[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Notices]
[Pages 46773-46778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21620]


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DEPARTMENT OF EDUCATION


Notice of Waivers Granted Under Section 9401 of the Elementary 
and Secondary Education Act of 1965, as Amended

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

ACTION: Notice.

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SUMMARY: In this notice, we announce the waivers that the U.S. 
Department of Education (Department) granted during calendar year 2014 
under the waiver authority in the Elementary and Secondary Education 
Act of 1965, as amended by the No Child Left Behind Act of 2001 (ESEA), 
including waivers related to flexibilities 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 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: <a href="/cdn-cgi/l/email-protection#dc97b5bdf28bb9b9b1af9cb9b8f2bbb3aa"><span class="__cf_email__" data-cfemail="eba0828ac5bc8e8e8698ab8e8fc58c849d">[email protected]</span></a>.
    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 2014, the Department granted waivers 
through an initiative known as ESEA flexibility to 39 States under the 
waiver authority in section 9401 of the ESEA, in exchange for rigorous 
and comprehensive State-developed plans designed to improve student 
academic

[[Page 46774]]

achievement and increase the quality of instruction. We granted:
    (a) The following 10 waivers to 39 SEAs under ESEA flexibility:
    1. Flexibility Regarding the 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 10 provisions listed above, the 
Department granted three optional waivers under ESEA flexibility 
related to the following:
    1. Waivers of the 21st Century Community Learning Centers (21st 
CCLC) requirement to provide services during non-school hours or when 
school is not in session;
    2. Waivers of the requirement to make AYP determinations; and
    3. Waivers of requirements pertaining to Title I, Part A within-
district allocations.
    (b) 67 waivers extending the period in which funds were available 
for obligation: Three waivers extending the period of availability of 
fiscal year (FY) 2009 SIG funds under the regular appropriation and the 
American Recovery and Reinvestment Act of 2009 (ARRA); 62 waivers 
extending the period of availability of FY 2010, 2011, 2012, or 2013 
SIG funds; one waiver related to consolidated grant funds for Insular 
Areas; and one waiver extending the period for the Mathematics and 
Science Partnerships program funds;
    (c) Eight waivers pertaining to SIG school eligibility requirements 
and the definition of ``persistently lowest-achieving schools'';
    (d) Six waivers allowing SEAs to approve schools or LEAs identified 
as ``in need of improvement'' to become supplemental educational 
services (SES) providers;
    (e) 39 waivers of requirements related to State academic standards 
or assessments: 18 waivers of the statutory and regulatory requirements 
under Title I, Part A of the ESEA that required States to apply the 
same academic content and academic achievement standards to, and to use 
the same academic assessment for, all public schools and public school 
children in the State; 13 waivers that allowed students (except those 
with the most significant cognitive disabilities) to take only one 
assessment in each content area in 2013-2014--either the current State 
assessment or the full form of the field test of the new assessments 
aligned to college- and career-ready standards; four waivers permitting 
the State to assess students who were not yet enrolled in high school 
but who took advanced, high school level coursework with the 
corresponding advanced, high school level assessment alone; three 
waivers permitting students with the most significant cognitive 
disabilities within the State to take only one assessment in each 
content area in 2013-2014--either the current State alternate 
assessments based on alternate academic achievement standards or the 
field test of new alternate assessments; and one waiver permitting a 
State to administer the high school exit examination to high school 
students in grade 10 and the alternate performance assessment to 
students with the most significant cognitive disabilities;
    (f) Two waivers of the third of three annual measureable 
achievement objectives (AMAOs 3) under Title III, allowing States to 
use the same targets used to determine AYP under Title I in place of 
the State's AMOs;
    (g) One waiver of the requirement under Title I, Part A to provide 
parents notice of public school choice options at least 14 days before 
the start of the school year; and
    (h) 10 waivers of the Teacher Incentive Fund (TIF) program absolute 
priority requirement in the notice of final priorities (NFR) that 
required each TIF grantee to develop a rigorous evaluation system for 
teachers and principals, and of one of the five core elements in the 
NFR.

I. ESEA Flexibility Waivers

A. Flexibility Regarding the 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.
    Provisions waived: Section 1111(b)(2)(E)-(H) of the ESEA.

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.
    Provision waived: Section 1116(b) of the ESEA, except that (b)(13) 
was not waived.

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.
    Provisions waived: Section 1116(c)(3) and (5)-(11) of the ESEA.

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 Rural and Low-
Income School (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

[[Page 46775]]

funds for any authorized purpose regardless of the LEA's AYP status.
    Provisions waived: Sections 6213(b) and 6224(e) of the ESEA.

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.
    Provision waived: Section 1114(a)(1) of the ESEA.

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.
    Provision waived: Section 1003(a) of the ESEA.

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 I, 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.
    Provision waived: Section 1117(b)(1)(B) of the ESEA.

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.
    Provisions waived: Section 2141(a)-(c) of the ESEA.

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.
    Provisions waived: Section 6123(a), (b)(1), (d), and (e)(1) of the 
ESEA.

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 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.
    Provisions waived: Section 1003(g)(4) of the ESEA and section I.A.3 
of the notice of final requirements for SIG Grants, published in the 
Federal Register on October 28, 2010 (74 FR 65618).
    Waiver applicants:

<bullet> Alabama State Board of Education
<bullet> Arizona Department of Education
<bullet> Arkansas Department of Education
<bullet> Colorado Department of Education
<bullet> Delaware Department of Education
<bullet> District of Columbia Office of the State Superintendent of 
Education
<bullet> Florida Department of Education
<bullet> Georgia Department of Education
<bullet> Hawaii State Department of Education
<bullet> Idaho State Department of Education
<bullet> Illinois State Board of Education
<bullet> Indiana Department of Education
<bullet> Kansas State Department of Education
<bullet> Kentucky Department of Education
<bullet> Louisiana Department of Education
<bullet> Maryland State Department of Education
<bullet> Massachusetts Department of Elementary and Secondary Education
<bullet> Michigan Department of Education
<bullet> Minnesota Department of Education
<bullet> Mississippi Department of Education
<bullet> Missouri Department of Elementary and Secondary Education
<bullet> Nevada Department of Education
<bullet> New Jersey Department of Education
<bullet> New Mexico Public Education Department
<bullet> New York State Education Department
<bullet> North Carolina Department of Public Instruction
<bullet> Ohio Department of Education
<bullet> Oklahoma State Department of Education
<bullet> Oregon Department of Education
<bullet> Pennsylvania Department of Education
<bullet> Puerto Rico Department of Education
<bullet> Rhode Island Department of Education
<bullet> South Carolina Department of Education
<bullet> South Dakota Department of Education
<bullet> Tennessee Department of Education
<bullet> Texas Education Agency
<bullet> Utah State Office of Education
<bullet> Virginia Department of Education
<bullet> Wisconsin Department of Public Instruction

K. 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.
    Provisions waived: Section 4201(b)(1)(A) and 4204(b)(2)(A) of the 
ESEA.
    Waiver applicants:

<bullet> Alabama State Board of Education
<bullet> Arizona Department of Education
<bullet> Arkansas Department of Education
<bullet> Colorado Department of Education
<bullet> Delaware Department of Education

[[Page 46776]]

<bullet> District of Columbia Office of the State Superintendent of 
Education
<bullet> Florida Department of Education
<bullet> Georgia Department of Education
<bullet> Hawaii State Department of Education
<bullet> Idaho State Department of Education
<bullet> Illinois State Board of Education
<bullet> Indiana Department of Education
<bullet> Kansas State Department of Education
<bullet> Kentucky Department of Education
<bullet> Louisiana Department of Education
<bullet> Maryland State Department of Education
<bullet> Massachusetts Department of Elementary and Secondary Education
<bullet> Michigan Department of Education
<bullet> Minnesota Department of Education
<bullet> Mississippi Department of Education
<bullet> Missouri Department of Elementary and Secondary Education
<bullet> Nevada Department of Education
<bullet> New Jersey Department of Education
<bullet> New Mexico Public Education Department
<bullet> New York State Education Department
<bullet> North Carolina Department of Public Instruction
<bullet> Ohio Department of Education
<bullet> Oklahoma State Department of Education
<bullet> Oregon Department of Education
<bullet> Pennsylvania Department of Education
<bullet> Puerto Rico Department of Education
<bullet> Rhode Island Department of Education
<bullet> South Carolina Department of Education
<bullet> South Dakota Department of Education
<bullet> Tennessee Department of Education
<bullet> Texas Education Agency
<bullet> Utah State Office of Education
<bullet> Virginia Department of Education
<bullet> Wisconsin Department of Public Instruction

L. 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. 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.
    Provisions waived: Section 1116(a)(1)(A)-(B) and (c)(1)(A) of the 
ESEA.
    Waiver applicants:

<bullet> Alabama State Board of Education
<bullet> Arizona Department of Education
<bullet> Arkansas Department of Education
<bullet> Colorado Department of Education
<bullet> Delaware Department of Education
<bullet> District of Columbia Office of the State Superintendent of 
Education
<bullet> Florida Department of Education
<bullet> Georgia Department of Education
<bullet> Hawaii State Department of Education
<bullet> Idaho State Department of Education
<bullet> Illinois State Board of Education
<bullet> Indiana Department of Education
<bullet> Kansas State Department of Education
<bullet> Kentucky Department of Education
<bullet> Louisiana Department of Education
<bullet> Maryland State Department of Education
<bullet> Massachusetts Department of Elementary and Secondary Education
<bullet> Michigan Department of Education
<bullet> Minnesota Department of Education
<bullet> Mississippi Department of Education
<bullet> Missouri Department of Elementary and Secondary Education
<bullet> Nevada Department of Education
<bullet> New Jersey Department of Education
<bullet> New Mexico Public Education Department
<bullet> New York State Education Department
<bullet> North Carolina Department of Public Instruction
<bullet> Ohio Department of Education
<bullet> Oklahoma State Department of Education
<bullet> Oregon Department of Education
<bullet> Pennsylvania Department of Education
<bullet> Puerto Rico Department of Education
<bullet> Rhode Island Department of Education
<bullet> South Carolina Department of Education
<bullet> South Dakota Department of Education
<bullet> Tennessee Department of Education
<bullet> Texas Education Agency
<bullet> Utah State Office of Education
<bullet> Virginia Department of Education
<bullet> Wisconsin Department of Public Instruction

M. 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.
    Provisions waived: Section 1113(a)(3)-(4) and (c)(1) of the ESEA.
    Waiver applicants:

<bullet> Alabama State Board of Education
<bullet> Arizona Department of Education
<bullet> Arkansas Department of Education
<bullet> Colorado Department of Education
<bullet> Delaware Department of Education
<bullet> District of Columbia Office of the State Superintendent of 
Education
<bullet> Florida Department of Education
<bullet> Georgia Department of Education
<bullet> Hawaii State Department of Education
<bullet> Idaho State Department of Education
<bullet> Illinois State Board of Education
<bullet> Indiana Department of Education
<bullet> Kansas State Department of Education
<bullet> Kentucky Department of Education
<bullet> Louisiana Department of Education
<bullet> Maryland State Department of Education
<bullet> Massachusetts Department of Elementary and Secondary Education
<bullet> Michigan Department of Education
<bullet> Minnesota Department of Education
<bullet> Mississippi Department of Education
<bullet> Missouri Department of Elementary and Secondary Education
<bullet> Nevada Department of Education
<bullet> New Jersey Department of Education
<bullet> New Mexico Public Education Department
<bullet> New York State Education Department
<bullet> North Carolina Department of Public Instruction
<bullet> Ohio Department of Education
<bullet> Oklahoma State Department of Education
<bullet> Oregon Department of Education
<bullet> Pennsylvania Department of Education
<bullet> Puerto Rico Department of Education
<bullet> Rhode Island Department of Education
<bullet> South Carolina Department of Education
<bullet> South Dakota Department of Education
<bullet> Tennessee Department of Education
<bullet> Texas Education Agency
<bullet> Utah State Office of Education
<bullet> Virginia Department of Education
<bullet> Wisconsin Department of Public Instruction

II. Extensions of the Obligation Period

    A. Waivers to extend the period of availability of SIG ARRA funds.
    Extended the period of availability of FY 2009 SIG funds awarded 
under Public Law 111-5, ARRA.
    Provision waived: Tydings Amendment, section 421(b) of the General 
Education Provisions Act (GEPA) (20 U.S.C. 1225(b)).
    Waiver applicants:

<bullet> Georgia Department of Education
<bullet> New York State Education Department

[[Page 46777]]

<bullet> Texas Education Agency

    B. Waivers to extend the period of availability of SIG funds.
    1. Extended the period of availability of FY 2009 SIG funds awarded 
under section 1003(g) of the ESEA.
    Provision waived: Tydings Amendment, section 421(b) of GEPA (20 
U.S.C. 1225(b)).
    Waiver applicants:

<bullet> Georgia Department of Education
<bullet> New York State Education Department
<bullet> Texas Education Agency

    2. Extended the period of availability of FY 2010 SIG funds awarded 
under section 1003(g) of the ESEA.
    Provision waived: Tydings Amendment, section 421(b) of GEPA (20 
U.S.C. 1225(b)).
    Waiver applicants:

<bullet> Arkansas Department of Education
<bullet> Idaho State Department of Education
<bullet> Illinois State Board of Education
<bullet> Iowa Department of Education
<bullet> Louisiana Department of Education
<bullet> Mississippi Department of Education
<bullet> Nebraska Department of Education
<bullet> New Hampshire Department of Education
<bullet> New Jersey Department of Education
<bullet> New Mexico Public Education Department
<bullet> New York State Education Department
<bullet> Oklahoma State Department of Education
<bullet> Texas Education Agency

    3. Extended the period of availability of FY 2011 SIG funds awarded 
under section 1003(g) of the ESEA.
    Provision waived: Tydings Amendment, section 421(b) of GEPA (20 
U.S.C. 1225(b)).
    Waiver applicants:

<bullet> Delaware Department of Education
<bullet> Hawaii State Department of Education
<bullet> Maine Department of Education
<bullet> Michigan Department of Education
<bullet> Minnesota Department of Education
<bullet> Mississippi Department of Education
<bullet> New Jersey Department of Education
<bullet> Pennsylvania Department of Education
<bullet> Puerto Rico Department of Education
<bullet> Rhode Island Department of Education
<bullet> Tennessee Department of Education
<bullet> Wisconsin Department of Public Instruction

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

<bullet> Alabama State Board of Education
<bullet> Arizona Department of Education
<bullet> California Department of Education
<bullet> Florida Department of Education
<bullet> Hawaii State Department of Education
<bullet> Illinois State Board of Education
<bullet> Iowa Department of Education
<bullet> Maine Department of Education
<bullet> Maryland State Department of Education
<bullet> Michigan Department of Education
<bullet> Minnesota Department of Education
<bullet> Mississippi Department of Education
<bullet> Missouri Department of Elementary and Secondary Education
<bullet> New Hampshire Department of Education
<bullet> New Jersey Department of Education
<bullet> New Mexico Public Education Department
<bullet> New York State Education Department
<bullet> North Dakota Department of Public Instruction
<bullet> Ohio Department of Education
<bullet> Oklahoma State Department of Education
<bullet> Oregon Department of Education
<bullet> Pennsylvania Department of Education
<bullet> Puerto Rico Department of Education
<bullet> South Dakota Department of Education
<bullet> Tennessee Department of Education
<bullet> Texas Education Agency
<bullet> Utah State Office of Education
<bullet> Virginia Department of Education
<bullet> Washington Office of the Superintendent of Public Instruction
<bullet> West Virginia Department of Education
<bullet> Wisconsin Department of Public Instruction

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

<bullet> Alaska Department of Education and Early Development
<bullet> Tennessee Department of Education
<bullet> Wisconsin Department of Public Instruction

    C. Waiver to extend the period of availability of FY 2012 funds 
received under section 1003(g) of the ESEA and included in Consolidated 
Grant funds for Insular Areas.
    Provision waived: Tydings Amendment, section 421(b) of GEPA (20 
U.S.C. 1225(b)).
    Waiver applicant:

<bullet> Virgin Islands Department of Education

    D. Waiver to extend the period of availability of FY 2012 funds for 
the Mathematics and Science Partnerships program awarded under Title 
II, Part B of the ESEA.
    Provision waived: Tydings Amendment, section 421(b) of GEPA (20 
U.S.C. 1225(b)).
    Waiver applicant:

<bullet> Illinois State Board of Education

III. Waivers of School Eligibility Requirements and Definition of 
``Persistently Lowest-Achieving Schools''

    Waivers to replace the list of Tier I, Tier II, and Tier III 
schools with the State's 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.
    Waiver applicants:

<bullet> California Department of Education
<bullet> Connecticut State Department of Education
<bullet> Delaware Department of Education
<bullet> Florida Department of Education
<bullet> Idaho State Department of Education
<bullet> Illinois State Board of Education
<bullet> New Mexico Public Education Department
<bullet> South Dakota Department of Education

IV. Waivers Allowing SEAs To Approve Schools or LEAs Identified as in 
Need of Improvement To Become SES Providers

    Waivers permitting SEAs to approve a school or LEA identified for 
improvement, corrective action, or restructuring to serve as an SES 
provider.
    Provisions waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
    Waiver applicants:

<bullet> California Department of Education
<bullet> Illinois State Board of Education
<bullet> Montana Office of Public Instruction
<bullet> North Dakota Office of Public Instruction
<bullet> Washington Office of the Superintendent of Public Instruction
<bullet> Wyoming Department of Education

V. Waivers Allowing Substitution of State Academic Standards and 
Assessments

    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).
    A. One-year waiver of the statutory and regulatory requirements 
under Title I, Part A of the ESEA that required States to apply the 
same academic content and academic achievement

[[Page 46778]]

standards to, and to use the same academic assessment for, all public 
schools and public school children in the State.
    Waiver applicants:

<bullet> California Department of Education
<bullet> Connecticut State Department of Education
<bullet> Idaho State Department of Education
<bullet> Illinois State Board of Education
<bullet> Iowa Department of Education
<bullet> Kansas State Department of Education
<bullet> Maryland State Department of Education
<bullet> Massachusetts Department of Elementary and Secondary Education
<bullet> Mississippi Department of Education
<bullet> Nevada Department of Education
<bullet> New York State Department of Education
<bullet> Ohio Department of Education
<bullet> Oklahoma State Department of Education
<bullet> Oregon Department of Education
<bullet> Rhode Island Department of Education
<bullet> South Dakota Department of Education
<bullet> Vermont Agency of Education
<bullet> Washington Office of the Superintendent of Public Instruction

    B. Waiver permitting students (except those with the most 
significant cognitive disabilities) to take only one assessment in each 
content area in 2013-2014--either the current State assessment or the 
full form of the field test of the new assessments aligned to college- 
and career-ready standards.
    Waiver applicants:

<bullet> California Department of Education
<bullet> Connecticut State Department of Education
<bullet> Idaho State Department of Education
<bullet> Illinois State Board of Education
<bullet> Iowa Department of Education
<bullet> Maryland State Department of Education
<bullet> Massachusetts Department of Elementary and Secondary Education
<bullet> Nevada Department of Education
<bullet> Oregon Department of Education
<bullet> South Dakota Department of Education
<bullet> Vermont Agency of Education
<bullet> Washington Office of the Superintendent of Public Instruction

    C. Waiver permitting the State to assess students who were not yet 
enrolled in high school but who took advanced, high school level 
coursework with the corresponding advanced, high school level 
assessment alone.
    Waiver applicants:

<bullet> New York State Department of Education
<bullet> Ohio Department of Education
<bullet> Oklahoma State Department of Education
<bullet> Rhode Island Department of Education

    D. Waiver permitting students with the most significant cognitive 
disabilities within the State to take only one assessment in each 
content area in 2013-2014--either the current State alternate 
assessments based on alternate academic achievement standards or the 
field test of new alternate assessments.
    Waiver applicants:

<bullet> Idaho State Department of Education
<bullet> Kansas State Department of Education
<bullet> Mississippi Department of Education

    E. Waiver permitting a State to administer the high school exit 
examination to high school students in grade 10 and the alternate 
performance assessment to students with the most significant cognitive 
disabilities.
    Waiver applicant:

<bullet> California Department of Education

VI. AMAO Determinations Under ESEA Title III

    One-year waiver to allow the SEA to 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.
    Provision waived: Section 3122(a)(3)(A)(iii) of the ESEA.
    Waiver applicants:

<bullet> Nevada Department of Education
<bullet> Oregon Department of Education

VII. Waivers Regarding Public School Choice Notice

    Allowed a State 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 were newly identified for 
improvement 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).
    Waiver applicant:

<bullet> Wyoming Department of Education

VIII. Waiver of Application Requirements for the TIF Program

    Waiver of two TIF requirements, permitting: (1) LEAs to use results 
of State assessments as the measure of student growth for the 
performance evaluations for teachers of tested grades and subjects, and 
(2) eligibility for TIF-funded performance-based compensation to be 
based on results of evaluations that include such a measure of student 
growth.
    Provision waived: Priority 2 of the TIF notice of final priorities, 
requirements, and definitions, published in the Federal Register on 
June 14, 2012 (77 FR 35785).
    Waiver applicants:

<bullet> Achievement First (Connecticut)
<bullet> Alliance Collins Family College-Ready High School (California)
<bullet> Alternatives in Action High School (California)
<bullet> Aspire Vanguard College Preparatory Academy (California)
<bullet> Delhi Unified School District (California)
<bullet> Lucia Mar Unified School District (California)
<bullet> National Board for Professional Teaching Standards (Virginia)
<bullet> New Haven Public School System (Connecticut)
<bullet> Northern Humboldt Union High School District (California)
<bullet> Maine School Administrative District No. 11 (Maine)

    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. 2017-21620 Filed 10-5-17; 8:45 am]
 BILLING CODE 4000-01-P


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