46790 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices 

1Additional information regarding ESEA 

flexibility can be found at: http://www2.ed.gov/ 

policy/elsec/guid/esea-flexibility/index.html. 

Register. Free internet access to the 

official edition of the Federal Register 

and the Code of Federal Regulations is 

available via the Federal Digital System 

at: www.gpo.gov/fdsys. At this site you 

can view this document, as well as other 

documents of this Department 

published in the Federal Register, in 

text or Portable Document Format 

(PDF). To use PDF you must have 

Adobe Acrobat Reader, which is 

available free at the site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at: www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

Dated: October 3, 2017. 

Jason Botel, 

Acting Assistant Secretary for Elementary and 

Secondary Education. 

[FR Doc. 2017–21621 Filed 10–5–17; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

Notice of Waivers Granted Under 

Section 9401 of the Elementary and 

Secondary Education Act of 1965, as 

Amended by the No Child Left Behind 

Act of 2001 

AGENCY: Office of Elementary and 

Secondary Education, Department of 

Education. 

ACTION: Notice. 

SUMMARY: In this notice, we announce 

the waivers that the U.S. Department of 

Education (Department) granted during 

calendar year 2012 under the waiver 

authority of the Elementary and 

Secondary Education Act of 1965, as 

amended by the No Child Left Behind 

Act of 2001 (ESEA), including waivers 

related to flexibility granted to States in 

exchange for State-led reforms (ESEA 

flexibility). 

The ESEA requires that the 

Department publish in the Federal 

Register, and disseminate to interested 

parties, a notice of its decision to grant 

a waiver of statutory or regulatory 

requirements under the ESEA. Between 

2011 and 2016, the Department granted 

more than 800 waivers of statutory or 

regulatory requirements to State 

educational agencies (SEAs) but 

neglected to comply with the ESEA’s 

publication and dissemination 

requirements. This notice is intended to 

fulfill the Department’s obligation to 

publicize its waiver decisions by 

identifying the waivers granted during 

2012. 

FOR FURTHER INFORMATION CONTACT: Kia 

Weems, U.S. Department of Education, 

400 Maryland Avenue SW., Room 

3W341, Washington, DC 20202. 

Telephone: (202) 260–2221 or by email: 

Kia.Weems@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD) or a text 

telephone (TTY), call the Federal Relay 

Service (FRS), toll free, at 1–800–877– 

8339. 

SUPPLEMENTARY INFORMATION: In 2012, 

the Department granted waivers through 

an initiative known as ESEA flexibility 

to 35 States from ten specific provisions 

of the ESEA in exchange for a rigorous 

and comprehensive State-developed 

plan designed to improve educational 

outcomes for all students, close 

achievement gaps, increase equity, and 

improve the quality of instruction.1 In 

addition to waiving the ten provisions, 

the Department granted three optional 

waivers under ESEA flexibility. The 

Department also granted 134 individual 

waivers under the waiver authority in 

section 9401 of the ESEA. 

We granted: 

(a) ESEA flexibility: The Department 

granted the following ten waivers to 35 

SEAs under ESEA flexibility: 

1. Flexibility Regarding the 2013– 

2014 Timeline for Determining 

Adequate Yearly Progress (AYP); 

2. Flexibility in Implementation of 

School Improvement Requirements; 

3. Flexibility in Implementation of 

Local Educational Agency (LEA) 

Improvement Requirements; 

4. Flexibility for Rural LEAs; 

5. Flexibility for Schoolwide 

Programs; 

6. Flexibility to Support School 

Improvement; 

7. Flexibility for Reward Schools; 

8. Flexibility Regarding Highly 

Qualified Teacher (HQT) Improvement 

Plans; 

9. Flexibility to Transfer Certain 

Funds; and 

10. Flexibility to Use School 

Improvement Grant (SIG) Funds to 

Support Priority Schools. 

In addition to waiving the ten 

provisions listed above, the Department 

granted three optional waivers under 

ESEA flexibility related to the following: 

1. Granted waivers to 23 States under 

the Flexibility in the Use of TwentyFirst Century Community Learning 

Centers (21st CCLC) Program Funds; 

2. Granted waivers to 33 States under 

the Flexibility Regarding Making AYP 

Determinations; and 

3. Granted waivers to 33 States under 

the Flexibility Regarding Within-District 

Title I Allocations; 

(b) 73 waivers extending the period 

during which funds were available for 

obligation: 11 waivers extending the 

period for ESEA State-administered 

formula grant programs that received 

fiscal year (FY) 2009 funds under the 

regular appropriation; 14 waivers 

extending the period for ESEA Stateadministered formula grant programs 

that received FY 2009 funds under the 

American Recovery and Reinvestment 

Act (ARRA); one waiver under the 

Enhancing Education Through 

Technology (Ed-Tech) Program; one 

waiver under the Migrant Education 

Consortium Incentive Grant Program; 

two waivers under the Consolidated 

Grant funds for Insular Areas; 38 

waivers for school improvement 

activities for certain fiscal years’ funds; 

and six waivers extending the period for 

the Striving Readers Comprehensive 

Literacy Formula Grant Program funds; 

(c) 21 waivers relating to school 

improvement requirements: Three 

waivers pertaining to school eligibility 

requirements and the definition of 

persistently lowest-achieving schools; 

and 18 waivers granting additional time 

to meet the teacher and principal 

evaluation requirement (11 for cohort 1 

schools and seven for cohort 2 schools); 

(d) 11 waivers of requirements related 

to State academic standards or 

assessments: Three waivers allowing 

substitution of standards or 

assessments; and eight waivers 

permitting use of annual measurable 

objectives (AMOs) to make AYP 

determinations based on assessments 

administered in the previous school 

year; 

(e) One waiver of the five percent cap 

on Title I funds an LEA may reserve to 

provide financial incentives and 

rewards to teachers in schools identified 

for improvement, corrective action, or 

restructuring; 

(f) Two schoolwide poverty threshold 

waivers permitting specific schools with 

less than 40 percent poverty the 

flexibility to operate a schoolwide 

program; 

(g) Four waivers of the requirement to 

provide parents notice of public school 

choice options at least 14 days before 

the start of the school year; 

(h) Two new waivers and one 

continuation allowing LEAs both to 

provide SES to eligible students 

attending schools in the first year of 

improvement that received funding 

under Title I, Part A and to count the 

costs of doing so toward meeting the 

LEAs’ ‘‘20 percent obligation’’; 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices 46791 

(i) Six waivers allowing SEAs or LEAs 

to approve LEAs or schools, 

respectively, identified as in need of 

improvement to become SES providers; 

(j) Eight waivers allowing SEAs to 

waive the carryover limitation more 

than once every three years for their 

Title I, Part A allocation received under 

ARRA; 

(k) One waiver of the third of three 

annual measureable achievement 

objectives (AMAO 3) under Title III 

allowing the State to use the same 

targets used to determine AYP for Title 

I in place of the State’s AMAO 3; and 

(l) Four waivers related to rural 

programs: Two waivers allowing SEAs 

to provide equitable services for private 

school students and teachers under the 

Rural and Low-Income School Program 

(RLIS) and two waivers allowing SEAs 

to meet the academic achievement 

assessment requirement in an 

alternative manner under RLIS. 

Waiver Data 

I. ESEA Flexibility Waivers 

A. Flexibility Regarding the 2013–2014 

Timeline for Determining AYP 

The Department waived the 

requirements in section 1111(b)(2)(E)– 

(H) of the ESEA that prescribe how an 

SEA establishes AMOs for determining 

AYP to ensure that all students met or 

exceeded the State’s proficient level of 

academic achievement on the State’s 

assessments in reading/language arts 

and mathematics no later than the end 

of the 2013–2014 school year. Under 

this waiver, an SEA no longer needed to 

follow the statutory procedures for 

setting AMOs to use in determining 

AYP. Instead, an SEA had flexibility to 

develop new ambitious but achievable 

AMOs in reading/language arts and 

mathematics in order to provide 

meaningful goals to guide support and 

improvement efforts for the State, LEAs, 

schools, and student subgroups. 

B. Flexibility in Implementation of 

School Improvement Requirements 

The Department waived the 

requirements in section 1116(b) of the 

ESEA for an LEA to identify for 

improvement, corrective action, or 

restructuring, as appropriate, a Title I 

school that failed, for two consecutive 

years or more, to make AYP, and for a 

school so identified and its LEA to take 

certain improvement actions. Under this 

waiver, an LEA was no longer required 

to identify respective Title I schools for 

improvement, corrective action, or 

restructuring, and neither the LEA nor 

its schools were required to take 

statutorily required improvement 

actions, including providing public 

school choice and supplemental 

educational services (SES) to eligible 

students. An LEA was also exempt from 

administrative and reporting 

requirements related to school 

improvement. 

C. Flexibility in Implementation of LEA 

Improvement 

The Department waived the 

requirements in section 1116(c) of the 

ESEA for an SEA to identify for 

improvement or corrective action, as 

appropriate, an LEA that, for two 

consecutive years or more, failed to 

make AYP, and neither the LEA nor the 

SEA was required to take statutorily 

required improvement actions. An LEA 

was also exempt from associated 

administrative and reporting 

requirements related to LEA 

improvement. 

D. Flexibility for Rural LEAs 

The Department waived the 

requirements in sections 6213(b) and 

6224(e) of the ESEA that limited 

participation in, and use of funds under, 

the Small, Rural School Achievement 

(SRSA) and RLIS programs based on 

whether an LEA made AYP and was 

complying with the requirements in 

section 1116 of the ESEA. Under the 

waiver, an LEA that received SRSA or 

RLIS funds had flexibility to use those 

funds for any authorized purpose 

regardless of the LEA’s AYP status. 

E. Flexibility for Schoolwide Programs 

The Department waived the 

requirement in section 1114(a)(1) of the 

ESEA that a school have a poverty 

percentage of 40 percent or more in 

order to operate a schoolwide program. 

Under this waiver, an LEA had 

flexibility to operate a schoolwide 

program in a Title I school that did not 

meet the 40 percent poverty threshold if 

the SEA identified the school as a 

priority school or a focus school, and 

the LEA implemented interventions 

consistent with the turnaround 

principles or interventions that were 

based on the needs of the students in 

the school and designed to enhance the 

entire educational program in the 

school, as appropriate. 

F. Flexibility To Support School 

Improvement 

The Department waived the 

requirement in section 1003(a) of the 

ESEA for an SEA to distribute funds 

reserved under that section only to 

LEAs with schools identified for 

improvement, corrective action, or 

restructuring. Under this waiver, an 

SEA had flexibility to allocate ESEA 

section 1003(a) funds to an LEA in order 

to serve any priority or focus school, if 

the SEA determined such school was 

most in need of additional support. 

G. Flexibility for Reward Schools 

The Department waived the provision 

in section 1117(c)(2)(A) of the ESEA that 

authorized an SEA to reserve Title, Part 

A funds to reward a Title I school that 

(1) significantly closed the achievement 

gap between subgroups in the school; or 

(2) exceeded AYP for two or more 

consecutive years. Under this waiver, an 

SEA had flexibility to use funds 

reserved under section 1117(c)(2)(A) of 

the ESEA to provide financial rewards 

to any reward school, if the SEA 

determined such school was most 

appropriate to receive a financial 

reward. 

H. Flexibility Regarding HQT 

Improvement Plans 

The Department waived the 

requirements in section 2141(a) through 

(c) of the ESEA for an LEA and SEA to 

comply with certain requirements for 

improvement plans regarding highly 

qualified teachers. Under the waiver, an 

LEA that did not meet its HQT target 

did not have to develop an 

improvement plan under section 2141 

of the ESEA and had flexibility in how 

it used its Title I and Title II funds. An 

SEA was exempt from the requirements 

regarding its role in the implementation 

of those plans, including the 

requirement that it enter into 

agreements with LEAs on the use of 

funds and the requirement that it 

provide technical assistance to LEAs on 

their plans. This flexibility allowed an 

SEA and LEA to focus on developing 

and implementing more meaningful 

evaluation and support systems. 

I. Flexibility To Transfer Certain Funds 

The Department waived the 

limitations in section 6123 of the ESEA 

that limited the amount of funds an SEA 

or LEA may transfer from certain ESEA 

programs to other ESEA programs. 

Under this waiver, an SEA and its LEAs 

had flexibility to transfer up to 100 

percent of the funds received under the 

authorized programs among those 

programs and into Title I, Part A. 

Moreover, to minimize burden at the 

State and local levels, the SEA was not 

required to notify the Department, and 

its participating LEAs were not required 

to notify the SEA, prior to transferring 

funds. 

J. Flexibility To Use SIG Funds To 

Support Priority Schools 

The Department waived the 

requirements in section 1003(g)(4) of the 

ESEA and the definition of a Tier I 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
46792 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices 

school in Section I.A.3 of the SIG final 

requirements. Under this waiver, an 

SEA had flexibility to award SIG funds 

available under section 1003(g) of the 

ESEA to an LEA to implement one of 

the four SIG models in any priority 

school. 

The 35 applicants listed below were 

granted waivers under ESEA flexibility: 

• Arizona Department of Education 

• Arkansas Department of Education 

• Colorado Department of Education 

• Connecticut State Department of 

Education 

• Delaware Department of Education 

• District of Columbia Office of the 

State Superintendent of Education 

• Florida Department of Education 

• Georgia Department of Education 

• Idaho State Department of Education 

• Indiana Department of Education 

• Kansas State Department of Education 

• Kentucky Department of Education 

• Louisiana Department of Education 

• Maryland State Department of 

Education 

• Massachusetts Department of 

Elementary and Secondary Education 

• Michigan Department of Education 

• Minnesota Department of Education 

• Mississippi Department of Education 

• Missouri Department of Elementary 

and Secondary Education 

• Nevada Department of Education 

• New Jersey Department of Education 

• New Mexico Public Education 

Department 

• New York State Education 

Department 

• North Carolina Department of Public 

Instruction 

• Ohio Department of Education 

• Oklahoma State Department of 

Education 

• Oregon Department of Education 

• Rhode Island Department of 

Education 

• South Carolina Department of 

Education 

• South Dakota Department of 

Education 

• Tennessee Department of Education 

• Utah State Office of Education 

• Virginia Department of Education 

• Washington Office of the 

Superintendent of Public Instruction 

• Wisconsin Department of Public 

Instruction 

K. Waivers Regarding Flexibility in the 

Use of 21st CCLC Program Funds 

The Department waived requirements 

in sections 4201(b)(1)(A) and 

4204(b)(2)(A) of the ESEA that restricted 

the activities provided by a community 

learning center under the 21st CCLC 

program to activities provided only 

during non-school hours or periods 

when school was not in session (i.e., 

before and after school or during 

summer recess). Under this waiver, an 

SEA had flexibility to permit 

community learning centers to use 21st 

CCLC funds to support expanded 

learning time during the school day in 

addition to activities during non-school 

hours or periods when school was not 

in session. 

23 Waiver applicants: 

• Colorado Department of Education 

• Connecticut State Department of 

Education 

• Delaware Department of Education 

• Florida Department of Education 

• Idaho State Department of Education 

• Indiana Department of Education 

• Kansas State Department of Education 

• Kentucky Department of Education 

• Louisiana Department of Education 

• Maryland State Department of 

Education 

• Massachusetts Department of 

Elementary and Secondary Education 

• Mississippi Department of Education 

• Missouri Department of Elementary 

and Secondary Education 

• New Jersey Department of Education 

• New York State Education 

Department 

• North Carolina Department of Public 

Instruction 

• Ohio Department of Education 

• Oklahoma State Department of 

Education 

• Oregon Department of Education 

• Tennessee Department of Education 

• Utah State Office of Education 

• Virginia Department of Education 

• Washington Office of the 

Superintendent of Public Instruction 

L. Waivers Granting Flexibility 

Regarding Making AYP Determinations 

The Department waived the 

requirements in section 1116(a)(1)(A)– 

(B) and (c)(1)(A) of the ESEA that 

required LEAs and SEAs to make 

determinations of AYP for schools and 

LEAs, respectively. Under this waiver, 

an SEA and its LEAs were no longer 

required to make AYP determinations 

for LEAs and schools, respectively. 

Instead, an SEA and its LEAs had to 

report on their report cards performance 

against the AMOs for all subgroups 

identified in section 1111(b)(2)(C)(v) of 

the ESEA, and use performance against 

the AMOs to support continuous 

improvement in Title I schools. 

33 Waiver applicants: 

• Arizona Department of Education 

• Arkansas Department of Education 

• Colorado Department of Education 

• Connecticut State Department of 

Education 

• District of Columbia Office of the 

State Superintendent of Education 

• Florida Department of Education 

• Georgia Department of Education 

• Idaho State Department of Education 

• Indiana Department of Education 

• Kansas State Department of Education 

• Kentucky Department of Education 

• Louisiana Department of Education 

• Maryland State Department of 

Education 

• Massachusetts Department of 

Elementary and Secondary Education 

• Michigan Department of Education 

• Mississippi Department of Education 

• Missouri Department of Elementary 

and Secondary Education 

• Nevada Department of Education 

• New Jersey Department of Education 

• New Mexico Public Education 

Department 

• New York State Education 

Department 

• North Carolina Department of Public 

Instruction 

• Ohio Department of Education 

• Oklahoma State Department of 

Education 

• Oregon Department of Education 

• Rhode Island Department of 

Education 

• South Carolina Department of 

Education 

• South Dakota Department of 

Education 

• Tennessee Department of Education 

• Utah State Office of Education 

• Virginia Department of Education 

• Washington Office of the 

Superintendent of Public Instruction 

• Wisconsin Department of Public 

Instruction 

M. Waivers Granting Flexibility 

Regarding Within-District Title I 

Allocations 

The Department waived the 

requirements in section 1113(a)(3)–(4) of 

the ESEA that required an LEA to serve 

eligible schools under Title I in rank 

order of poverty and to allocate Title I, 

Part A funds based on that rank 

ordering. Under this waiver, an LEA had 

flexibility to serve with Title I funds a 

Title I-eligible high school with a 

graduation rate below 60 percent that 

the SEA identified as a priority school 

even if that school did not rank 

sufficiently high to be served based 

solely on the school’s poverty rate. 

33 Waiver applicants: 

• Arizona Department of Education 

• Arkansas Department of Education 

• Colorado Department of Education 

• Connecticut State Department of 

Education 

• Delaware Department of Education 

• District of Columbia Office of the 

State Superintendent of Education 

• Florida Department of Education 

• Georgia Department of Education 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices 46793 

• Idaho State Department of Education 

• Indiana Department of Education 

• Kansas State Department of Education 

• Kentucky Department of Education 

• Louisiana Department of Education 

• Maryland State Department of 

Education 

• Massachusetts Department of 

Elementary and Secondary Education 

• Mississippi Department of Education 

• Missouri Department of Elementary 

and Secondary Education 

• Nevada Department of Education 

• New Jersey Department of Education 

• New Mexico Public Education 

Department 

• New York State Education 

Department 

• North Carolina Department of Public 

Instruction 

• Ohio Department of Education 

• Oklahoma State Department of 

Education 

• Oregon Department of Education 

• Rhode Island Department of 

Education 

• South Carolina Department of 

Education 

• South Dakota Department of 

Education 

• Tennessee Department of Education 

• Utah State Office of Education 

• Virginia Department of Education 

• Washington Office of the 

Superintendent of Public Instruction 

• Wisconsin Department of Public 

Instruction 

II. Extensions of the Obligation Period 

A. Waivers Granted for ESEA StateAdministered Formula Grant Programs 

That Received FY 2009 Funds Under the 

Department’s Regular Appropriation 

Act 

Extended until September 30, 2012, 

the period of availability of funds under 

certain grant programs. 

Provision waived: Section 421(b) of 

the General Education Provisions Act 

(GEPA). 

11 Waiver applicants and affected 

programs: 

• Delaware Department of Education, 

Title I, Part A (Grants to LEAs), Title 

I, Part B, Subpart 3 (Even Start), Title 

II, Part A (Improving Teacher Quality 

State Grants), Title II, Part B, Sections 

2201–2203 (Math Science 

Partnerships), Title II, Part D (EdTech), Title III, Part A (English 

Language State Grants), Title IV, Part 

A (Safe and Drug Free Schools and 

Community Grants), Title IV, Part B 

(21st Century Community Learning 

Centers), and Title VI, Part A, Subpart 

I, Section 6111 (State Assessment 

Grants) 

• Georgia Department of Education, 

Title II, Part B, Sections 2201–2203 

(Math Science Partnerships), Title II, 

Part D (Ed-Tech), and Title IV, Part A 

(Safe and Drug Free Schools and 

Community Grants) 

• Guam Department of Education, Title 

I, Part A, Subpart 2, Section 1121(b)– 

(c) (Grants to the Outlying Areas) 

• Idaho State Department of Education, 

Title IV, Part A (Safe and Drug Free 

Schools and Community Grants) 

• Illinois State Board of Education, Title 

I, Part A (Grants to LEAs), Title II, Part 

A (Improving Teacher Quality State 

Grants), Title II, Part B, Sections 

2201–2203 (Math Science 

Partnerships), Title II, Part D (EdTech), Title IV, Part A (Safe and Drug 

Free Schools and Community Grants), 

and Title IV, Part B (21st Century 

Community Learning Centers) 

• Massachusetts Department of 

Elementary and Secondary Education, 

Title I, Part A (Grants to LEAs), Title 

I, Part B, Subpart 3 (Even Start), Title 

I, Part D (Neglected and Delinquent 

Program), Title II, Part A (Improving 

Teacher Quality State Grants), Title II, 

Part B, Sections 2201–2203 (Math 

Science Partnerships), Title II, Part D 

(Ed-Tech), Title III, Part A (English 

Language State Grants), Title IV, Part 

A (Safe and Drug Free Schools and 

Community Grants), Title IV, Part B 

(21st Century Community Learning 

Centers), and Title VI, Part A, Subpart 

I, Section 6111 (State Assessment 

Grants) 

• New York State Education 

Department, Title I, Part A (Grants to 

LEAs), Title II, Part A (Improving 

Teacher Quality State Grants), Title II, 

Part D (Ed-Tech), Title III, Part A 

(English Language State Grants), and 

Title IV, Part A (Safe and Drug Free 

Schools and Community Grants) 

• North Carolina Department of Public 

Instruction, Title II, Part D (Ed-Tech) 

• Ohio Department of Education, Title I, 

Part B, Subpart 3 (Even Start), Title I, 

Part C (Migrant Education State 

Grants), Title I, Part D (State Agency 

Neglected and Delinquent Program), 

Title II, Part B, Sections 2201–2203 

(Math Science Partnerships), Title II, 

Part D (Ed-Tech), and Title IV, Part A 

(Safe and Drug Free Schools and 

Community Grants) 

• Virgin Islands Department of 

Education, Title I, Part A, Subpart 2, 

Section 1121(b)–(c) (Grants to the 

Outlying Areas) 

• West Virginia Department of 

Education, Title I, Part A (Grants to 

LEAs), Title I, Part B, Subpart 3 (Even 

Start), Title I, Part C (Migrant 

Education State Grants), Title II, Part 

A (Improving Teacher Quality State 

Grants), Title II, Part B, Sections 

2201–2203 (Math Science 

Partnerships), Title II, Part D (EdTech), Title III, Part A (English 

Language State Grants), and Title IV, 

Part A (Safe and Drug Free Schools 

and Community Grants) 

B. Waivers Granted for ESEA StateAdministered Formula Grant Programs 

That Received FY 2009 Funds Under the 

ARRA 

Extended until September 30, 2012, 

the period of availability of funds under 

certain grant programs. 

Provision waived: Section 421(b) of 

GEPA. 

14 Waiver applicants and affected 

programs: 

• American Samoa Department of 

Education, Title I, Part A, Subpart 2, 

Section 1121(b)–(c) (Grants to the 

Outlying Areas) 

• Arizona Department of Education, 

Title II, Part D (Ed-Tech) 

• Bureau of Indian Education, Title I, 

Part A (Grants to LEAs), and Title II, 

Part D (Ed-Tech) 

• Delaware Department of Education, 

Title I, Part A (Grants to LEAs), and 

Title II, Part D (Ed-Tech) 

• Georgia Department of Education, 

Title I, Part A (Grants to LEAs), and 

Title II, Part D (Ed-Tech) 

• Guam Department of Education, Title 

I, Part A, Subpart 2, Section 1121(b)– 

(c) (Grants to the Outlying Areas) 

• Idaho State Department of Education, 

Title I, Part A (Grants to LEAs) 

• Illinois State Board of Education, Title 

I, Part A (Grants to LEAs), and Title 

II, Part D (Ed-Tech) 

• Massachusetts Department of 

Elementary and Secondary Education, 

Title I, Part A (Grants to LEAs), and 

Title II, Part D (Ed-Tech) 

• New York State Education 

Department, Title I, Part A (Grants to 

LEAs), and Title II, Part D (Ed-Tech) 

• North Carolina Department of Public 

Instruction, Title II, Part D (Ed-Tech) 

• Ohio Department of Education, Title I, 

Part A (Grants to LEAs), and Title II, 

Part D (Ed-Tech) 

• Virgin Islands Department of 

Education, Title I, Part A, Subpart 2, 

Section 1121(b)–(c) (Grants to the 

Outlying Areas) 

• West Virginia Department of 

Education, Title I, Part A (Grants to 

LEAs), and Title II, Part D (Ed-Tech) 

C. Waivers for the Enhancing Education 

Through Technology Program 

Extended until September 30, 2013, 

the period of availability of FY 2010 

(non-ARRA) funds awarded under the 

Title II, Part D (Ed-Tech) grant program. 

Provision waived: Section 421(b) of 

GEPA. 

One Waiver applicant: 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
46794 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices 

• Idaho State Department of Education 

D. Waivers for the Migrant Education 

Consortium Incentive Grant Program 

Extended until September 30, 2012, 

the period of availability of FY 2009 

funds awarded under the Title I, Part C 

(Migrant Education Consortium 

Incentive Grant) grant program. 

Provision waived: Section 421(b) of 

GEPA. 

One Waiver applicant: 

• North Carolina Department of Public 

Instruction 

E. Waivers of Consolidated Grant Funds 

for Insular Areas 

Extended until September 30, 2014, 

the period of availability of FY 2012 

funds awarded under Title I, Part A, 

Subpart 2, Section 1121(b) and (c) 

(Grants to the Outlying Areas) 

Provision waived: Section 421(b) of 

GEPA. 

Two Waiver applicants: 

• Commonwealth of the Northern 

Mariana Islands Public School System 

• Virgin Islands Department of 

Education 

F. Waivers of the School Improvement 

Requirements for Certain Fiscal Years’ 

Funds 

Extended the period of availability of 

FY 2009 SIG funds awarded under 

section 1003(g) of the ESEA. 

Provision waived: Section 421(b) of 

GEPA. 

One Waiver applicant: 

• Delaware Department of Education 

Extended the period of availability of 

FY 2010 SIG funds awarded under 

section 1003(g) of the ESEA. 

Provision waived: Section 421(b) of 

GEPA. 

24 Waiver applicants: 

• Arizona Department of Education 

• Arkansas Department of Education 

• Colorado Department of Education 

• Delaware Department of Education 

• Idaho State Department of Education 

• Illinois State Board of Education 

• Indiana Department of Education 

• Kansas State Department of Education 

• Kentucky Department of Education 

• Louisiana Department of Education 

• Maryland State Department of 

Education 

• Massachusetts Department of 

Elementary and Secondary Education 

• Michigan Department of Education 

• Minnesota Department of Education 

• Nevada Department of Education 

• New Jersey Department of Education 

• New York State Education 

Department 

• Ohio Department of Education 

• Oklahoma State Department of 

Education 

• Oregon Department of Education 

• Puerto Rico Department of Education 

• South Carolina Department of 

Education 

• Tennessee Department of Education 

• Wyoming Department of Education 

Extended the period of availability of 

FY 2011 SIG funds awarded under 

section 1003(g) of the ESEA. 

Provision waived: Section 421(b) of 

GEPA. 

13 Waiver applicants: 

• Alabama Department of Education 

• Arkansas Department of Education 

• California Department of Education 

• Colorado Department of Education 

• Delaware Department of Education 

• Illinois State Board of Education 

• Indiana Department of Education 

• Louisiana Department of Education 

• Massachusetts Department of 

Elementary and Secondary Education 

• Missouri Department of Elementary 

and Secondary Education 

• Nebraska Department of Education 

• Nevada Department of Education 

• Rhode Island Department of 

Education 

G. Waivers for the Striving Readers 

Comprehensive Literacy Formula Grant 

Program 

Extended the period of availability of 

FY 2010 funds awarded under Title I, 

Part E, Section 1502 of the ESEA. 

Provision waived: Section 421(b) of 

GEPA. 

Six Waiver applicants: 

• Idaho State Department of Education 

• Louisiana Department of Education 

• Maine Department of Education 

• Missouri Department of Elementary 

and Secondary Education 

• Nebraska Department of Education 

• Wisconsin Department of Public 

Instruction 

III. Waivers of SIG Requirements 

A. Waivers of School Eligibility 

Requirements and Definition of 

Persistently Lowest-Achieving Schools 

Waived the school eligibility 

requirements to enable a State to replace 

its list of Tier I, Tier II, and Tier III 

schools with its list of priority schools 

and to replace the definition of 

‘‘persistently lowest-achieving schools’’ 

with the State’s definition of ‘‘priority 

schools.’’ 

Provisions waived: Sections I.A.1 and 

I.A.3 of the SIG final requirements (75 

FR 66363). 

Three Waiver applicants: 

• Minnesota Department of Education 

• Oklahoma State Department of 

Education 

• Tennessee Department of Education 

B. Waivers Granting Additional Time To 

Meet Teacher and Principal Evaluation 

Requirements (Cohorts 1 and 2 Schools) 

Allowed SEAs to permit an LEA that 

was implementing during the 2010– 

2011 school year a transformation 

model with SIG funds, which required 

development and implementation of 

high-quality evaluation systems, to have 

additional time to meet the teacher and 

principal evaluation requirements in 

schools that were not able to do so that 

year. 

Provision waived: Section 

I.A.2(d)(1)(i)(B) of the SIG final 

requirements (75 FR 66363). 

18 Waiver applicants: 

a. Cohort 1 Schools: 

• Alabama Department of Education 

• California Department of Education 

• Hawaii State Department of Education 

• Illinois State Board of Education 

• Mississippi Department of Education 

• Missouri Department of Elementary 

and Secondary Education 

• New Jersey Department of Education 

• Pennsylvania Department of 

Education 

• Puerto Rico Department of Education 

• Texas Education Agency 

• Vermont Agency of Education 

b. Cohort 2 Schools: 

• Illinois State Board of Education 

• Mississippi Department of Education 

• Missouri Department of Elementary 

and Secondary Education 

• New Jersey Department of Education 

• Pennsylvania Department of 

Education 

• Puerto Rico Department of Education 

• Texas Education Agency 

IV. Waivers of Related to State 

Academic Standards and Assessments 

A. Waivers Regarding Standards and 

Assessments 

Allowed the Kansas State Department 

of Education to permit McPherson 

Unified School District (MUSD), Kansas 

City, Kansas Public Schools (KCKPS), 

and the Clifton-Clyde Unified School 

District (Clifton-Clyde) to— 

(1) Administer the ACT in grade 12 

and the EXPLORE in grade 8 in lieu of 

the Kansas State assessments; and 

(2) Use the results of those 

assessments for accountability purposes. 

Provisions waived: Section 

1111(b)(1)(B), (b)(3)(A), (b)(3)(C)(i), and 

(b)(3)(C)(ii) of the ESEA, and 34 CFR 

200.1(a)(1) and 200.2(b)(1) and (b)(3)(i). 

One Waiver applicant: 

• Kansas State Department of Education 

Allowed Kansas to— 

(1) Administer only the Algebra I endof-course (EOC) assessment to any 

middle school student who took that 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices 46795 

course and to use those results in 

middle school accountability 

determinations rather than results from 

the 7th or 8th grade general 

mathematics assessment; 

(2) Administer the Geometry EOC 

assessment to any 8th grade student 

who took Algebra I in 7th grade and 

Geometry in 8th grade and to use the 

results of that assessment in middle 

school accountability determinations; 

and 

(3) Assess students who took Algebra 

I or Geometry in middle school with the 

Algebra II EOC assessment in high 

school and use those results for high 

school accountability purposes. 

Provisions waived: Section 

1111(b)(1)(B) and (b)(3)(C)(i) of the 

ESEA, and 34 CFR 200.1(a)(1). 

One Waiver applicant: 

• Tennessee Department of Education 

Allowed Tennessee to— 

(1) Use, with respect to a student who 

was not yet enrolled in high school but 

who took Algebra I or English II and the 

corresponding EOC assessment, the 

student’s score on that assessment for 

accountability purposes for the grade in 

which the student was enrolled; and 

(2) Use EOC assessments for Algebra 

II and English III for high school 

accountability purposes for those 

students who take Algebra I or English 

II, respectively, prior to entering high 

school. 

Provisions waived: Section 

1111(b)(1)(B) and (b)(3)(C)(i) of the 

ESEA. 

B. Waivers Permitting the Use of AMOs 

To Make AYP Determinations Based on 

Assessments Administered the Previous 

Year 

Permitted SEAs to use the same 

AMOs to make AYP determinations 

based on assessments administered in 

the 2011–2012 school year that were 

used to make such determinations based 

on assessments administered in the 

2010–2011 school year. 

Provision waived: Section 

1111(b)(2)(H) of the ESEA. 

Eight Waiver applicants: 

• Alabama Department of Education 

• Alaska Department of Education and 

Early Development 

• Idaho State Department of Education 

• Illinois State Board of Education 

• Iowa Department of Education 

• Kansas State Department of Education 

• Maine Department of Education 

• West Virginia Department of 

Education 

V. Waiver of the Five Percent Cap on 

Title I Funds an LEA May Reserve To 

Provide Financial Incentives and 

Rewards to Teachers in Schools 

Identified for Improvement, Corrective 

Action, or Restructuring 

Permitted the Hillsborough County 

Public Schools (Florida) to reserve up to 

6.6 percent of its FY 2012 Title I 

allocation for rewards and incentives in 

the 43 schools identified by the LEA. 

Provision waived: Section 1113(c)(4) 

of the ESEA. 

One Waiver applicant: 

• Hillsborough County Public Schools 

(Florida) 

VI. Schoolwide Poverty Threshold 

Waivers Allowing Flexibility for 

Schoolwide Programs in Title I Schools 

Permitted Dunn School and Memorial 

School in Maine’s Regional School 

Unit/Maine School Administrative 

District #15 (MSAD #15) to become Title 

I, Part A schoolwide program schools 

with percentages of low-income 

students of less than 40 percent. 

Provision waived: Section 1114(a)(1) 

of the ESEA. 

One Waiver applicant: 

• MSAD #15 

Permitted Piedmont Valley 

Elementary (Piedmont) in South Dakota 

to be eligible to operate a schoolwide 

program with less than 40 percent of 

students being from low-income 

families. 

Provision waived: Section 1114(a)(1) 

of the ESEA. 

One Waiver applicant: 

• Meade School District 46–1 

VII. Waivers Regarding Public School 

Choice Notice 

Allowed SEAs to provide notice of 

public school choice options less than 

14 days before the start of the school 

year to parents of eligible children 

attending schools that were newly 

identified for improvement for the 

2011–2012 school year or made AYP in 

the previous year, but did not exit 

improvement status. 

Provisions waived: Section 

1116(b)(1)(E)(i) of the ESEA and 34 CFR 

200.37(b)(4)(iv). 

Four Waiver applicants: 

• Minnesota Department of Education 

• Nebraska Department of Education 

• Oklahoma State Department of 

Education 

• Wyoming Department of Education 

VIII. Waivers Allowing LEAs To 

Provide SES, in Addition to Public 

School Choice, to Eligible Students in 

Title I Schools in the First Year of 

School Improvement and To Count the 

Costs of Both Toward Meeting the 

LEAs’ ‘‘20 Percent Obligation’’ 

New Applicants: 

1. Waiver applicant: Wyoming 

Department of Education 

• Provisions waived: Section 

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

200.48. 

• Description of waiver: For the 2010– 

2011 and 2011–2012 school year, 

permitted an LEA in Wyoming to offer 

SES, in addition to public school 

choice, to eligible students in a Title I 

school in the first year of school 

improvement and to count the costs of 

providing SES to these students toward 

meeting the LEA’s ‘‘20 percent 

obligation.’’ 

Continuation Applicant: 

1. Waiver applicant: Alabama 

Department of Education 

• Provisions waived: Section 

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

200.48. 

• Description of waiver: For the 2012– 

2013 school year, permitted LEAs in 

Alabama to offer SES, in addition to 

public school choice, to eligible 

students in Title I schools in the first 

year of improvement and to count the 

costs of providing SES to these students 

toward meeting the LEA’s ‘‘20 percent 

obligation.’’ 

IX. Waivers Allowing SEAs or LEAs To 

Approve Schools or LEAs in Need of 

Improvement To Become SES Providers 

1. Waiver applicant: California 

Department of Education 

• Provisions waived: 34 CFR 

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

• Description of waiver: Permitted 

California to approve a school or LEA 

identified for improvement, corrective 

action, or restructuring to serve as a 

provider of SES during the 2012–2013 

and 2013–2014 school year. 

2. Waiver applicant: Montana Office 

of Public Instruction 

• Provisions waived: 34 CFR 

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

• Description of waiver: Permitted 

Montana to approve a school or LEA 

identified for improvement, corrective 

action, or restructuring to serve as a 

provider of SES during the 2012–2013 

school year. 

3. Waiver applicant: Nebraska 

Department of Education 

• Provisions waived: 34 CFR 

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

• Description of waiver: Permitted 

Nebraska to approve a school or LEA 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
46796 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices 

1On December 10, 2015, the Every Student 

Succeeds Act (ESSA), which reauthorized the 

Elementary and Secondary Education Act of 1965 

(ESEA), was signed into law. The ESEA waiver 

provisions in section 8401 of the ESEA, as amended 

by the ESSA, went into effect on that date. 

However, the Department awarded and 

administered FY 2016 formula grant funds in 

accordance with the ESEA as in effect on the day 

before the date of enactment of the ESSA (i.e., the 

requirements promulgated under the No Child Left 

Behind Act of 2001 (NCLB)) consistent with 

clarification from Congress in the Consolidated 

Appropriations Act, 2016. Accordingly, unless 

otherwise noted, all references to the ESEA in this 

notice refer to the ESEA, as amended by NCLB. 

identified for improvement, corrective 

action, or restructuring to serve as a 

provider of SES during the 2011–2012 

school year. 

4. Waiver applicant: Wyoming 

Department of Education 

• Provisions waived: 34 CFR 

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

• Description of waiver: Permitted 

Wyoming to approve a school or LEA 

identified for improvement, corrective 

action, or restructuring to serve as a 

provider of SES for the 2010–2011 and 

2011–2012 school years. 

X. Authorizing an SEA To Waive the 

Carryover Limitation for an LEA 

Because of Its Receipt of Title I, Part A 

ARRA Funds 

Waiver to permit an SEA to waive the 

carryover limitation more than once 

within three years for an LEA that needs 

the additional waiver because of its 

receipt of Title I, Part A ARRA funds. 

Provision waived: Section 1127(b) of 

the ESEA. 

Eight Waiver applicants: 

• Maine Department of Education 

• Michigan Department of Education 

• Montana Office of Public Instruction 

• Nebraska Department of Education 

• Nevada Department of Education 

• Ohio Department of Education 

• Oklahoma State Department of 

Education 

• South Carolina Department of 

Education 

XI. Waiver of AYP Requirement for 

Annual Measurable Achievement 

Objectives (AMAOs) 

1. Waiver applicant: Colorado 

Department of Education 

• Provision waived: Section 

3122(a)(3)(A)(iii) of the ESEA. 

• Description of waiver: Granted a 

two-year waiver so that Colorado may 

use, for purposes of AMAO 3, the same 

targets used in the growth component of 

its State-developed differentiated 

recognition, accountability, and support 

system in reading, writing, and 

mathematics, in place of the State’s 

AMOs. 

XII. Waivers Related to Rural Programs 

A. Waivers Allowing SEAs To Provide 

Equitable Services for Private School 

Students and Teachers Under the RLIS 

Provision waived: Section 6222 of the 

ESEA. 

Two Waiver applicants: 

• Commonwealth of the Northern 

Mariana Islands Public School System 

• Virgin Islands Department of 

Education 

B. Waivers Allowing SEAs To Meet the 

Academic Achievement Assessment 

Requirement in an Alternative Manner 

Under RLIS 

Provision waived: Section 6224(d) of 

the ESEA. 

Two Waiver applicants: 

• Commonwealth of the Northern 

Mariana Islands Public School System 

• Virgin Islands Department of 

Education 

Accessible Format: Individuals with 

disabilities can obtain this document in 

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

print, audiotape, or compact disc) on 

request to the program contact person 

listed under FOR FURTHER INFORMATION

CONTACT. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. Free internet access to the 

official edition of the Federal Register 

and the Code of Federal Regulations is 

available via the Federal Digital System 

at: www.gpo.gov/fdsys. At this site you 

can view this document, as well as other 

documents of this Department 

published in the Federal Register, in 

text or Portable Document Format 

(PDF). To use PDF you must have 

Adobe Acrobat Reader, which is 

available free at the site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at: www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

Dated: October 3, 2017. 

Jason Botel, 

Acting Assistant Secretary for Elementary and 

Secondary Education. 

[FR Doc. 2017–21623 Filed 10–5–17; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

Notice of Waivers Granted Under 

Section 8401 of the Elementary and 

Secondary Education Act of 1965, as 

Amended by the Every Student 

Succeeds Act 

AGENCY: Office of Elementary and 

Secondary Education, Department of 

Education. 

ACTION: Notice. 

SUMMARY: In this notice, we announce 

the waivers that the U.S. Department of 

Education (Department) granted during 

calendar year 2016 under the waiver 

authority in section 8401 of the 

Elementary and Secondary Education 

Act of 1965, as amended by the Every 

Student Succeeds Act.1

The ESEA requires that the 

Department publish in the Federal 

Register, and disseminate to interested 

parties, a notice of its decision to grant 

a waiver of statutory or regulatory 

requirements under the ESEA. Between 

2011 and 2016, the Department granted 

more than 800 waivers of statutory or 

regulatory requirements to State 

educational agencies (SEAs) but 

neglected to comply with the ESEA’s 

publication and dissemination 

requirements. This notice is intended to 

fulfill the Department’s obligation to 

publicize its waiver decisions by 

identifying the waivers granted during 

each calendar year. 

FOR FURTHER INFORMATION CONTACT: Kia 

Weems, U.S. Department of Education, 

400 Maryland Avenue SW., Room 

3W341, Washington, DC 20202. 

Telephone: (202) 260–2221 or by email: 

Kia.Weems@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD) or a text 

telephone (TTY), call the Federal Relay 

Service (FRS), toll free, at 1–800–877– 

8339. 

SUPPLEMENTARY INFORMATION: In 2016, 

the Department granted a total of 111 

waivers to States under the waiver 

authority in section 8401 of the ESEA, 

as amended by the ESSA. We granted: 

(a) 73 waivers extending the period in 

which funds were available for 

obligation: 66 waivers for school 

improvement activities, one waiver for 

Improving Teacher Quality, one waiver 

for Migrant Education, three waivers for 

21st Century Community Learning 

Centers (21st CCLC), and two waivers 

for Mathematics and Science 

Partnerships; 

(b) 32 waivers of requirements related 

to State academic standards or 

assessments: Six waivers allowing 

substitution of standards or assessments 

and six waivers permitting SEAs or 

LEAs to refrain from reporting 

assessment or accountability 

determinations; and 26 waivers of the 

requirement that a State’s assessment 


asabaliauskas on DSKBBXCHB2PROD with NOTICES