56834 Federal Register / Vol. 75, No. 179 / Thursday, September 16, 2010 / Notices 

DEPARTMENT OF EDUCATION 

Notice of Waivers Granted Under 

Section 9401 of the Elementary and 

Secondary Education Act of 1965, as 

Amended 

SUMMARY: In this notice, we announce 

the waivers that the U.S. Department of 

Education (Department) granted during 

calendar year 2009 under the waiver 

authority in section 9401 of the 

Elementary and Secondary Education 

Act of 1965, as amended (ESEA). We 

also announce waivers that the 

Department granted under the waiver 

authority in section 9401 for Title I, Part 

A programs for funding provided 

through the American Recovery and 

Reinvestment Act of 2009 (ARRA). 

SUPPLEMENTARY INFORMATION: In 2009, 

the Department granted a total of 351 

waivers under the waiver authority in 

section 9401 of the ESEA. The waivers 

granted were as follows: (1) Two 

waivers extending the period in which 

funds are available for obligation for 

various programs due to Hurricanes 

Katrina and Rita, twenty-seven waivers 

extending the period in which funds are 

available for obligation for the Reading 

First program, and three waivers 

extending the period in which funds are 

available for obligation for School 

Improvement activities; (2) four waivers 

allowing implementation of the ‘‘growth 

model pilot;’’ (3) three waivers allowing 

implementation of the ‘‘differentiated 

accountability model pilot;’’ (4) one 

waiver allowing a substitute assessment; 

(5) four waivers allowing delayed 

release of assessment results; (6) two 

waivers of the adequate yearly progress 

(AYP) determinations; (7) two Title I, 

Part A within-district allocation 

waivers; (8) one waiver of the Title I 

carryover limitation; (9) nineteen 

waivers to local educational agencies 

(LEAs) identified for improvement to 

exclude their Title I, Part A allocation 

when calculating their obligation to 

spend 10 percent of their Title I funds 

for professional development; (10) one 

waiver of the ESEA transferability rules; 

(11) four waivers allowing recipients of 

funds under the Indian Education 

program to charge additional 

administrative costs to the program; (12) 

twenty-three waivers of the requirement 

to provide 14-day notice of public 

school choice; (13) twenty-eight waivers 

allowing State educational agencies 

(SEAs) to approve schools or LEAs in 

need of improvement to become 

supplemental educational services (SES) 

providers; (14) twenty-five new waivers 

and six continuations of existing 

waivers allowing LEAs to provide SES 

to eligible students attending schools 

that receive funding under Title I, Part 

A of the ESEA (Title I schools) and are 

in the first year of school improvement 

and to count the costs of both toward 

meeting the LEA’s ‘‘20 percent 

obligation’’; and (15) one hundred and 

ninety-six waivers allowing LEAs and/ 

or schools to exclude their Title I, Part 

A allocation received under ARRA 

when calculating their obligation to 

spend their funds for public school 

choice and professional development 

and when calculating the per-pupil 

amount for SES, and to waive the 

carryover limitation more than once 

every three years. 

Waiver Data: 

I. Extensions of the Obligation Period 

A. Waivers Related to Hurricanes 

Katrina and Rita 

1. Waiver Applicant: Louisiana 

Department of Education 

• Provision waived: Tydings 

Amendment, section 421(b) of the 

General Education Provisions Act 

(GEPA). 

• Date waiver granted: October 19, 

2009. 

• Description of waiver: Extended 

until December 31, 2009 the period of 

availability for fiscal year 2007 funds for 

various programs authorized under the 

ESEA, specifically Title I, Part A, 

Improving Basic Programs Operated by 

Local Educational Agencies; Title I, Part 

A, School Improvement under Section 

1003(a); Title I, Part A, School 

Improvement Grants under Section 

1003(g); Title I, Part B, Subpart 1, 

Reading First; Title I, Part D, Neglected 

and Delinquent State Agency and Local 

Educational Agency Program; Title II 

Part A, Improving Teacher Quality State 

Grants; Title II Part B, Sections 2201– 

2203, Mathematics and Science 

Partnerships; Title II, Part D, Enhancing 

Education Through Technology State 

Grants; Title III, English Language 

Acquisition State Grants; and Title IV, 

Safe and Drug-Free Schools and 

Communities. 

2. Waiver Applicant: Louisiana 

Department of Education 

• Provision waived: Tydings 

Amendment, section 421(b) of the 

General Education Provisions Act 

(GEPA). 

• Date waiver granted: October 19, 

2009. 

• Description of waiver: Extended 

until September 30, 2010 the period of 

availability for fiscal year 2007 funds for 

the 21st Century Community Learning 

Centers grant authorized under the 

ESEA. 

B. Waivers for the Reading First 

Program 

1. Waiver Applicant: Alabama 

Department of Education 

• Provision waived: Tydings 

Amendment, section 421(b) of GEPA. 

• Date waiver granted: June 22, 2009. 

• Description of waiver: Extended 

until September 30, 2010 the period of 

availability for fiscal year 2007 Reading 

First funds. 

2. Waiver Applicant: Alaska Department 

of Education 

• Provision waived: Tydings 

Amendment, section 421(b) of GEPA. 

• Date waiver granted: August 12, 

2009. 

• Description of waiver: Extended 

until September 30, 2010 the period of 

availability for fiscal year 2007 Reading 

First funds. 

3. Waiver Applicant: Arizona 

Department of Education 

• Provision waived: Tydings 

Amendment, section 421(b) of GEPA. 

• Date waiver granted: July 30, 2009. 

• Description of waiver: Extended 

until September 30, 2010 the period of 

availability for fiscal year 2007 Reading 

First funds. 

4. Waiver Applicant: Arkansas 

Department of Education 

• Provision waived: Tydings 

Amendment, section 421(b) of GEPA. 

• Date waiver granted: June 17, 2009. 

• Description of waiver: Extended 

until September 30, 2010 the period of 

availability for fiscal year 2007 Reading 

First funds. 

5. Waiver Applicant: Colorado 

Department of Education 

• Provision waived: Tydings 

Amendment, section 421(b) of GEPA. 

• Date waiver granted: July 30, 2009. 

• Description of waiver: Extended 

until September 30, 2010 the period of 

availability for fiscal year 2007 Reading 

First funds. 

6. Waiver Applicant: Georgia 

Department of Education 

• Provision waived: Tydings 

Amendment, section 421(b) of GEPA. 

• Date waiver granted: June 10, 2009. 

• Description of waiver: Extended 

until September 30, 2010 the period of 

availability for fiscal year 2007 Reading 

First funds. 

7. Waiver Applicant: Illinois State Board 

of Education 

• Provision waived: Tydings 

Amendment, section 421(b) of GEPA. 

• Date waiver granted: June 17, 2009. 


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• Description of waiver: Extended 

until September 30, 2010 the period of 

availability for fiscal year 2007 Reading 

First funds. 

8. Waiver Applicant: Indiana 

Department of Education 

• Provision waived: Tydings 

Amendment, section 421(b) of GEPA. 

• Date waiver granted: September 1, 

2009. 

• Description of waiver: Extended 

until September 30, 2010 the period of 

availability for fiscal year 2007 Reading 

First funds. 

9. Waiver Applicant: Kentucky 

Department of Education 

• Provision waived: Tydings 

Amendment, section 421(b) of GEPA. 

• Date waiver granted: July 27, 2009. 

• Description of waiver: Extended 

until September 30, 2010 the period of 

availability for fiscal year 2007 Reading 

First funds. 

10. Waiver Applicant: Maine 

Department of Education 

• Provision waived: Tydings 

Amendment, section 421(b) of GEPA. 

• Date waiver granted: June 30, 2009. 

• Description of waiver: Extended 

until September 30, 2010 the period of 

availability for fiscal year 2007 Reading 

First funds. 

11. Waiver Applicant: Massachusetts 

Department of Education 

• Provision waived: Tydings 

Amendment, section 421(b) of GEPA. 

• Date waiver granted: May 27, 2009. 

• Description of waiver: Extended 

until September 30, 2010 the period of 

availability for fiscal year 2007 Reading 

First funds. 

12. Waiver Applicant: Mississippi 

Department of Education 

• Provision waived: Tydings 

Amendment, section 421(b) of GEPA. 

• Date waiver granted: June 26, 2009. 

• Description of waiver: Extended 

until September 30, 2010 the period of 

availability for fiscal year 2007 Reading 

First funds. 

13. Waiver Applicant: New Jersey 

Department of Education 

• Provision waived: Tydings 

Amendment, section 421(b) of GEPA. 

• Date waiver granted: June 30, 2009. 

• Description of waiver: Extended 

until September 30, 2010 the period of 

availability for fiscal year 2007 Reading 

First funds. 

14. Waiver Applicant: New Mexico 

Department of Education 

• Provision waived: Tydings 

Amendment, section 421(b) of GEPA. 

• Date waiver granted: August 12, 

2009. 

• Description of waiver: Extended 

until September 30, 2010 the period of 

availability for fiscal year 2007 Reading 

First funds. 

15. Waiver Applicant: North Carolina 

Department of Public Instruction 

• Provision waived: Tydings 

Amendment, section 421(b) of GEPA. 

• Date waiver granted: August 13, 

2009. 

• Description of waiver: Extended 

until September 30, 2010 the period of 

availability for fiscal year 2007 Reading 

First funds. 

16. Waiver Applicant: North Dakota 

Department of Public Instruction 

• Provision waived: Tydings 

Amendment, section 421(b) of GEPA. 

• Date waiver granted: July 30, 2009. 

• Description of waiver: Extended 

until September 30, 2010 the period of 

availability for fiscal year 2007 Reading 

First funds. 

17. Waiver Applicant: Ohio Department 

of Education 

• Provision waived: Tydings 

Amendment, section 421(b) of GEPA. 

• Date waiver granted: October 2, 

2009. 

• Description of waiver: Extended 

until September 30, 2010 the period of 

availability for fiscal year 2007 Reading 

First funds. 

18. Waiver Applicant: Oregon 

Department of Education 

• Provision waived: Tydings 

Amendment, section 421(b) of GEPA. 

• Date waiver granted: August 12, 

2009. 

• Description of waiver: Extended 

until September 30, 2010 the period of 

availability for fiscal year 2007 Reading 

First funds. 

19. Waiver Applicant: Pennsylvania 

Department of Education 

• Provision waived: Tydings 

Amendment, section 421(b) of GEPA. 

• Date waiver granted: August 12, 

2009. 

• Description of waiver: Extended 

until September 30, 2010 the period of 

availability for fiscal year 2007 Reading 

First funds. 

20. Waiver Applicant: Rhode Island 

Department of Education 

• Provision waived: Tydings 

Amendment, section 421(b) of GEPA. 

• Date waiver granted: August 12, 

2009. 

• Description of waiver: Extended 

until September 30, 2010 the period of 

availability for fiscal year 2007 Reading 

First funds. 

21. Waiver Applicant: South Carolina 

Department of Education 

• Provision waived: Tydings 

Amendment, section 421(b) of GEPA. 

• Date waiver granted: September 23, 

2009. 

• Description of waiver: Extended 

until September 30, 2010 the period of 

availability for fiscal year 2007 Reading 

First funds. 

22. Waiver Applicant: South Dakota 

Department of Education 

• Provision waived: Tydings 

Amendment, section 421(b) of GEPA. 

• Date waiver granted: July 31, 2009. 

• Description of waiver: Extended 

until September 30, 2010 the period of 

availability for fiscal year 2007 Reading 

First funds. 

23. Waiver Applicant: Texas Education 

Agency 

• Provision waived: Tydings 

Amendment, section 421(b) of GEPA. 

• Date waiver granted: August 13, 

2009. 

• Description of waiver: Extended 

until September 30, 2010 the period of 

availability for fiscal year 2007 Reading 

First funds. 

24. Waiver Applicant: Vermont 

Department of Education 

• Provision waived: Tydings 

Amendment, section 421(b) of GEPA. 

• Date waiver granted: June 10, 2009. 

• Description of waiver: Extended 

until September 30, 2010 the period of 

availability for fiscal year 2007 Reading 

First funds. 

25. Waiver Applicant: Washington 

Department of Education 

• Provision waived: Tydings 

Amendment, section 421(b) of GEPA. 

• Date waiver granted: August 12, 

2009. 

• Description of waiver: Extended 

until September 30, 2010 the period of 

availability for fiscal year 2007 Reading 

First funds. 

26. Waiver Applicant: West Virginia 

Department of Education 

• Provision waived: Tydings 

Amendment, section 421(b) of GEPA. 

• Date waiver granted: June 22, 2009. 

• Description of waiver: Extended 

until September 30, 2010 the period of 

availability for fiscal year 2007 Reading 

First funds. 

27. Waiver Applicant: Wyoming 

Department of Education 

• Provision waived: Tydings 

Amendment, section 421(b) of GEPA. 


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56836 Federal Register / Vol. 75, No. 179 / Thursday, September 16, 2010 / Notices 

• Date waiver granted: July 31, 2009. 

• Description of waiver: Extended 

until September 30, 2010 the period of 

availability for fiscal year 2007 Reading 

First funds. 

C. Waivers for the School Improvement 

Program 

1. Waiver Applicant: California 

Department of Education 

• Provision waived: Tydings 

Amendment, section 421(b) of GEPA. 

• Date waiver granted: May 4, 2009. 

• Description of waiver: Extended 

until March 31, 2010 the period of 

availability for fiscal year 2006 Title I, 

Part A funds reserved for school 

improvement activities under section 

1003(a) of the ESEA. 

2. Waiver Applicant: California 

Department of Education 

• Provision waived: Tydings 

Amendment, section 421(b) of GEPA. 

• Date waiver granted: October 30, 

2009. 

• Description of waiver: Extended 

until September 30, 2010 the period of 

availability for fiscal year 2007 Title I, 

Part A funds reserved for school 

improvement activities under section 

1003(g) of the ESEA. 

3. Waiver Applicant: New York 

Department of Education 

• Provision waived: Tydings 

Amendment, section 421(b) of GEPA. 

• Date waiver granted: September 30, 

2009. 

• Description of waiver: Extended 

until March 31, 2010 the period of 

availability for fiscal year 2007 Title I, 

Part A funds reserved for school 

improvement activities under section 

1003(g) of the ESEA. 

II. ‘‘Growth Model Pilots’’ 

1. Waiver Applicant: Colorado 

Department of Education 

• Provision waived: Section 

1111(b)(2) of the ESEA. 

• Date waiver granted: January 8, 

2009. 

• Description of waiver: Provided 

Colorado the flexibility to implement a 

growth-based accountability model as 

part of determining adequate yearly 

progress (AYP) for the 2009–2010 

school year, based on assessments 

administered in the 2008–2009 school 

year. 

2. Waiver Applicant: Minnesota 

Department of Education 

• Provision waived: Section 

1111(b)(2) of the ESEA. 

• Date waiver granted: January 8, 

2009. 

• Description of waiver: Provided 

Minnesota the flexibility to implement a 

growth-based accountability model as 

part of determining AYP beginning in 

the 2009–2010 school year through the 

2012–2013 school year based on 

assessments administered in the 2008– 

2009 school year through the 2011–2012 

school year. 

3. Waiver Applicant: Pennsylvania 

Department of Education 

• Provision waived: Section 

1111(b)(2) of the ESEA. 

• Date waiver granted: January 8, 

2009. 

• Description of waiver: Provided 

Pennsylvania the flexibility to 

implement a growth-based 

accountability model as part of 

determining AYP beginning in the 

2009–2010 school year through the 

2012–2013 school year based on 

assessments administered in the 2008– 

2009 school year through the 2011–2012 

school year. 

4. Waiver Applicant: Texas Education 

Agency 

• Provision waived: Section 

1111(b)(2) of the ESEA. 

• Date waiver granted: January 8, 

2009. 

• Description of waiver: Provided 

Texas the flexibility to implement a 

growth-based accountability model as 

part of determining AYP beginning in 

the 2009–2010 school year through the 

2012–2013 school year based on 

assessments administered in the 2008– 

2009 school year through the 2011–2012 

school year. 

III. ‘‘Differentiated Accountability 

Model Pilots’’ 

1. Waiver Applicant: Arkansas 

Department of Education 

• Provision waived: Section 1116 of 

the ESEA. 

• Date waiver granted: January 8, 

2009. 

• Description of waiver: Provided 

Arkansas the flexibility to include its 

differentiated accountability model as a 

part of its system of school 

improvement interventions beginning in 

the 2009–2010 school year through the 

2012–2013 school year. 

2. Waiver Applicant: Louisiana 

Department of Education 

• Provision waived: Section 1116 of 

the ESEA. 

• Date waiver granted: January 8, 

2009. 

• Description of waiver: Provided 

Louisiana the flexibility to include its 

differentiated accountability model as a 

part of its system of school 

improvement interventions beginning in 

the 2009–2010 school year through the 

2012–2013 school year. 

3. Waiver Applicant: New York 

Department of Education 

• Provision waived: Section 1116 of 

the ESEA. 

• Date waiver granted: January 8, 

2009. 

• Description of waiver: Provided 

New York the flexibility to include its 

differentiated accountability model as a 

part of its system of school 

improvement interventions beginning in 

the 2009–2010 school year through the 

2012–2013 school year. 

IV. Substitute Assessments 

1. Waiver Applicant: Maryland 

Department of Education 

• Provisions waived: Section 

1111(b)(3)(C)(i) of the ESEA and 34 CFR 

200.3(a)(1)(i). 

• Date waiver granted: January 15, 

2009. 

• Description of waiver: Permits 

Maryland to use Advanced Placement or 

the International Baccalaureate Biology 

assessments, from the 2008–2009 school 

year through the 2011–2012 school year, 

in place of the high school science endof-course assessment even though the 

same assessment will not be used by all 

students and some students may take an 

assessment that does not cover the full 

breadth and depth of the State’s 

academic content standards. 

V. Delayed Release of Assessment 

Results and/or Public School Choice 

Notice 

1. Waiver Applicant: California 

Department of Education 

• Provision waived: Sections 

1116(a)(2) and 1116(b)(1)(E)(i) of the 

ESEA. 

• Date waiver granted: November 6, 

2009. 

• Description of waiver: Allows 

California to postpone the release of 

results of the State academic assessment 

administered in the 2008–2009 school 

year because new assessments had been 

implemented in that year, and to 

postpone notice of public school choice 

for the start of the 2009–2010 school 

year until assessment results are 

available. 

2. Waiver Applicant: Kentucky 

Department of Education 

• Provision waived: Section 

1116(b)(1)(E)(i) of the ESEA. 

• Date waiver granted: September 4, 

2009. 

• Description of waiver: Allows 

Kentucky to postpone notice of public 


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school choice for the 2009–2010 school 

year until assessment results are 

available. Due to severe weather 

Kentucky experienced during the 2008– 

2009 school year, Kentucky delayed 

administering its statewide assessments. 

3. Waiver Applicant: Puerto Rico 

Department of Education 

• Provision waived: Section 

1116(b)(1)(E)(i) of the ESEA. 

• Date waiver granted: December 11, 

2009. 

• Description of waiver: Allows 

Puerto Rico to postpone the release of 

results of the State academic assessment 

administered in the 2008–2009 school 

year because new assessments had been 

implemented in that year, and to 

postpone notice of public school choice 

for the start of the 2009–2010 school 

year until assessment results are 

available. 

4. Waiver Applicant: South Carolina 

Department of Education 

• Provisions waived: Sections 

1116(a)(2) and 1116(b)(1)(E)(i) of the 

ESEA. 

• Date waiver granted: September 9, 

2009. 

• Description of waiver: Allows 

South Carolina to postpone the release 

of results of the State academic 

assessment administered in the 2008– 

2009 school year because new 

assessments had been implemented in 

that year, and to postpone notice of 

public school choice for the start of the 

2009–2010 school year until assessment 

results are available. 

VI. AYP Determinations 

1. Waiver Applicant: Kentucky 

Department of Education 

• Provisions waived: Sections 

1111(b)(3)(A), 1111(b)(3)(C)(vii), and 

1116(a)(1)(A) of the ESEA. 

• Date waiver granted: September 4, 

2009. 

• Description of waiver: Allows 

Belfry Middle School to exclude 

assessments administered in the 2008– 

2009 school year when making AYP 

determinations because flooding that 

occurred during testing on May 8, 2009, 

damaged test materials. 

2. Waiver Applicant: West Virginia 

Department of Education 

• Provisions waived: Sections 

1111(b)(3)(A), 1111(b)(3)(C)(vii), and 

1116(a)(1)(A) of the ESEA. 

• Date waiver granted: May 22, 2009. 

• Description of waiver: Allows some 

schools in Mingo County to exclude 

assessments administered in the 2008– 

2009 school year when making AYP 

determinations because flooding 

occurred during the testing period, 

which made schools inoperable and 

unable to administer the State 

assessments. 

VII. Title I Within-District Allocation 

Waiver 

1. Waiver Applicant: McHenry 

Community High School District 156, IL 

• Provisions waived: Sections 

1113(a)(2) and 1113(c)(2)(A) of the 

ESEA. 

• Date waiver granted: October 15, 

2009. 

• Description of waiver: Enables the 

District to allocate Title I funds to its 

second high school, which is just below 

the district-wide poverty rate and, 

therefore, not eligible for Title I funds, 

and would further enable the District to 

allocate an amount per poor child to 

both its high schools that is less than 

125 percent of the per-pupil amount for 

the District as a whole. 

2. Waiver Applicant: Milwaukee Public 

Schools, WI 

• Provisions waived: Sections 

1113(a)(2) and 1113(c)(2)(A) of the 

ESEA. 

• Date waiver granted: November 6, 

2009. 

• Description of waiver: Enables 

Milwaukee Public Schools to allocate 

Title I funds to five schools that are 

below the district-wide poverty rate of 

35 percent and, therefore, not eligible 

for Title I funds, and would further 

enable Milwaukee to allocate an amount 

per poor child to all its Title I schools 

that is less than 125 percent of the perpupil amount for Milwaukee as a whole. 

VIII. Allowing an LEA To Carry Over 

Title I Funds From One Fiscal Year to 

the Next 

1. Waiver Applicant: Michigan 

Department of Education 

• Provision waived: Section 1127(b) 

of the ESEA. 

• Date waiver granted: June 17, 2009. 

• Description of waiver: Allows 

Michigan to grant a carryover exemption 

more frequently than once every three 

years to Detroit Public Schools, 

specifically for FY 2007 Title I funds 

allocated to the LEA for school year 

2007–2008 and for FY 2008 Title I funds 

allocated to the LEA for school year 

2008–2009. 

IX. Allowing LEAs Identified for 

Improvement To Exclude Their Title I 

Allocation When Calculating an LEA’s 

Obligation To Spend 10 Percent of the 

Funds for Professional Development 

1. On July 6, 2009, the Department 

granted the following LEAs in 

Massachusetts waivers of sections 

1116(b)(3)(A)(iii) and 1116(c)(7)(A)(iii) 

of the ESEA. These sections preclude 

the 19 districts from using funds other 

than Title I, Part A funds for the 2008– 

2009 school year to meet the 10 percent 

professional development spending 

requirement. These waivers exempt an 

LEA identified for improvement, or an 

LEA for a school identified for 

improvement in the LEA from reserving 

10 percent of its Title I allocation for 

professional development. 

For schools identified for 

improvement: 

• Adams Cheshire (for Plunkett 

Elementary School) 

• Amherst-Pelham Regional (for 

Crocker Farm Elementary School in 

Amherst) 

• Atlantis Charter School (single-school 

district) 

• Attleborough (for Studley Elementary 

School) 

• Greater New Bedford Voc-Tech 

(single-school district) 

• Hawlemont (for Hawlemont Regional 

High School) 

• Lowell (for Moody Elementary and 

McAuliffe Elementary Schools) 

• Marblehead (for the Village School) 

• Mohawk Trail Regional (for BucklandShelburne Elementary School) 

• Monson (for Quarry Hill Community 

School) 

• Norton (for Henry Yelle Elementary 

School) 

• Orange (for Butterfield Elementary 

and Dexter Park Intermediate Schools) 

• Randolph (for Lyons Elementary 

School) 

• Triton Regional (for Salisbury 

Elementary School) 

• Tyngsborough (for Tyngsborough 

Elementary School) 

• Waltham (for Whittemore Elementary 

and Plympton Elementary Schools) 

For LEAs identified for improvement: 

• Agawam 

• Ashburhan-Westminster Regional 

• Plymouth 

X. Transferability Waiver 

1. Waiver Applicant: New York State 

Department of Education 

• Provision waived: Section 6123(a) 

of the ESEA. 

• Date waiver granted: November 23, 

2009. 

• Description of waiver: Permits the 

State to transfer certain Title IV, Part B 

funds for State-level activities to its 

Title I, Part A Administrative Reserve 

funds. 


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XI. Waivers of the Administrative Cost 

Limitation That Applies to Indian 

Education Funds 

On June 17, 2009, the Department 

granted the following LEAs waivers of 

section 7115(d) of the ESEA, which 

establishes a five percent administrative 

cost limitation on funds awarded under 

the Indian Education formula grant 

program: 

• Whiteriver Unified School District, 

AZ 

• Ventura Unified School District, CA 

• Muskogee Public Schools, OK 

• Tulsa Public Schools, OK 

XII. Notification of Public School 

Choice 

1. Waiver Applicant: Alabama 

Department of Education 

• Provision waived: 34 CFR 

200.37(b)(4)(iv). 

• Date waiver granted: August 14, 

2009. 

• Description of waiver: Permitted 

Alabama’s LEAs to postpone notice of 

public school choice options beyond 14 

days before the start of the school year 

to parents of eligible children attending 

schools that are newly identified for 

improvement for the 2009–2010 school 

year or that made AYP in the previous 

year but did not exit improvement 

status. 

2. Waiver Applicant: Arizona 

Department of Education 

• Provision waived: 34 CFR 

200.37(b)(4)(iv). 

• Date waiver granted: August 24, 

2009. 

• Description of waiver: Permitted 

Arizona’s LEAs to postpone notice of 

public school choice options beyond 14 

days before the start of the school year 

to parents of eligible children attending 

schools that are newly identified for 

improvement for the 2009–2010 school 

year or that made AYP in the previous 

year but did not exit improvement 

status. 

3. Waiver Applicant: California 

Department of Education 

• Provision waived: 34 CFR 

200.37(b)(4)(iv). 

• Date waiver granted: November 6, 

2009. 

• Description of waiver: Permitted 

California’s LEAs to postpone notice of 

public school choice options beyond 14 

days before the start of the school year 

to parents of eligible children attending 

schools that are newly identified for 

improvement for the 2009–2010 school 

year or that made AYP in the previous 

year but did not exit improvement 

status. 

4. Waiver Applicant: Colorado 

Department of Education 

• Provision waived: 34 CFR 

200.37(b)(4)(iv). 

• Date waiver granted: August 11, 

2009. 

• Description of waiver: Permitted 

Colorado’s LEAs to postpone notice of 

public school choice options beyond 14 

days before the start of the school year 

to parents of eligible children attending 

schools that are newly identified for 

improvement for the 2009–2010 school 

year or that made AYP in the previous 

year but did not exit improvement 

status. 

5. Waiver Applicant: Idaho Department 

of Education 

• Provision waived: 34 CFR 

200.37(b)(4)(iv). 

• Date waiver granted: October 15, 

2009. 

• Description of waiver: Permitted 

Idaho’s LEAs to postpone notice of 

public school choice options beyond 14 

days before the start of the school year 

to parents of eligible children attending 

schools that are newly identified for 

improvement for the 2009–2010 school 

year or that made AYP in the previous 

year but did not exit improvement 

status. 

6. Waiver Applicant: Illinois State Board 

of Education 

• Provision waived: 34 CFR 

200.37(b)(4)(iv). 

• Date waiver granted: September 16, 

2009. 

• Description of waiver: Permitted 

Illinois’ LEAs to postpone notice of 

public school choice options beyond 14 

days before the start of the school year 

to parents of eligible children attending 

schools that are newly identified for 

improvement for the 2009–2010 school 

year or that made AYP in the previous 

year but did not exit improvement 

status. 

7. Waiver Applicant: Kentucky 

Department of Education 

• Provision waived: 34 CFR 

200.37(b)(4)(iv). 

• Date waiver granted: September 4, 

2009. 

• Description of waiver: Permitted 

Kentucky’s LEAs to postpone notice of 

public school choice options beyond 14 

days before the start of the school year 

to parents of eligible children attending 

schools that are newly identified for 

improvement for the 2009–2010 school 

year or that made AYP in the previous 

year but did not exit improvement 

status. 

8. Waiver Applicant: Louisiana 

Department of Education 

• Provision waived: 34 CFR 

200.37(b)(4)(iv). 

• Date waiver granted: August 27, 

2009. 

• Description of waiver: Permitted 

Louisiana’s LEAs to postpone notice of 

public school choice options beyond 14 

days before the start of the school year 

to parents of eligible children attending 

schools that are newly identified for 

improvement for the 2009–2010 school 

year or that made AYP in the previous 

year but did not exit improvement 

status. 

9. Waiver Applicant: Maine Department 

of Education 

• Provision waived: 34 CFR 

200.37(b)(4)(iv). 

• Date waiver granted: September 23, 

2009. 

• Description of waiver: Permitted 

Maine’s LEAs to postpone notice of 

public school choice options beyond 14 

days before the start of the school year 

to parents of eligible children attending 

schools that are newly identified for 

improvement for the 2009–2010 school 

year or that made AYP in the previous 

year but did not exit improvement 

status. 

10. Waiver Applicant: Massachusetts 

Department of Education 

• Provision waived: 34 CFR 

200.37(b)(4)(iv). 

• Date waiver granted: August 24, 

2009. 

• Description of waiver: Permitted 

Massachusetts’ LEAs to postpone notice 

of public school choice options beyond 

14 days before the start of the school 

year to parents of eligible children 

attending schools that are newly 

identified for improvement for the 

2009–2010 school year or that made 

AYP in the previous year but did not 

exit improvement status. 

11. Waiver Applicant: Missouri 

Department of Education 

• Provision waived: 34 CFR 

200.37(b)(4)(iv). 

• Date waiver granted: August 7, 

2009. 

• Description of waiver: Permitted 

Missouri’s LEAs to postpone notice of 

public school choice options beyond 14 

days before the start of the school year 

to parents of eligible children attending 

schools that are newly identified for 

improvement for the 2009–2010 school 

year or that made AYP in the previous 

year but did not exit improvement 

status. 


emcdonald on DSK2BSOYB1PROD with NOTICES2
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12. Waiver Applicant: New Jersey 

Department of Education 

• Provision waived: 34 CFR 

200.37(b)(4)(iv). 

• Date waiver granted: October 2, 

2009. 

• Description of waiver: Permitted 

New Jersey’s LEAs to postpone notice of 

public school choice options beyond 14 

days before the start of the school year 

to parents of eligible children attending 

schools that are newly identified for 

improvement for the 2009–2010 school 

year or that made AYP in the previous 

year but did not exit improvement 

status. 

13. Waiver Applicant: New Mexico 

Department of Education 

• Provision waived: 34 CFR 

200.37(b)(4)(iv). 

• Date waiver granted: August 31, 

2009. 

• Description of waiver: Permitted 

New Mexico’s LEAs to postpone notice 

of public school choice options beyond 

14 days before the start of the school 

year to parents of eligible children 

attending schools that are newly 

identified for improvement for the 

2009–2010 school year or that made 

AYP in the previous year but did not 

exit improvement status. 

14. Waiver Applicant: Oklahoma 

Department of Education 

• Provision waived: 34 CFR 

200.37(b)(4)(iv). 

• Date waiver granted: October 15, 

2009. 

• Description of waiver: Permitted 

Oklahoma’s LEAs to postpone notice of 

public school choice options beyond 14 

days before the start of the school year 

to parents of eligible children attending 

schools that are newly identified for 

improvement for the 2009–2010 school 

year or that made AYP in the previous 

year but did not exit improvement 

status. 

15. Waiver Applicant: Pennsylvania 

Department of Education 

• Provision waived: 34 CFR 

200.37(b)(4)(iv). 

• Date waiver granted: August 27, 

2009. 

• Description of waiver: Permitted 

Pennsylvania’s LEAs to postpone notice 

of public school choice options beyond 

14 days before the start of the school 

year to parents of eligible children 

attending schools that are newly 

identified for improvement for the 

2009–2010 school year or that made 

AYP in the previous year but did not 

exit improvement status. 

16. Waiver Applicant: Puerto Rico 

Department of Education 

• Provision waived: 34 CFR 

200.37(b)(4)(iv). 

• Date waiver granted: December 11, 

2009. 

• Description of waiver: Permitted 

Puerto Rico to postpone notice of public 

school choice options for some schools 

beyond 14 days before the start of the 

school year to parents of eligible 

children attending schools that are 

newly identified for improvement for 

the 2009–2010 school year or that made 

AYP in the previous year but did not 

exit improvement status. 

17. Waiver Applicant: South Carolina 

Department of Education 

• Provision waived: 34 CFR 

200.37(b)(4)(iv). 

• Date waiver granted: September 9, 

2009. 

• Description of waiver: Permitted 

South Carolina’s LEAs to postpone 

notice of public school choice options 

beyond 14 days before the start of the 

school year to parents of eligible 

children attending schools that are 

newly identified for improvement for 

the 2009–2010 school year or that made 

AYP in the previous year but did not 

exit improvement status. 

18. Waiver Applicant: Tennessee 

Department of Education 

• Provision waived: 34 CFR 

200.37(b)(4)(iv). 

• Date waiver granted: August 27, 

2009. 

• Description of waiver: Permitted 

Tennessee’s LEAs to postpone notice of 

public school choice options beyond 14 

days before the start of the school year 

to parents of eligible children attending 

schools that are newly identified for 

improvement for the 2009–2010 school 

year or that made AYP in the previous 

year but did not exit improvement 

status. 

19. Waiver Applicant: Utah State Office 

of Education 

• Provision waived: 34 CFR 

200.37(b)(4)(iv). 

• Date waiver granted: October 15, 

2009. 

• Description of waiver: Permitted 

Utah’s LEAs to postpone notice of 

public school choice options beyond 14 

days before the start of the school year 

to parents of eligible children attending 

schools that are newly identified for 

improvement for the 2009–2010 school 

year or that made AYP in the previous 

year but did not exit improvement 

status. 

20. Waiver Applicant: Virginia 

Department of Education 

• Provision waived: 34 CFR 

200.37(b)(4)(iv). 

• Date waiver granted: September 4, 

2009. 

• Description of waiver: Permitted 

Virginia’s LEAs to postpone notice of 

public school choice options beyond 14 

days before the start of the school year 

to parents of eligible children attending 

schools that are newly identified for 

improvement for the 2009–2010 school 

year or that made AYP in the previous 

year but did not exit improvement 

status. 

21. Waiver Applicant: Washington 

Department of Education 

• Provision waived: 34 CFR 

200.37(b)(4)(iv). 

• Date waiver granted: August 13, 

2009. 

• Description of waiver: Permitted 

Washington’s LEAs to postpone notice 

of public school choice options beyond 

14 days before the start of the school 

year to parents of eligible children 

attending schools that are newly 

identified for improvement for the 

2009–2010 school year or that made 

AYP in the previous year but did not 

exit improvement status. 

22. Waiver Applicant: West Virginia 

Department of Education 

• Provision waived: 34 CFR 

200.37(b)(4)(iv). 

• Date waiver granted: September 23, 

2009. 

• Description of waiver: Permitted 

West Virginia’s LEAs to postpone notice 

of public school choice options beyond 

14 days before the start of the school 

year to parents of eligible children 

attending schools that are newly 

identified for improvement for the 

2009–2010 school year or that made 

AYP in the previous year but did not 

exit improvement status. 

23. Waiver Applicant: Wyoming 

Department of Education 

• Provision waived: 34 CFR 

200.37(b)(4)(iv). 

• Date waiver granted: September 16, 

2009. 

• Description of waiver: Permitted 

Wyoming’s LEAs to postpone notice of 

public school choice options beyond 14 

days before the start of the school year 

to parents of eligible children attending 

schools that are newly identified for 

improvement for the 2009–2010 school 

year or that made AYP in the previous 

year but did not exit improvement 

status. 


emcdonald on DSK2BSOYB1PROD with NOTICES2
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XIII. Allowing SEAs To Approve 

Schools or LEAs in Need of 

Improvement To Become SES Providers 

1. Waiver Applicant: Alaska Department 

of Education 

• Provision waived: 34 CFR 

200.47(b)(1)(iv)(A) and (B). 

• Date waiver granted: August 13, 

2009. 

• Description of waiver: Permitted 

Alaska to approve a school or LEA 

identified for improvement, corrective 

action, or restructuring to serve as a 

provider of SES during the 2009–2010 

school year. 

2. Waiver Applicant: Arizona 

Department of Education 

• Provision waived: 34 CFR 

200.47(b)(1)(iv)(A) and (B). 

• Date waiver granted: September 16, 

2009. 

• Description of waiver: Permitted 

Arizona to approve a school or LEA 

identified for improvement, corrective 

action, or restructuring to serve as a 

provider of SES during the 2009–2010 

school year. 

3. Waiver Applicant: California 

Department of Education 

• Provision waived: 34 CFR 

200.47(b)(1)(iv)(A) and (B). 

• Date waiver granted: October 23, 

2009. 

• Description of waiver: Permitted 

California to approve a school or LEA 

identified for improvement, corrective 

action, or restructuring to serve as a 

provider of SES during the 2009–2010 

school year. 

4. Waiver Applicant: Colorado 

Department of Education 

• Provision waived: 34 CFR 

200.47(b)(1)(iv)(A) and (B). 

• Date waiver granted: August 11, 

2009. 

• Description of waiver: Permitted 

Colorado to approve a school or LEA 

identified for improvement, corrective 

action, or restructuring to serve as a 

provider of SES during the 2009–2010 

school year. 

5. Waiver Applicant: Connecticut 

Department of Education 

• Provision waived: 34 CFR 

200.47(b)(1)(iv)(A) and (B). 

• Date waiver granted: September 11, 

2009. 

• Description of waiver: Permitted 

Connecticut to approve a school or LEA 

identified for improvement, corrective 

action, or restructuring to serve as a 

provider of SES during the 2009–2010 

school year. 

6. Waiver Applicant: Florida 

Department of Education 

• Provision waived: 34 CFR 

200.47(b)(1)(iv)(A) and (B). 

• Date waiver granted: September 23, 

2009. 

• Description of waiver: Permitted 

Florida to approve a school or LEA 

identified for improvement, corrective 

action, or restructuring to serve as a 

provider of SES during the 2009–2010 

school year. 

7. Waiver Applicant: Georgia 

Department of Education 

• Provision waived: 34 CFR 

200.47(b)(1)(iv)(A) and (B). 

• Date waiver granted: August 13, 

2009. 

• Description of waiver: Permitted 

Georgia to approve a school or LEA 

identified for improvement, corrective 

action, or restructuring to serve as a 

provider of SES during the 2009–2010 

school year. 

8. Waiver Applicant: Idaho Department 

of Education 

• Provision waived: 34 CFR 

200.47(b)(1)(iv)(A) and (B). 

• Date waiver granted: October 15, 

2009. 

• Description of waiver: Permitted 

Idaho to approve a school or LEA 

identified for improvement, corrective 

action, or restructuring to serve as a 

provider of SES during the 2009–2010 

school year. 

9. Waiver Applicant: Illinois State Board 

of Education 

• Provision waived: 34 CFR 

200.47(b)(1)(iv)(A) and (B). 

• Date waiver granted: September 16, 

2009. 

• Description of waiver: Permitted 

Illinois to approve a school or LEA 

identified for improvement, corrective 

action, or restructuring to serve as a 

provider of SES during the 2009–2010 

school year. 

10. Waiver Applicant: Indiana 

Department of Education 

• Provision waived: 34 CFR 

200.47(b)(1)(iv)(A) and (B). 

• Date waiver granted: September 23, 

2009. 

• Description of waiver: Permitted 

Indiana to approve a school or LEA 

identified for improvement, corrective 

action, or restructuring to serve as a 

provider of SES during the 2009–2010 

school year. 

11. Waiver Applicant: Kentucky 

Department of Education 

• Provision waived: 34 CFR 

200.47(b)(1)(iv)(A) and (B). 

• Date waiver granted: September 4, 

2009. 

• Description of waiver: Permitted 

Kentucky to approve a school or LEA 

identified for improvement, corrective 

action, or restructuring to serve as a 

provider of SES during the 2009–2010 

school year. 

12. Waiver Applicant: Massachusetts 

Department of Education 

• Provision waived: 34 CFR 

200.47(b)(1)(iv)(A) and (B). 

• Date waiver granted: August 24, 

2009. 

• Description of waiver: Permitted 

Massachusetts to approve a school or 

LEA identified for improvement, 

corrective action, or restructuring to 

serve as a provider of SES during the 

2009–2010 school year. 

13. Waiver Applicant: Michigan 

Department of Education 

• Provision waived: 34 CFR 

200.47(b)(1)(iv)(A) and (B). 

• Date waiver granted: September 23, 

2009. 

• Description of waiver: Permitted 

Michigan to approve a school or LEA 

identified for improvement, corrective 

action, or restructuring to serve as a 

provider of SES during the 2009–2010 

school year. 

14. Waiver Applicant: Missouri 

Department of Education 

• Provision waived: 34 CFR 

200.47(b)(1)(iv)(A) and (B). 

• Date waiver granted: August 7, 

2009. 

• Description of waiver: Permitted 

Missouri to approve a school or LEA 

identified for improvement to serve as a 

provider of SES during the 2009–2010 

school year. 

15. Waiver Applicant: North Carolina 

Department of Public Instruction 

• Provision waived: 34 CFR 

200.47(b)(1)(iv)(A) and (B). 

• Date waiver granted: September 4, 

2009. 

• Description of waiver: Permitted 

North Carolina to approve a school or 

LEA identified for improvement, 

corrective action, or restructuring to 

serve as a provider of SES during the 

2009–2010 school year. 

16. Waiver Applicant: Nebraska 

Department of Education 

• Provision waived: 34 CFR 

200.47(b)(1)(iv)(A) and (B). 

• Date waiver granted: August 26, 

2009. 

• Description of waiver: Permitted 

Nebraska to approve a school or LEA 

identified for improvement, corrective 


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action, or restructuring to serve as a 

provider of SES during the 2009–2010 

school year. 

17. Waiver Applicant: New Mexico 

Department of Education 

• Provision waived: 34 CFR 

200.47(b)(1)(iv)(A) and (B). 

• Date waiver granted: August 31, 

2009. 

• Description of waiver: Permitted 

New Mexico to approve a school or LEA 

identified for improvement, corrective 

action, or restructuring to serve as a 

provider of SES during the 2009–2010 

school year. 

18. Waiver Applicant: Ohio Department 

of Education 

• Provision waived: 34 CFR 

200.47(b)(1)(iv)(A) and (B). 

• Date waiver granted: August 14, 

2009. 

• Description of waiver: Permitted 

Ohio to approve a school or LEA 

identified for improvement, corrective 

action, or restructuring to serve as a 

provider of SES during the 2009–2010 

school year. 

19. Waiver Applicant: Oklahoma 

Department of Education 

• Provision waived: 34 CFR 

200.47(b)(1)(iv)(A) and (B). 

• Date waiver granted: October 15, 

2009. 

• Description of waiver: Permitted 

Oklahoma to approve a school or LEA 

identified for improvement, corrective 

action, or restructuring to serve as a 

provider of SES during the 2009–2010 

school year. 

20. Waiver Applicant: Oregon 

Department of Education 

• Provision waived: 34 CFR 

200.47(b)(1)(iv)(A) and (B). 

• Date waiver granted: October 23, 

2009. 

• Description of waiver: Permitted 

Oregon to approve a school or LEA 

identified for improvement, corrective 

action, or restructuring to serve as a 

provider of SES during the 2009–2010 

school year. 

21. Waiver Applicant: Pennsylvania 

Department of Education 

• Provision waived: 34 CFR 

200.47(b)(1)(iv)(A) and (B). 

• Date waiver granted: August 27, 

2009. 

• Description of waiver: Permitted 

Pennsylvania to approve a school or 

LEA identified for improvement, 

corrective action, or restructuring to 

serve as a provider of SES during the 

2009–2010 school year. 

22. Waiver Applicant: Rhode Island 

Department of Education 

• Provision waived: 34 CFR 

200.47(b)(1)(iv)(A) and (B). 

• Date waiver granted: August 24, 

2009. 

• Description of waiver: Permitted 

Rhode Island to approve a school or 

LEA identified for improvement, 

corrective action, or restructuring to 

serve as a provider of SES during the 

2009–2010 school year. 

23. Waiver Applicant: South Carolina 

Department of Education 

• Provision waived: 34 CFR 

200.47(b)(1)(iv)(A) and (B). 

• Date waiver granted: September 9, 

2009. 

• Description of waiver: Permitted 

South Carolina to approve a school or 

LEA identified for improvement, 

corrective action, or restructuring to 

serve as a provider of SES during the 

2009–2010 school year. 

24. Waiver Applicant: South Dakota 

Department of Education 

• Provision waived: 34 CFR 

200.47(b)(1)(iv)(A) and (B). 

• Date waiver granted: August 14, 

2009. 

• Description of waiver: Permitted 

South Dakota to approve a school or 

LEA identified for improvement, 

corrective action, or restructuring to 

serve as a provider of SES during the 

2009–2010 school year. 

25. Waiver Applicant: Tennessee 

Department of Education 

• Provision waived: 34 CFR 

200.47(b)(1)(iv)(A) and (B). 

• Date waiver granted: August 27, 

2009. 

• Description of waiver: Permitted 

Tennessee to approve a school or LEA 

identified for improvement, corrective 

action, or restructuring to serve as a 

provider of SES during the 2009–2010 

school year. 

26. Waiver Applicant: Washington 

Department of Education 

• Provision waived: 34 CFR 

200.47(b)(1)(iv)(A) and (B). 

• Date waiver granted: August 13, 

2009. 

• Description of waiver: Permitted 

Washington to approve a school or LEA 

identified for improvement, corrective 

action, or restructuring to serve as a 

provider of SES during the 2009–2010 

school year. 

27. Waiver Applicant: Wisconsin 

Department of Public Instruction 

• Provision waived: 34 CFR 

200.47(b)(1)(iv)(A) and (B). 

• Date waiver granted: August 13, 

2009. 

• Description of waiver: Permitted 

Wisconsin to approve a school or LEA 

identified for improvement, corrective 

action, or restructuring to serve as a 

provider of SES during the 2009–2010 

school year. 

28. Waiver Applicant: Wyoming 

Department of Education 

• Provision waived: 34 CFR 

200.47(b)(1)(iv)(A) and (B). 

• Date waiver granted: September 16, 

2009. 

• Description of waiver: Permitted 

Wyoming to approve a school or LEA 

identified for improvement, corrective 

action, or restructuring to serve as a 

provider of SES during the 2009–2010 

school year. 

XIV. Allowing LEAs to Provide SES, in 

Addition to Public School Choice, to 

Eligible Students in Title I Schools in 

the First Year of School Improvement 

and Counting the Costs of Both Toward 

Meeting the LEA’s ‘‘20 Percent 

Obligation’’ 

New Applicants 

1. Waiver Applicant: Arizona 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48. 

• Date waiver granted: September 16, 

2009. 

• Description of waiver: For the 

2009–2010 school year, permitted LEAs 

in Arizona to offer SES, in addition to 

public school choice, to eligible 

students in Title I schools in the first 

year of school improvement and to 

count the costs of both toward meeting 

the LEA’s ‘‘20 percent obligation.’’ 

2. Waiver Applicant: California 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48. 

• Date waiver granted: December 11, 

2009. 

• Description of waiver: For the 

2009–2010 school year, permitted LEAs 

in California to offer SES, in addition to 

public school choice, to eligible 

students in Title I schools in the first 

year of school improvement and to 

count the costs of both toward meeting 

the LEA’s ‘‘20 percent obligation.’’ 

3. Waiver Applicant: Connecticut 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48. 

• Date waiver granted: September 11, 

2009. 


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• Description of waiver: For the 

2009–2010 school year, permitted LEAs 

in Connecticut to offer SES, in addition 

to public school choice, to eligible 

students in Title I schools in the first 

year of school improvement and to 

count the costs of both toward meeting 

the LEA’s ‘‘20 percent obligation.’’ 

4. Waiver Applicant: DC Office of the 

State Superintendent of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48. 

• Date waiver granted: October 15, 

2009. 

• Description of waiver: For the 

2009–2010 school year, permitted the 

District of Columbia LEAs to offer SES, 

in addition to public school choice, to 

eligible students in Title I schools in the 

first year of school improvement and to 

count the costs of both toward meeting 

the LEA’s ‘‘20 percent obligation.’’ 

5. Waiver Applicant: Idaho Department 

of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48. 

• Date waiver granted: October 15, 

2009. 

• Description of waiver: For the 

2009–2010 school year, permitted LEAs 

in Idaho to offer SES, in addition to 

public school choice, to eligible 

students in Title I schools in the first 

year of school improvement and to 

count the costs of both toward meeting 

the LEA’s ‘‘20 percent obligation.’’ 

6. Waiver Applicant: Iowa Department 

of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48. 

• Date waiver granted: August 31, 

2009. 

• Description of waiver: For the 

2009–2010 school year, permitted LEAs 

in Iowa to offer SES, in addition to 

public school choice, to eligible 

students in Title I schools in the first 

year of school improvement and to 

count the costs of both toward meeting 

the LEA’s ‘‘20 percent obligation.’’ 

7. Waiver Applicant: Kentucky 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48. 

• Date waiver granted: September 4, 

2009. 

• Description of waiver: For the 

2009–2010 school year, permitted LEAs 

in Kentucky to offer SES, in addition to 

public school choice, to eligible 

students in Title I schools in the first 

year of school improvement and to 

count the costs of both toward meeting 

the LEA’s ‘‘20 percent obligation.’’ 

8. Waiver Applicant: Maryland 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48. 

• Date waiver granted: November 2, 

2009. 

• Description of waiver: For the 

2009–2010 school year, permitted LEAs 

in Maryland to offer SES, in addition to 

public school choice, to eligible 

students in Title I schools in the first 

year of school improvement and to 

count the costs of both toward meeting 

the LEA’s ‘‘20 percent obligation.’’ 

9. Waiver Applicant: Massachusetts 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48. 

• Date waiver granted: August 24, 

2009. 

• Description of waiver: For the 

2009–2010 school year, permitted LEAs 

in Massachusetts to offer SES, in 

addition to public school choice, to 

eligible students in Title I schools in the 

first year of school improvement and to 

count the costs of both toward meeting 

the LEA’s ‘‘20 percent obligation.’’ 

10. Waiver Applicant: Michigan 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48. 

• Date waiver granted: September 23, 

2009. 

• Description of waiver: For the 

2009–2010 school year, permitted LEAs 

in Michigan to offer SES, in addition to 

public school choice, to eligible 

students in Title I schools in the first 

year of school improvement and to 

count the costs of both toward meeting 

the LEA’s ‘‘20 percent obligation.’’ 

11. Waiver Applicant: Missouri 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48. 

• Date waiver granted: August 7, 

2009. 

• Description of waiver: For the 

2009–2010 school year, permitted LEAs 

in Missouri to offer SES, in addition to 

public school choice, to eligible 

students in Title I schools in the first 

year of school improvement and to 

count the costs of both toward meeting 

the LEA’s ‘‘20 percent obligation.’’ 

12. Waiver Applicant: Nebraska 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48. 

• Date waiver granted: August 26, 

2009. 

• Description of waiver: For the 

2009–2010 school year, permitted LEAs 

in Nebraska to offer SES, in addition to 

public school choice, to eligible 

students in Title I schools in the first 

year of school improvement and to 

count the costs of both toward meeting 

the LEA’s ‘‘20 percent obligation.’’ 

13. Waiver Applicant: Nevada 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48. 

• Date waiver granted: October 8, 

2009. 

• Description of waiver: For the 

2009–2010 school year, permitted LEAs 

in Nevada to offer SES, in addition to 

public school choice, to eligible 

students in Title I schools in the first 

year of school improvement and to 

count the costs of both toward meeting 

the LEA’s ‘‘20 percent obligation.’’ 

14. Waiver Applicant: New Hampshire 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48. 

• Date waiver granted: September 23, 

2009. 

• Description of waiver: For the 

2009–2010 school year, permitted LEAs 

in New Hampshire to offer SES, in 

addition to public school choice, to 

eligible students in Title I schools in the 

first year of school improvement and to 

count the costs of both toward meeting 

the LEA’s ‘‘20 percent obligation.’’ 

15. Waiver Applicant: New Jersey 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48. 

• Date waiver granted: October 2, 

2009. 

• Description of waiver: For the 

2009–2010 school year, permitted LEAs 

in New Jersey to offer SES, in addition 

to public school choice, to eligible 

students in Title I schools in the first 

year of school improvement and to 

count the costs of both toward meeting 

the LEA’s ‘‘20 percent obligation.’’ 

16. Waiver Applicant: New Mexico 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48. 


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• Date waiver granted: August 31, 

2009. 

• Description of waiver: For the 

2009–2010 school year, permitted LEAs 

in New Mexico to offer SES, in addition 

to public school choice, to eligible 

students in Title I schools in the first 

year of school improvement and to 

count the costs of both toward meeting 

the LEA’s ‘‘20 percent obligation.’’ 

17. Waiver Applicant: Ohio Department 

of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48. 

• Date waiver granted: August 14, 

2009. 

• Description of waiver: For the 

2009–2010 school year, permitted LEAs 

in Ohio to offer SES, in addition to 

public school choice, to eligible 

students in Title I schools in the first 

year of school improvement and to 

count the costs of both toward meeting 

the LEA’s ‘‘20 percent obligation.’’ 

18. Waiver Applicant: Oklahoma 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48. 

• Date waiver granted: October 15, 

2009. 

• Description of waiver: For the 

2009–2010 school year, permitted LEAs 

in Oklahoma to offer SES, in addition to 

public school choice, to eligible 

students in Title I schools in the first 

year of school improvement and to 

count the costs of both toward meeting 

the LEA’s ‘‘20 percent obligation.’’ 

19. Waiver Applicant: Oregon 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48. 

• Date waiver granted: October 23, 

2009. 

• Description of waiver: For the 

2009–2010 school year, permitted LEAs 

in Oregon to offer SES, in addition to 

public school choice, to eligible 

students in Title I schools in the first 

year of school improvement and to 

count the costs of both toward meeting 

the LEA’s ‘‘20 percent obligation.’’ 

20. Waiver Applicant: Rhode Island 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48. 

• Date waiver granted: August 24, 

2009. 

• Description of waiver: For the 

2009–2010 school year, permitted LEAs 

in Rhode Island to offer SES, in addition 

to public school choice, to eligible 

students in Title I schools in the first 

year of school improvement and to 

count the costs of both toward meeting 

the LEA’s ‘‘20 percent obligation.’’ 

21. Waiver Applicant: South Carolina 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48. 

• Date waiver granted: September 9, 

2009. 

• Description of waiver: For the 

2009–2010 school year, permitted LEAs 

in South Carolina to offer SES, in 

addition to public school choice, to 

eligible students in Title I schools in the 

first year of school improvement and to 

count the costs of both toward meeting 

the LEA’s ‘‘20 percent obligation.’’ 

22. Waiver Applicant: Washington 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48. 

• Date waiver granted: August 31, 

2009. 

• Description of waiver: For the 

2009–2010 school year, permitted LEAs 

in Washington to offer SES, in addition 

to public school choice, to eligible 

students in Title I schools in the first 

year of school improvement and to 

count the costs of both toward meeting 

the LEA’s ‘‘20 percent obligation.’’ 

23. Waiver Applicant: West Virginia 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48. 

• Date waiver granted: August 24, 

2009. 

• Description of waiver: For the 

2009–2010 school year, permitted LEAs 

in West Virginia to offer SES, in 

addition to public school choice, to 

eligible students in Title I schools in the 

first year of school improvement and to 

count the costs of both toward meeting 

the LEA’s ‘‘20 percent obligation.’’ 

24. Waiver Applicant: Wisconsin 

Department of Public Instruction 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48. 

• Date waiver granted: August 13, 

2009. 

• Description of waiver: For the 

2009–2010 school year, permitted LEAs 

in Wisconsin to offer SES, in addition 

to public school choice, to eligible 

students in Title I schools in the first 

year of school improvement and to 

count the costs of both toward meeting 

the LEA’s ‘‘20 percent obligation.’’ 

25. Waiver Applicant: Wyoming 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48. 

• Date waiver granted: September 16, 

2009. 

• Description of waiver: For the 

2009–2010 school year, permitted LEAs 

in Wyoming to offer SES, in addition to 

public school choice, to eligible 

students in Title I schools in the first 

year of school improvement and to 

count the costs of both toward meeting 

the LEA’s ‘‘20 percent obligation.’’ 

Continuation Applicants 

1. Waiver Applicant: Alabama 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48. 

• Date waiver granted: September 16, 

2009. 

• Description of waiver: For the 

2009–2010 school year, permitted LEAS 

in Alabama to offer SES, in addition to 

public school choice, to eligible 

students in Title I schools in the first 

year of school improvement and to 

count the costs of both toward meeting 

the LEA’s ‘‘20 percent obligation.’’ 

2. Waiver Applicant: Alaska Department 

of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48. 

• Date waiver granted: September 16, 

2009. 

• Description of waiver: For the 

2009–2010 school year, permitted LEAs 

in Alaska to offer SES, in addition to 

public school choice, to eligible 

students in Title I schools in the first 

year of school improvement and to 

count the costs of both toward meeting 

the LEA’s ‘‘20 percent obligation.’’ 

3. Waiver Applicant: North Carolina 

Department of Public Instruction 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48. 

• Date waiver granted: September 16, 

2009. 

• Description of waiver: For the 

2009–2010 school year, permitted LEAs 

in North Carolina to offer SES, in 

addition to public school choice, to 

eligible students in Title I schools in the 

first year of school improvement and to 

count the costs of both toward meeting 

the LEA’s ‘‘20 percent obligation.’’ 


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4. Waiver Applicant: Tennessee 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48. 

• Date waiver granted: September 16, 

2009. 

• Description of waiver: For the 

2009–2010 school year, permitted LEAs 

in Tennessee to offer SES, in addition to 

public school choice, to eligible 

students in Title I schools in the first 

year of school improvement and to 

count the costs of both toward meeting 

the LEA’s ‘‘20 percent obligation.’’ 

5. Waiver Applicant: Utah Department 

of Public Instruction 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48. 

• Date waiver granted: September 16, 

2009. 

• Description of waiver: For the 

2009–2010 school year, permitted LEAs 

in Utah to offer SES, in addition to 

public school choice, to eligible 

students in Title I schools in the first 

year of school improvement and to 

count the costs of both toward meeting 

the LEA’s ‘‘20 percent obligation.’’ 

6. Waiver Applicant: Virginia 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48. 

• Date waiver granted: September 16, 

2009. 

• Description of waiver: For the 

2009–2010 school year, permitted LEAs 

in Virginia to offer SES, in addition to 

public school choice, to eligible 

students in Title I schools in the first 

year of school improvement and to 

count the costs of both toward meeting 

the LEA’s ‘‘20 percent obligation.’’ 

XV. Waivers Related to Title I, Part A 

Funding Provided Under ARRA 

A. Allowing an LEA To Exclude Its Title 

I, Part A Allocation Received Under 

ARRA When Calculating Its Obligation 

to Spend the Equivalent of 20 Percent of 

Title I, Part A Funds for Public School 

Choice-Related Transportation and SES 

1. Waiver Applicant: Alabama 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48(a)(2). 

• Date waiver granted: August 14, 

2009. 

• Description of waiver: Allows LEAs 

in Alabama to exclude all or part of the 

Title I, Part A ARRA funds when 

calculating their obligation to spend at 

least the equivalent of 20 percent of 

their fiscal year 2009 Title I, Part A 

funds for public school choice-related 

transportation and SES. 

2. Waiver Applicant: Alaska Department 

of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48(a)(2). 

• Date waiver granted: August 13, 

2009. 

• Description of waiver: Allows LEAs 

in Alaska to exclude all or part of the 

Title I, Part A ARRA funds when 

calculating their obligation to spend at 

least the equivalent of 20 percent of 

their fiscal year 2009 Title I, Part A 

funds for public school choice-related 

transportation and SES. 

3. Waiver Applicant: Arizona 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48(a)(2). 

• Date waiver granted: September 16, 

2009. 

• Description of waiver: Allows LEAs 

in Arizona to exclude all or part of the 

Title I, Part A ARRA funds when 

calculating their obligation to spend at 

least the equivalent of 20 percent of 

their fiscal year 2009 Title I, Part A 

funds for public school choice-related 

transportation and SES. 

4. Waiver Applicant: Arkansas 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48(a)(2). 

• Date waiver granted: October 23, 

2009. 

• Description of waiver: Allows LEAs 

in Arkansas to exclude all or part of the 

Title I, Part A ARRA funds when 

calculating their obligation to spend at 

least the equivalent of 20 percent of 

their fiscal year 2009 Title I, Part A 

funds for public school choice-related 

transportation and SES. 

5. Waiver Applicant: California 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48(a)(2). 

• Date waiver granted: December 11, 

2009. 

• Description of waiver: Allows LEAs 

in California to exclude all or part of the 

Title I, Part A ARRA funds when 

calculating their obligation to spend at 

least the equivalent of 20 percent of 

their fiscal year 2009 Title I, Part A 

funds for public school choice-related 

transportation and SES. 

6. Waiver Applicant: Colorado 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48(a)(2). 

• Date waiver granted: August 13, 

2009. 

• Description of waiver: Allows LEAs 

in Colorado to exclude all or part of the 

Title I, Part A ARRA funds when 

calculating their obligation to spend at 

least the equivalent of 20 percent of 

their fiscal year 2009 Title I, Part A 

funds for public school choice-related 

transportation and SES. 

7. Waiver Applicant: Connecticut 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48(a)(2). 

• Date waiver granted: September 11, 

2009. 

• Description of waiver: Allows LEAs 

in Connecticut to exclude all or part of 

the Title I, Part A ARRA funds when 

calculating their obligation to spend at 

least the equivalent of 20 percent of 

their fiscal year 2009 Title I, Part A 

funds for public school choice-related 

transportation and SES. 

8. Waiver Applicant: DC Office of the 

State Superintendent of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48(a)(2). 

• Date waiver granted: October 15, 

2009. 

• Description of waiver: Allows the 

District of Columbia LEA to exclude all 

or part of the Title I, Part A ARRA funds 

when calculating their obligation to 

spend at least the equivalent of 20 

percent of its fiscal year 2009 Title I, 

Part A funds for public school choicerelated transportation and SES. 

9. Waiver Applicant: Florida 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48(a)(2). 

• Date waiver granted: September 23, 

2009. 

• Description of waiver: Allows LEAs 

in Florida to exclude all or part of the 

Title I, Part A ARRA funds when 

calculating their obligation to spend at 

least the equivalent of 20 percent of 

their fiscal year 2009 Title I, Part A 

funds for public school choice-related 

transportation and SES. 

10. Waiver Applicant: Georgia 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48(a)(2). 


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• Date waiver granted: August 13, 

2009. 

• Description of waiver: Allows LEAs 

in Georgia to exclude all or part of the 

Title I, Part A ARRA funds when 

calculating their obligation to spend at 

least the equivalent of 20 percent of 

their fiscal year 2009 Title I, Part A 

funds for public school choice-related 

transportation and SES. 

11. Waiver Applicant: Hawaii 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48(a)(2). 

• Date waiver granted: November 2, 

2009. 

• Description of waiver: Allows the 

LEA in Hawaii to exclude all or part of 

the Title I, Part A ARRA funds when 

calculating their obligation to spend at 

least the equivalent of 20 percent of its 

fiscal year 2009 Title I, Part A funds for 

public school choice-related 

transportation and SES. 

12. Waiver Applicant: Idaho Department 

of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48(a)(2). 

• Date waiver granted: October 15, 

2009. 

• Description of waiver: Allows LEAs 

in Idaho to exclude all or part of the 

Title I, Part A ARRA funds when 

calculating their obligation to spend at 

least the equivalent of 20 percent of 

their fiscal year 2009 Title I, Part A 

funds for public school choice-related 

transportation and SES. 

13. Waiver Applicant: Illinois State 

Board of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48(a)(2). 

• Date waiver granted: September 16, 

2009. 

• Description of waiver: Allows LEAs 

in Illinois to exclude all or part of the 

Title I, Part A ARRA funds when 

calculating their obligation to spend at 

least the equivalent of 20 percent of 

their fiscal year 2009 Title I, Part A 

funds for public school choice-related 

transportation and SES. 

14. Waiver Applicant: Indiana 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48(a)(2). 

• Date waiver granted: September 23, 

2009. 

• Description of waiver: Allows LEAs 

in Indiana to exclude all or part of the 

Title I, Part A ARRA funds when 

calculating their obligation to spend at 

least the equivalent of 20 percent of 

their fiscal year 2009 Title I, Part A 

funds for public school choice-related 

transportation and SES. 

15. Waiver Applicant: Iowa Department 

of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48(a)(2). 

• Date waiver granted: August 31, 

2009. 

• Description of waiver: Allows LEAs 

in Iowa to exclude all or part of the Title 

I, Part A ARRA funds when calculating 

their obligation to spend at least the 

equivalent of 20 percent of their fiscal 

year 2009 Title I, Part A funds for public 

school choice-related transportation and 

SES. 

16. Waiver Applicant: Kentucky 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48(a)(2). 

• Date waiver granted: September 4, 

2009. 

• Description of waiver: Allows LEAs 

in Kentucky to exclude all or part of the 

Title I, Part A ARRA funds when 

calculating their obligation to spend at 

least the equivalent of 20 percent of 

their fiscal year 2009 Title I, Part A 

funds for public school choice-related 

transportation and SES. 

17. Waiver Applicant: Louisiana 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48(a)(2). 

• Date waiver granted: August 27, 

2009. 

• Description of waiver: Allows LEAs 

in Louisiana to exclude all or part of the 

Title I, Part A ARRA funds when 

calculating their obligation to spend at 

least the equivalent of 20 percent of 

their fiscal year 2009 Title I, Part A 

funds for public school choice-related 

transportation and SES. 

18. Waiver Applicant: Maine 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48(a)(2). 

• Date waiver granted: September 23, 

2009. 

• Description of waiver: Allows LEAs 

in Maine to exclude all or part of the 

Title I, Part A ARRA funds when 

calculating their obligation to spend at 

least the equivalent of 20 percent of 

their fiscal year 2009 Title I, Part A 

funds for public school choice-related 

transportation and SES. 

19. Waiver Applicant: Maryland 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48(a)(2). 

• Date waiver granted: November 2, 

2009. 

• Description of waiver: Allows LEAs 

in Maryland to exclude all or part of the 

Title I, Part A ARRA funds when 

calculating their obligation to spend at 

least the equivalent of 20 percent of 

their fiscal year 2009 Title I, Part A 

funds for public school choice-related 

transportation and SES. 

20. Waiver Applicant: Massachusetts 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48(a)(2). 

• Date waiver granted: August 24, 

2009. 

• Description of waiver: Allows LEAs 

in Massachusetts to exclude all or part 

of the Title I, Part A ARRA funds when 

calculating their obligation to spend at 

least the equivalent of 20 percent of 

their fiscal year 2009 Title I, Part A 

funds for public school choice-related 

transportation and SES. 

21. Waiver Applicant: Michigan 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48(a)(2). 

• Date waiver granted: September 23, 

2009. 

• Description of waiver: Allows LEAs 

in Michigan to exclude all or part of the 

Title I, Part A ARRA funds when 

calculating their obligation to spend at 

least the equivalent of 20 percent of 

their fiscal year 2009 Title I, Part A 

funds for public school choice-related 

transportation and SES. 

22. Waiver Applicant: Missouri 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48(a)(2). 

• Date waiver granted: August 7, 

2009. 

• Description of waiver: Allows LEAs 

in Missouri to exclude all or part of the 

Title I, Part A ARRA funds when 

calculating their obligation to spend at 

least the equivalent of 20 percent of 

their fiscal year 2009 Title I, Part A 

funds for public school choice-related 

transportation and SES. 

23. Waiver Applicant: Nebraska 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48(a)(2). 


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• Date waiver granted: August 26, 

2009. 

• Description of waiver: Allows LEAs 

in Nebraska to exclude all or part of the 

Title I, Part A ARRA funds when 

calculating their obligation to spend at 

least the equivalent of 20 percent of 

their fiscal year 2009 Title I, Part A 

funds for public school choice-related 

transportation and SES. 

24. Waiver Applicant: Nevada 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48(a)(2). 

• Date waiver granted: October 8, 

2009. 

• Description of waiver: Allows LEAs 

in Nevada to exclude all or part of the 

Title I, Part A ARRA funds when 

calculating their obligation to spend at 

least the equivalent of 20 percent of 

their fiscal year 2009 Title I, Part A 

funds for public school choice-related 

transportation and SES. 

25. Waiver Applicant: New Hampshire 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48(a)(2). 

• Date waiver granted: September 23, 

2009. 

• Description of waiver: Allows LEAs 

in New Hampshire to exclude all or part 

of the Title I, Part A ARRA funds when 

calculating their obligation to spend at 

least the equivalent of 20 percent of 

their fiscal year 2009 Title I, Part A 

funds for public school choice-related 

transportation and SES. 

26. Waiver Applicant: New Jersey 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48(a)(2). 

• Date waiver granted: October 2, 

2009. 

• Description of waiver: Allows LEAs 

in New Jersey to exclude all or part of 

the Title I, Part A ARRA funds when 

calculating their obligation to spend at 

least the equivalent of 20 percent of 

their fiscal year 2009 Title I, Part A 

funds for public school choice-related 

transportation and SES. 

27. Waiver Applicant: New Mexico 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48(a)(2). 

• Date waiver granted: August 31, 

2009. 

• Description of waiver: Allows LEAs 

in New Mexico to exclude all or part of 

the Title I, Part A ARRA funds when 

calculating their obligation to spend at 

least the equivalent of 20 percent of 

their fiscal year 2009 Title I, Part A 

funds for public school choice-related 

transportation and SES. 

28. Waiver Applicant: North Carolina 

Department of Public Instruction 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48(a)(2). 

• Date waiver granted: September 4, 

2009. 

• Description of waiver: Allows LEAs 

in North Carolina to exclude all or part 

of the Title I, Part A ARRA funds when 

calculating their obligation to spend at 

least the equivalent of 20 percent of 

their fiscal year 2009 Title I, Part A 

funds for public school choice-related 

transportation and SES. 

29. Waiver Applicant: North Dakota 

Department of Public Instruction 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48(a)(2). 

• Date waiver granted: October 2, 

2009. 

• Description of waiver: Allows LEAs 

in North Dakota to exclude all or part 

of the Title I, Part A ARRA funds when 

calculating their obligation to spend at 

least the equivalent of 20 percent of 

their fiscal year 2009 Title I, Part A 

funds for public school choice-related 

transportation and SES. 

30. Waiver Applicant: Ohio Department 

of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48(a)(2). 

• Date waiver granted: August 14, 

2009. 

• Description of waiver: Allows LEAs 

in Ohio to exclude all or part of the Title 

I, Part A ARRA funds when calculating 

their obligation to spend at least the 

equivalent of 20 percent of their fiscal 

year 2009 Title I, Part A funds for public 

school choice-related transportation and 

SES. 

31. Waiver Applicant: Oklahoma 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48(a)(2). 

• Date waiver granted: October 15, 

2009. 

• Description of waiver: Allows LEAs 

in Oklahoma to exclude all or part of the 

Title I, Part A ARRA funds when 

calculating their obligation to spend at 

least the equivalent of 20 percent of 

their fiscal year 2009 Title I, Part A 

funds for public school choice-related 

transportation and SES. 

32. Waiver Applicant: Oregon 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48(a)(2). 

• Date waiver granted: October 23, 

2009. 

• Description of waiver: Allows LEAs 

in Oregon to exclude all or part of the 

Title I, Part A ARRA funds when 

calculating their obligation to spend at 

least the equivalent of 20 percent of 

their fiscal year 2009 Title I, Part A 

funds for public school choice-related 

transportation and SES. 

33. Waiver Applicant: Pennsylvania 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48(a)(2). 

• Date waiver granted: August 27, 

2009. 

• Description of waiver: Allows LEAs 

in Pennsylvania to exclude all or part of 

the Title I, Part A ARRA funds when 

calculating their obligation to spend at 

least the equivalent of 20 percent of 

their fiscal year 2009 Title I, Part A 

funds for public school choice-related 

transportation and SES. 

34. Waiver Applicant: Rhode Island 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48(a)(2). 

• Date waiver granted: August 24, 

2009. 

• Description of waiver: Allows LEAs 

in Rhode Island to exclude all or part of 

the Title I, Part A ARRA funds when 

calculating their obligation to spend at 

least the equivalent of 20 percent of 

their fiscal year 2009 Title I, Part A 

funds for public school choice-related 

transportation and SES. 

35. Waiver Applicant: South Carolina 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48(a)(2). 

• Date waiver granted: September 9, 

2009. 

• Description of waiver: Allows LEAs 

in South Carolina to exclude all or part 

of the Title I, Part A ARRA funds when 

calculating their obligation to spend at 

least the equivalent of 20 percent of 

their fiscal year 2009 Title I, Part A 

funds for public school choice-related 

transportation and SES. 

36. Waiver Applicant: South Dakota 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48(a)(2). 


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• Date waiver granted: August 14, 

2009. 

• Description of waiver: Allows LEAs 

in South Dakota to exclude all or part 

of the Title I, Part A ARRA funds when 

calculating their obligation to spend at 

least the equivalent of 20 percent of 

their fiscal year 2009 Title I, Part A 

funds for public school choice-related 

transportation and SES. 

37. Waiver Applicant: Tennessee 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48(a)(2). 

• Date waiver granted: August 27, 

2009. 

• Description of waiver: Allows LEAs 

in Tennessee to exclude all or part of 

the Title I, Part A ARRA funds when 

calculating their obligation to spend at 

least the equivalent of 20 percent of 

their fiscal year 2009 Title I, Part A 

funds for public school choice-related 

transportation and SES. 

38. Waiver Applicant: Virginia 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48(a)(2). 

• Date waiver granted: October 8, 

2009. 

• Description of waiver: Allows LEAs 

in Virginia to exclude all or part of the 

Title I, Part A ARRA funds when 

calculating their obligation to spend at 

least the equivalent of 20 percent of 

their fiscal year 2009 Title I, Part A 

funds for public school choice-related 

transportation and SES. 

39. Waiver Applicant: Washington 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48(a)(2). 

• Date waiver granted: August 13, 

2009. 

• Description of waiver: Allows LEAs 

in Washington to exclude all or part of 

the Title I, Part A ARRA funds when 

calculating their obligation to spend at 

least the equivalent of 20 percent of 

their fiscal year 2009 Title I, Part A 

funds for public school choice-related 

transportation and SES. 

40. Waiver Applicant: West Virginia 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48(a)(2). 

• Date waiver granted: August 24, 

2009. 

• Description of waiver: Allows LEAs 

in West Virginia to exclude all or part 

of the Title I, Part A ARRA funds when 

calculating their obligation to spend at 

least the equivalent of 20 percent of 

their fiscal year 2009 Title I, Part A 

funds for public school choice-related 

transportation and SES. 

41. Waiver Applicant: Wisconsin 

Department of Public Instruction 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48(a)(2). 

• Date waiver granted: August 13, 

2009. 

• Description of waiver: Allows LEAs 

in Wisconsin to exclude all or part of 

the Title I, Part A ARRA funds when 

calculating their obligation to spend at 

least the equivalent of 20 percent of 

their fiscal year 2009 Title I, Part A 

funds for public school choice-related 

transportation and SES. 

42. Waiver Applicant: Wyoming 

Department of Education 

• Provisions waived: Section 

1116(b)(10) of the ESEA and 34 CFR 

200.48(a)(2). 

• Date waiver granted: September 16, 

2009. 

• Description of waiver: Allows LEAs 

in Wyoming to exclude all or part of the 

Title I, Part A ARRA funds when 

calculating their obligation to spend at 

least the equivalent of 20 percent of 

their fiscal year 2009 Title I, Part A 

funds for public school choice-related 

transportation and SES. 

B. Allowing an LEA and/or a School to 

Exclude its Title I, Part A Allocation 

Received Under ARRA When 

Calculating Its Obligation to Spend 10 

Percent of Title I, Part A Funds for 

Professional Development 

1. Waiver Applicant: Alabama 

Department of Education 

• Provisions waived: Sections 

1116(c)(7)(A)(iii) and 1116(b)(3)(A)(iii) 

of the ESEA, and 34 CFR 

200.52(a)(3)(iii) and 34 CFR 

200.41(c)(5). 

• Date waiver granted: August 14, 

2009. 

• Description of waiver: Allows LEAs 

and schools in Alabama that are in 

improvement, corrective action, or 

restructuring status to exclude all or 

part of the Title I, Part A ARRA funds 

when calculating their obligation to 

spend at least 10 percent of fiscal year 

2009 Title I, Part A funds for 

professional development. 

2. Waiver Applicant: Alaska Department 

of Education 

• Provisions waived: Sections 

1116(c)(7)(A)(iii) and 1116(b)(3)(A)(iii) 

of the ESEA, and 34 CFR 

200.52(a)(3)(iii) and 34 CFR 

200.41(c)(5). 

• Date waiver granted: August 13, 

2009. 

• Description of waiver: Allows LEAs 

and schools in Alaska that are in 

improvement, corrective action, or 

restructuring status to exclude all or 

part of the Title I, Part A ARRA funds 

when calculating their obligation to 

spend at least 10 percent of fiscal year 

2009 Title I, Part A funds for 

professional development. 

3. Waiver Applicant: Arizona 

Department of Education 

• Provisions waived: Sections 

1116(c)(7)(A)(iii) and 1116(b)(3)(A)(iii) 

of the ESEA, and 34 CFR 

200.52(a)(3)(iii) and 34 CFR 

200.41(c)(5). 

• Date waiver granted: September 16, 

2009. 

• Description of waiver: Allows LEAs 

and schools in Arizona that are in 

improvement, corrective action, or 

restructuring status to exclude all or 

part of the Title I, Part A ARRA funds 

when calculating their obligation to 

spend at least 10 percent of fiscal year 

2009 Title I, Part A funds for 

professional development. 

4. Waiver Applicant: Arkansas 

Department of Education 

• Provisions waived: Sections 

1116(c)(7)(A)(iii) and 1116(b)(3)(A)(iii) 

of the ESEA, and 34 CFR 

200.52(a)(3)(iii) and 34 CFR 

200.41(c)(5). 

• Date waiver granted: October 23, 

2009. 

• Description of waiver: Allows LEAs 

and schools in Arkansas that are in 

improvement, corrective action, or 

restructuring status to exclude all or 

part of the Title I, Part A ARRA funds 

when calculating their obligation to 

spend at least 10 percent of fiscal year 

2009 Title I, Part A funds for 

professional development. 

5. Waiver Applicant: California 

Department of Education 

• Provisions waived: Sections 

1116(c)(7)(A)(iii) and 1116(b)(3)(A)(iii) 

of the ESEA, and 34 CFR 

200.52(a)(3)(iii) and 34 CFR 

200.41(c)(5). 

• Date waiver granted: December 11, 

2009. 

• Description of waiver: Allows LEAs 

and schools in California that are in 

improvement, corrective action, or 

restructuring status to exclude all or 

part of the Title I, Part A ARRA funds 

when calculating their obligation to 

spend at least 10 percent of fiscal year 


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2009 Title I, Part A funds for 

professional development. 

6. Waiver Applicant: Colorado 

Department of Education 

• Provisions waived: Sections 

1116(c)(7)(A)(iii) and 1116(b)(3)(A)(iii) 

of the ESEA, and 34 CFR 

200.52(a)(3)(iii) and 34 CFR 

200.41(c)(5). 

• Date waiver granted: August 11, 

2009. 

• Description of waiver: Allows LEAs 

and schools in Colorado that are in 

improvement, corrective action, or 

restructuring status to exclude all or 

part of the Title I, Part A ARRA funds 

when calculating their obligation to 

spend at least 10 percent of fiscal year 

2009 Title I, Part A funds for 

professional development. 

7. Waiver Applicant: Connecticut 

Department of Education 

• Provisions waived: Sections 

1116(c)(7)(A)(iii) and 1116(b)(3)(A)(iii) 

of the ESEA, and 34 CFR 

200.52(a)(3)(iii) and 34 CFR 

200.41(c)(5). 

• Date waiver granted: September 11, 

2009. 

• Description of waiver: Allows LEAs 

and schools in Connecticut that are in 

improvement, corrective action, or 

restructuring status to exclude all or 

part of the Title I, Part A ARRA funds 

when calculating their obligation to 

spend at least 10 percent of fiscal year 

2009 Title I, Part A funds for 

professional development. 

8. Waiver Applicant: DC Office of the 

State Superintendent of Education 

• Provisions waived: Sections 

1116(c)(7)(A)(iii) and 1116(b)(3)(A)(iii) 

of the ESEA, and 34 CFR 

200.52(a)(3)(iii) and 34 CFR 

200.41(c)(5). 

• Date waiver granted: October 15, 

2009. 

• Description of waiver: Allows the 

LEA and schools in the District of 

Columbia that are in improvement, 

corrective action, or restructuring status 

to exclude all or part of the Title I, Part 

A ARRA funds when calculating their 

obligation to spend at least 10 percent 

of fiscal year 2009 Title I, Part A funds 

for professional development. 

9. Waiver Applicant: Florida 

Department of Education 

• Provisions waived: Sections 

1116(c)(7)(A)(iii) and 1116(b)(3)(A)(iii) 

of the ESEA, and 34 CFR 

200.52(a)(3)(iii) and 34 CFR 

200.41(c)(5). 

• Date waiver granted: September 23, 

2009. 

• Description of waiver: Allows LEAs 

and schools in Florida that are in 

improvement, corrective action, or 

restructuring status to exclude all or 

part of the Title I, Part A ARRA funds 

when calculating their obligation to 

spend at least 10 percent of fiscal year 

2009 Title I, Part A funds for 

professional development. 

10. Waiver Applicant: Georgia 

Department of Education 

• Provisions waived: Sections 

1116(c)(7)(A)(iii) and 1116(b)(3)(A)(iii) 

of the ESEA, and 34 CFR 

200.52(a)(3)(iii) and 34 CFR 

200.41(c)(5). 

• Date waiver granted: August 13, 

2009. 

• Description of waiver: Allows LEAs 

and schools in Georgia that are in 

improvement, corrective action, or 

restructuring status to exclude all or 

part of the Title I, Part A ARRA funds 

when calculating their obligation to 

spend at least 10 percent of fiscal year 

2009 Title I, Part A funds for 

professional development. 

11. Waiver Applicant: Idaho Department 

of Education 

• Provisions waived: Sections 

1116(c)(7)(A)(iii) and 1116(b)(3)(A)(iii) 

of the ESEA, and 34 CFR 

200.52(a)(3)(iii) and 34 CFR 

200.41(c)(5). 

• Date waiver granted: October 15, 

2009. 

• Description of waiver: Allows LEAs 

and schools in Idaho that are in 

improvement, corrective action, or 

restructuring status to exclude all or 

part of the Title I, Part A ARRA funds 

when calculating their obligation to 

spend at least 10 percent of fiscal year 

2009 Title I, Part A funds for 

professional development. 

12. Waiver Applicant: Illinois State 

Board of Education 

• Provisions waived: Sections 

1116(c)(7)(A)(iii) and 1116(b)(3)(A)(iii) 

of the ESEA, and 34 CFR 

200.52(a)(3)(iii) and 34 CFR 

200.41(c)(5). 

• Date waiver granted: September 16, 

2009. 

• Description of waiver: Allows LEAs 

and schools in Illinois that are in 

improvement, corrective action, or 

restructuring status to exclude all or 

part of the Title I, Part A ARRA funds 

when calculating their obligation to 

spend at least 10 percent of fiscal year 

2009 Title I, Part A funds for 

professional development. 

13. Waiver Applicant: Indiana 

Department of Education 

• Provisions waived: Sections 

1116(c)(7)(A)(iii) and 1116(b)(3)(A)(iii) 

of the ESEA, and 34 CFR 

200.52(a)(3)(iii) and 34 CFR 

200.41(c)(5). 

• Date waiver granted: September 23, 

2009. 

• Description of waiver: Allows LEAs 

and schools in Indiana that are in 

improvement, corrective action, or 

restructuring status to exclude all or 

part of the Title I, Part A ARRA funds 

when calculating their obligation to 

spend at least 10 percent of fiscal year 

2009 Title I, Part A funds for 

professional development. 

14. Waiver Applicant: Iowa Department 

of Education 

• Provisions waived: Sections 

1116(c)(7)(A)(iii) and 1116(b)(3)(A)(iii) 

of the ESEA, and 34 CFR 

200.52(a)(3)(iii) and 34 CFR 

200.41(c)(5). 

• Date waiver granted: August 31, 

2009. 

• Description of waiver: Allows LEAs 

and schools in Iowa that are in 

improvement, corrective action, or 

restructuring status to exclude all or 

part of the Title I, Part A ARRA funds 

when calculating their obligation to 

spend at least 10 percent of fiscal year 

2009 Title I, Part A funds for 

professional development. 

15. Waiver Applicant: Kentucky 

Department of Education 

• Provisions waived: Sections 

1116(c)(7)(A)(iii) and 1116(b)(3)(A)(iii) 

of the ESEA, and 34 CFR 

200.52(a)(3)(iii) and 34 CFR 

200.41(c)(5). 

• Date waiver granted: September 4, 

2009. 

• Description of waiver: Allows LEAs 

and schools in Kentucky that are in 

improvement, corrective action, or 

restructuring status to exclude all or 

part of the Title I, Part A ARRA funds 

when calculating their obligation to 

spend at least 10 percent of fiscal year 

2009 Title I, Part A funds for 

professional development. 

16. Waiver Applicant: Louisiana 

Department of Education 

• Provisions waived: Sections 

1116(c)(7)(A)(iii) and 1116(b)(3)(A)(iii) 

of the ESEA, and 34 CFR 

200.52(a)(3)(iii) and 34 CFR 

200.41(c)(5). 

• Date waiver granted: August 27, 

2009. 

• Description of waiver: Allows LEAs 

and schools in Louisiana that are in 

improvement, corrective action, or 


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restructuring status to exclude all or 

part of the Title I, Part A ARRA funds 

when calculating their obligation to 

spend at least 10 percent of fiscal year 

2009 Title I, Part A funds for 

professional development. 

17. Waiver Applicant: Maine 

Department of Education 

• Provisions waived: Sections 

1116(c)(7)(A)(iii) and 1116(b)(3)(A)(iii) 

of the ESEA, and 34 CFR 

200.52(a)(3)(iii) and 34 CFR 

200.41(c)(5). 

• Date waiver granted: September 23, 

2009. 

• Description of waiver: Allows LEAs 

and schools in Maine that are in 

improvement, corrective action, or 

restructuring status to exclude all or 

part of the Title I, Part A ARRA funds 

when calculating their obligation to 

spend at least 10 percent of fiscal year 

2009 Title I, Part A funds for 

professional development. 

18. Waiver Applicant: Maryland 

Department of Education 

• Provisions waived: Sections 

1116(c)(7)(A)(iii) of the ESEA and 34 

CFR 200.52(a)(3)(iii). 

• Date waiver granted: November 2, 

2009. 

• Description of waiver: Allows LEAs 

in Maryland that are in improvement, 

corrective action, or restructuring status 

to exclude all or part of the Title I, Part 

A ARRA funds when calculating their 

obligation to spend at least 10 percent 

of fiscal year 2009 Title I, Part A funds 

for professional development. 

19. Waiver Applicant: Massachusetts 

Department of Education 

• Provisions waived: Sections 

1116(c)(7)(A)(iii) and 1116(b)(3)(A)(iii) 

of the ESEA, and 34 CFR 

200.52(a)(3)(iii) and 34 CFR 

200.41(c)(5). 

• Date waiver granted: August 24, 

2009. 

• Description of waiver: Allows LEAs 

and schools in Massachusetts that are in 

improvement, corrective action, or 

restructuring status to exclude all or 

part of the Title I, Part A ARRA funds 

when calculating their obligation to 

spend at least 10 percent of fiscal year 

2009 Title I, Part A funds for 

professional development. 

20. Waiver Applicant: Michigan 

Department of Education 

• Provisions waived: Sections 

1116(c)(7)(A)(iii) and 1116(b)(3)(A)(iii) 

of the ESEA, and 34 CFR 

200.52(a)(3)(iii) and 34 CFR 

200.41(c)(5). 

• Date waiver granted: October 23, 

2009. 

• Description of waiver: Allows LEAs 

and schools in Michigan that are in 

improvement, corrective action, or 

restructuring status to exclude all or 

part of the Title I, Part A ARRA funds 

when calculating their obligation to 

spend at least 10 percent of fiscal year 

2009 Title I, Part A funds for 

professional development. 

21. Waiver Applicant: Missouri 

Department of Education 

• Provisions waived: Sections 

1116(c)(7)(A)(iii) and 1116(b)(3)(A)(iii) 

of the ESEA, and 34 CFR 

200.52(a)(3)(iii) and 34 CFR 

200.41(c)(5). 

• Date waiver granted: August 7, 

2009. 

• Description of waiver: Allows LEAs 

and schools in Missouri that are in 

improvement, corrective action, or 

restructuring status to exclude all or 

part of the Title I, Part A ARRA funds 

when calculating their obligation to 

spend at least 10 percent of fiscal year 

2009 Title I, Part A funds for 

professional development. 

22. Waiver Applicant: Nebraska 

Department of Education 

• Provisions waived: Sections 

1116(c)(7)(A)(iii) and 1116(b)(3)(A)(iii) 

of the ESEA, and 34 CFR 

200.52(a)(3)(iii) and 34 CFR 

200.41(c)(5). 

• Date waiver granted: August 26, 

2009. 

• Description of waiver: Allows LEAs 

and schools in Nebraska that are in 

improvement, corrective action, or 

restructuring status to exclude all or 

part of the Title I, Part A ARRA funds 

when calculating their obligation to 

spend at least 10 percent of fiscal year 

2009 Title I, Part A funds for 

professional development. 

23. Waiver Applicant: Nevada 

Department of Education 

• Provisions waived: Sections 

1116(c)(7)(A)(iii) and 1116(b)(3)(A)(iii) 

of the ESEA, and 34 CFR 

200.52(a)(3)(iii) and 34 CFR 

200.41(c)(5). 

• Date waiver granted: October 8, 

2009. 

• Description of waiver: Allows LEAs 

and schools in Nevada that are in 

improvement, corrective action, or 

restructuring status to exclude all or 

part of the Title I, Part A ARRA funds 

when calculating their obligation to 

spend at least 10 percent of fiscal year 

2009 Title I, Part A funds for 

professional development. 

24. Waiver Applicant: New Hampshire 

Department of Education 

• Provisions waived: Sections 

1116(c)(7)(A)(iii) and 1116(b)(3)(A)(iii) 

of the ESEA, and 34 CFR 

200.52(a)(3)(iii) and 34 CFR 

200.41(c)(5). 

• Date waiver granted: September 23, 

2009. 

• Description of waiver: Allows LEAs 

and schools in New Hampshire that are 

in improvement, corrective action, or 

restructuring status to exclude all or 

part of the Title I, Part A ARRA funds 

when calculating their obligation to 

spend at least 10 percent of fiscal year 

2009 Title I, Part A funds for 

professional development. 

25. Waiver Applicant: New Jersey 

Department of Education 

• Provisions waived: Sections 

1116(c)(7)(A)(iii) and 1116(b)(3)(A)(iii) 

of the ESEA, and 34 CFR 

200.52(a)(3)(iii) and 34 CFR 

200.41(c)(5). 

• Date waiver granted: October 2, 

2009. 

• Description of waiver: Allows LEAs 

and schools in New Jersey that are in 

improvement, corrective action, or 

restructuring status to exclude all or 

part of the Title I, Part A ARRA funds 

when calculating their obligation to 

spend at least 10 percent of fiscal year 

2009 Title I, Part A funds for 

professional development. 

26. Waiver Applicant: New Mexico 

Department of Education 

• Provisions waived: Sections 

1116(c)(7)(A)(iii) and 1116(b)(3)(A)(iii) 

of the ESEA, and 34 CFR 

200.52(a)(3)(iii) and 34 CFR 

200.41(c)(5). 

• Date waiver granted: August 31, 

2009. 

• Description of waiver: Allows LEAs 

and schools in New Mexico that are in 

improvement, corrective action, or 

restructuring status to exclude all or 

part of the Title I, Part A ARRA funds 

when calculating their obligation to 

spend at least 10 percent of fiscal year 

2009 Title I, Part A funds for 

professional development. 

27. Waiver Applicant: North Carolina 

Department of Public Instruction 

• Provisions waived: Sections 

1116(c)(7)(A)(iii) and 1116(b)(3)(A)(iii) 

of the ESEA, and 34 CFR 

200.52(a)(3)(iii) and 34 CFR 

200.41(c)(5). 

• Date waiver granted: September 4, 

2009. 

• Description of waiver: Allows LEAs 

and schools in North Carolina that are 

in improvement, corrective action, or 


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restructuring status to exclude all or 

part of the Title I, Part A ARRA funds 

when calculating their obligation to 

spend at least 10 percent of fiscal year 

2009 Title I, Part A funds for 

professional development. 

28. Waiver Applicant: North Dakota 

Department of Public Instruction 

• Provisions waived: Sections 

1116(c)(7)(A)(iii) and 1116(b)(3)(A)(iii) 

of the ESEA, and 34 CFR 

200.52(a)(3)(iii) and 34 CFR 

200.41(c)(5). 

• Date waiver granted: October 2, 

2009. 

• Description of waiver: Allows LEAs 

and schools in North Dakota that are in 

improvement, corrective action, or 

restructuring status to exclude all or 

part of the Title I, Part A ARRA funds 

when calculating their obligation to 

spend at least 10 percent of fiscal year 

2009 Title I, Part A funds for 

professional development. 

29. Waiver Applicant: Ohio Department 

of Education 

• Provisions waived: Sections 

1116(c)(7)(A)(iii) and 1116(b)(3)(A)(iii) 

of the ESEA, and 34 CFR 

200.52(a)(3)(iii) and 34 CFR 

200.41(c)(5). 

• Date waiver granted: August 14, 

2009. 

• Description of waiver: Allows LEAs 

and schools in Ohio that are in 

improvement, corrective action, or 

restructuring status to exclude all or 

part of the Title I, Part A ARRA funds 

when calculating their obligation to 

spend at least 10 percent of fiscal year 

2009 Title I, Part A funds for 

professional development. 

30. Waiver Applicant: Oklahoma 

Department of Education 

• Provisions waived: Sections 

1116(c)(7)(A)(iii) and 1116(b)(3)(A)(iii) 

of the ESEA, and 34 CFR 

200.52(a)(3)(iii) and 34 CFR 

200.41(c)(5). 

• Date waiver granted: October 15, 

2009. 

• Description of waiver: Allows LEAs 

and schools in Oklahoma that are in 

improvement, corrective action, or 

restructuring status to exclude all or 

part of the Title I, Part A ARRA funds 

when calculating their obligation to 

spend at least 10 percent of fiscal year 

2009 Title I, Part A funds for 

professional development. 

31. Waiver Applicant: Oregon 

Department of Education 

• Provisions waived: Sections 

1116(c)(7)(A)(iii) and 1116(b)(3)(A)(iii) 

of the ESEA, and 34 CFR 

200.52(a)(3)(iii) and 34 CFR 

200.41(c)(5). 

• Date waiver granted: October 23, 

2009. 

• Description of waiver: Allows LEAs 

and schools in Oregon that are in 

improvement, corrective action, or 

restructuring status to exclude all or 

part of the Title I, Part A ARRA funds 

when calculating their obligation to 

spend at least 10 percent of fiscal year 

2009 Title I, Part A funds for 

professional development. 

32. Waiver Applicant: Pennsylvania 

Department of Education 

• Provisions waived: Sections 

1116(c)(7)(A)(iii) and 1116(b)(3)(A)(iii) 

of the ESEA, and 34 CFR 

200.52(a)(3)(iii) and 34 CFR 

200.41(c)(5). 

• Date waiver granted: August 27, 

2009. 

• Description of waiver: Allows LEAs 

and schools in Pennsylvania that are in 

improvement, corrective action, or 

restructuring status to exclude all or 

part of the Title I, Part A ARRA funds 

when calculating their obligation to 

spend at least 10 percent of fiscal year 

2009 Title I, Part A funds for 

professional development. 

33. Waiver Applicant: Rhode Island 

Department of Education 

• Provisions waived: Sections 

1116(c)(7)(A)(iii) and 1116(b)(3)(A)(iii) 

of the ESEA, and 34 CFR 

200.52(a)(3)(iii) and 34 CFR 

200.41(c)(5). 

• Date waiver granted: August 24, 

2009. 

• Description of waiver: Allows LEAs 

and schools in Rhode Island that are in 

improvement, corrective action, or 

restructuring status to exclude all or 

part of the Title I, Part A ARRA funds 

when calculating their obligation to 

spend at least 10 percent of fiscal year 

2009 Title I, Part A funds for 

professional development. 

34. Waiver Applicant: South Carolina 

Department of Education 

• Provisions waived: Sections 

1116(c)(7)(A)(iii) and 1116(b)(3)(A)(iii) 

of the ESEA, and 34 CFR 

200.52(a)(3)(iii) and 34 CFR 

200.41(c)(5). 

• Date waiver granted: September 9, 

2009. 

• Description of waiver: Allows LEAs 

and schools in South Carolina that are 

in improvement, corrective action, or 

restructuring status to exclude all or 

part of the Title I, Part A ARRA funds 

when calculating their obligation to 

spend at least 10 percent of fiscal year 

2009 Title I, Part A funds for 

professional development. 

35. Waiver applicant: South Dakota 

Department of Education 

• Provisions waived: Sections 

1116(c)(7)(A)(iii) and 1116(b)(3)(A)(iii) 

of the ESEA, and 34 CFR 

200.52(a)(3)(iii) and 34 CFR 

200.41(c)(5). 

• Date waiver granted: August 14, 

2009. 

• Description of waiver: Allows LEAs 

and schools in South Dakota that are in 

improvement, corrective action, or 

restructuring status to exclude all or 

part of the Title I, Part A ARRA funds 

when calculating their obligation to 

spend at least 10 percent of fiscal year 

2009 Title I, Part A funds for 

professional development. 

36. Waiver Applicant: Tennessee 

Department of Education 

• Provisions waived: Sections 

1116(c)(7)(A)(iii) and 1116(b)(3)(A)(iii) 

of the ESEA, and 34 CFR 

200.52(a)(3)(iii) and 34 CFR 

200.41(c)(5). 

• Date waiver granted: August 27, 

2009. 

• Description of waiver: Allows LEAs 

and schools in Tennessee that are in 

improvement, corrective action, or 

restructuring status to exclude all or 

part of the Title I, Part A ARRA funds 

when calculating their obligation to 

spend at least 10 percent of fiscal year 

2009 Title I, Part A funds for 

professional development. 

37. Waiver Applicant: Virginia 

Department of Education 

• Provisions waived: Sections 

1116(c)(7)(A)(iii) of the ESEA and 34 

CFR 200.52(a)(3)(iii). 

• Date waiver granted: October 8, 

2009. 

• Description of waiver: Allows LEAs 

in Virginia that are in improvement, 

corrective action, or restructuring status 

to exclude all or part of the Title I, Part 

A ARRA funds when calculating their 

obligation to spend at least 10 percent 

of fiscal year 2009 Title I, Part A funds 

for professional development. 

38. Waiver Applicant: Washington 

Department of Education 

• Provisions waived: Sections 

1116(c)(7)(A)(iii) and 1116(b)(3)(A)(iii) 

of the ESEA, and 34 CFR 

200.52(a)(3)(iii) and 34 CFR 

200.41(c)(5). 

• Date waiver granted: August 31, 

2009. 

• Description of waiver: Allows LEAs 

and schools in Washington that are in 

improvement, corrective action, or 


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restructuring status to exclude all or 

part of the Title I, Part A ARRA funds 

when calculating their obligation to 

spend at least 10 percent of fiscal year 

2009 Title I, Part A funds for 

professional development. 

39. Waiver Applicant: Wisconsin 

Department of Public Instruction 

• Provisions waived: Sections 

1116(c)(7)(A)(iii) and 1116(b)(3)(A)(iii) 

of the ESEA, and 34 CFR 

200.52(a)(3)(iii) and 34 CFR 

200.41(c)(5). 

• Date waiver granted: August 13, 

2009. 

• Description of waiver: Allows LEAs 

and schools in Wisconsin that are in 

improvement, corrective action, or 

restructuring status to exclude all or 

part of the Title I, Part A ARRA funds 

when calculating their obligation to 

spend at least 10 percent of fiscal year 

2009 Title I, Part A funds for 

professional development. 

40. Waiver Applicant: Wyoming 

Department of Education 

• Provisions waived: Sections 

1116(c)(7)(A)(iii) and 1116(b)(3)(A)(iii) 

of the ESEA, and 34 CFR 

200.52(a)(3)(iii) and 34 CFR 

200.41(c)(5). 

• Date waiver granted: September 16, 

2009. 

• Description of waiver: Allows LEAs 

and schools in Wyoming that are in 

improvement, corrective action, or 

restructuring status to exclude all or 

part of the Title I, Part A ARRA funds 

when calculating their obligation to 

spend at least 10 percent of fiscal year 

2009 Title I, Part A funds for 

professional development. 

C. Allowing an LEA To Exclude Title I, 

Part A Funds Received Under ARRA 

When Calculating the Per-Pupil Amount 

for SES 

1. Waiver Applicant: Alabama 

Department of Education 

• Provisions waived: Section 

1116(e)(6) of the ESEA and 34 CFR 

200.48(c)(1). 

• Date waiver granted: August 14, 

2009. 

• Description of waiver: Allows LEAs 

in Alabama to exclude all or part of 

their Title I, Part A ARRA funds when 

calculating the per-pupil amount for 

SES. 

2. Waiver Applicant: Alaska Department 

of Education 

• Provisions waived: Section 

1116(e)(6) of the ESEA and 34 CFR 

200.48(c)(1). 

• Date waiver granted: August 13, 

2009. 

• Description of waiver: Allows LEAs 

in Alaska to exclude all or part of their 

Title I, Part A ARRA funds when 

calculating the per-pupil amount for 

SES. 

3. Waiver Applicant: Arizona 

Department of Education 

• Provisions waived: Section 

1116(e)(6) of the ESEA and 34 CFR 

200.48(c)(1). 

• Date waiver granted: September 16, 

2009. 

• Description of waiver: Allows LEAs 

in Arizona to exclude all or part of their 

Title I, Part A ARRA funds when 

calculating the per-pupil amount for 

SES. 

4. Waiver Applicant: Arkansas 

Department of Education 

• Provisions waived: Section 

1116(e)(6) of the ESEA and 34 CFR 

200.48(c)(1). 

• Date waiver granted: October 23, 

2009. 

• Description of waiver: Allows LEAs 

in Arkansas to exclude all or part of 

their Title I, Part A ARRA funds when 

calculating the per-pupil amount for 

SES. 

5. Waiver Applicant: California 

Department of Education 

• Provisions waived: Section 

1116(e)(6) of the ESEA and 34 CFR 

200.48(c)(1). 

• Date waiver granted: December 11, 

2009. 

• Description of waiver: Allows LEAs 

in California to exclude all or part of 

their Title I, Part A ARRA funds when 

calculating the per-pupil amount for 

SES. 

6. Waiver Applicant: Colorado 

Department of Education 

• Provisions waived: Section 

1116(e)(6) of the ESEA and 34 CFR 

200.48(c)(1). 

• Date waiver granted: August 11, 

2009. 

• Description of waiver: Allows LEAs 

in Colorado to exclude all or part of 

their Title I, Part A ARRA funds when 

calculating the per-pupil amount for 

SES. 

7. Waiver Applicant: Connecticut 

Department of Education 

• Provisions waived: Section 

1116(e)(6) of the ESEA and 34 CFR 

200.48(c)(1). 

• Date waiver granted: September 11, 

2009. 

• Description of waiver: Allows LEAs 

in Connecticut to exclude all or part of 

their Title I, Part A ARRA funds when 

calculating the per-pupil amount for 

SES. 

8. Waiver Applicant: DC Office of the 

State Superintendent of Education 

• Provisions waived: Section 

1116(e)(6) of the ESEA and 34 CFR 

200.48(c)(1). 

• Date waiver granted: October 15, 

2009. 

• Description of waiver: Allows the 

District of Columbia LEA to exclude all 

or part of its Title I, Part A ARRA funds 

when calculating the per-pupil amount 

for SES. 

9. Waiver Applicant: Florida 

Department of Education 

• Provisions waived: Section 

1116(e)(6) of the ESEA and 34 CFR 

200.48(c)(1). 

• Date waiver granted: September 23, 

2009. 

• Description of waiver: Allows LEAs 

in Florida to exclude all or part of their 

Title I, Part A ARRA funds when 

calculating the per-pupil amount for 

SES. 

10. Waiver Applicant: Georgia 

Department of Education 

• Provisions waived: Section 

1116(e)(6) of the ESEA and 34 CFR 

200.48(c)(1). 

• Date waiver granted: August 13, 

2009. 

• Description of waiver: Allows LEAs 

in Georgia to exclude all or part of their 

Title I, Part A ARRA funds when 

calculating the per-pupil amount for 

SES. 

11. Waiver Applicant: Idaho Department 

of Education 

• Provisions waived: Section 

1116(e)(6) of the ESEA and 34 CFR 

200.48(c)(1). 

• Date waiver granted: October 15, 

2009. 

• Description of waiver: Allows LEAs 

in Idaho to exclude all or part of their 

Title I, Part A ARRA funds when 

calculating the per-pupil amount for 

SES. 

12. Waiver Applicant: Illinois State 

Board of Education 

• Provisions waived: Section 

1116(e)(6) of the ESEA and 34 CFR 

200.48(c)(1). 

• Date waiver granted: September 16, 

2009. 

• Description of waiver: Allows LEAs 

in Illinois to exclude all or part of their 

Title I, Part A ARRA funds when 

calculating the per-pupil amount for 

SES. 

13. Waiver Applicant: Indiana 

Department of Education 

• Provisions waived: Section 

1116(e)(6) of the ESEA and 34 CFR 

200.48(c)(1). 


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• Date waiver granted: September 23, 

2009. 

• Description of waiver: Allows LEAs 

in Indiana to exclude all or part of their 

Title I, Part A ARRA funds when 

calculating the per-pupil amount for 

SES. 

14. Waiver Applicant: Iowa Department 

of Education 

• Provisions waived: Section 

1116(e)(6) of the ESEA and 34 CFR 

200.48(c)(1). 

• Date waiver granted: August 31, 

2009. 

• Description of waiver: Allows LEAs 

in Iowa to exclude all or part of their 

Title I, Part A ARRA funds when 

calculating the per-pupil amount for 

SES. 

15. Waiver Applicant: Kentucky 

Department of Education 

• Provisions waived: Section 

1116(e)(6) of the ESEA and 34 CFR 

200.48(c)(1). 

• Date waiver granted: September 4, 

2009. 

• Description of waiver: Allows LEAs 

in Kentucky to exclude all or part of 

their Title I, Part A ARRA funds when 

calculating the per-pupil amount for 

SES. 

16. Waiver Applicant: Louisiana 

Department of Education 

• Provisions waived: Section 

1116(e)(6) of the ESEA and 34 CFR 

200.48(c)(1). 

• Date waiver granted: August 27, 

2009. 

• Description of waiver: Allows LEAs 

in Louisiana to exclude all or part of 

their Title I, Part A ARRA funds when 

calculating the per-pupil amount for 

SES. 

17. Waiver Applicant: Maine 

Department of Education 

• Provisions waived: Section 

1116(e)(6) of the ESEA and 34 CFR 

200.48(c)(1). 

• Date waiver granted: September 23, 

2009. 

• Description of waiver: Allows LEAs 

in Maine to exclude all or part of their 

Title I, Part A ARRA funds when 

calculating the per-pupil amount for 

SES. 

18. Waiver Applicant: Maryland 

Department of Education 

• Provisions waived: Section 

1116(e)(6) of the ESEA and 34 CFR 

200.48(c)(1). 

• Date waiver granted: December 4, 

2009. 

• Description of waiver: Allows LEAs 

in Maryland to exclude all or part of 

their Title I, Part A ARRA funds when 

calculating the per-pupil amount for 

SES. 

19. Waiver Applicant: Massachusetts 

Department of Education 

• Provisions waived: Section 

1116(e)(6) of the ESEA and 34 CFR 

200.48(c)(1). 

• Date waiver granted: August 24, 

2009. 

• Description of waiver: Allows LEAs 

in Massachusetts to exclude all or part 

of their Title I, Part A ARRA funds 

when calculating the per-pupil amount 

for SES. 

20. Waiver Applicant: Michigan 

Department of Education 

• Provisions waived: Section 

1116(e)(6) of the ESEA and 34 CFR 

200.48(c)(1). 

• Date waiver granted: September 23, 

2009. 

• Description of waiver: Allows LEAs 

in Michigan to exclude all or part of 

their Title I, Part A ARRA funds when 

calculating the per-pupil amount for 

SES. 

21. Waiver Applicant: Missouri 

Department of Education 

• Provisions waived: Section 

1116(e)(6) of the ESEA and 34 CFR 

200.48(c)(1). 

• Date waiver granted: August 7, 

2009. 

• Description of waiver: Allows LEAs 

in Missouri to exclude all or part of 

their Title I, Part A ARRA funds when 

calculating the per-pupil amount for 

SES. 

22. Waiver Applicant: Nebraska 

Department of Education 

• Provisions waived: Section 

1116(e)(6) of the ESEA and 34 CFR 

200.48(c)(1). 

• Date waiver granted: August 26, 

2009. 

• Description of waiver: Allows LEAs 

in Nebraska to exclude all or part of 

their Title I, Part A ARRA funds when 

calculating the per-pupil amount for 

SES. 

23. Waiver Applicant: Nevada 

Department of Education 

• Provisions waived: Section 

1116(e)(6) of the ESEA and 34 CFR 

200.48(c)(1). 

• Date waiver granted: October 8, 

2009. 

• Description of waiver: Allows LEAs 

in Nevada to exclude all or part of their 

Title I, Part A ARRA funds when 

calculating the per-pupil amount for 

SES. 

24. Waiver Applicant: New Hampshire 

Department of Education 

• Provisions waived: Section 

1116(e)(6) of the ESEA and 34 CFR 

200.48(c)(1). 

• Date waiver granted: September 23, 

2009. 

• Description of waiver: Allows LEAs 

in New Hampshire to exclude all or part 

of their Title I, Part A ARRA funds 

when calculating the per-pupil amount 

for SES. 

25. Waiver Applicant: New Jersey 

Department of Education 

• Provisions waived: Section 

1116(e)(6) of the ESEA and 34 CFR 

200.48(c)(1). 

• Date waiver granted: October 2, 

2009. 

• Description of waiver: Allows LEAs 

in New Jersey to exclude all or part of 

their Title I, Part A ARRA funds when 

calculating the per-pupil amount for 

SES. 

26. Waiver Applicant: New Mexico 

Department of Education 

• Provisions waived: Section 

1116(e)(6) of the ESEA and 34 CFR 

200.48(c)(1). 

• Date waiver granted: August 31, 

2009. 

• Description of waiver: Allows LEAs 

in New Mexico to exclude all or part of 

their Title I, Part A ARRA funds when 

calculating the per-pupil amount for 

SES. 

27. Waiver Applicant: North Carolina 

Department of Public Instruction 

• Provisions waived: Section 

1116(e)(6) of the ESEA and 34 CFR 

200.48(c)(1). 

• Date waiver granted: September 4, 

2009. 

• Description of waiver: Allows LEAs 

in North Carolina to exclude all or part 

of their Title I, Part A ARRA funds 

when calculating the per-pupil amount 

for SES. 

28. Waiver Applicant: North Dakota 

Department of Public Instruction 

• Provisions waived: Section 

1116(e)(6) of the ESEA and 34 CFR 

200.48(c)(1). 

• Date waiver granted: October 2, 

2009. 

• Description of waiver: Allows LEAs 

in North Dakota to exclude all or part 

of their Title I, Part A ARRA funds 

when calculating the per-pupil amount 

for SES. 

29. Waiver Applicant: Ohio Department 

of Education 

• Provisions waived: Section 

1116(e)(6) of the ESEA and 34 CFR 

200.48(c)(1). 


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• Date waiver granted: August 14, 

2009. 

• Description of waiver: Allows LEAs 

in Ohio to exclude all or part of their 

Title I, Part A ARRA funds when 

calculating the per-pupil amount for 

SES. 

30. Waiver Applicant: Oklahoma 

Department of Education 

• Provisions waived: Section 

1116(e)(6) of the ESEA and 34 CFR 

200.48(c)(1). 

• Date waiver granted: October 15, 

2009. 

• Description of waiver: Allows LEAs 

in Oklahoma to exclude all or part of 

their Title I, Part A ARRA funds when 

calculating the per-pupil amount for 

SES. 

31. Waiver Applicant: Oregon 

Department of Education 

• Provisions waived: Section 

1116(e)(6) of the ESEA and 34 CFR 

200.48(c)(1). 

• Date waiver granted: October 23, 

2009. 

• Description of waiver: Allows LEAs 

in Oregon to exclude all or part of their 

Title I, Part A ARRA funds when 

calculating the per-pupil amount for 

SES. 

32. Waiver Applicant: Pennsylvania 

Department of Education 

• Provisions waived: Section 

1116(e)(6) of the ESEA and 34 CFR 

200.48(c)(1). 

• Date waiver granted: August 27, 

2009. 

• Description of waiver: Allows LEAs 

in Pennsylvania to exclude all or part of 

their Title I, Part A ARRA funds when 

calculating the per-pupil amount for 

SES. 

33. Waiver Applicant: Rhode Island 

Department of Education 

• Provisions waived: Section 

1116(e)(6) of the ESEA and 34 CFR 

200.48(c)(1). 

• Date waiver granted: August 24, 

2009. 

• Description of waiver: Allows LEAs 

in Rhode Island to exclude all or part of 

their Title I, Part A ARRA funds when 

calculating the per-pupil amount for 

SES. 

34. Waiver Applicant: South Carolina 

Department of Education 

• Provisions waived: Section 

1116(e)(6) of the ESEA and 34 CFR 

200.48(c)(1). 

• Date waiver granted: September 9, 

2009. 

• Description of waiver: Allows LEAs 

in South Carolina to exclude all or part 

of their Title I, Part A ARRA funds 

when calculating the per-pupil amount 

for SES. 

35. Waiver Applicant: South Dakota 

Department of Education 

• Provisions waived: Section 

1116(e)(6) of the ESEA and 34 CFR 

200.48(c)(1). 

• Date waiver granted: August 14, 

2009. 

• Description of waiver: Allows LEAs 

in South Dakota to exclude all or part 

of their Title I, Part A ARRA funds 

when calculating the per-pupil amount 

for SES. 

36. Waiver Applicant: Tennessee 

Department of Education 

• Provisions waived: Section 

1116(e)(6) of the ESEA and 34 CFR 

200.48(c)(1). 

• Date waiver granted: August 27, 

2009. 

• Description of waiver: Allows LEAs 

in Tennessee to exclude all or part of 

their Title I, Part A ARRA funds when 

calculating the per-pupil amount for 

SES. 

37. Waiver Applicant: Virginia 

Department of Education 

• Provisions waived: Section 

1116(e)(6) of the ESEA and 34 CFR 

200.48(c)(1). 

• Date waiver granted: October 8, 

2009. 

• Description of waiver: Allows LEAs 

in Virginia to exclude all or part of their 

Title I, Part A ARRA funds when 

calculating the per-pupil amount for 

SES. 

38. Waiver Applicant: Washington 

Department of Education 

• Provisions waived: Section 

1116(e)(6) of the ESEA and 34 CFR 

200.48(c)(1). 

• Date waiver granted: August 31, 

2009. 

• Description of waiver: Allows LEAs 

in Washington to exclude all or part of 

their Title I, Part A ARRA funds when 

calculating the per-pupil amount for 

SES. 

39. Waiver Applicant: Wisconsin 

Department of Public Instruction 

• Provisions waived: Section 

1116(e)(6) of the ESEA and 34 CFR 

200.48(c)(1). 

• Date waiver granted: August 13, 

2009. 

• Description of waiver: Allows LEAs 

in Wisconsin to exclude all or part of 

their Title I, Part A ARRA funds when 

calculating the per-pupil amount for 

SES. 

40. Waiver Applicant: Wyoming 

Department of Education 

• Provisions waived: Section 

1116(e)(6) of the ESEA and 34 CFR 

200.48(c)(1). 

• Date waiver granted: September 16, 

2009. 

• Description of waiver: Allows LEAs 

in Wyoming to exclude all or part of 

their Title I, Part A ARRA funds when 

calculating the per-pupil amount for 

SES. 

D. Authorizing an SEA To Waive the 

Carryover Limitation for an LEA That 

Needs an Additional Waiver Because of 

its Receipt of Title I, Part A ARRA 

Funds 

1. Waiver Applicant: Alabama 

Department of Education 

• Provisions waived: Section 1127(a) 

of the ESEA. 

• Date waiver granted: August 14, 

2009. 

• Description of waiver: Authorizes 

Alabama to waive the carryover 

limitation more than once within three 

years for an LEA that needs a second (or 

third) waiver because of its receipt of 

Title I, Part A ARRA funds. 

2. Waiver Applicant: Alaska Department 

of Education 

• Provisions waived: Section 1127(a) 

of the ESEA. 

• Date waiver granted: August 13, 

2009. 

• Description of waiver: Authorizes 

Alaska to waive the carryover limitation 

more than once within three years for an 

LEA that needs a second (or third) 

waiver because of its receipt of Title I, 

Part A ARRA funds. 

3. Waiver Applicant: Arizona 

Department of Education 

• Provisions waived: Section 1127(a) 

of the ESEA. 

• Date waiver granted: September 16, 

2009. 

• Description of waiver: Authorizes 

Arizona to waive the carryover 

limitation more than once within three 

years for an LEA that needs a second (or 

third) waiver because of its receipt of 

Title I, Part A ARRA funds. 

4. Waiver Applicant: Arkansas 

Department of Education 

• Provisions waived: Section 1127(a) 

of the ESEA. 

• Date waiver granted: October 23, 

2009. 

• Description of waiver: Authorizes 

Arkansas to waive the carryover 

limitation more than once within three 

years for an LEA that needs a second (or 

third) waiver because of its receipt of 

Title I, Part A ARRA funds. 


emcdonald on DSK2BSOYB1PROD with NOTICES2
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5. Waiver Applicant: California 

Department of Education 

• Provisions waived: Section 1127(a) 

of the ESEA. 

• Date waiver granted: October 23, 

2009. 

• Description of waiver: Authorizes 

California to waive the carryover 

limitation more than once within three 

years for an LEA that needs a second (or 

third) waiver because of its receipt of 

Title I, Part A ARRA funds. 

6. Waiver Applicant: Connecticut 

Department of Education 

• Provisions waived: Section 1127(a) 

of the ESEA. 

• Date waiver granted: September 11, 

2009. 

• Description of waiver: Authorizes 

Connecticut to waive the carryover 

limitation more than once within three 

years for an LEA that needs a second (or 

third) waiver because of its receipt of 

Title I, Part A ARRA funds. 

7. Waiver Applicant: DC Office of the 

State Superintendent of Education 

• Provisions waived: Section 1127(a) 

of the ESEA. 

• Date waiver granted: October 15, 

2009. 

• Description of waiver: Authorizes 

the District of Columbia to waive the 

carryover limitation more than once 

within three years for its LEA if it needs 

a second (or third) waiver because of its 

receipt of Title I, Part A ARRA funds. 

8. Waiver Applicant: Florida 

Department of Education 

• Provisions waived: Section 1127(a) 

of the ESEA. 

• Date waiver granted: September 23, 

2009. 

• Description of waiver: Authorizes 

Florida to waive the carryover limitation 

more than once within three years for an 

LEA that needs a second (or third) 

waiver because of its receipt of Title I, 

Part A ARRA funds. 

9. Waiver Applicant: Georgia 

Department of Education 

• Provisions waived: Section 1127(a) 

of the ESEA. 

• Date waiver granted: August 13, 

2009. 

• Description of waiver: Authorizes 

Georgia to waive the carryover 

limitation more than once within three 

years for an LEA that needs a second (or 

third) waiver because of its receipt of 

Title I, Part A ARRA funds. 

10. Waiver Applicant: Idaho Department 

of Education 

• Provisions waived: Section 1127(a) 

of the ESEA. 

• Date waiver granted: October 15, 

2009. 

• Description of waiver: Authorizes 

Idaho to waive the carryover limitation 

more than once within three years for an 

LEA that needs a second (or third) 

waiver because of its receipt of Title I, 

Part A ARRA funds. 

11. Waiver Applicant: Illinois State 

Board of Education 

• Provisions waived: Section 1127(a) 

of the ESEA. 

• Date waiver granted: October 23, 

2009. 

• Description of waiver: Authorizes 

Illinois to waive the carryover limitation 

more than once within three years for an 

LEA that needs a second (or third) 

waiver because of its receipt of Title I, 

Part A ARRA funds. 

12. Waiver Applicant: Indiana 

Department of Education 

• Provisions waived: Section 1127(a) 

of the ESEA. 

• Date waiver granted: October 23, 

2009. 

• Description of waiver: Authorizes 

Indiana to waive the carryover 

limitation more than once within three 

years for an LEA that needs a second (or 

third) waiver because of its receipt of 

Title I, Part A ARRA funds. 

13. Waiver Applicant: Iowa Department 

of Education 

• Provisions waived: Section 1127(a) 

of the ESEA. 

• Date waiver granted: August 31, 

2009. 

• Description of waiver: Authorizes 

Iowa to waive the carryover limitation 

more than once within three years for an 

LEA that needs a second (or third) 

waiver because of its receipt of Title I, 

Part A ARRA funds. 

14. Waiver Applicant: Kentucky 

Department of Education 

• Provisions waived: Section 1127(a) 

of the ESEA. 

• Date waiver granted: September 4, 

2009. 

• Description of waiver: Authorizes 

Kentucky to waive the carryover 

limitation more than once within three 

years for an LEA that needs a second (or 

third) waiver because of its receipt of 

Title I, Part A ARRA funds. 

15. Waiver Applicant: Louisiana 

Department of Education 

• Provisions waived: Section 1127(a) 

of the ESEA. 

• Date waiver granted: August 27, 

2009. 

• Description of waiver: Authorizes 

Louisiana to waive the carryover 

limitation more than once within three 

years for an LEA that needs a second (or 

third) waiver because of its receipt of 

Title I, Part A ARRA funds. 

16. Waiver Applicant: Maine 

Department of Education 

• Provisions waived: Section 1127(a) 

of the ESEA. 

• Date waiver granted: September 23, 

2009. 

• Description of waiver: Authorizes 

Maine to waive the carryover limitation 

more than once within three years for an 

LEA that needs a second (or third) 

waiver because of its receipt of Title I, 

Part A ARRA funds. 

17. Waiver Applicant: Maryland 

Department of Education 

• Provisions waived: Section 1127(a) 

of the ESEA. 

• Date waiver granted: November 20, 

2009. 

• Description of waiver: Authorizes 

Maryland to waive the carryover 

limitation more than once within three 

years for an LEA that needs a second (or 

third) waiver because of its receipt of 

Title I, Part A ARRA funds. 

18. Waiver Applicant: Michigan 

Department of Education 

• Provisions waived: Section 1127(a) 

of the ESEA. 

• Date waiver granted: September 23, 

2009. 

• Description of waiver: Authorizes 

Michigan to waive the carryover 

limitation more than once within three 

years for an LEA that needs a second (or 

third) waiver because of its receipt of 

Title I, Part A ARRA funds. 

19. Waiver Applicant: Missouri 

Department of Education 

• Provisions waived: Section 1127(a) 

of the ESEA. 

• Date waiver granted: August 7, 

2009. 

• Description of waiver: Authorizes 

Missouri to waive the carryover 

limitation more than once within three 

years for an LEA that needs a second (or 

third) waiver because of its receipt of 

Title I, Part A ARRA funds. 

20. Waiver Applicant: Nebraska 

Department of Education 

• Provisions waived: Section 1127(a) 

of the ESEA. 

• Date waiver granted: August 26, 

2009. 

• Description of waiver: Authorizes 

Nebraska to waive the carryover 

limitation more than once within three 

years for an LEA that needs a second (or 

third) waiver because of its receipt of 

Title I, Part A ARRA funds. 


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21. Waiver Applicant: Nevada 

Department of Education 

• Provisions waived: Section 1127(a) 

of the ESEA. 

• Date waiver granted: October 8, 

2009. 

• Description of waiver: Authorizes 

Nevada to waive the carryover 

limitation more than once within three 

years for an LEA that needs a second (or 

third) waiver because of its receipt of 

Title I, Part A ARRA funds. 

22. Waiver Applicant: New Hampshire 

Department of Education 

• Provisions waived: Section 1127(a) 

of the ESEA. 

• Date waiver granted: September 23, 

2009. 

• Description of waiver: Authorizes 

New Hampshire to waive the carryover 

limitation more than once within three 

years for an LEA that needs a second (or 

third) waiver because of its receipt of 

Title I, Part A ARRA funds. 

23. Waiver Applicant: New Jersey 

Department of Education 

• Provisions waived: Section 1127(a) 

of the ESEA. 

• Date waiver granted: October 2, 

2009. 

• Description of waiver: Authorizes 

New Jersey to waive the carryover 

limitation more than once within three 

years for an LEA that needs a second (or 

third) waiver because of its receipt of 

Title I, Part A ARRA funds. 

24. Waiver Applicant: New Mexico 

Department of Education 

• Provisions waived: Section 1127(a) 

of the ESEA. 

• Date waiver granted: August 31, 

2009. 

• Description of waiver: Authorizes 

New Mexico to waive the carryover 

limitation more than once within three 

years for an LEA that needs a second (or 

third) waiver because of its receipt of 

Title I, Part A ARRA funds. 

25. Waiver Applicant: North Dakota 

Department of Public Instruction 

• Provisions waived: Section 1127(a) 

of the ESEA. 

• Date waiver granted: October 2, 

2009. 

• Description of waiver: Authorizes 

North Dakota to waive the carryover 

limitation more than once within three 

years for an LEA that needs a second (or 

third) waiver because of its receipt of 

Title I, Part A ARRA funds. 

26. Waiver Applicant: Ohio Department 

of Education 

• Provisions waived: Section 1127(a) 

of the ESEA. 

• Date waiver granted: August 14, 

2009. 

• Description of waiver: Authorizes 

Ohio to waive the carryover limitation 

more than once within three years for an 

LEA that needs a second (or third) 

waiver because of its receipt of Title I, 

Part A ARRA funds. 

27. Waiver Applicant: Oklahoma 

Department of Education 

• Provisions waived: Section 1127(a) 

of the ESEA. 

• Date waiver granted: October 15, 

2009. 

• Description of waiver: Authorizes 

Oklahoma to waive the carryover 

limitation more than once within three 

years for an LEA that needs a second (or 

third) waiver because of its receipt of 

Title I, Part A ARRA funds. 

28. Waiver Applicant: Rhode Island 

Department of Education 

• Provisions waived: Section 1127(a) 

of the ESEA. 

• Date waiver granted: August 24, 

2009. 

• Description of waiver: Authorizes 

Rhode Island to waive the carryover 

limitation more than once within three 

years for an LEA that needs a second (or 

third) waiver because of its receipt of 

Title I, Part A ARRA funds. 

29. Waiver Applicant: South Carolina 

Department of Education 

• Provisions waived: Section 1127(a) 

of the ESEA. 

• Date waiver granted: September 9, 

2009. 

• Description of waiver: Authorizes 

South Carolina to waive the carryover 

limitation more than once within three 

years for an LEA that needs a second (or 

third) waiver because of its receipt of 

Title I, Part A ARRA funds. 

30. Waiver Applicant: South Dakota 

Department of Education 

• Provisions waived: Section 1127(a) 

of the ESEA. 

• Date waiver granted: August 14, 

2009. 

• Description of waiver: Authorizes 

South Dakota to waive the carryover 

limitation more than once within three 

years for an LEA that needs a second (or 

third) waiver because of its receipt of 

Title I, Part A ARRA funds. 

31. Waiver Applicant: Tennessee 

Department of Education 

• Provisions waived: Section 1127(a) 

of the ESEA. 

• Date waiver granted: August 27, 

2009. 

• Description of waiver: Authorizes 

Tennessee to waive the carryover 

limitation more than once within three 

years for an LEA that needs a second (or 

third) waiver because of its receipt of 

Title I, Part A ARRA funds. 

32. Waiver Applicant: Virginia 

Department of Education 

• Provisions waived: Section 1127(a) 

of the ESEA. 

• Date waiver granted: October 8, 

2009. 

• Description of waiver: Authorizes 

Virginia to waive the carryover 

limitation more than once within three 

years for an LEA that needs a second (or 

third) waiver because of its receipt of 

Title I, Part A ARRA funds. 

33. Waiver Applicant: Washington 

Department of Education 

• Provisions waived: Section 1127(a) 

of the ESEA. 

• Date waiver granted: August 31, 

2009. 

• Description of waiver: Authorizes 

Washington to waive the carryover 

limitation more than once within three 

years for an LEA that needs a second (or 

third) waiver because of its receipt of 

Title I, Part A ARRA funds. 

34. Waiver Applicant: West Virginia 

Department of Education 

• Provisions waived: Section 1127(a) 

of the ESEA. 

• Date waiver granted: August 24, 

2009. 

• Description of waiver: Authorizes 

West Virginia to waive the carryover 

limitation more than once within three 

years for an LEA that needs a second (or 

third) waiver because of its receipt of 

Title I, Part A ARRA funds. 

35. Waiver Applicant: Wisconsin 

Department of Public Instruction 

• Provisions waived: Section 1127(a) 

of the ESEA. 

• Date waiver granted: August 13, 

2009. 

• Description of waiver: Authorizes 

Wisconsin to waive the carryover 

limitation more than once within three 

years for an LEA that needs a second (or 

third) waiver because of its receipt of 

Title I, Part A ARRA funds. 

36. Waiver Applicant: Wyoming 

Department of Education 

• Provisions waived: Section 1127(a) 

of the ESEA. 

• Date waiver granted: September 16, 

2009. 

• Description of waiver: Authorizes 

Wyoming to waive the carryover 

limitation more than once within three 

years for an LEA that needs a second (or 

third) waiver because of its receipt of 

Title I, Part A ARRA funds. 


emcdonald on DSK2BSOYB1PROD with NOTICES2
56856 Federal Register / Vol. 75, No. 179 / Thursday, September 16, 2010 / Notices 

FOR FURTHER INFORMATION CONTACT: Luz 

Curet, U.S. Department of Education, 

400 Maryland Avenue, SW., room 

3W344, Washington, DC 20202. 

Telephone: (202) 205–3728 or by e-mail: 

luz.curet@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD), call the 

Federal Relay Service (FRS), toll free, at 

1–800–877–8339. Individuals with 

disabilities can obtain this document in 

an accessible format (e.g., braille, large 

print, audiotape, or computer diskette) 

on request to the program contact 

person listed in this section. 

Electronic Access to This Document: 

You may view this document, as well as 

all other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF) on the Internet at the 

following site: http://www.ed.gov/news/ 

fedregister. 

To use PDF you must have Adobe 

Acrobat Reader, which is available free 

at this site. If you have questions about 

using PDF, call the U.S. Government 

Printing Office (GPO), toll free, at 1– 

888–293–6498; or in the Washington, 

DC, area at (202) 512–1530. 

Dated: September 10, 2010. 

Thelma Mele ́ndez de Santa Ana, 

Assistant Secretary for Elementary and 

Secondary Education. 

[FR Doc. 2010–22986 Filed 9–15–10; 8:45 am] 

BILLING CODE 4000–01–P 


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