Waivers Granted under Section 9401

**of the Elementary and Secondary Education Act**

### COMPOSITE LIST -- March 5, 2007

# I. Waivers Related to Hurricanes Katrina and Rita

Through December 31, 2006, the Department granted the following
hurricane-related waivers to States under the general waiver authority
in section 9401 of the Elementary and Secondary Education Act, as
amended (ESEA):

1.  [Waiver applicant: Alabama Department of Education]{.underline}

    -   Provisions waived: Sections 1111(b)(2)(C)(v) and 1111(h)(1)(C)
        of the ESEA.

    -   Date waiver granted: May 18, 2006.

-   Description of waiver: Permitted Alabama to create a separate
    subgroup for students displaced by Hurricanes Katrina and Rita for
    adequate yearly progress (AYP) decisions based on assessment data
    for the 2005-2006 school year.

2.  [Waiver applicant: Arkansas Department of Education]{.underline}

    -   Provisions waived: Sections 1111(b)(2)(C)(v) and 1111(h)(1)(C)
        of the ESEA.

    -   Date waiver granted: May 19, 2006.

-   Description of waiver: Permitted Arkansas to create a separate
    subgroup for students displaced by Hurricanes Katrina and Rita for
    AYP decisions based on assessment data for the 2005-2006 school
    year.

#  [Waiver applicant: Georgia Department of Education]{.underline}

-   Provisions waived: Sections 1111(b)(2)(C)(v) and 1111(h)(1)(C) of
    the ESEA*.*

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-   Date waiver granted: April 19, 2006.

-   Description of waiver: Permitted Georgia to create a separate
    subgroup for students displaced by Hurricanes Katrina and Rita for
    AYP decisions based on assessment data for the 2005-2006 school
    year.

#  [Waiver applicant: Georgia Department of Education]{.underline}

-   Provisions waived: Sections 1116(b)(1)(E) and 1116(b)(5)(B) of the
    ESEA*.*

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-   Date waiver granted: May 5, 2006.

-   Description of waiver: For the 2006-2007 school year, because of the
    large number of students displaced by Hurricane Katrina, permits the
    Dekalb County School District to provide supplemental educational
    services (SES), rather than public school choice, to eligible
    students attending Title I schools in the first year of school
    improvement.

3.  [Waiver applicant: Louisiana Department of Education]{.underline}

-   Provision waived: Section 2416(a)(1) of the ESEA.

-   Date waiver granted: September 21, 2005.

-   Description of waiver: Waived, with respect to FY 2004 and 2005 ESEA
    Title II, Part D, ESEA (Educational Technology) funds the
    requirement that districts must spend at least 25 percent of those
    funds on professional development.

4.  [Waiver applicant: Louisiana Department of Education]{.underline}

-   Provision waived: Tydings Amendment, section 421(b) of the General
    Education Provisions Act (GEPA).

-   Date waiver granted: September 21, 2005.

-   Description of waiver: Extended by one year the period of
    availability for all ESEA funds that otherwise would have expired on
    September 30, 2005.

5.  [Waiver applicant: Louisiana Department of Education]{.underline}

    -   Provision waived: Section 1127 of the ESEA.

    -   Date waiver granted: September 21, 2005.

    -   Description of waiver: Permitted Louisiana to waive for its
        districts, more than once every three years, the 15 percent
        Title I, Part A carryover limitation for FY 2003 Title I, Part
        A, ESEA funds.

6.  [Waiver applicant: Louisiana Department of Education]{.underline}

-   Provisions waived: Sections 1116(b)(1)(E)(i) and 1116(b)(5)(B) of
    the ESEA.

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-   Date waiver granted: January 13, 2006.

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-   Description of waiver: For the 2005-2006 school year, permitted LEAs
    of three parishes -- Orleans, Calcasieu, and Jefferson -- to provide
    SES, rather than public school choice, to eligible students
    attending Title I schools in their first year of school improvement.

7.  [Waiver applicant: Louisiana Department of Education]{.underline}

-   Provision waived: Tydings Amendment, section 421(b) of GEPA.

-   Date waiver granted: July 27, 2006.

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-   Description of waiver: Extended by one year the period of
    availability for all ESEA funds that otherwise would have expired on
    September 30, 2006.

8.  [Waiver applicant: Louisiana Department of Education]{.underline}

    -   Provision waived: Section 1127 of the ESEA.

    -   Date waiver granted: July 27, 2006.

    -   Description of waiver: Extended to FY 2004 and FY 2005 Title I,
        Part A, ESEA funds a previously granted waiver allowing
        Louisiana to waive for its districts, more than once every three
        years, the 15 percent Title I, Part A, ESEA carryover
        limitation.

9.  [Waiver applicant: Louisiana Department of Education]{.underline}

    -   Provisions waived: Sections 1111(b)(2)(C)(v) and 1111(h)(1)(C)
        of the ESEA.

    -   Date waiver granted: August 2, 2006.

-   Description of waiver: Permitted Louisiana to create a separate
    subgroup for students displaced by Hurricanes Katrina and Rita for
    AYP decisions based on assessment data for the 2005-2006 school
    year.

10. [Waiver applicant: Louisiana Department of Education]{.underline}

    -   Provisions waived: Sections 1116(b)(1), (5), (7), and (8) of the
        ESEA.

    -   Date waiver granted: August 2, 2006.

-   Description of waiver: Provided greater flexibility in making
    accountability determinations for districts and schools that were
    closed for 18 or more instructional days and were located in a
    declared disaster area due to Hurricanes Katrina or Rita.

11. [Waiver applicant: Mississippi Department of Education]{.underline}

-   Provision waived: Tydings Amendment, section 421(b) of GEPA.

-   Date waiver granted: September 12, 2005.

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-   Description of waiver: Extended by one year the period of
    availability for all ESEA funds that otherwise would have expired on
    September 30, 2005.

12. [Waiver applicant: Mississippi Department of Education]{.underline}

-   Provision waived: Section 2416(a)(1) of the ESEA.

-   Date waiver granted: December 14, 2005.

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-   Description of waiver: Waived with respect to FY 2004 and 2005 Title
    II, Part D, ESEA (Educational Technology) funds the requirement that
    districts must spend at least 25 percent of those funds on
    professional development.

13. [Waiver applicant: Mississippi Department of Education]{.underline}

    -   Provisions waived: Sections 1111(b)(2)(C)(v) and 1111(h)(1)(C)
        of the ESEA.

    -   Date waiver granted: June 28, 2006.

-   Description of waiver: Permitted Mississippi to create a separate
    subgroup for students displaced by Hurricanes Katrina and Rita for
    AYP decisions based on assessment data for the 2005-2006 school
    year.

14. [Waiver applicant: Tennessee Department of Education]{.underline}

-   Provisions waived: Sections 1111(b)(2)(C)(v) and 1111(h)(1)(C) of
    the ESEA.

-   Date waiver granted: May 19, 2006.

# Description of waiver: Permitted Tennessee to create a separate subgroup for students displaced by Hurricanes Katrina and Rita for AYP decisions based on assessment data for the 2005-2006 school year. 

15. [Waiver applicant: Texas Education Agency]{.underline}

-   Provisions waived: Sections 1111(b)(2)(C)(v) and 1111(h)(1)(C) of
    the ESEA.

-   Date waiver granted: May 23, 2006.

-   Description of waiver: Permitted Texas to create a separate subgroup
    for students displaced by Hurricanes Katrina and Rita for AYP
    decisions based on assessment data for the 2005-2006 school year.

16. [Waiver applicant: Texas Education Agency]{.underline}

-   Provisions waived: Sections 1116(b)(1), (5), (7), and (8) of the
    ESEA.

-   Date waiver granted: May 23, 2006.

-   Description of waiver: Provided greater flexibility in making
    accountability determinations for districts and campuses that were
    closed for 7 or more instructional days and were located in an area
    declared a disaster area due to Hurricane Rita.

# Other Section 9401 Waivers

In addition to the waivers related to Hurricanes Katrina and Rita, the
Department has granted the following waivers to States and districts,
through December 31, 2006, under the general waiver authority in section
9401 of the Elementary and Secondary Education Act, as amended (ESEA):

#### Growth Model Pilots

1.  [Waiver applicant: North Carolina Department of Public
    Instruction]{.underline}

    -   Provision waived: Section 1111(b)(2) of the ESEA.

    -   Date waiver granted: May 17, 2006.

    -   Description of waiver: Provided North Carolina the flexibility
        to implement a growth-based accountability model as part of
        determining AYP beginning in the 2005-2006 school year,
        conditioned on the State's having received approval of its
        assessment system by July 1, 2006.

2.  [Waiver applicant: Tennessee Department of Education]{.underline}

    -   Provision waived: Section 1111(b)(2) of the ESEA.

    -   Date waiver granted: May 17, 2006.

    -   Description of waiver: Provided Tennessee the flexibility to
        implement a growth-based accountability model as part of
        determining AYP beginning in the 2005-2006 school year.

3.  [Waiver applicant: Arkansas Department of Education]{.underline}

    -   Provision waived: Section 1111(b)(2) of the ESEA.

    -   Date waiver granted: November 9, 2006.

    -   Description of waiver: Provided Arkansas the flexibility to
        implement a growth-based accountability model as part of
        determining AYP beginning in the 2006-2007 school year,
        conditioned on the State's receiving approval of its standards
        and assessment system by the end of the 2006-2007 school year.

4.  [Waiver applicant: Delaware Department of Education]{.underline}

    -   Provision waived: Section 1111(b)(2) of the ESEA.

    -   Date waiver granted: November 9, 2006.

    -   Description of waiver: Provided Delaware the flexibility to
        implement a growth-based accountability model as part of
        determining AYP beginning in the 2006-2007 school year.

5.  [Waiver applicant: Florida Department of Education]{.underline}

    -   Provision waived: Section 1111(b)(2) of the ESEA.

    -   Date waiver granted: November 9, 2006.

    -   Description of waiver: Provided Florida the flexibility to
        implement a growth-based accountability model as part of
        determining AYP beginning in the 2006-2007 school year,
        conditioned on the State's receiving approval of its standards
        and assessment system by the end of the 2006-2007 school year.

#### Allowing Local Educational Agencies (LEAs) to Provide Supplemental Educational Services (SES) Rather Than Public School Choice to Eligible Students in Title I Schools in the First Year of School Improvement

1.  [Waiver applicant: Virginia Department of Education]{.underline}

-   Provisions waived: Sections 1116(b)(1)(E) and 1116(b)(5)(B) of the
    ESEA.

-   Date waiver granted: August 25, 2005.

-   Description of waiver: For the 2005-2006 school year, permitted four
    school districts -- Alexandria City Schools, Henry County Public
    Schools, Newport News City Schools, and Stafford County Public
    Schools -- to offer SES, rather than public school choice, to
    eligible students in Title I schools in the first year of school
    improvement.

> 2\. [Waiver applicant: Alaska Department of Education and Early
> Development]{.underline}

-   Provisions waived: Sections 1116(b)(1)(E) and 1116(b)(5)(B) of the
    ESEA.

-   Date waiver granted: August 14, 2006.

-   Description of waiver: For the 2006-2007 school year, permits the
    Anchorage School District to offer SES, rather than public school
    choice, to eligible students in Title I schools in the first year of
    school improvement.

> 3\. [Waiver applicant: Delaware Department of Education]{.underline}

-   Provisions waived: Sections 1116(b)(1)(E) and 1116(b)(5)(B) of the
    ESEA.

-   Date waiver granted: August 14, 2006.

-   Description of waiver: For the 2006-2007 school year, permits the
    New Castle Vocational and Technical School District to offer SES,
    rather than public school choice, to eligible students in Title I
    schools in the first year of school improvement.

> 4\. [Waiver applicant: Indiana Department of Education]{.underline}

-   Provisions waived: Sections 1116(b)(1)(E) and 1116(b)(5)(B) of the
    ESEA.

-   Date waiver granted: July 25, 2006.

-   Description of waiver: For the 2006-2007 school year, permits three
    school districts -- Metropolitan School District of Decatur
    Township, Monroe County Community School Corporation, and Muncie
    Community Schools -- to offer SES, rather than public school choice,
    to eligible students in Title I schools in the first year of school
    improvement.

> 5\. [Waiver applicant: North Carolina Department of Public
> Instruction]{.underline}

-   Provisions waived: Sections 1116(b)(1)(E) and 1116(b)(5)(B) of the
    ESEA.

-   Date waiver granted: July 25, 2006.

-   Description of waiver: For the 2006-2007 school year, permits seven
    school districts -- Burke County, Cumberland County, Durham County,
    Guilford County, Northampton County, Pitt County, and Robeson

> County -- to offer SES, rather than public school choice, to eligible
> students in Title I schools in the first year of school improvement.
>
> 6\. [Waiver applicant: Virginia Department of Education]{.underline}

-   Provisions waived: Sections 1116(b)(1)(E) and 1116(b)(5)(B) of the
    ESEA.

-   Date waiver granted: July 25, 2006.

-   Description of waiver: For the 2006-2007 school year, permits four
    school districts -- Alexandria City Schools, Henry County Public
    Schools, Newport News City Schools, and Stafford County Public
    Schools -- to offer SES, rather than public school choice, to
    eligible students in Title I schools in the first year of school
    improvement.

## Allowing LEAs in Need of Improvement to Be Eligible to Apply to their State Educational Agency (SEA) to Become SES Providers

1.  [Waiver applicant: Boston Public Schools]{.underline}

    -   Provision waived: 34 CFR 200.47(b)(1)(iv)(B).

    -   Date waiver granted: November 3, 2005.

    -   Description of waiver: Permitted Boston Public Schools to be
        eligible to apply to its SEA to become a provider of SES to
        eligible students during the 2005-2006 school year even though
        the district was identified for improvement.

2\. [Waiver applicant: Chicago Public Schools]{.underline}

-   Provision waived: 34 CFR 200.47(b)(1)(iv)(B).

-   Date waiver granted: November 3, 2005.

-   Description of waiver: Permitted Chicago Public Schools to be
    eligible to apply to its SEA to become a provider of SES to eligible
    students during the 2005-2006 school year even though the district
    was identified for improvement.

3\. [Waiver applicant: Anchorage School District]{.underline}

-   Provision waived: 34 CFR 200.47(b)(1)(iv)(B).

-   Date waiver granted: July 25, 2006.

-   Description of waiver: Permitted the Anchorage School District to be
    eligible to apply to its SEA to become a provider of SES to eligible
    students during the 2006-2007 school year even though the district
    has been identified for improvement.

4\. [Waiver applicant: Boston Public Schools]{.underline}

-   Provision waived: 34 CFR 200.47(b)(1)(iv)(B).

-   Date waiver granted: July 25, 2006.

-   Description of waiver: Permitted Boston Public Schools to be
    eligible to apply to its SEA to become a provider of SES to eligible
    students during the 2006-2007 school year even though the district
    has been identified for improvement.

5\. [Waiver applicant: Chicago Public Schools]{.underline}

-   Provision waived: 34 CFR 200.47(b)(1)(iv)(B).

-   Date waiver granted: July 25, 2006.

-   Description of waiver: Permitted Chicago Public Schools to be
    eligible to apply to its SEA to become a provider of SES to eligible
    students during the 2006-2007 school year even though the district
    has been identified for improvement.

6\. [Waiver applicant: Hillsborough County Public Schools]{.underline}

-   Provision waived: 34 CFR 200.47(b)(1)(iv)(B).

-   Date waiver granted: August 14, 2006.

-   Description of waiver: Permitted Hillsborough County Public Schools
    to be eligible to apply to its SEA to become a provider of SES to
    eligible students during the 2006-2007 school year even though the
    district has been identified for improvement.

D. *General Programmatic waivers*

1\. [Waiver applicant: San Diego City Schools, CA]{.underline}

-   Provision waived: 34 CFR 200.63(b)(1)(i) (2002).

-   Date waiver granted: August 21, 2002.

-   Description of waiver: Permitted San Diego to exclude from
    comparability determinations for school year 2002-2003 supplemental
    State and local funds that the district spent on a particular
    program (Blueprint for Student Success) implemented in schools that
    had less than 50 percent students from low-income families.

1.  [Waiver applicant: San Diego City Schools, CA]{.underline}

-   Provision waived: 34 CFR 200.79(b)(1) (2003).

-   Date waiver granted: October 29, 2003.

-   Description of waiver: Permitted San Diego to exclude from
    comparability determinations through school year 2005-2006
    supplemental State and local funds that the district spent on a
    particular program (Blueprint for Student Success) implemented in
    schools that had less than 40 percent students from low-income
    families.

2.  [Waiver applicant: Belleville Township High School District 201,
    IL]{.underline}

    -   Provisions waived: Sections 1113(a)(2) and 1113(c)(2)(A) of the
        ESEA.

    -   Date waiver granted: June 3, 2003.

-   Description of waiver: Permitted the district to provide, through
    summer 2006, Title I, Part A, ESEA funding to its second high
    school, which has a poverty rate below the district-wide poverty
    rate, and to allocate an amount per poor child to both its high
    schools that is less than 125 percent of the amount of funds under
    Title I, Part A of the ESEA that the district received for the year.

3.  [Waiver applicant: DuPage High School District 88, IL]{.underline}

-   Provisions waived: Sections 1113(a)(2) and 1113(c)(2)(A) of the
    ESEA.

-   Date waiver granted: August 27, 2004.

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-   Description of waiver: Permits the district to provide, through
    summer 2008, Title I, Part A, ESEA funding to its second high
    school, which has a poverty rate below the district-wide poverty
    rate, and to allocate an amount per poor child to both its high
    schools that is less than 125 percent of the amount of funds under
    Title I, Part A of the ESEA that the district received for the year.

4.  [Waiver applicant: Belleville Township High School District 201,
    IL]{.underline}

-   Provisions waived: Sections 1113(a)(2) and 1113(c)(2)(A) of the
    ESEA.

-   Date waiver granted: April 26, 2006.

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-   Description of waiver: Extended Belleville's previously granted
    waiver, allowing the district to provide Title I, Part A, ESEA
    funding to its second high school, which has a poverty rate below
    the district-wide poverty rate, and to allocate an amount per poor
    child to both its high schools that is less than 125 percent of the
    amount of funds under Title I, Part A of the ESEA that the district
    received for the year.

5.  [Waiver applicant: Minnesota Department of Education]{.underline}

    -   Provision waived: Section 1127 of the ESEA, as amended.

    -   Date waiver granted: July 1, 2004.

-   Description of waiver: Permitted Minnesota to waive for its
    districts, more than once every three years, the 15 percent
    carryover limitation for FY 2003 and 2004 Title I, Part A, ESEA
    funds.

6.  [New Hampshire School Administrative Unit No. 29, NH]{.underline}

-   Provision waived: Section 1113(a)(1) of the ESEA.

-   Date waiver granted: June 10, 2004.

-   Description of waiver: Extended through the end of school year
    2006-2007 a waiver previously granted under Section 14401 of the
    ESEA that enables three schools that do not meet the Title I, Part
    A, ESEA eligibility requirements to continue to receive funds under
    the program.

7.  [Waiver applicant: New York State Education Department]{.underline}

-   Provision waived: Section 9201(a) of the ESEA.

-   Date waiver granted: October 27, 2003.

-   Description of waiver: Permitted New York to consolidate through the
    2005-2006 school year certain Federal funds reserved for State
    administration even though a majority of the SEA's resources were
    not derived from non-Federal sources.

8.  [Waiver applicant: New York State Education Department]{.underline}

-   Provision waived: Section 9201(a) of the ESEA.

-   Date waiver granted: June 7, 2006

-   Description of waiver: Permitted New York to consolidate certain
    Fiscal Year 2006 Federal funds (and remaining carryover funds)
    reserved for State administration even though a majority of the
    SEA's resources are not derived from non-Federal sources.

9.  [Waiver applicant: Clay County Schools, WV]{.underline}

-   Provisions waived: Section 1113(c)(1) of the ESEA and 34 CFR
    200.78(c).

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-   Date waiver granted: July 28, 2004.

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-   Description of waiver: Extended through the end of school year
    2007-2008 a previously granted waiver that allows the district to
    allocate more Title I, Part A, ESEA funds per poor child to several
    elementary schools than to middle schools with a higher percentage
    of children from low-income families.

E. *Extensions of the Obligation Period*

1.  [Waiver applicant: Alaska Department of Education]{.underline}

-   Provision waived: Tydings Amendment, section 421(b) of GEPA.

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-   Date waiver granted: September 29, 2003.

-   Description of waiver: Extended through December 31, 2004 the period
    of availability for funds awarded under the School Renovation
    program that otherwise would have expired on September 30, 2003.

1.  [Waiver applicant: Colorado Department of Education]{.underline}

    -   Provision waived: Tydings Amendment, section 421(b) of GEPA

    -   Date waiver granted: November 25, 2003.

    -   Description of waiver: Extended through December 31, 2004 the
        period of availability for funds awarded under the School
        Renovation program that otherwise would have expired on
        September 30, 2003.

2.  [Waiver applicant: District of Columbia Public Schools]{.underline}

    -   Provision waived: Tydings Amendment, section 421(b) of GEPA.

    -   Date waiver granted: November 24, 2003.

    -   Description of waiver: Extended through December 31, 2003 the
        period of availability for funds awarded under the School
        Renovation program that otherwise would have expired on
        September 30, 2003.

3.  [Waiver applicant: District of Columbia Public Schools]{.underline}

    -   Provision waived: Tydings Amendment, section 421(b) of GEPA.

    -   Date waiver granted: January 14, 2004.

    -   Description of waiver: Extended through February 29, 2004 the
        period of availability for funds awarded under the School
        Renovation program that otherwise would have expired on December
        31, 2003.

4.  [Waiver applicant: Florida Department of Education]{.underline}

    -   Provision waived: Tydings Amendment, section 421(b) of GEPA.

    -   Date waiver granted: September 29, 2003.

    -   Description of waiver: Extended through September 30, 2004 the
        period of availability for funds awarded under the School
        Renovation program that otherwise would have expired on
        September 30, 2003.

5.  [Waiver applicant: Illinois State Board of Education]{.underline}

    -   Provision waived: Tydings Amendment, section 421(b) of GEPA.

    -   Date waiver granted: January 14, 2004.

    -   Description of waiver: Extended through June 30, 2004 the period
        of availability for funds awarded under the School Renovation
        program that otherwise would have expired on September 30, 2003.

6.  [Waiver applicant: Maryland Department of Education]{.underline}

    -   Provision waived: Tydings Amendment, section 421(b) of GEPA.

    -   Date waiver granted: September 25, 2003

    -   Description of waiver: Extended through December 15, 2003 the
        period of availability for funds awarded under the School
        Renovation program that otherwise would have expired on
        September 30, 2003.

7.  [Waiver applicant: Massachusetts Department of
    Education]{.underline}

    -   Provision waived: Tydings Amendment, section 421(b) of GEPA.

    -   Date waiver granted: November 24, 2003.

    -   Description of waiver: Extended through June 30, 2004 the period
        of availability for funds awarded under the School Renovation
        program that otherwise would have expired on September 30, 2003.

8.  [Waiver applicant: Michigan Department of Education]{.underline}

    -   Provision waived: Tydings Amendment, section 421(b) of GEPA.

    -   Date waiver granted: September 25, 2003.

    -   Description of waiver: Extended through September 30, 2004 the
        period of availability for funds awarded under the School
        Renovation program that otherwise would have expired on
        September 30, 2003.

9.  [Waiver applicant: Nebraska Department of Education]{.underline}

    -   Provision waived: Tydings Amendment, section 421(b) of GEPA.

    -   Date waiver granted: January 14, 2004.

    -   Description of waiver: Extended through June 30, 2004 the period
        of availability for funds awarded under the School Renovation
        program that otherwise would have expired on September 30, 2003.

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10. [Waiver applicant: Nevada Department of Education]{.underline}

-   Provision waived: Tydings Amendment, section 421(b) of GEPA.

-   Date waiver granted: January 14, 2004.

-   Description of waiver: Extended through June 30, 2004 the period of
    availability for funds awarded under the School Renovation program
    that otherwise would have expired on September 30, 2003.

11. [Waiver applicant: New Jersey Department of Education]{.underline}

-   Provision waived: Tydings Amendment, section 421(b) of GEPA.

-   Date waiver granted: September 29, 2003.

-   Description of waiver: Extended through September 30, 2004 the
    period of availability for funds awarded under the School Renovation
    program that otherwise would have expired on September 30, 2003.

12. [Waiver applicant: New Jersey Department of Education]{.underline}

-   Provision waived: Tydings Amendment, section 421(b) of GEPA.

-   Date waiver granted: June 17, 2005.

-   Description of waiver: Extended through September 30, 2006 the
    period of availability for Title II, Part D, ESEA (Educational
    Technology) funds that otherwise would have expired on September 30,
    2005.

13. [Waiver applicant: New Mexico Department of Education]{.underline}

-   Provision waived: Tydings Amendment, section 421(b) of GEPA.

-   Date waiver granted: September 24, 2003.

-   Description of waiver: Extended through June 30, 2004 the period of
    availability for funds awarded under the School Renovation program
    that otherwise would have expired on September 30, 2003.

14. [Waiver applicant: New York State Education Department]{.underline}

-   Provision waived: Tydings Amendment, section 421(b) of GEPA.

-   Date waiver granted: March 31, 2005.

-   Description of waiver: Extended through September 30, 2005 the
    period of availability for Title II, Part D, ESEA (Educational
    Technology) funds that otherwise would have expired on September 30,
    2004.

15. [Waiver applicant: North Dakota Department of Education]{.underline}

-   Provision waived: Tydings Amendment, section 421(b) of GEPA.

-   Date waiver granted: September 29, 2003.

-   Description of waiver: Extended through December 31, 2003 the period
    of availability for funds awarded under the School Renovation
    program that otherwise would have expired on September 30, 2003.

> 17\. [Waiver applicant: Ohio Department of Education]{.underline}

-   Provision waived: Tydings Amendment, section 421(b) of GEPA.

-   Date waiver granted: November 24, 2003.

-   Description of waiver: Extended through August 20, 2004 the period
    of availability for funds awarded under the School Renovation
    program that otherwise would have expired on September 30, 2003.

> 18\. [Waiver applicant: Ohio Department of Education]{.underline}

-   Provision waived: Tydings Amendment, section 421(b) of GEPA.

-   Date waiver granted: March 31, 2005.

-   Description of waiver: Extended through June 1, 2006 the period of
    availability for funds awarded under the School Renovation program
    that otherwise would have expired on August 20, 2004.

19\. [Waiver applicant: Pennsylvania Department of
Education]{.underline}

-   Provision waived: Tydings Amendment, section 421(b) of GEPA.

-   Date waiver granted: September 29, 2003.

-   Description of waiver: Extended by six months the period of
    availability for funds awarded under section 6111 of the ESEA
    (Grants for State Assessments and Related Activities) that otherwise
    would have expired on September 30, 2003.

# 20. [Waiver applicant: Rhode Island Department of Education]{.underline}

-   Provision waived: Tydings Amendment, section 421(b) of GEPA.

-   Date waiver granted: July 29, 2003.

-   Description of waiver: Extended through September 30, 2004 the
    period of availability for Title I Accountability funds that
    otherwise would have expired on September 30, 2003.

> 21\. [Waiver applicant: South Carolina Department of
> Education]{.underline}

-   Provision waived: Tydings Amendment, section 421(b) of GEPA.

-   Date waiver granted: September 29, 2003.

-   Description of waiver: Extended through September 30, 2004 the
    period of availability for funds awarded under the School Renovation
    program that otherwise would have expired on September 30, 2003.

> 22\. [Waiver applicant: Tennessee Department of Education]{.underline}

-   Provision waived: Tydings Amendment, section 421(b) of GEPA.

-   Date waiver granted: September 29, 2003.

-   Description of waiver: Extended through December 30, 2003 the period
    of availability for funds awarded under the School Renovation
    program that otherwise would have expired on September 30, 2003.

# 23. [Waiver applicant: Washington Office of Public Instruction]{.underline}

-   Provision waived: Tydings Amendment, section 421(b) of GEPA.

-   Date waiver granted: November 24, 2003.

-   Description of waiver: Extended through December 31, 2003 the period
    of availability for funds awarded under the School Renovation
    program that otherwise would have expired on September 30, 2003.

# 24. [Waiver applicant: Washington Office of Public Instruction]{.underline}

-   Provision waived: Tydings Amendment, section 421(b) of GEPA.

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-   Date waiver granted: December 30, 2003.

-   Description of waiver: Extended through February 29, 2004 the period
    of availability for funds awarded under the School Renovation
    program that otherwise would have expired on December 31, 2003.

F. *Waivers of Administrative Cost Limitation that Applies to Indian
Education Funds*

As part of their application for funds under the Indian Education
Formula Grant program, LEAs were allowed to request, if needed, waivers
of the five percent administrative cost limitation in section 7115(d) of
the ESEA. The following LEAs received approval of budgets that permitted
them to expend more than five percent of their funds on administrative
costs for the fiscal year grant awards noted:

-   Dillingham City School District, AK -- FY 2004 and FY 2005.

-   Iditarod Area School District, AK -- FY 2005.

-   Juneau Borough School District, AK -- FY 2005.

-   Pike County School District, AL -- FY 2004.

-   Alhambra School District 68, AZ -- FY 2003.

-   Cedar Unified School District, AZ -- FY 2003.

-   Kayenta Unified School District, AZ -- FY 2003.

-   San Carlos Unified School District, AZ -- FY 2003.

-   Snowflake Unified School District, AZ -- FY 2003.

-   Whiteriver Unified School District, AZ -- FY 2004.

-   Clovis Unified School District, CA -- FY 2004.

-   El Dorado County Office of Education, CA -- FY 2005.

-   Eureka City Unified School District, CA -- FY 2004 and FY 2005.

-   Fortuna Union High School District, CA -- FY 2004 and FY 2005.

-   Klamath-Trinity Joint Unified School District, CA -- FY 2005.

-   Marysville Joint Unified School District, CA -- FY 2003 and FY 2005.

-   Oakland Unified School District, CA -- FY 2004.

-   Palermo Union Elementary School District, CA -- FY 2003 and FY 2005.

-   San Diego Unified School District, CA -- FY 2005.

-   San Francisco Unified School District, CA -- FY 2003.

-   San Lorenzo Unified School District, CA -- FY 2004 and FY 2005.

-   Shasta Union High School District, CA -- FY 2003 and FY 2004.

-   Ventura Unified School District, CA -- FY 2004.

-   Arkansas City Unified School District 470, KS -- FY 2005.

-   Coffeyville Unified School District 445, KS -- FY 2005.

-   Lawrence Unified School District 497, KS -- FY 2003 and FY 2005.

-   Baraga Area Schools, MI -- FY 2003.

-   Carman-Ainsworth Community Schools, MI -- FY 2003, FY 2004, and FY
    2005.

-   Gladstone Area Schools, MI, FY 2004 and FY 2005.

-   Grand Rapids Public Schools, MI -- FY 2004.

-   L'Anse Area Schools, MI -- FY 2004.

-   Bloomington Public Schools, MN -- FY 2002.

-   Cass Lake-Bena Schools ISD 115, MN -- FY 2003.

-   East Grand Forks Schools, MN -- FY 2003 and FY 2005.

-   Grand Rapids Schools ISD 318, MN -- FY 2004.

-   Minneapolis Special School District 1, MN -- FY 2004.

-   Richmond County Schools, NC -- FY 2004.

-   Grand Forks Public Schools, ND -- FY 2005.

-   Farmington Municipal Schools, NM -- FY 2005.

-   Washoe County School District, NV -- FY 2003 and FY 2004.

-   Anadarko Public Schools, OK -- FY 2004 and FY 2005.

-   Bartlesville Public Schools ISD 30, OK -- FY 2003, FY 2004, and FY
    2005.

-   Bixby Public Schools, OK -- FY 2003 and FY 2005.

-   Broken Arrow Public Schools, OK -- FY 2003 and FY 2005.

-   Choctaw-Nicoma Park Schools, OK -- FY 2002.

-   Coalgate Public Schools, OK -- FY 2004.

-   Colbert Public Schools, OK -- FY 2003, FY 2004, and FY 2005.

-   Colcord Public Schools, OK -- FY 2003, FY 2004, and FY 2005.

-   Collinsville Public Schools, OK -- FY 2004.

-   Dickson Independent School District, OK -- FY 2003.

-   El Reno Public Schools, OK -- FY 2005.

-   Fort Gibson Schools, OK -- FY 2003.

-   Haskell Public Schools, OK -- FY 2004 and FY 2005.

-   Jay Public Schools, OK -- FY 2003 and FY 2004.

-   Little Axe Public Schools, OK -- FY 2004.

-   Meeker Public Schools, OK -- FY 2004.

-   Morris Public Schools, OK -- FY 2004.

-   Mounds Public Schools, OK - FY 2002.

-   Muskogee Public Schools, OK -- FY 2003 and FY 2004.

-   Norman Public Schools, OK -- FY 2004.

-   Oklahoma City Public Schools, OK -- FY 2003 and FY 2005.

-   Oolagah-Talala Public Schools, OK -- FY 2005.

-   Pocola Public Schools, OK -- FY 2002.

-   Ponca City Public Schools, OK -- FY 2003, FY 2004, and FY 2005.

-   Poteau Public Schools, OK -- FY 2005.

-   Sand Springs Public Schools, OK -- FY 2004 and FY 2005.

-   Sapulpa Public Schools, OK -- FY 2002 and FY 2003.

-   Sequoyah Public Schools, OK -- FY 2005.

-   Shawnee Public Schools, OK -- FY 2005.

-   Sperry Public Schools, OK -- FY 2005.

-   Sterling Public Schools, OK -- FY 2004.

-   Sulphur Public Schools, OK -- FY 2004.

-   Tishomingo Public Schools, OK -- FY 2003 and FY 2004.

-   Tulsa Public Schools, OK -- FY 2003.

-   Eugene Public Schools, OR -- FY 2004.

-   Lincoln County School District, OR -- FY 2005.

-   Umatilla Confederated Tribes, OR -- FY 2003.

-   Mitchell School District 17-2, SD -- FY 2002.

-   Mobridge School District 62-3, SD -- FY 2002.

-   Rapid City Area School District 51-4, SD -- FY 2002.

-   Shannon County School District 65-1, SD -- FY 2002.

-   Sioux Falls School District 49-5, SD -- FY 2004.

-   Fort Worth Independent School District, TX -- FY 2004.

-   Edmonds School District 15, WA -- FY 2003.

-   Highline School District 401, WA -- FY 2002, FY 2004, and FY 2005.

-   North Thurston School District 3, WA -- FY 2003, FY 2004, and FY
    2005.

-   Okanogan School District 105, WA -- FY 2002.

-   Puget Sound Educational Service District 121, WA -- FY 2003 and FY
    2004.

-   Quinault Lake School District 97, WA -- FY 2002.

-   Spokane Public Schools (School District 81), WA -- FY 2004.

-   Milwaukee Public Schools, WI -- FY 2004 and FY 2005.