Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices 46783 

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 

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. 2017–21622 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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46784 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices 

1Additional information regarding ESEA 

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

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

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 

2013. 

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 2013, 

the Department granted waivers through 

an initiative known as ESEA flexibility 

to 45 States under the waiver authority 

in section 9401 of the ESEA, in 

exchange for a rigorous and 

comprehensive State-developed plan 

designed to improve student academic 

achievement and increase the quality of 

instruction.1 The Department also 

granted individual waivers to certain 

States under the waiver authority in 

section 9401 of the ESEA. 

We granted: 

(a) ESEA Flexibility: The Department 

granted the following ten waivers to 45 

SEAs under ESEA flexibility: 

1. Flexibility Regarding the 2013– 

2014 Timeline for Determining 

Adequate Yearly Progress (AYP); 

2. Flexibility in Implementation of 

School Improvement Requirements; 

3. Flexibility in Implementation of 

Local Educational Agency (LEA) 

Improvement Requirements; 

4. Flexibility for Rural LEAs; 

5. Flexibility for Schoolwide 

Programs; 

6. Flexibility to Support School 

Improvement; 

7. Flexibility for Reward Schools; 

8. Flexibility Regarding Highly 

Qualified Teacher (HQT) Improvement 

Plans; 

9. Flexibility to Transfer Certain 

Funds; and 

10. Flexibility to Use School 

Improvement Grant (SIG) Funds to 

Support Priority Schools. 

In addition to waiving the ten 

provisions listed above, the Department 

granted three optional waivers under 

ESEA flexibility related to the following: 

1. 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) 119 waivers extending the period 

in which funds were available for 

obligation: 30 waivers extending the 

period for State-administered ESEA 

formula grant programs that received 

fiscal year (FY) 2011 funds under the 

regular appropriation or FY 2009 funds 

under the American Recovery and 

Reinvestment Act (ARRA), one waiver 

extending the period for the 21st CCLC, 

84 waivers for school improvement 

activities, and four waivers extending 

the period for the Striving Readers 

Comprehensive Literacy Formula Grant 

Program funds; 

(c) Three waivers allowing SEAs to 

approve schools or LEAs identified as in 

need of improvement to become 

supplemental educational services (SES) 

providers; 

(d) Two waivers pertaining to school 

eligibility requirements and the 

definition of persistently lowestachieving schools; 

(e) Eight waivers of requirements 

related to State academic standards or 

assessments: Three waivers allowing 

extensions of the growth model pilot; 

four waivers related to the substitution 

of standards or assessments; and one 

waiver permitting the use of annual 

measureable achievement objectives 

(AMOs) to make AYP determination 

based on assessments administered the 

previous year; 

(f) 45 waivers allowing SEAs to waive 

the carryover limitation more than once 

every three years for their Title I, Part 

A allocation; and 

(g) One waiver of the requirement that 

an LEA provide parents of eligible 

students with notice of their public 

school choice options at least 14 days 

before the start of school year. 

I. ESEA Flexibility Waivers 

A. Flexibility Regarding the 2013–2014 

Timeline for Determining AYP 

The Department waived the 

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

(H) of the ESEA that prescribe how an 

SEA establishes AMOs for determining 

AYP to ensure that all students met or 

exceeded the State’s proficient level of 

academic achievement on the State’s 

assessments in reading/language arts 

and mathematics no later than the end 

of the 2013–2014 school year. Under 

this waiver, an SEA no longer needed to 

follow the statutory procedures for 

setting AMOs to use in determining 

AYP. Instead, an SEA had flexibility to 

develop new ambitious but achievable 

AMOs in reading/language arts and 

mathematics in order to provide 

meaningful goals to guide support and 

improvement efforts for the State, LEAs, 

schools, and student subgroups. 

Provisions waived: Section 

1111(b)(2)(E)–(H) of the ESEA. 

Waiver Applicants: 

• Alabama State Department of 

Education 

• Alaska Department of Education and 

Early Development 

• Arizona Department of Education 

• Georgia Department of Education 

• Hawaii State Department of Education 

• Kansas State Department of Education 

• Maine Department of Education 

• Nevada Department of Education 

• New Hampshire Department of 

Education 

• Ohio Department of Education 

• Oregon Department of Education 

• Pennsylvania Department of 

Education 

• Puerto Rico Department of Education 

• Texas Education Agency 

• Washington Office of the 

Superintendent of Public Instruction 

• West Virginia Department of 

Education 

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 SES to eligible 


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students. An LEA was also exempt from 

administrative and reporting 

requirements related to school 

improvement. 

Waiver Applicants: 

• Alabama State Department of 

Education 

• Alaska Department of Education and 

Early Development 

• Arizona Department of Education 

• Georgia Department of Education 

• Hawaii State Department of Education 

• Kansas State Department of Education 

• Maine Department of Education 

• Nevada Department of Education 

• New Hampshire Department of 

Education 

• Ohio Department of Education 

• Oregon Department of Education 

• Pennsylvania Department of 

Education 

• Puerto Rico Department of Education 

• Texas Education Agency 

• Washington Office of the 

Superintendent of Public Instruction 

• West Virginia Department of 

Education 

• San Francisco Unified School District 

(California) 

• Los Angeles Unified School District 

(California) 

• Fresno Unified School District 

(California) 

• Sanger Unified School District 

(California) 

• Santa Ana Unified School District 

(California) 

• Sacramento City Unified School 

District (California) 

• Long Beach Unified School District 

(California) 

• Oakland Unified School District 

(California) 

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. 

Waiver Applicants: 

• Alabama State Department of 

Education 

• Alaska Department of Education and 

Early Development 

• Arizona Department of Education 

• Georgia Department of Education 

• Hawaii State Department of Education 

• Kansas State Department of Education 

• Maine Department of Education 

• Nevada Department of Education 

• New Hampshire Department of 

Education 

• Ohio Department of Education 

• Oregon Department of Education 

• Pennsylvania Department of 

Education 

• Puerto Rico Department of Education 

• Texas Education Agency 

• Washington Office of the 

Superintendent of Public Instruction 

• West Virginia Department of 

Education 

• San Francisco Unified School District 

(California) 

• Los Angeles Unified School District 

(California) 

• Fresno Unified School District 

(California) 

• Sanger Unified School District 

(California) 

• Santa Ana Unified School District 

(California) 

• Sacramento City Unified School 

District (California) 

• Long Beach Unified School District 

(California) 

• Oakland Unified School District 

(California) 

D. Flexibility for Rural LEAs 

The Department waived the 

requirements in sections 6213(b) and 

6224(e) of the ESEA that limited 

participation in, and use of funds under, 

the Small, Rural School Achievement 

(SRSA) and RLIS programs based on 

whether an LEA made AYP and was 

complying with the requirements in 

section 1116 of the ESEA. Under the 

waiver, an LEA that received SRSA or 

RLIS funds had flexibility to use those 

funds for any authorized purpose 

regardless of the LEA’s AYP status. 

Provisions waived: Sections 6213(b) 

and 6224(e) of the ESEA. 

Waiver Applicants: 

• Alabama State Department of 

Education 

• Alaska Department of Education and 

Early Development 

• Arizona Department of Education 

• Georgia Department of Education 

• Kansas State Department of Education 

• Maine Department of Education 

• Nevada Department of Education 

• New Hampshire Department of 

Education 

• Ohio Department of Education 

• Oregon Department of Education 

• Pennsylvania Department of 

Education 

• Puerto Rico Department of Education 

• Texas Education Agency 

• Washington Office of the 

Superintendent of Public Instruction 

• West Virginia Department of 

Education 

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. 

Waiver Applicants: 

• Alabama State Department of 

Education 

• Alaska Department of Education and 

Early Development 

• Arizona Department of Education 

• Georgia Department of Education 

• Hawaii State Department of Education 

• Kansas State Department of Education 

• Maine Department of Education 

• Nevada Department of Education 

• New Hampshire Department of 

Education 

• Ohio Department of Education 

• Oregon Department of Education 

• Pennsylvania Department of 

Education 

• Puerto Rico Department of Education 

• Texas Education Agency 

• Washington Office of the 

Superintendent of Public Instruction 

• West Virginia Department of 

Education 

• San Francisco Unified School District 

(California) 

• Los Angeles Unified School District 

(California) 

• Fresno Unified School District 

(California) 

• Sanger Unified School District 

(California) 

• Santa Ana Unified School District 

(California) 

• Sacramento City Unified School 

District (California) 

• Long Beach Unified School District 

(California) 

• Oakland Unified School District 

(California) 

F. Flexibility To Support School 

Improvement 

The Department waived the 

requirement in section 1003(a) of the 

ESEA for an SEA to distribute funds 


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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. 

Waiver Applicants: 

• Alabama State Department of 

Education 

• Alaska Department of Education and 

Early Development 

• Arizona Department of Education 

• Georgia State Department of 

Education 

• Hawaii State Department of Education 

• Kansas State Department of Education 

• Maine Department of Education 

• Nevada Department of Education 

• New Hampshire Department of 

Education 

• Ohio Department of Education 

• Oregon Department of Education 

• Pennsylvania Department of 

Education 

• Puerto Rico Department of Education 

• Texas Education Agency 

• Washington Office of the 

Superintendent of Public Instruction 

• West Virginia Department of 

Education 

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. 

Waiver Applicants: 

• Alabama State Department of 

Education 

• Alaska Department of Education and 

Early Learning Development 

• Arizona Department of Education 

• Georgia Department of Education 

• Hawaii State Department of Education 

• Kansas State Department of Education 

• Maine Department of Education 

• Nevada Department of Education 

• New Hampshire Department of 

Education 

• Ohio Department of Education 

• Oregon Department of Education 

• Pennsylvania Department of 

Education 

• Puerto Rico Department of Education 

• Texas Education Agency 

• Washington Office of the 

Superintendent of Public Instruction 

• West Virginia Department of 

Education 

H. Flexibility Regarding HQT 

Improvement Plans 

The Department waived the 

requirements in section 2141(a) through 

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

comply with certain requirements for 

improvement plans regarding highly 

qualified teachers. Under the waiver, an 

LEA that did not meet its HQT target 

did not have to develop an 

improvement plan under section 2141 

of the ESEA and had flexibility in how 

it used its Title I and Title II funds. An 

SEA was exempt from the requirements 

regarding its role in the implementation 

of those plans, including the 

requirement that it enter into 

agreements with LEAs on the use of 

funds and the requirement that it 

provide technical assistance to LEAs on 

their plans. This flexibility allowed an 

SEA and LEA to focus on developing 

and implementing more meaningful 

evaluation and support systems. 

Provisions waived: Section 2141(a)– 

(c) of the ESEA. 

Waiver Applicants: 

• Alabama State Department of 

Education 

• Alaska Department of Education and 

Early Development 

• Arizona Department of Education 

• Georgia Department of Education 

• Hawaii State Department of Education 

• Kansas State Department of Education 

• Maine Department of Education 

• Nevada Department of Education 

• New Hampshire Department of 

Education 

• Ohio Department of Education 

• Oregon Department of Education 

• Pennsylvania Department of 

Education 

• Puerto Rico Department of Education 

• Texas Education Agency 

• Washington Office of the 

Superintendent of Public Instruction 

• West Virginia Department of 

Education 

• San Francisco Unified School District 

(California) 

• Los Angeles Unified School District 

(California) 

• Fresno Unified School District 

(California) 

• Sanger Unified School District 

(California) 

• Santa Ana Unified School District 

(California) 

• Sacramento City Unified School 

District (California) 

• Long Beach Unified School District 

(California) 

• Oakland Unified School District 

(California) 

II. 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 

programs. 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. 

Waiver Applicants: 

• Alabama State Department of 

Education 

• Alaska Department of Education and 

Early Development 

• Arizona Department of Education 

• Georgia Department of Education 

• Hawaii State Department of Education 

• Kansas State Department of Education 

• Maine Department of Education 

• Nevada Department of Education 

• New Hampshire Department of 

Education 

• Ohio Department of Education 

• Oregon Department of Education 

• Pennsylvania Department of 

Education 

• Puerto Rico Department of Education 

• Texas Education Agency 

• Washington Office of the 

Superintendent of Public Instruction 

• West Virginia Department of 

Education 

• San Francisco Unified School District 

(California) 

• Los Angeles Unified School District 

(California) 

• Fresno Unified School District 

(California) 

• Sanger Unified School District 

(California) 

• Santa Ana Unified School District 

(California) 

• Sacramento City Unified School 

District (California) 

• Long Beach Unified School District 

(California) 

• Oakland Unified School District 

(California) 

A. Flexibility To Use SIG Funds To 

Support Priority Schools 

The Department waived the 

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


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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. 

Provision waived: Section 1003(g)(4) 

of the ESEA and Section I.A.3 of the SIG 

final requirements (74 FR 65618). 

Waiver Applicants: 

• Alabama State Department of 

Education 

• Alaska Department of Education and 

Early Development 

• Arizona Department of Education 

• Georgia Department of Education 

• Hawaii State Department of Education 

• Idaho State Department of Education 

• Kansas State Department of Education 

• Maine Department of Education 

• Nevada Department of Education 

• New Hampshire Department of 

Education 

• New Jersey Department of Education 

• Ohio Department of Education 

• Oregon Department of Education 

• Pennsylvania Department of 

Education 

• Puerto Rico Department of Education 

• Texas Education Agency 

• Washington Office of the 

Superintendent of Public Instruction 

• West Virginia Department of 

Education 

B. 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: Sections 

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

ESEA. 

Waiver Applicants: 

• Alabama State Department of 

Education 

• Arizona Department of Education 

• Georgia Department of Education 

• Hawaii State Department of Education 

• Kansas State Department of Education 

• Maine Department of Education 

• Nevada Department of Education 

• Ohio Department of Education 

• Oregon Department of Education 

• Pennsylvania Department of 

Education 

• Puerto Rico Department of Education 

• Texas Education Agency 

• Washington Office of the 

Superintendent of Public Instruction 

• West Virginia Department of 

Education 

C. 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: 

• Alabama State Department of 

Education 

• Alaska Department of Education and 

Early Development 

• Arizona Department of Education 

• Georgia Department of Education 

• Hawaii State Department of Education 

• Kansas State Department of Education 

• Maine Department of Education 

• Nevada Department of Education 

• New Hampshire Department of 

Education 

• Ohio Department of Education 

• Oregon Department of Education 

• Pennsylvania Department of 

Education 

• Puerto Rico Department of Education 

• Texas Education Agency 

• Washington Office of the 

Superintendent of Public Instruction 

• West Virginia Department of 

Education 

D. 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: 

• Alabama State Department of 

Education 

• Arizona Department of Education 

• Georgia Department of Education 

• Hawaii State Department of Education 

• Kansas State Department of Education 

• Maine Department of Education 

• Maryland State Department of 

Education 

• Nevada Department of Education 

• New Hampshire Department of 

Education 

• Ohio Department of Education 

• Oregon Department of Education 

• Pennsylvania Department of 

Education 

• Puerto Rico Department of Education 

• Texas Education Agency 

• Washington Office of the 

Superintendent of Public Instruction 

• West Virginia Department of 

Education 

• San Francisco Unified School District 

(California) 

• Los Angeles Unified School District 

(California) 

• Fresno Unified School District 

(California) 

• Sanger Unified School District 

(California) 

• Santa Ana Unified School District 

(California) 

• Sacramento City Unified School 

District (California) 

• Long Beach Unified School District 

(California) 

• Oakland Unified School District 

(California) 

III. Extensions of the Obligation Period 

A. The Department granted waivers 

for ESEA State-administered formula 

grant programs extending until 

September 30, 2014, the period of 

availability for FY 2011 Title I, Part A 

funds reserved for school improvement 

activities under section 1003(a) 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: 

• Maryland State Department of 

Education 

• New York State Department of 

Education 

• Ohio Department of Education 

• Oklahoma State Department of 

Education 

• Rhode Island Department of 

Education 

• Virginia Department of Education 

B. The Department granted waivers 

for ESEA State-administered formula 


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46788 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices 

grant programs extending until 

September 30, 2014, the period of 

availability of FY 2009 Title I, Part A 

program funds awarded under ARRA. 

Provision waived: Tydings 

Amendment, section 421(b) of GEPA (20 

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

Waiver Applicants: 

• Alabama State Department of 

Education 

• Arizona Department of Education 

• Arkansas Department of Education 

• California Department of Education 

• Colorado Department of Education 

• Florida Department of Education 

• Iowa Department of Education 

• Kentucky Department of Education 

• Maine Department of Education 

• Maryland State Department of 

Education 

• Massachusetts Department of 

Elementary and Secondary Education 

• Minnesota Department of Education 

• Montana Office of Public Instruction 

• Nebraska Department of Education 

• New Hampshire Department of 

Education 

• New Jersey Department of Education 

• New Mexico Public Education 

Department 

• Oregon Department of Education 

• Pennsylvania Department of 

Education 

• Rhode Island Department of 

Education 

• South Carolina Department of 

Education 

• Tennessee Department of Education 

• Texas Education Agency 

• West Virginia Department of 

Education 

C. Waivers extending the period of 

availability of SIG program funds 

awarded under section 1003(g) of the 

ESEA. 

1. Extended the period of availability 

of FY 2009 SIG funds until September 

30, 2014. 

Provision waived: Tydings 

Amendment, section 421(b) of GEPA. 

Waiver Applicants: 

• Alabama State Department of 

Education 

• Arizona Department of Education 

• Arkansas Department of Education 

• California Department of Education 

• Colorado Department of Education 

• Florida Department of Education 

• Iowa Department of Education 

• Kentucky Department of Education 

• Maine Department of Education 

• Maryland State Department of 

Education 

• Massachusetts Department of 

Elementary and Secondary Education 

• Minnesota Department of Education 

• Montana Office of Public Instruction 

• Nebraska Department of Education 

• New Hampshire Department of 

Education 

• New Jersey Department of Education 

• New Mexico Public Education 

Department 

• Oregon Department of Education 

• Pennsylvania Department of 

Education 

• Rhode Island Department of 

Education 

• South Carolina Department of 

Education 

• Tennessee Department of Education 

• Texas Education Agency 

• Washington Office of the 

Superintendent of Public Instruction 

• West Virginia Department of 

Education 

2. Extended the period of availability 

of FY 2010 SIG funds. 

Provision waived: Tydings 

Amendment, section 421(b) of GEPA. 

a. Extension granted until June 1, 

2013. 

Waiver Applicant: 

• Idaho State Department of Education 

b. Extension granted until August 1, 

2013. 

Waiver Applicant: 

• Idaho State Department of Education 

c. Extension granted until September 

30, 2013. 

Waiver Applicants: 

• Mississippi Department of Education 

• Virginia Department of Education 

d. Extension granted until September 

30, 2014. 

Waiver Applicants: 

• Alabama State Department of 

Education 

• California Department of Education 

• Delaware Department of Education 

• Hawaii State Department of Education 

• Idaho State Department of Education 

• Illinois State Board of Education 

• Michigan Department of Education 

• Minnesota Department of Education 

• Mississippi Department of Education 

• Missouri Department of Elementary 

and Secondary Education 

• Oklahoma State Department of 

Education 

• Rhode Island Department of 

Education 

• Texas Education Agency 

3. Extended the period of availability 

of FY 2011 SIG funds. 

Provision waived: Tydings 

Amendment, section 421(b) of GEPA. 

a. Extension granted until September 

30, 2014. 

Waiver Applicants: 

• Alaska Department of Education and 

Early Development 

• Arizona Department of Education 

• Hawaii State Department of Education 

• Kansas State Department of Education 

• Kentucky Department of Education 

• Maine Department of Education 

• Michigan Department of Education 

• Minnesota Department of Education 

• Mississippi Department of Education 

• New Jersey Department of Education 

• New Mexico Public Education 

Department 

• Ohio Department of Education 

• Pennsylvania Department of 

Education 

• South Carolina Department of 

Education 

• Tennessee Department of Education 

• Utah State Office of Education 

• Virginia Department of Education 

• Wisconsin Department of Public 

Education 

b. Extension granted until September 

30, 2015. 

Waiver Applicants: 

• California Department of Education 

• District of Columbia Office of the 

State Superintendent of Education 

• Idaho State Department of Education 

• Illinois State Board of Education 

• Missouri Department of Elementary 

and Secondary Education 

• New York State Department of 

Education 

• Oklahoma State Department of 

Education 

4. Extended the period of availability 

of FY 2012 SIG funds. 

Provision waived: Tydings 

Amendment, section 421(b) of GEPA. 

a. Extension granted until September 

30, 2015. 

Waiver Applicants: 

• Arkansas Department of Education 

• Delaware Department of Education 

• Washington Office of the 

Superintendent of Public Instruction 

b. Extension granted until September 

30, 2016. 

Waiver Applicants: 

• Colorado Department of Education 

• District of Columbia Office of the 

State Superintendent of Education 

• Georgia Department of Education 

• Idaho State Department of Education 

• Illinois State Board of Education 

• Indiana Department of Education 

• Kansas State Department of Education 

• Louisiana Department of Education 

• Maine Department of Education 

• Massachusetts Department of 

Elementary and Secondary Education 

• Nebraska Department of Education 

• Nevada Department of Education 

• Rhode Island Department of 

Education 

5. Extended the period of availability 

of FY 2013 SIG funds. 

Provision waived: Tydings 

Amendment, section 421(b) of GEPA. 


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Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices 46789 

a. Extension granted until September 

30, 2016. 

Waiver Applicant: 

• Minnesota Department of Education 

D. Waivers for the Striving Readers 

Comprehensive Literacy Grant Program 

extending the period of availability until 

December 31, 2013 of FY 2010 funds 

awarded under Part E, Section 1502 of 

the ESEA. 

Provision waived: Tydings 

Amendment, section 421(b) of GEPA. 

Waiver Applicants: 

• California Department of Education 

• New Mexico Public Education 

Department 

• South Carolina Department of 

Education 

• Tennessee Department of Education 

E. Waivers for the 21st CCLC program 

extending the period of availability of 

FY 2010 funds until September 30, 

2013. 

Provision waived: Tydings 

Amendment, section 421(b) of GEPA. 

Waiver Applicant: 

• Kansas State Department of Education 

IV. Waivers Allowing SEAs To Approve 

Schools or LEAs Identified as in Need 

of Improvement To Become SES 

Providers 

The Department permitted SEAs to 

approve a school or LEA identified for 

improvement, corrective action, or 

restructuring to serve as a provider of 

SES. 

Provisions waived: 34 CFR 

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

Waiver Applicants: 

• California Department of Education 

(during the 2014–15 and 2015–16 

school years) 

• Montana Office of Public Instruction 

(during the 2013–14 school year) 

V. Waivers of School Eligibility 

Requirements and Definition of 

Persistently Lowest-Achieving Schools 

The Department allowed SEAs to: (A) 

Waive the school eligibility 

requirements by replacing the list of 

Tier I, Tier II, and Tier III schools with 

their list of priority schools; and (B) 

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: 

• Idaho State Department of Education 

• New Jersey Department of Education 

VI. Waivers of Academic Standards, 

Assessments, and Accountability 

Requirements 

A. Two-year extension of waiver 

permitting SEAs to use their Growth 

Model Pilots in making accountability 

determinations based on assessments 

administered through the 2013–2014 

school year. 

Provision waived: Section 1111(b)(2) 

of the ESEA. 

Waiver Applicants: 

• Delaware Department of Education 

• Iowa Department of Education 

• Pennsylvania Department of 

Education 

B. Waivers allowing substitution of 

standards or assessments. 

Allowed Kansas to permit McPherson 

Unified School District, Kansas City, 

Kansas Public Schools and the CliftonClyde Unified School District to: (i) 

Administer the ACT in high school and 

the EXPLORE in grade 8 in lieu of the 

Kansas State assessments; and (ii) use 

the results of those assessments for 

accountability purposes. 

Provisions waived: Section 

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

(ii) of the ESEA. 

Waiver Applicant: 

• Kansas State Department of Education 

C. Waiver permitting the use of AMOs 

to make AYP determinations based on 

assessments administered the previous 

year. 

Provision waived: Section 

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

Waiver Applicant: 

• Wyoming Department of Education 

VII. Waivers Authorizing an SEA To 

Waive the Carryover Limitation for an 

LEA Because of Its Receipt of Title I, 

Part A ARRA Funds 

Waiver to permit an SEA to waive the 

carryover limitation more than once 

within three years for an LEA that needs 

the additional waiver because of its 

receipt of Title I, Part A ARRA funds. 

Provision waived: Section 1127(b) of 

the ESEA. 

Waiver Applicants: 

• Alabama State Department of 

Education 

• Alaska Department of Education and 

Early Development 

• Arizona Department of Education 

• Arkansas Department of Education 

• California Department of Education 

• District of Columbia Office of State 

Superintendent of Education 

• Florida Department of Education 

• Georgia Department of Education 

• Hawaii State Department of Education 

• Idaho State Department of Education 

• Illinois State Board of Education 

(applies to FY 2011 and 2012) 

• Indiana Department of Education 

• Iowa Department of Education 

• Kentucky Department of Education 

• Louisiana Department of Education 

• Maine Department of Education 

• Michigan Department of Education 

• Minnesota Department of Education 

• Mississippi Department of Education 

• Missouri Department of Education 

• Montana Office of Public Instruction 

• Nebraska Department of Education 

• Nevada Department of Education 

• New Hampshire Department of 

Education: Merrimack School District 

• New Hampshire Department of 

Education: Derry School District 

• New Hampshire Department of 

Education 

• New Jersey Department of Education 

• New Mexico Public Education 

Department 

• New York State Department of 

Education 

• North Dakota Department of Public 

Instruction 

• Ohio Department of Education 

• Oklahoma State Department of 

Education 

• Rhode Island Department of 

Education 

• South Carolina Department of 

Education 

• South Dakota Department of 

Education 

• Tennessee Department of Education 

• Utah State Office of Education 

• Virginia Department of Education 

• Washington Office of the 

Superintendent of Public Instruction 

• West Virginia Department of 

Education 

• Wisconsin Department of Public 

Education 

• Wyoming Department of Education 

VIII. Waivers Regarding Public School 

Choice 

The Department granted an SEA a 

waiver 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— 

A. Were newly identified for 

improvement for the school year; or 

B. 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: 

• Wyoming Department of Education 

Accessible Format: Individuals with 

disabilities can obtain this document in 

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

print, audiotape, or compact disc) on 

request to the program contact person 

listed under FOR FURTHER INFORMATION

CONTACT. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 


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

1Additional information regarding ESEA 

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

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

Register. Free internet access to the 

official edition of the Federal Register 

and the Code of Federal Regulations is 

available via the Federal Digital System 

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

can view this document, as well as other 

documents of this Department 

published in the Federal Register, in 

text or Portable Document Format 

(PDF). To use PDF you must have 

Adobe Acrobat Reader, which is 

available free at the site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at: www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

Dated: October 3, 2017. 

Jason Botel, 

Acting Assistant Secretary for Elementary and 

Secondary Education. 

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

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

Notice of Waivers Granted Under 

Section 9401 of the Elementary and 

Secondary Education Act of 1965, as 

Amended by the No Child Left Behind 

Act of 2001 

AGENCY: Office of Elementary and 

Secondary Education, Department of 

Education. 

ACTION: Notice. 

SUMMARY: In this notice, we announce 

the waivers that the U.S. Department of 

Education (Department) granted during 

calendar year 2012 under the waiver 

authority of the Elementary and 

Secondary Education Act of 1965, as 

amended by the No Child Left Behind 

Act of 2001 (ESEA), including waivers 

related to flexibility granted to States in 

exchange for State-led reforms (ESEA 

flexibility). 

The ESEA requires that the 

Department publish in the Federal 

Register, and disseminate to interested 

parties, a notice of its decision to grant 

a waiver of statutory or regulatory 

requirements under the ESEA. Between 

2011 and 2016, the Department granted 

more than 800 waivers of statutory or 

regulatory requirements to State 

educational agencies (SEAs) but 

neglected to comply with the ESEA’s 

publication and dissemination 

requirements. This notice is intended to 

fulfill the Department’s obligation to 

publicize its waiver decisions by 

identifying the waivers granted during 

2012. 

FOR FURTHER INFORMATION CONTACT: Kia 

Weems, U.S. Department of Education, 

400 Maryland Avenue SW., Room 

3W341, Washington, DC 20202. 

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

Kia.Weems@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD) or a text 

telephone (TTY), call the Federal Relay 

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

8339. 

SUPPLEMENTARY INFORMATION: In 2012, 

the Department granted waivers through 

an initiative known as ESEA flexibility 

to 35 States from ten specific provisions 

of the ESEA in exchange for a rigorous 

and comprehensive State-developed 

plan designed to improve educational 

outcomes for all students, close 

achievement gaps, increase equity, and 

improve the quality of instruction.1 In 

addition to waiving the ten provisions, 

the Department granted three optional 

waivers under ESEA flexibility. The 

Department also granted 134 individual 

waivers under the waiver authority in 

section 9401 of the ESEA. 

We granted: 

(a) ESEA flexibility: The Department 

granted the following ten waivers to 35 

SEAs under ESEA flexibility: 

1. Flexibility Regarding the 2013– 

2014 Timeline for Determining 

Adequate Yearly Progress (AYP); 

2. Flexibility in Implementation of 

School Improvement Requirements; 

3. Flexibility in Implementation of 

Local Educational Agency (LEA) 

Improvement Requirements; 

4. Flexibility for Rural LEAs; 

5. Flexibility for Schoolwide 

Programs; 

6. Flexibility to Support School 

Improvement; 

7. Flexibility for Reward Schools; 

8. Flexibility Regarding Highly 

Qualified Teacher (HQT) Improvement 

Plans; 

9. Flexibility to Transfer Certain 

Funds; and 

10. Flexibility to Use School 

Improvement Grant (SIG) Funds to 

Support Priority Schools. 

In addition to waiving the ten 

provisions listed above, the Department 

granted three optional waivers under 

ESEA flexibility related to the following: 

1. Granted waivers to 23 States under 

the Flexibility in the Use of TwentyFirst Century Community Learning 

Centers (21st CCLC) Program Funds; 

2. Granted waivers to 33 States under 

the Flexibility Regarding Making AYP 

Determinations; and 

3. Granted waivers to 33 States under 

the Flexibility Regarding Within-District 

Title I Allocations; 

(b) 73 waivers extending the period 

during which funds were available for 

obligation: 11 waivers extending the 

period for ESEA State-administered 

formula grant programs that received 

fiscal year (FY) 2009 funds under the 

regular appropriation; 14 waivers 

extending the period for ESEA Stateadministered formula grant programs 

that received FY 2009 funds under the 

American Recovery and Reinvestment 

Act (ARRA); one waiver under the 

Enhancing Education Through 

Technology (Ed-Tech) Program; one 

waiver under the Migrant Education 

Consortium Incentive Grant Program; 

two waivers under the Consolidated 

Grant funds for Insular Areas; 38 

waivers for school improvement 

activities for certain fiscal years’ funds; 

and six waivers extending the period for 

the Striving Readers Comprehensive 

Literacy Formula Grant Program funds; 

(c) 21 waivers relating to school 

improvement requirements: Three 

waivers pertaining to school eligibility 

requirements and the definition of 

persistently lowest-achieving schools; 

and 18 waivers granting additional time 

to meet the teacher and principal 

evaluation requirement (11 for cohort 1 

schools and seven for cohort 2 schools); 

(d) 11 waivers of requirements related 

to State academic standards or 

assessments: Three waivers allowing 

substitution of standards or 

assessments; and eight waivers 

permitting use of annual measurable 

objectives (AMOs) to make AYP 

determinations based on assessments 

administered in the previous school 

year; 

(e) One waiver of the five percent cap 

on Title I funds an LEA may reserve to 

provide financial incentives and 

rewards to teachers in schools identified 

for improvement, corrective action, or 

restructuring; 

(f) Two schoolwide poverty threshold 

waivers permitting specific schools with 

less than 40 percent poverty the 

flexibility to operate a schoolwide 

program; 

(g) Four waivers of the requirement to 

provide parents notice of public school 

choice options at least 14 days before 

the start of the school year; 

(h) Two new waivers and one 

continuation allowing LEAs both to 

provide SES to eligible students 

attending schools in the first year of 

improvement that received funding 

under Title I, Part A and to count the 

costs of doing so toward meeting the 

LEAs’ ‘‘20 percent obligation’’; 


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