Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices 46779 

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. 

SUMMARY: In this notice, we announce 

the waivers that the U.S. Department of 

Education (Department) granted during 

calendar year 2011 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). 

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 

2011. 

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 2011, 

the Department granted a total of 157 

waivers under the waiver authority in 

section 9401 of the ESEA. We granted: 

(a) 67 Waivers extending the period in 

which funds were available for 

obligation: 28 waivers extending the 

period for ESEA State-administered 

formula grant programs that received 

fiscal year (FY) 2009 funds made 

available under Public Law 111–8, the 

Department of Education 

Appropriations Act, 2009; 25 waivers 

for ESEA State-administered formula 

grant programs that received FY 2009 

funds made available under Public Law 

111–5, the American Recovery and 

Reinvestment Act of 2009 (ARRA); and 

14 waivers for School Improvement 

Grants (SIG) funds; 

(b) 30 waivers relating to SIG program 

requirements: Three waivers of the 

requirement for SEAs to carry over 25 

percent of their FY 2009 funds, combine 

those funds with FY 2010 SIG funds, 

and award those funds to eligible local 

educational agencies (LEAs); four 

waivers pertaining to SEAs’ requests to 

carry over FY 2009 and FY 2010 SIG 

funds and to award those funds to LEAs 

through a competition conducted during 

the 2011–2012 school year; four waivers 

based on the determination that an SEA 

would not be able to submit an 

approvable application prior to 

September 30, 2011, and, as a result, 

absent the waiver, its FY 2010 SIG funds 

would expire and the SEA would not be 

able to support interventions in its 

persistently lowest-achieving schools; 

and 19 waivers granting additional time 

to meet the teacher and principal 

evaluation requirement for schools in 

the first (2010–2011 school year) and 

second (2011–2012 school year) cohorts 

of SIG grants; 

(c) Five waivers of requirements 

related to State academic assessments 

and school improvement: Three waivers 

allowing LEAs to waive the requirement 

to use State academic assessments and 

other academic indicators to review 

progress to determine whether a school 

is making adequate yearly progress 

(AYP); one waiver of the requirement to 

ensure that the results of State academic 

assessments are available to LEAs before 

the beginning of the school year 

following the one in which the 

assessments were administered; and one 

waiver of the deadline to identify 

schools for improvement, corrective 

action, or restructuring; 

(d) 41 waivers of requirements related 

to supplemental educational services 

(SES) and public school choice: 22 

waivers to permit SEAs to approve a 

school or LEA identified for 

improvement, corrective action, or 

restructuring to serve as an SES 

provider; 16 waivers of the requirement 

for LEAs to spend an amount equal to 

20 percent of their Title I allocation on 

SES and transportation for public school 

choice; and three waivers of the 

requirement for LEAs to provide parents 

of eligible students with notice of their 

public school choice options at least 14 

days before the start of the school year; 

(e) Nine waivers relating to the 

requirement that each State plan 

demonstrate the adoption of challenging 

academic content standards and 

challenging student academic 

achievement standards: six waivers of 

the annual requirement that the 

assessments administered be aligned 

with the State’s academic content and 

achievement standards; two waivers of 

the requirement for States to use the 

same academic assessments to measure 

the achievement of all students and to 

determine AYP; and one waiver of the 

requirement to include all students 

enrolled at the time of testing in the 

participation rate calculations used to 

determine AYP; 

(f) Two waivers relating to 

determining eligible school attendance 

areas: One waiver of the requirement 

that an eligible school attendance area 

have a percentage of children from lowincome families that is at least as high 

as the percentage of children from lowincome families served by the LEA as a 

whole; 

(g) One waiver of the requirement that 

not more than five percent of funds be 

used to provide financial incentives and 

rewards to teachers; 

(h) One waiver to allow an LEA to 

operate a schoolwide program even 

though its percentage of students from 

low-income families is less than 40 

percent; and 

(i) One waiver of the Teacher 

Incentive Fund (TIF) program absolute 

priority requirement in the notice 

inviting applications (NIA) that requires 

each TIF grantee to develop a rigorous 

evaluation system for teachers and 

principals, and of one of the five core 

elements in the NIA. 

Waiver Data 

I. Extensions of the Obligation Period 

A. Waivers granted for ESEA Stateadministered formula grant programs 

that extended until September 30, 2012, 

the period of availability for FY 2009 

funds awarded under Public Law 111– 

8, the Department of Education 

Appropriations Act, 2009. 

Provision waived: Tydings 

Amendment, section 421(b) of the 

General Education Provisions Act 

(GEPA) (20 U.S.C. 1225(b)). 

Waiver applicants, approved dates, 

and affected programs: 

• Arizona Department of Education, 

December 15, 2011, Title I, Part A; Title 

I, Part C; Title II, Part B; Title II, Part D; 

and Title VI, Section 6111; 

• California Department of Education, 

December 19, 2011, Title II, Part D; 

• Colorado Department of Education, 

November 29, 2011, Title I, Part A; Title 

I, Part B, Subpart 3; Title I, Part C; Title 

II, Part A; Title II, Part D; Title III, Part 

A; Title IV, Part A; Title IV, Part B; and 

Title VI, Section 6111; 

• District of Columbia Office of the 

State Superintendent of Education, 

December 15, 2011, Title I, Part A; Title 

I, Part D; Title II, Part A; Title II, Part 

B; Title II, Part D; Title III, Part A; Title 

IV, Part A; Title IV, Part B; and Title VI, 

Section 6111; 


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• Florida Department of Education, 

December 15, 2011, Title II, Part B; Title 

II, Part D; and Title IV, Part A; 

• Indiana Department of Education, 

November 28, 2011, Title I, Part C; Title 

II, Part D; and Title IV, Part A; 

• Kansas Department of Education, 

November 14, 2011, Title IV, Part A; and 

Title IV, Part B; 

• Louisiana Department of Education, 

December 15, 2011, Title I, Part A; Title 

I, Part B, Subpart 3; Title I, Part C; Title 

I, Part D; Title II, Part A; Title II, Part 

B; Title II, Part D; Title III, Part A; and 

Title IV, Part A; 

• Maine Department of Education, 

December 19, 2011, Title I, Part C; 

• Maryland Department of Education, 

November 21, 2011, Title I, Part A; Title 

II, Part B; Title II, Part D; Title III, Part 

A; and Title IV, Part A; 

• Michigan Department of Education, 

November 29, 2011, Title I, Part A; Title 

I, Part D; Title II, Part D; and Title IV, 

Part A; 

• Minnesota Department of 

Education, November 14, 2011, Title I, 

Part A; Title I, Part C; Title II, Part A; 

Title II, Part B; Title II, Part D; Title III, 

Part A; Title IV, Part A; and Title VI, 

Section 6111; 

• Nebraska Department of Education, 

November 22, 2011, Title I, Part A; Title 

I, Part C ; Title I, Part C (Migrant 

Education Consortium Incentive 

Grants); Title I, Part C (Migrant 

Education Data Quality Grants); Title II, 

Part A; Title II, Part D; Title III, Part A; 

and Title IV, Part A; 

• Nevada Department of Education, 

December 15, 2011, Title I, Part A; and 

Title II, Part D; 

• New Hampshire Department of 

Education, December 15, 2011, Title I, 

Part A; Title I, Part B, Subpart 3; Title 

I, Part C; Title I, Part D; Title II, Part A; 

Title II, Part D; Title III, Part A; Title IV, 

Part A; and Title IV, Part B; 

• New Jersey Department of 

Education, November 28, 2011, Title I, 

Part C (Migrant Education Consortium 

Incentive Grants); Title I, Part C 

(Migrant Education Student Information 

Exchange Data Quality Grants); and 

Title IV, Part A; 

• New Mexico Public Education 

Department, December 19, 2011, Title I, 

Part B, Subpart 3; Title II, Part D; and 

Title IV, Part A; 

• North Carolina Department of 

Public Instruction, November 14, 2011, 

Title I, Part C; and Title IV, Part A; 

• North Dakota Department of Public 

Instruction, December 19, 2011, Title I, 

Part A; Title I, Part B, Subpart 3; Title 

II, Part A; Title II, Part B; Title II, Part 

D; Title IV, Part A; and Title IV, Part B; 

• Oklahoma State Department of 

Education, November 28, 2011, Title IV, 

Part A; 

• Puerto Rico Department of 

Education, December 19, 2011, Title I, 

Part A; Title I, Part B, Subpart 3; Title 

I, Part D; Title II, Part A; Title II, Part 

B; Title II, Part D; Title III, Part A; Title 

IV, Part A; Title IV, Part B; and Title VI, 

Section 6111; 

• Rhode Island Department of 

Education, November 28, 2011, Title II, 

Part D; 

• South Carolina Department of 

Education, December 18, 2011, Title II, 

Part B; 

• Tennessee Department of 

Education, November 28, 2011, Title I, 

Part A (including funds reserved for 

State Academic Achievement Awards 

program authorized in section 

1117(c)(2)(A) of the ESEA and school 

improvement activities authorized in 

section 1003(a) of the ESEA); Title II, 

Part D; and Title IV, Part A; 

• Vermont Agency of Education, 

December 15, 2011, Title IV, Part A; 

• Virginia Department of Education, 

December 15, 2011, Title I, Part A; Title 

I, Part B, Subpart 3; Title I, Part D; Title 

II, Part A; Title II, Part B; Title II, Part 

D; Title III, Part A; Title IV, Part A; and 

Title IV, Part B; 

• Washington Office of the 

Superintendent of Public Instruction, 

December 15, 2011, Title I, Part B, 

Subpart 3; and Title II, Part A; and 

• Wyoming Department of Education, 

December 19, 2011, Title I, Part A. 

B. Waivers granted for ESEA Stateadministered formula grant programs 

that extended until September 30, 2012, 

the period of availability for FY 2009 

funds awarded under Public Law 111– 

5, ARRA. 

Provision waived: Tydings 

Amendment, section 421(b) of GEPA (20 

U.S.C. 1225(b)). 

Waiver applicants, approved dates, 

and affected programs: 

• Arizona Department of Education, 

December 15, 2011, Title I, Part A 

(ARRA); and Title II, Part D (ARRA); 

• California Department of Education, 

December 19, 2011, Title I, Part A 

(ARRA); and Title II, Part D (ARRA); 

• Colorado Department of Education, 

November 29, 2011, Title I, Part A 

(ARRA); and Title II, Part D (ARRA); 

• District of Columbia Office of the 

State Superintendent of Education, 

December 15, 2011, Title I, Part A 

(ARRA); and Title II, Part D (ARRA); 

• Florida Department of Education, 

December 15, 2011, Title I, Part A 

(ARRA); and Title II, Part D (ARRA); 

• Indiana Department of Education, 

November 28, 2011, Title I, Part A 

(ARRA); 

• Kansas Department of Education, 

November 14, 2011, Title I, Part A 

(ARRA); 

• Louisiana Department of Education, 

December 15, 2011, Title I, Part A 

(ARRA); and Title II, Part D (ARRA); 

• Maine Department of Education, 

December 19, 2011, Title I, Part A 

(ARRA); and Title II, Part D (ARRA); 

• Maryland Department of Education, 

November 21, 2011, Title I, Part A 

(ARRA); and Title II, Part D (ARRA); 

• Michigan Department of Education, 

November 29, 2011, Title I, Part A 

(ARRA); and Title II, Part D (ARRA); 

• Minnesota Department of 

Education, November 14, 2011, Title I, 

Part A (ARRA); and Title II, Part D 

(ARRA); 

• Nebraska Department of Education, 

November 22, 2011, Title I, Part A 

(ARRA); and Title II, Part D (ARRA); 

• Nevada Department of Education, 

December 15, 2011, Title I, Part A 

(ARRA); 

• New Hampshire Department of 

Education, December 15, 2011, Title I, 

Part A (ARRA); and Title II, Part D 

(ARRA); 

• New Jersey Department of 

Education, November 28, 2011, Title I, 

Part A (ARRA); and Title II, Part D 

(ARRA); 

• New Mexico Public Education 

Department, December 19, 2011, Title I, 

Part A (ARRA); and Title II, Part D 

(ARRA); 

• North Carolina Department of 

Public Instruction, November 14, 2011, 

Title I, Part A (ARRA); 

• North Dakota Department of Public 

Instruction, December 19, 2011, Title I, 

Part A (ARRA); and Title II, Part D 

(ARRA); 

• Puerto Rico Department of 

Education, December 19, 2011, Title I, 

Part A (ARRA); and Title II, Part D 

(ARRA); 

• Tennessee Department of 

Education, November 28, 2011, Title I, 

Part A (ARRA); and Title II, Part D 

(ARRA); 

• Vermont Agency of Education, 

December 15, 2011, Title I, Part A 

(ARRA); and Title II, Part D (ARRA); 

• Virginia Department of Education, 

December 15, 2011, Title I, Part A 

(ARRA); and Title II, Part D (ARRA); 

• Washington Office of the 

Superintendent of Public Instruction, 

December 15, 2011, Title I, Part A 

(ARRA); and Title II, Part D (ARRA); 

and 

• Wyoming Department of Education, 

December 19, 2011, Title II, Part D 

(ARRA). 

C. Waivers of SIG Requirements. 

1. Extended the period of availability 

of FY 2008 SIG funds awarded under 

section 1003(g) of the ESEA. 


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Provision waived: Tydings 

Amendment, section 421(b) of GEPA (20 

U.S.C. 1225(b)). 

Waiver applicants and approved 

dates: 

• Alabama Department of Education, 

January 26, 2011; 

• Colorado Department of Education, 

January 18, 2011; 

• Illinois State Board of Education, 

January 26, 2011; 

• Maryland Department of Education, 

January 26, 2011; 

• Massachusetts Department of 

Elementary and Secondary Education, 

January 18, 2011; 

• Massachusetts Department of 

Elementary and Secondary Education, 

May 17, 2011 (second extension); 

• New Hampshire Department of 

Education, April 13, 2011; 

• New Jersey Department of 

Education, January 26, 2011; 

• Ohio Department of Education, 

January 26, 2011; and 

• Puerto Rico Department of 

Education, January 26, 2011. 

2. 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 and approved 

dates: 

• Arizona Department of Education, 

January 24, 2011. 

3. 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 and approved 

dates: 

• Missouri Department of Elementary 

and Secondary Education, September 

20, 2011; 

• Nebraska Department of Education, 

July 25, 2011; and 

• Pennsylvania Department of 

Education, December 13, 2011. 

II. Waivers of SIG Requirements 

A. Waivers of SIG program final 

requirement to carry over 25 percent of 

FY 2009 funds. The waivers permitted 

applicants to combine those funds with 

FY 2010 SIG funds and award those 

funds to eligible LEAs consistent with 

the final requirements. 

Provisions waived: Section 1003(g) of 

the ESEA; 75 FR 66363. 

Waiver applicants and approved 

dates: 

• Minnesota Department of 

Education, June 13, 2011; 

• Montana Office of Public 

Instruction, August 2, 2011; and 

• New Mexico Public Education 

Department, March 28, 2011. 

B. Waivers to carry over SIG funds. 

The waiver allowed States to carry over 

their FY 2009 and FY 2010 SIG funds 

and to award those funds to LEAs 

through a competition conducted during 

the 2011–2012 school year because their 

LEAs did not have the capacity to 

effectively plan and implement 

intervention models for the 2011–2012 

school year in such a short timeframe. 

Provision waived: 75 FR 66363. 

Waiver applicants and approved 

dates: 

• Alabama Department of Education, 

September 20, 2011; 

• Bureau of Indian Education, 

September 20, 2011; 

• California Department of Education, 

September 20, 2011; and 

• Missouri Department of Elementary 

and Secondary Education, September 

20, 2011. 

C. Waivers of SIG program 

requirement that, to receive a FY 2010 

SIG grant, an SEA must have submitted 

an approvable application by a date 

certain. The waivers provided SEAs 

additional time to submit their 

applications. 

Provisions waived: Section 1003(g)(4) 

of the ESEA; 75 FR 66363. 

Waiver applicants and approved 

dates: 

• Hawaii Department of Education, 

September 21, 2011; 

• Rhode Island Department of 

Education, September 20, 2011; 

• Tennessee Department of 

Education, September 20, 2011; and 

• Vermont Agency of Education, 

September 21, 2011. 

D. Waivers granting additional time to 

meet teacher and principal evaluation 

requirements (cohorts 1 and 2 SIG 

schools). The waivers allowed SEAs to 

permit an LEA that was implementing a 

transformation model with SIG funds 

during the 2010–2011 school year to 

have additional time to meet the teacher 

and principal evaluation requirement in 

schools that were not able to do so that 

year. 

Provisions waived: Section 1003(g) of 

the ESEA; Section I.A.2(d)(1)(i)(B) of the 

SIG final requirements. 

Waiver applicants and approved 

dates: 

• Alaska Department of Education 

and Early Development, September 15, 

2011; 

• Arizona Department of Education, 

September 15, 2011; 

• Arkansas State Department of 

Education, September 15, 2011; 

• Delaware Department of Education, 

October 5, 2011; 

• Iowa Department of Education, 

September 15, 2011; 

• Kansas Department of Education, 

September 20, 2011; 

• Kentucky Department of Education, 

September 19, 2011; 

• Maine Department of Education, 

November 4, 2011; 

• Montana Office of Public 

Instruction, September 15, 2011; 

• Nevada Department of Education, 

November 14, 2011; 

• New Hampshire Department of 

Education, November 4, 2011; 

• New Mexico Public Education 

Department, November 4, 2011; 

• North Dakota Department of Public 

Instruction, September 15, 2011; 

• Ohio Department of Education, 

September 15, 2011; 

• Oklahoma State Department of 

Education, October 5, 2011; 

• South Carolina Department of 

Education, September 29, 2011; 

• South Dakota Department of 

Education, September 27, 2011; 

• Utah State Office of Education, 

September 20, 2011; and 

• Virginia Department of Education, 

October 5, 2011. 

III. Waivers Related to State Academic 

Assessment and School and LEA 

Improvement 

A. Waivers of the Requirements to 

Make AYP Determinations. 

1. Waiver applicant: Tennessee 

Department of Education 

• Provisions waived: Section 

1116(a)(1)(A) and (c)(1)(A) of the ESEA; 

34 CFR 200.30 and 200.50(a). 

• Date waiver granted: January 24, 

2011. 

• Description of waiver: A waiver of 

the requirements to use the State’s 

academic assessments and other 

academic indicators described in the 

State plan to review progress to 

determine whether Harpeth High School 

and Houston County High School were 

making AYP for the 2009–2010 school 

year. 

2. Waiver applicant: West Virginia 

Department of Education 

• Provisions waived: Section 

1116(a)(1)(A) of the ESEA; 34 CFR 

200.30. 

• Date waiver granted: August 1, 

2011. 

• Description of waiver: A one-year 

waiver of the requirement to use results 

of the statewide assessment to make 

AYP determinations for Kenova 

Elementary School. 

B. Waivers of SEA Requirement to 

Make Academic Assessment Results 

Available to LEAs. 

1. Waiver applicant: Kentucky 

Department of Education 

• Provision waived: Section 

1116(a)(2) of the ESEA. 


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• Date waiver granted: March 25, 

2011. 

• Description of waiver: A one-year 

waiver of the requirement in section 

1116(a)(2) of the ESEA that a State make 

available the results of State academic 

assessments to LEAs before the 

beginning of the school year following 

the one in which the assessments were 

administered. 

C. Waivers to Reverse Timeline for 

Offering SES and Public School Choice. 

The waivers allowed LEAs to offer SES 

to eligible Title I schools in year one of 

school improvement instead of public 

school choice, and count the costs of 

providing SES to these students toward 

the LEAs’ 20 percent obligation. 

Provisions waived: Section 

1116(b)(10) of the ESEA; 34 CFR 200.48. 

Waiver applicants and approved 

dates: 

• Alabama Department of Education, 

July 25, 2011; 

• Alaska Department of Education, 

May 6, 2011; 

• California Department of Education, 

July 25, 2011; 

• Connecticut State Department of 

Education, November 4, 2011; 

• Delaware Department of Education, 

July 25, 2011; 

• Maryland Department of Education, 

July 28, 2011; 

• Massachusetts Department of 

Elementary and Secondary Education, 

June 30, 2011; 

• Minnesota Department of 

Education, August 15, 2011; 

• Missouri Department of Elementary 

and Secondary Education, September 

15, 2011; 

• New Mexico Public Education 

Department, November 4, 2011; 

• North Carolina Department of 

Public Instruction, August 29, 2011; 

• Ohio Department of Education, 

August 23, 2011; 

• Oklahoma State Department of 

Education, September 22, 2011; 

• South Dakota Department of 

Education, June 29, 2011; 

• Virginia Department of Education, 

July 25, 2011; and 

• Washington Office of the 

Superintendent of Public Instruction, 

July 25, 2011. 

D. Waivers of Requirement to Identify 

Schools for Improvement Before the 

Start of the School Year. 

1. Waiver applicant: Washington 

Office of the Superintendent of Public 

Instruction 

• Provisions waived: Section 

1116(b)(1)(B) of the ESEA; 34 CFR 

200.32(a)(2). 

• Date waiver granted: June 30, 2011. 

• Description of waiver: A one-time 

waiver of the requirement to identify 

schools for improvement, corrective 

action, or restructuring no later than the 

beginning of the school year following 

the failure to make AYP. This waiver 

applied only to high schools. 

E. Waivers of Deadline Requirement 

for Public School Choice for Schools 

Identified for School Improvement. 

Specific LEAs were provided a one-year 

waiver of the requirement that they 

provide parents of eligible students with 

notice of their public school choice 

options at least 14 days before the start 

of the school year. 

Provisions waived: Section 

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

200.37(b)(4)(iv). 

Waiver applicants and approved 

dates: 

• Colorado Department of Education, 

May 6, 2011; 

• Kentucky Department of Education, 

March 25, 2011; and 

• Washington Office of the 

Superintendent of Public Instruction, 

June 30, 2011. 

IV. Waivers Allowing SEAs To Approve 

Schools or LEAs Identified for 

Improvement To Become SES Providers 

and Waivers Permitting Certain LEAs 

Identified for Improvement or 

Corrective Action To Apply to Their 

SEA To Serve as an SES Provider in the 

2011–2012 School Year 

Provisions waived: 34 CFR 

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

Waiver applicants and approved 

dates: 

• Alaska Department of Education, 

May 6, 2011; 

• California Department of Education, 

July 25, 2011; 

• Colorado Department of Education, 

July 25, 2011; 

• Connecticut Department of 

Education, November 4, 2011; 

• Delaware Department of Education, 

July 25, 2011; 

• Florida Department of Education, 

September 28, 2011; 

• Massachusetts Department of 

Elementary and Secondary Education, 

June 30, 2011; 

• Minnesota Department of 

Education, August 15, 2011; 

• Missouri Department of Elementary 

and Secondary Education, September 

15, 2011; 

• Montana Office of Public 

Instruction, July 25, 2011; 

• New Mexico Public Education 

Department, November 4, 2011; 

• New York State Education 

Department, February 10, 2011; 

• North Dakota Department of Public 

Instruction, June 6, 2011; 

• Ohio Department of Education, 

August 23, 2011; 

• Oklahoma State Department of 

Education, May 3, 2011; 

• Rhode Island Department of 

Education, June 30, 2011; 

• South Carolina Department of 

Education, August 1, 2011; 

• South Dakota Department of 

Education, June 29, 2011; 

• Twin Rivers Unified School 

District, April 5, 2011 (a two-year 

waiver to allow Twin Rivers Unified 

School District to be eligible to apply to 

serve as an SES provider in the 2010– 

2011 and 2011–2012 school years even 

though it was identified for 

improvement); 

• Virginia Department of Education, 

July 25, 2011; 

• Washington Office of the 

Superintendent of Public Instruction, 

July 25, 2011; and 

• Wisconsin Department of Public 

Instruction, November 4, 2011. 

V. Waiver of State Plan Requirements 

Relating to Academic Assessments 

A. Waivers of the Requirements that 

Annual Assessments Align with State 

Academic Content and Achievement 

Standards and that All Students Be 

Assessed in Mathematics in High 

School. 

1. Waiver applicant: Florida 

Department of Education 

• Provisions waived: Section 

1111(b)(3)(C)(v)(1)(cc) and (b)(3)(C)(ix) 

of the ESEA; 34 CFR 200.5(a)(2)(ii) and 

200.6. 

• Date waiver granted: January 19, 

2011. 

• Description of waiver: A one-time 

waiver of the requirement to assess all 

students at least once in grades 10 

through 12 in mathematics. 

2. Waiver applicant: Kansas 

Department of Education 

• Provisions waived: Section 

1111(b)(3)(C)(ii) of the ESEA; 34 CFR 

200.2(b)(3)(i). 

• Date waiver granted: April 5, 2011. 

• Description of waiver: A one-year 

waiver, with respect to McPherson 

Unified School District, of the statutory 

and regulatory requirements under Title 

I, Part A of the ESEA that required the 

assessments administered to be aligned 

with the State’s academic content and 

achievement standards. 

3. Waiver applicant: Tennessee 

Department of Education 

• Provisions waived: Section 

1111(b)(3)(A), (b)(3)(C)(v)(II), and 

(b)(3)(C)(vii) of the ESEA; 34 CFR 

200.2(a)(1), 200.5(a)(2), and 200.5(b). 

• Date waiver granted: January 24, 

2011. 

• Description of waiver: A waiver of 

the requirement to assess Harpeth High 

School and Houston County High 


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School students annually in reading/ 

language arts, mathematics, and science 

for the 2009–2010 school year. 

4. Waiver applicant: West Virginia 

Department of Education 

• Provisions waived: Section 

1111(b)(3)(A) of the ESEA; 34 CFR 

200.2(a)(1). 

• Date waiver granted: August 1, 

2011. 

• Description of waiver: A one-year 

waiver of the requirement to assess 

students in reading/language arts, 

mathematics, and science at Kenova 

Elementary School, which closed during 

the spring 2011 testing window because 

of structural safety issues caused by 

flooding. 

B. Waivers of the State Requirements 

to Use the Same Academic 

Measurement Assessments to Measure 

the Achievement of All Students and to 

Determine AYP. 

Provisions waived: Section 

1111(b)(3)(A) and (b)(3)(C)(i) of the 

ESEA; 34 CFR 200.2(b)(1). 

Waiver applicants and approved 

dates: 

• Kansas Department of Education, 

April 5, 2011 (a one-year waiver with 

respect to McPherson Unified School 

District of the statutory and regulatory 

requirements under Title I, Part A of the 

ESEA that required the State to use the 

same academic assessments to measure 

the achievement of all students and to 

determine AYP); and 

• Washington Office of the 

Superintendent of Public Instruction, 

June 30, 2011. A one-year waiver of the 

statutory and regulatory requirements 

under Title I, Part A of the ESEA that 

required the State to use the same 

academic assessments to measure the 

achievement of all students and to 

determine AYP. 

C. Waivers of the Requirement to 

Include All Students Enrolled at the 

Time of Testing in the Participation 

Rate Calculations. 

1. Waiver applicant: Florida 

Department of Education 

• Provisions waived: Section 

1111(b)(2)(I)(ii) of the ESEA; 34 CFR 

200.20(c)(1)(i). 

• Date waiver granted: January 19, 

2011. 

• Description of waiver: A waiver of 

the requirement to include all students 

enrolled at the time of testing in the 

participation rate calculations used to 

determine AYP. This waiver authorized 

Florida to exclude students who took 

Algebra I as 6th, 7th, or 8th graders 

during school years 2007–2008 through 

2009–2010 from participation rate 

calculations used in determining AYP 

based on assessment results from the 

relevant school year. 

VI. Waivers of Eligible School 

Attendance Area Requirements 

A. Waivers of Requirements for 

Determining Eligible School Attendance 

Areas. 

1. Waiver applicant: Keene School 

District 

• Provision waived: Section 

1113(a)(2)(B) of the ESEA. 

• Date waiver granted: June 29, 2011. 

• Description of waiver: A waiver for 

four years, beginning in school year 

2011–2012, of the requirements 

concerning Title I school eligibility to 

ensure continuity of Title I services for 

eligible children in Daniels Elementary 

School and Symonds Elementary 

School. This waiver enabled both 

schools to continue offering Title I 

programs to their eligible students 

without the interruption caused by 

small demographic changes that affected 

eligibility for Title I. 

B. Waiver of the Limitation on 

Reserving Funds for Financial 

Incentives and Rewards. 

1. Waiver applicant: Hillsborough 

County Public Schools 

• Provision waived: Section 

1113(c)(4) of the ESEA. 

• Date waiver granted: August 1, 

2011. 

• Description of waiver: A one-year 

waiver of the 5 percent cap on the 

amount of Title I funds that an LEA 

reserve for financial incentives and 

awards so that Hillsborough County 

Public Schools could reserve up to 8.8 

percent of their FY 2011 Title I, Part A 

allocation for such purposes. 

VII. Waiver of the Requirements for 

Schoolwide Programs 

A. Waiver of the 40 Percent Poverty 

Threshold for Schoolwide Programs. 

1. Waiver applicant: Aberdeen Public 

School District 6–1 

• Provision waived: Section 

1114(a)(1) of the ESEA. 

• Date waiver granted: November 4, 

2011. 

• Description of waiver: A waiver to 

allow Simmons Elementary School to 

operate a schoolwide program even 

though its percentage of students from 

low-income families was less than 40 

percent, effective for four years or until 

the reauthorization of the ESEA, 

whichever came first. 

VIII. Waivers Regarding Teacher 

Incentive Fund (TIF) Requirements 

A. Waiver of Application 

Requirements for the TIF Program. 

1. Waiver applicant: Community 

Training and Assistance Center 

• Provision waived: Section 9401 of 

the ESEA. 

• Date waiver granted: July 11, 2011. 

• Description of waiver: Waiver of 

two requirements of TIF: (1) Absolute 

Priority 1 in the NIA that required each 

TIF grantee to develop a rigorous 

evaluation system for teachers and 

principals that took into account 

student growth as a significant measure 

and multiple classroom observations; 

and (2) one of the required five core 

elements in the NIA, each of which was 

to have been in place before a grantee 

could make incentive payments using 

TIF funds (75 FR 28741). 

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 

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Specifically, through the advanced 

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the Department. 

Dated: October 3, 2017. 

Jason Botel, 

Acting Assistant Secretary for Elementary and 

Secondary Education. 

[FR Doc. 2017–21622 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 

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 2013 under the waiver 

authority of the Elementary and 


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