Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices 46799 

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

can view this document, as well as all 

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Dated: October 3, 2017. 

Jason Botel, 

Acting Assistant Secretary for Elementary and 

Secondary Education. 

[FR Doc. 2017–21616 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 2015 under the waiver 

authority in section 9401 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 flexibilities 

granted to States in exchange for Stateled 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: 

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 2015, 

the Department granted waivers under 

ESEA flexibility to 43 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 

achievement and increase the quality of 

instruction. An additional 93 waivers 

that were not part of ESEA flexibility 

also were granted under the waiver 

authority in section 9401 of the ESEA. 

We granted: 

a. Ten waivers under ESEA flexibility 

to each of 43 States granting flexibility 

from ESEA requirements to improve 

student academic achievement and 

increase the quality of instruction: 

1. Allowing SEAs flexibility to select 

one of three options for setting new 

ambitious, but achievable annual 

measurable objectives (AMOs); 

2. Allowing flexibility in 

implementation of school improvement 

requirements to relieve local 

educational agencies (LEAs) of the 

requirement to identify schools for 

improvement, corrective action, or 

restructuring, as appropriate, and to take 

certain improvement actions in 

identified schools; 

3. Allowing flexibility in 

implementation of LEA improvement 

requirements to relieve SEAs of the 

requirement to identify LEAs for 

improvement or corrective action, as 

appropriate, and to take certain 

improvement actions for identified 

LEAs; 

4. Granting flexibility for rural LEAs; 

5. Permitting LEAs to operate a 

schoolwide program in a priority school 

or a focus school that does not meet the 

40 percent poverty threshold and is 

implementing a schoolwide 

intervention; 

6. Allowing SEAs flexibility to 

distribute school improvement funds to 

LEAs for use in priority and focus 

schools; 

7. Allowing funds reserved for State 

awards program to go to any reward 

school; 

8. Relating to highly qualified teacher 

(HQT) improvement plan requirements; 

9. Relating to limitations on the 

transferability of certain funds; and 

10. Permitting SEAs flexibility to 

award School Improvement Grant (SIG) 

funds to an LEA to implement one of 

the four SIG models in any priority 

school. 

In addition to waiving the 10 

provisions listed above, the Department 

granted three optional waivers to 43 

States under ESEA flexibility related to 

the following: 

1. 21st Century Community Learning 

Centers (21st CCLC) requirements, 

allowing SEAs 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 is not in 

session; 

2. Requirements to make adequate 

yearly progress (AYP) determinations; 

and 

3. Requirements pertaining to Title I, 

Part A within-district allocations; 

b. Forty-five waivers extending the 

period in which funds were available 

for obligation: 40 waivers for school 

improvement activities, one waiver for 

Consolidated Grant funds for Insular 

Areas, one waiver for State assessment 

activities, and three waivers extending 

the period for SIG carryover funds; 

c. One waiver granting LEAs 

additional time to meet teacher and 

principal evaluation requirements for 

cohort 5 SIG schools; 

d. Five waivers allowing SEAs to 

approve schools or LEAs identified as in 

need of improvement to become 

supplemental educational services (SES) 

providers; 

e. Ten waivers of requirements 

pertaining to State academic standards 

or assessments: Four waivers allowing 

substitution of standards or assessments 

and six waivers exempting SEAs or 

LEAs from reporting assessment or 

accountability determinations; 

f. Fourteen waivers of the third of 

three annual measureable achievement 

objectives (AMAOs 3) under Title III, 

due to lack of assessment data in the 

2014–2015 school year; 

g. Two waivers allowing SEAs 

flexibility to distribute section 1003(a) 

funds to LEAs for use in priority and 

focus schools; 

h. Five waivers of the requirement to 

make AYP determinations; 

i. Six waivers allowing LEAs to carry 

out significant education reforms to 

improve student achievement; 

j. Two waivers authorizing an SEA to 

waive the carryover limitation for an 

LEA that needs an additional waiver; 

k. One waiver of the requirement to 

provide parents notice of public school 

choice options at least 14 days before 

the start of the school year; 

l. One waiver pertaining to school 

support and recognition allowing 

flexibility in the use of funds reserved 

for State awards program to go to any 

reward school; and 


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m. One waiver enabling LEAs to use 

the term ‘‘highly qualified teacher’’ to 

refer to a teacher who received a 

summative rating of ‘‘effective,’’ ‘‘highly 

effective,’’ or ‘‘exemplary’’ and earned at 

least 50 percent of the possible student 

achievement measures in the State’s 

teacher evaluation and support system. 

Waiver Data 

I. ESEA Flexibility Renewals To 

Continue To Improve Student 

Academic Achievement and Increase 

the Quality of Instruction 

A. Flexibility Regarding the 2013–14 

Timeline for Setting AMOs 

Allowed SEAs flexibility to develop 

new ambitious but achievable AMOs in 

reading/language arts and mathematics 

in order to provide meaningful goals 

that will be used to guide support and 

improvement efforts for the State, LEAs, 

schools, and student subgroups. 

Provisions waived: Section 

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

B. Flexibility in Implementation of 

School Improvement Requirements 

1. Granted flexibility relating to the 

requirement for LEAs to identify schools 

for improvement, corrective action, or 

restructuring and corresponding 

requirements. Section 1116(b)(13), 

which requires LEAs to permit a child 

who has transferred to remain in the 

choice school through the highest grade 

in the school, was not waived. 

Provision waived: Section 1116(b) of 

the ESEA (except (b)(13)). 

2. Waivers granting flexibility of the 

requirement for SEAs and LEAs to take 

a variety of actions to offer SES to 

eligible students in schools identified 

for improvement, corrective action, or 

restructuring. 

Provision waived: Section 1116(e) of 

the ESEA. 

C. Flexibility in Implementation of LEA 

Improvement Requirements 

Granted flexibility with respect to the 

requirement that SEAs identify LEAs for 

improvement and corrective action and 

take certain action in those LEAs. 

Provisions waived: Section 1116(c)(3) 

and (5)–(11) of the ESEA. 

D. Flexibility for Rural LEAs 

1. Allowed flexibility to use Small, 

Rural School Achievement Program 

(SRSA) funds regardless of the AYP 

status of the LEA so that LEAs receiving 

SRSA funds that fail to make AYP may 

continue to use these funds. 

Provision waived: Section 6213(b) of 

the ESEA. 

2. Allowed SEAs flexibility to permit 

an LEA to continue to receive a Rural 

and Low-Income School program (RLIS) 

grant even if the LEA fails to make AYP. 

Provision waived: Section 6224(e) of 

the ESEA. 

E. Flexibility for Schoolwide Programs 

Waivers permitted LEAs to operate a 

schoolwide program in a priority school 

or a focus school that does not meet the 

schoolwide poverty threshold of 40 

percent and is implementing a 

schoolwide intervention. 

Provision waived: Section 1114(a)(1) 

of the ESEA. 

F. Flexibility To Support School 

Improvement 

Waivers regarding the State-level 

reservations to support school 

improvement, allowing SEAs flexibility 

to distribute reserved funds to LEAs for 

use in priority and focus schools. The 

required reservation was not waived; 

the waiver merely permitted an SEA to 

distribute the funds to schools that were 

not identified for improvement, 

corrective action, or restructuring. 

Provision waived: Section 1003(a) of 

the ESEA. 

G. Flexibility in the Use of Funds 

Reserved for State Award Programs 

Allowed funds reserved for State 

awards programs to go to any reward 

school. 

Provision waived: Section 

1117(b)(1)(B) of the ESEA. 

H. Waivers Regarding HQT 

Improvement Plans 

Waived the requirements regarding 

HQT improvement plans and related 

technical assistance and provided 

flexibility with respect to the use of 

Title I, Part A funds for 

paraprofessionals. 

Provisions waived: Section 2141(a)– 

(c) of the ESEA. 

I. Flexibility To Transfer Certain Funds 

1. Permitted the SEA to transfer up to 

100 percent of the amount from a 

covered program into another covered 

program or into Title I, Part A. 

Provision waived: Section 6123(a) of 

the ESEA. 

2. Permitted LEAs flexibility in 

percentage limitations as well as in the 

use of transferred funds. 

Provision waived: Section 6123(b)(1) 

of the ESEA. 

3. Waivers of the requirements 

relating to modification of plans and 

notice of transfer. 

Provision waived: Section 6123(d) of 

the ESEA. 

4. Permitted LEAs flexibility to 

exclude funds transferred into Title I, 

Part A from the base in calculating any 

set-aside percentages. 

Provision waived: Section 6123(e)(1) 

of the ESEA. 

J. Flexibility To Use SIG Funds To 

Support Priority Schools 

Permitted SEAs to award SIG funds to 

an LEA to implement one of the four 

SIG models (Turnaround, Restart, 

Closure, Transformation) 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). 

K. Flexibility in the Use of 21st CCLC 

Program Funds 

Permitted an eligible entity that 

received funds under the 21st CCLC 

program to use those funds to support 

expanded learning time during the 

school day, week, or year in addition to 

activities during non-school hours or 

periods when school is not in session. 

Provisions waived: Sections 

4201(b)(1)(A) and 4204(b)(2)(A) of the 

ESEA. 

L. Flexibility Regarding Making AYP 

Determinations 

Waived the requirements to make 

AYP determinations. Instead, an SEA 

and its LEAs would report on their 

report cards performance against the 

AMOs for all subgroups identified in 

section 1111(b)(2)(C)(v) of the ESEA, 

and would 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. 

M. Flexibility Regarding Within-District 

Title I Allocations 

Permitted an LEA 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: 

• Alabama State Department of 

Education 

• Alaska Department of Education and 

Early Development 

• 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 


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• Florida Department of Education 

• Georgia Department of Education 

• Hawaii State 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 

• Maine 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 Hampshire 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 

• Pennsylvania Department of 

Education 

• Puerto Rico Department of Education 

• Rhode Island Department of 

Education 

• South Carolina Department of 

Education 

• South Dakota Department of 

Education 

• Tennessee Department of Education 

• Texas Education Agency 

• Utah State Office of Education 

• Virginia Department of Education 

• West Virginia Department of 

Education 

• Wisconsin Department of Public 

Instruction 

II. Extensions of the Obligation Period 

A. Forty Waivers To Extend the Period 

of Availability of SIG Funds 

1. Extended the period of availability 

of fiscal year (FY) 2010 SIG funds 

awarded to two States under section 

1003(g) of the ESEA. 

Provision waived: Tydings 

Amendment, section 421(b) of the 

General Education Provisions Act 

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

Waiver Applicants: 

• Illinois State Board of Education 

• Tennessee Department of Education 

2. Extended the period of availability 

of FY 2011 SIG funds awarded to two 

States under section 1003(g) of the 

ESEA. 

Provision waived: Tydings 

Amendment, section 421(b) of GEPA (20 

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

Waiver Applicants: 

• Illinois State Board of Education 

• Minnesota Department of Education 

3. Extended the period of availability 

of FY 2012 SIG funds awarded to seven 

States under section 1003(g) of the 

ESEA. 

Provision waived: Tydings 

Amendment, section 421(b) of GEPA (20 

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

Waiver Applicants: 

• California Department of Education 

• Minnesota Department of Education 

• New Hampshire Department of 

Education 

• New Jersey Department of Education 

• Ohio Department of Education 

• Tennessee Department of Education 

• Virginia Department of Education 

4. Extended the period of availability 

of FY 2013 SIG funds awarded to two 

States under section 1003(g) of the 

ESEA. 

Provision waived: Tydings 

Amendment, section 421(b) of GEPA (20 

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

Waiver Applicants: 

• Rhode Island Department of 

Education 

• South Carolina Department of 

Education 

5. Extended the period of availability 

of FY 2014 SIG funds awarded to 25 

States under section 1003(g) of the 

ESEA. 

Provision waived: Tydings 

Amendment, section 421(b) of GEPA (20 

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

Waiver Applicants: 

• Alaska Department of Education and 

Early Development 

• California Department of Education 

• Florida Department of Education 

• Georgia Department of Education 

• Hawaii State Department of Education 

• Illinois State Board of Education 

• Iowa Department of Education 

• Louisiana Department of Education 

• Maryland State Department of 

Education 

• Michigan Department of Education 

• Mississippi Department of Education 

• Missouri Department of Elementary 

and Secondary Education 

• Montana Office of Public Instruction 

• New Jersey Department of Education 

• New Mexico Public Education 

Department 

• North Carolina Department of Public 

Instruction 

• North Dakota Department of Public 

Instruction 

• Ohio Department of Education 

• Rhode Island Department of 

Education 

• South Carolina Department of 

Education 

• South Dakota Department of 

Education 

• Utah State Office of Education 

• Virginia Department of Education 

• West Virginia Department of 

Education 

• Wisconsin Department of Public 

Instruction 

B. One Waiver To Extend the Period of 

Availability of Funds Received Under 

Section 1003(g) of the ESEA and 

Included in the Consolidated Grant 

Funds for Insular Areas 

Provision waived: Tydings 

Amendment, section 421(b) of GEPA (20 

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

Waiver Applicant: 

• Virgin Islands Department of 

Education 

C. One Waiver To Extend the Period of 

Availability of Funds for State 

Assessments and Related Activities 

Awarded Under Section 6113(b) of the 

ESEA 

Provision waived: Tydings 

Amendment, section 421(b) of GEPA (20 

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

Waiver Applicant: 

• North Dakota Department of Public 

Instruction 

D. Three Waivers To Carry Over SIG 

Funds To Allow States To Award Funds 

to LEAs Through a Competition To Be 

Conducted During the 2015–2016 

School Year 

Provision waived: Section 1003(g) of 

the ESEA. 

Waiver Applicants: 

• Alaska Department of Education and 

Early Development 

• Rhode Island Department of 

Elementary and Secondary Education 

• Utah State Office of Education 

III. Waiver of SIG Requirements 

One Waiver Granting an LEA Additional 

Time To Meet Teacher and Principal 

Evaluation Requirements 

Provision waived: Section 

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

requirements (75 FR 66363). 

Waiver Applicant: 

• Washington Office of the 

Superintendent of Public Instruction 

Description of Waiver: Allowed the 

State to permit an LEA that was 

implementing the transformation model 

during the 2013–2014 school year with 

SIG funds, which required development 

and implementation of a teacher and 

principal evaluation system, to have 

additional time to meet the teacher and 

principal evaluation requirement in a 


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school that was not able to do so that 

year. 

IV. Waivers Allowing SEAs To Approve 

Schools or LEAs Identified as in Need 

of Improvement To Become SES 

Providers 

Five Waivers To Permit 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: 

• Iowa Department of Education 

• Montana Office of Public Instruction 

• North Dakota Office of Public 

Instruction 

• Washington Office of the 

Superintendent of Public Instruction 

• Wyoming Department of Education 

Description of Waiver: To permit State 

to approve a school or LEA identified 

for improvement, corrective action, or 

restructuring to serve as an SES 

provider for the 2015–2016 school 

years. 

V. Waivers of Requirements Related to 

State Academic Standards and 

Assessments 

A. Four Waivers Allowing Substitution 

of Standards or Assessments 

Provisions waived: Section 

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

Waiver Applicants: 

• Hawaii State Department of Education 

• New Mexico Public Education 

Department 

Description of Waiver: One-year 

waiver for the 2014–2015 school year of 

the statutory and regulatory 

requirements under Title I, Part A of the 

ESEA that required the State to apply 

the same academic achievement 

standards, and used the same academic 

assessments, for all public school 

children in the State. 

Waiver Applicant: 

• New Jersey Department of Education 

Description of Waiver: One-year 

waiver for the 2014–2015 school year of 

the statutory and regulatory 

requirements under Title I, Part A of the 

ESEA so that New Jersey could use, 

with respect to a student who was not 

yet enrolled in high school but who took 

advanced, high school level 

mathematics coursework and the 

corresponding advanced, high school 

level assessment, the student’s score on 

that assessment for Federal 

accountability purposes for the grade in 

which the student was enrolled. 

Waiver Applicant: 

• Oklahoma State Department of 

Education 

Description of Waiver: One-year 

waiver for the 2014–2015 school year of 

the statutory and regulatory 

requirements under Title I, Part A of the 

ESEA so that Oklahoma could use, with 

respect to a student who was not yet 

enrolled in high school but who took 

advanced, high school level 

mathematics coursework and the 

corresponding advanced, high school 

level assessment, that student’s score on 

that assessment for Federal 

accountability purposes for the grade in 

which the student was enrolled. 

B. Six Waivers of Requirements Related 

to Reporting Assessment Results or 

Accountability Determinations 

Provision waived: Section 

1111(b)(2)(C)(v)(II)(cc) of the ESEA. 

Waiver Applicant: 

• California Department of Education 

Description of Waiver: Allowed 

California to exclude the achievement of 

students with the most significant 

cognitive disabilities who participated 

in the field tests in the 2014–2015 

school year from the calculation of 

performance against AMOs for a school 

or LEA in which such students were 

enrolled. 

Provision waived: Section 

1111(b)(3)(C)(xii) of the ESEA. 

Waiver Applicant: 

• California Department of Education 

Description of Waiver: The waiver 

permitted California and its LEAs to 

refrain from producing or providing 

individual student interpretive, 

descriptive, and diagnostic reports that 

included information regarding 

achievement on State assessments for 

students with the most significant 

cognitive disabilities who participated 

in the field tests in the 2014–2015 

school year. 

Provision waived: Section 

1111(b)(3)(C)(xii) of the ESEA. 

Waiver Applicant: 

• Hawaii State Department of Education 

Description of Waiver: Waived the 

requirement to provide individual 

student interpretive, descriptive, and 

diagnostic reports that included 

information regarding achievement on 

State assessments to parents, teachers, 

and principals as soon as it was 

practically possible after an assessment 

was given. 

Provisions waived: Section 1111(h) 

and (b)(2)(C)(v)(II) of the ESEA. 

Waiver Applicant: 

• Mississippi Department of Education 

Description of Waiver: Waiver 

approved accountability flexibility 

under ESEA flexibility with respect to 

Armstrong Middle School and Starkville 

High School. 

Provisions waived: Section 

1111(h)(1)(C)(i) and (2)(B) of the ESEA. 

Waiver Applicant: 

• California Department of Education 

Description of Waiver: Permitted 

California and its LEAs to refrain from 

including the results of students with 

the most significant cognitive 

disabilities who participated in the field 

tests in the 2014–2015 school year in 

reporting student achievement on State 

and local report cards. 

VI. AMAO 3 Determinations—AMAO 

Determinations 

Fourteen Waivers of the Requirement To 

Make AMAO 3 Determinations 

One-year waiver of the achievement 

component of AMAO 3 to permit LEAs 

receiving Title III subgrants that did not 

have assessment data to demonstrate 

they met the AMO component of AMAO 

3 for the 2014–2015 school year due to 

the transition to new assessments to 

continue the same Title III interventions 

in the 2015–2016 school year that they 

implemented in the 2014–2015 school 

year. 

Provision waived: Section 

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

Waiver Applicants: 

• Arizona Department of Education 

• Connecticut State Department of 

Education 

• Delaware Department of Education 

• Florida Department of Education 

• Georgia Department of Education 

• Idaho State Department of Education 

• Indiana Department of Education 

• Montana Office of Public Instruction 

• Oregon Department of Education 

• Rhode Island Department of 

Education 

• South Carolina Department of 

Education 

• South Dakota Department of 

Education 

• Utah State Office of Education 

• Washington Office of the 

Superintendent of Public Instruction 

VII. Waivers Allowing Flexibility To 

Support School Improvement 

Two Waivers of State-Level Reservations 

To Support School Improvement 

Waivers related to State-level 

reservations to support school 

improvement, allowing SEAs flexibility 

to distribute funds to LEAs for use in 

priority and focus schools. The required 

reservation was not waived; the waiver 

merely permitted an SEA to distribute 

the funds to schools that were not 

identified for improvement, corrective 

action, or restructuring. 


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Provision waived: Section 1003(a) of 

the ESEA. 

Waiver Applicants: 

• Texas Education Agency 

• Virginia Department of Education 

VIII. Waivers of the Requirement To 

Make AYP Determinations 

Five Waivers of the Requirement To 

Make AYP Determinations Based on 

Assessment Results 

One-year waiver of the statutory and 

regulatory requirements under Title I, 

Part A of the ESEA that required an LEA 

and an SEA, respectively, to use the 

results from the State’s academic 

assessments to make AYP 

determinations for schools and LEAs. 

Provisions waived: Section 

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

Waiver Applicants: 

• California Department of Education 

• Montana Office of Public Instruction 

• North Dakota Department of Public 

Instructions 

• Vermont Agency of Education 

• Washington Office of the 

Superintendent of Public Instruction 

IX. Waivers Allowing SEAs To Carry 

Out Significant Education Reforms 

Six Waivers Allowing LEAs To Carry 

Out Significant Education Reforms To 

Improve Student Achievement 

Waivers to carry out significant 

education reforms to improve student 

achievement for school year 2015–2016. 

Provisions waived: Sections 

1113(a)(3)–(4) and (c)(1), 1114(a)(1), 

1116(b) (except (b)(13)) and (c)(7), 

2141(a), and 6123(b)(1), (d)(2), and (e)(1) 

of the ESEA. 

Waiver Applicants: 

• Fresno Unified School District— 

California Office of Reform Education 

(CORE) 

• Los Angeles Unified School District— 

CORE 

• Long Beach Unified School District— 

CORE 

• Oakland Unified School District— 

CORE 

• Santa Ana Unified School District— 

CORE 

• San Francisco Unified School 

District—CORE 

X. Waivers Authorizing SEAs To Waive 

the Carryover Limitation 

Two Waivers Authorizing SEAs To 

Waive the Carryover Limitation for LEAs 

Waivers authorizing SEAs to waive 

the carryover limitation for an LEA that 

needed an additional waiver beyond 

what the SEA was otherwise authorized 

to grant. 

Provision waived: Section 1127(b) of 

the ESEA. 

Waiver Applicant: 

• Michigan Department of Education 

Description of Waiver: One-year 

waiver allowed Michigan to grant five 

LEAs a waiver of the carryover 

limitation with respect to FY 2013 Title 

I, Part A funds even if the LEA received 

a carryover waiver of either its FY 2011 

or FY 2012 Title I, Part A funds from the 

State. 

Waiver Applicant: 

• Washington Office of the 

Superintendent of Public Instruction 

Description of Waiver: One-year 

waiver allowed Washington to grant 

specific LEAs a waiver of the carryover 

limitation with respect to unexpended 

FY 2014 Title I, Part A funds even if an 

LEA received a carryover waiver of 

either its FY 2012 or FY 2013 Title I, 

Part A funds from the State. 

XI. Waiver Regarding Public School 

Choice Notice 

One Waiver Regarding Notification of 

Public School Choice 

Waived the requirement for an LEA to 

provide parents of eligible students with 

notice as to their public school choice 

options at least 14 days before the start 

of the school year. This waiver applied 

only to the notice required for parents 

of children attending the three Title I 

schools that either were newly 

identified for improvement for the 

2015–2016 school year or that could 

have exited improvement, corrective 

action, or restructuring based on the 

assessments administered in the 2014– 

2015 school year, but did not. 

Provisions waived: Section 

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

200.37(b)(4)(iv). 

Waiver Applicant: 

• Wyoming Department of Education 

XII. Waiver Allowing Flexibility in the 

Use of Funds Reserved for State Award 

Programs 

One Waiver Allowing Flexibility in the 

Use of Funds Reserved for State Award 

Programs 

Waiver allowed funds reserved for 

State awards programs to go to any 

reward school and extended the period 

of availability of Wisconsin’s FY 2013 

Title I school rewards programs 

allocation until September 30, 2016. 

Provision waived: Section 

1117(b)(1)(B) of the ESEA. 

Waiver Applicant: 

• Wisconsin Department of Public 

Instruction 

XIII. Waiver Relating to Highly 

Qualified Teachers 

A. One Waiver Allowing Flexibility 

Regarding the Definition of ‘‘Highly 

Qualified Teacher’’ 

A waiver allowing, through the 2018– 

2019 school year, New Mexico’s LEAs to 

apply to use the term ‘‘highly qualified 

teacher’’ to refer to a teacher who 

received a summative rating of 

‘‘effective,’’ ‘‘highly effective,’’ or 

‘‘exemplary’’ and, accordingly, has 

earned at least 50 percent of the possible 

student achievement measures in New 

Mexico’s teacher evaluation and support 

system, in lieu of meeting requirements 

in section 9101(23)(C)(ii) of the ESEA 

regarding subject-matter expertise. 

Provision waived: Section 

9101(23)(C)(ii) of the ESEA. 

Waiver Applicant: 

• New Mexico Public Education 

Department 

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. 2017–21619 Filed 10–5–17; 8:45 am] 

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