                                                                                                            • Missouri Department of Elementary                   • Indiana Department of Education
                                                    1111(b)(1)(B) and (3)(C)(i) of the ESEA.                                                                         Description of Waiver: One-year
                                                      Waiver Applicant:                                        and Secondary Education
                                                                                                            • Montana Office of Public Instruction                waiver to allow Indiana to grant the
                                                    • Hawaii State Department of Education                                                                        Indianapolis Public Schools, Edison
                                                                                                            • Nevada Department of Education
                                                      Description of Waiver: One-year                       • New York State Department of                        Learning—Roosevelt College and Career
                                                    waiver for the 2015–2016 school year of                    Education                                          Academy, and Dr. Robert H. Faulkner
                                                    the statutory and regulatory                            • North Dakota Department of Public                   Academy a waiver of the carryover
                                                    requirements under Title I, Part A of the                  Instruction                                        limitation with respect to the FY 2015
                                                    ESEA, which require the State to apply                  • Puerto Rico Department of Education                 Title I, Part A funds even if the LEA
                                                    the same academic achievement                                                                                 received a carryover waiver of either its
                                                                                                            • South Carolina Department of
                                                    standards, and to use the same academic                                                                       FY 2013 or FY 2014 Title I, Part A funds
                                                                                                               Education
                                                    assessments, for all public school                                                                            from the State.
                                                                                                            • Texas Education Agency
                                                    children in the State.                                                                                           Waiver Applicant:
                                                                                                            • Virginia Department of Education
                                                      B. Three waivers of the requirement
                                                                                                            • Washington Office of the                            • Michigan Department of Education
                                                    for an SEA to administer high-quality                                                                            Description of Waiver: One-year
                                                    student academic assessments.                              Superintendent of Public Instruction
                                                                                                            • West Virginia Department of                         waiver allowed Michigan to grant the
                                                      Provisions waived: Section                                                                                  School District of the City of Pontiac
                                                    1111(b)(3)(A), (b)(3)(C)(vii), and                         Education
                                                                                                            • Wisconsin Department of Education                   and Saginaw City School District a
                                                    (b)(3)(C)(ix)(I) of the ESEA.                                                                                 waiver of the carryover limitation with
                                                      Waiver Applicants:                                    • Wyoming Department Education
                                                                                                                                                                  respect to FY 2014 Title I, Part A funds
                                                    • Alaska Department of Education and                       Description of Waiver: Waiver from                 even if the LEA received a carryover
                                                      Early Development                                     the requirement that the State’s                      waiver of either its FY 2012 or FY 2013
                                                    • Montana Office of Public Instruction                  assessment system measure the State’s                 Title I, Part A funds from the State.
                                                    • Nevada Department of Education                        speaking and listening standards.                        Waiver Applicant:
                                                      Description of Waiver: Waiver of the                  IV. Within-District Allocations                       • Washington Office of the
                                                    requirement that the SEA administer on                                                                           Superintendent of Public Instruction
                                                    an annual basis a set of high-quality                      One waiver granting flexibility
                                                                                                            regarding within-district Title I                        Description of Waiver: One-year
                                                    student academic assessments in                                                                               waiver allowed Washington to grant not
                                                    reading/language arts and mathematics                   allocations.
                                                                                                               Waiver Applicant:                                  more than 90 LEAs a waiver of the
                                                    to all students in grades three to eight                                                                      carryover limitation with respect to
                                                    and once in high school.                                • New York State Department of
                                                                                                                                                                  unexpended FY 2015 Title I, Part A
                                                      C. One waiver of reporting                               Education
                                                                                                                                                                  funds even if an LEA received a
                                                    requirements related to standards and                      Description of Waiver: Permitted an                carryover waiver of either its FY 2013 or
                                                    assessments.                                            LEA to serve with Title I funds a Title
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                                                                                                                                                                  FY 2014 Title I, Part A funds from the
                                                      Provisions waived: Section                            I-eligible high school with a graduation              State.
                                                    1111(h)(1)(C)(i), (1)(C)(iii)–(iv), and                 rate below 60 percent that the SEA                       Electronic Access to This Document:
                                                    (2)(B) of the ESEA.                                     identified as a priority school even if               The official version of this document is
                                                      Waiver Applicant:                                     that school does not rank sufficiently                the document published in the Federal
                                                    • Alaska Department of Education and                    high to be served based solely on the                 Register. Free internet access to the
                                                      Early Development                                     school’s poverty rate.                                official edition of the Federal Register
                                                      Description of Waiver: Waiver for the                    Provisions waived: Section                         and the Code of Federal Regulations is
                                                    2015–2016 school year of the SEA and                    1113(a)(4)(B) and (c)(1) of the ESEA.                 available via the Federal Digital System


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                                                                                   Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices                                         46799

                                                    at: www.gpo.gov/fdsys. At this site you                 Telephone: (202) 260–2221 or by email:                   In addition to waiving the 10
                                                    can view this document, as well as all                  Kia.Weems@ed.gov.                                     provisions listed above, the Department
                                                    other documents of this Department                         If you use a telecommunications                    granted three optional waivers to 43
                                                    published in the Federal Register, in                   device for the deaf (TDD) or a text                   States under ESEA flexibility related to
                                                    text or Portable Document Format                        telephone (TTY), call the Federal Relay               the following:
                                                    (PDF). To use PDF you must have                         Service (FRS), toll free, at 1–800–877–                  1. 21st Century Community Learning
                                                    Adobe Acrobat Reader, which is                          8339.                                                 Centers (21st CCLC) requirements,
                                                    available free at the site.                             SUPPLEMENTARY INFORMATION: In 2015,                   allowing SEAs flexibility to permit
                                                       You may also access documents of the                 the Department granted waivers under                  community learning centers to use 21st
                                                    Department published in the Federal                     ESEA flexibility to 43 States under the               CCLC funds to support expanded
                                                    Register by using the article search                    waiver authority in section 9401 of the               learning time during the school day in
                                                    feature at: www.federalregister.gov.                    ESEA, in exchange for rigorous and                    addition to activities during non-school
                                                    Specifically, through the advanced                      comprehensive State-developed plans                   hours or periods when school is not in
                                                    search feature at this site, you can limit              designed to improve student academic                  session;
                                                    your search to documents published by                   achievement and increase the quality of                  2. Requirements to make adequate
                                                    the Department.                                         instruction. An additional 93 waivers                 yearly progress (AYP) determinations;
                                                                                                            that were not part of ESEA flexibility                and
                                                      Dated: October 3, 2017.
                                                                                                            also were granted under the waiver                       3. Requirements pertaining to Title I,
                                                    Jason Botel,                                                                                                  Part A within-district allocations;
                                                                                                            authority in section 9401 of the ESEA.
                                                    Acting Assistant Secretary for Elementary and                                                                    b. Forty-five waivers extending the
                                                    Secondary Education.                                    We granted:
                                                                                                               a. Ten waivers under ESEA flexibility              period in which funds were available
                                                    [FR Doc. 2017–21616 Filed 10–5–17; 8:45 am]                                                                   for obligation: 40 waivers for school
                                                                                                            to each of 43 States granting flexibility
                                                    BILLING CODE 4000–01–P
                                                                                                            from ESEA requirements to improve                     improvement activities, one waiver for
                                                                                                            student academic achievement and                      Consolidated Grant funds for Insular
                                                                                                            increase the quality of instruction:                  Areas, one waiver for State assessment
                                                    DEPARTMENT OF EDUCATION                                    1. Allowing SEAs flexibility to select             activities, and three waivers extending
                                                                                                            one of three options for setting new                  the period for SIG carryover funds;
                                                    Notice of Waivers Granted Under                                                                                  c. One waiver granting LEAs
                                                    Section 9401 of the Elementary and                      ambitious, but achievable annual
                                                                                                            measurable objectives (AMOs);                         additional time to meet teacher and
                                                    Secondary Education Act of 1965, as                                                                           principal evaluation requirements for
                                                    Amended                                                    2. Allowing flexibility in
                                                                                                            implementation of school improvement                  cohort 5 SIG schools;
                                                    AGENCY: Office of Elementary and                        requirements to relieve local                            d. Five waivers allowing SEAs to
                                                    Secondary Education, Department of                      educational agencies (LEAs) of the                    approve schools or LEAs identified as in
                                                    Education.                                              requirement to identify schools for                   need of improvement to become
                                                                                                            improvement, corrective action, or                    supplemental educational services (SES)
                                                    ACTION: Notice.
                                                                                                            restructuring, as appropriate, and to take            providers;
                                                    SUMMARY:    In this notice, we announce                 certain improvement actions in                           e. Ten waivers of requirements
                                                    the waivers that the U.S. Department of                 identified schools;                                   pertaining to State academic standards
                                                    Education (Department) granted during                      3. Allowing flexibility in                         or assessments: Four waivers allowing
                                                    calendar year 2015 under the waiver                     implementation of LEA improvement                     substitution of standards or assessments
                                                    authority in section 9401 of the                        requirements to relieve SEAs of the                   and six waivers exempting SEAs or
                                                    Elementary and Secondary Education                      requirement to identify LEAs for                      LEAs from reporting assessment or
                                                    Act of 1965, as amended by the No                       improvement or corrective action, as                  accountability determinations;
                                                    Child Left Behind Act of 2001 (ESEA),                   appropriate, and to take certain                         f. Fourteen waivers of the third of
                                                    including waivers related to flexibilities              improvement actions for identified                    three annual measureable achievement
                                                    granted to States in exchange for State-                LEAs;                                                 objectives (AMAOs 3) under Title III,
                                                    led reforms (ESEA flexibility).                            4. Granting flexibility for rural LEAs;            due to lack of assessment data in the
                                                                                                               5. Permitting LEAs to operate a                    2014–2015 school year;
                                                      The ESEA requires that the
                                                                                                            schoolwide program in a priority school                  g. Two waivers allowing SEAs
                                                    Department publish in the Federal
                                                                                                            or a focus school that does not meet the              flexibility to distribute section 1003(a)
                                                    Register, and disseminate to interested
                                                                                                            40 percent poverty threshold and is                   funds to LEAs for use in priority and
                                                    parties, a notice of its decision to grant
                                                                                                            implementing a schoolwide                             focus schools;
                                                    a waiver of statutory or regulatory                                                                              h. Five waivers of the requirement to
                                                    requirements under the ESEA. Between                    intervention;
                                                                                                               6. Allowing SEAs flexibility to                    make AYP determinations;
                                                    2011 and 2016, the Department granted                                                                            i. Six waivers allowing LEAs to carry
                                                    more than 800 waivers of statutory or                   distribute school improvement funds to
                                                                                                            LEAs for use in priority and focus                    out significant education reforms to
                                                    regulatory requirements to State                                                                              improve student achievement;
                                                    educational agencies (SEAs) but                         schools;
                                                                                                               7. Allowing funds reserved for State                  j. Two waivers authorizing an SEA to
                                                    neglected to comply with the ESEA’s                                                                           waive the carryover limitation for an
                                                                                                            awards program to go to any reward
                                                    publication and dissemination                                                                                 LEA that needs an additional waiver;
                                                                                                            school;
                                                    requirements. This notice is intended to
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                                                                                                               8. Relating to highly qualified teacher               k. One waiver of the requirement to
                                                    fulfill the Department’s obligation to                  (HQT) improvement plan requirements;                  provide parents notice of public school
                                                    publicize its waiver decisions by                          9. Relating to limitations on the                  choice options at least 14 days before
                                                    identifying the waivers granted during                  transferability of certain funds; and                 the start of the school year;
                                                    each calendar year.                                        10. Permitting SEAs flexibility to                    l. One waiver pertaining to school
                                                    FOR FURTHER INFORMATION CONTACT: Kia                    award School Improvement Grant (SIG)                  support and recognition allowing
                                                    Weems, U.S. Department of Education,                    funds to an LEA to implement one of                   flexibility in the use of funds reserved
                                                    400 Maryland Avenue SW., Room                           the four SIG models in any priority                   for State awards program to go to any
                                                    3W341, Washington, DC 20202.                            school.                                               reward school; and


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Document Created: 2017-10-06 00:09:28
Document Modified: 2017-10-06 00:09:28
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 46796 

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