[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Notices]
[Pages 46790-46796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21623]


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DEPARTMENT OF EDUCATION


Notice of Waivers Granted Under Section 9401 of the Elementary 
and Secondary Education Act of 1965, as Amended by the No Child Left 
Behind Act of 2001

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

ACTION: Notice.

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SUMMARY: In this notice, we announce the waivers that the U.S. 
Department of Education (Department) granted during calendar year 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: <a href="/cdn-cgi/l/email-protection#c78caea6e990a2a2aab487a2a3e9a0a8b1"><span class="__cf_email__" data-cfemail="6a21030b443d0f0f07192a0f0e440d051c">[email protected]</span></a>.
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION: In 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.
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    \1\ Additional information regarding ESEA flexibility can be 
found at: http://www2.ed.gov/policy/elsec/guid/esea-flexibility/index.html.
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    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 
Twenty-First 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 State-administered 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'';

[[Page 46791]]

    (i) Six waivers allowing SEAs or LEAs to approve LEAs or schools, 
respectively, identified as in need of improvement to become SES 
providers;
    (j) Eight waivers allowing SEAs to waive the carryover limitation 
more than once every three years for their Title I, Part A allocation 
received under ARRA;
    (k) One waiver of the third of three annual measureable achievement 
objectives (AMAO 3) under Title III allowing the State to use the same 
targets used to determine AYP for Title I in place of the State's AMAO 
3; and
    (l) Four waivers related to rural programs: Two waivers allowing 
SEAs to provide equitable services for private school students and 
teachers under the Rural and Low-Income School Program (RLIS) and two 
waivers allowing SEAs to meet the academic achievement assessment 
requirement in an alternative manner under RLIS.

Waiver Data

I. ESEA Flexibility Waivers

A. Flexibility Regarding the 2013-2014 Timeline for Determining AYP

    The Department waived the requirements in section 1111(b)(2)(E)-(H) 
of the ESEA that prescribe how an SEA establishes AMOs for determining 
AYP to ensure that all students met or exceeded the State's proficient 
level of academic achievement on the State's assessments in reading/
language arts and mathematics no later than the end of the 2013-2014 
school year. Under this waiver, an SEA no longer needed to follow the 
statutory procedures for setting AMOs to use in determining AYP. 
Instead, an SEA had flexibility to develop new ambitious but achievable 
AMOs in reading/language arts and mathematics in order to provide 
meaningful goals to guide support and improvement efforts for the 
State, LEAs, schools, and student subgroups.

B. Flexibility in Implementation of School Improvement Requirements

    The Department waived the requirements in section 1116(b) of the 
ESEA for an LEA to identify for improvement, corrective action, or 
restructuring, as appropriate, a Title I school that failed, for two 
consecutive years or more, to make AYP, and for a school so identified 
and its LEA to take certain improvement actions. Under this waiver, an 
LEA was no longer required to identify respective Title I schools for 
improvement, corrective action, or restructuring, and neither the LEA 
nor its schools were required to take statutorily required improvement 
actions, including providing public school choice and supplemental 
educational services (SES) to eligible students. An LEA was also exempt 
from administrative and reporting requirements related to school 
improvement.

C. Flexibility in Implementation of LEA Improvement

    The Department waived the requirements in section 1116(c) of the 
ESEA for an SEA to identify for improvement or corrective action, as 
appropriate, an LEA that, for two consecutive years or more, failed to 
make AYP, and neither the LEA nor the SEA was required to take 
statutorily required improvement actions. An LEA was also exempt from 
associated administrative and reporting requirements related to LEA 
improvement.

D. Flexibility for Rural LEAs

    The Department waived the requirements in sections 6213(b) and 
6224(e) of the ESEA that limited participation in, and use of funds 
under, the Small, Rural School Achievement (SRSA) and RLIS programs 
based on whether an LEA made AYP and was complying with the 
requirements in section 1116 of the ESEA. Under the waiver, an LEA that 
received SRSA or RLIS funds had flexibility to use those funds for any 
authorized purpose regardless of the LEA's AYP status.

E. Flexibility for Schoolwide Programs

    The Department waived the requirement in section 1114(a)(1) of the 
ESEA that a school have a poverty percentage of 40 percent or more in 
order to operate a schoolwide program. Under this waiver, an LEA had 
flexibility to operate a schoolwide program in a Title I school that 
did not meet the 40 percent poverty threshold if the SEA identified the 
school as a priority school or a focus school, and the LEA implemented 
interventions consistent with the turnaround principles or 
interventions that were based on the needs of the students in the 
school and designed to enhance the entire educational program in the 
school, as appropriate.

F. Flexibility To Support School Improvement

    The Department waived the requirement in section 1003(a) of the 
ESEA for an SEA to distribute funds reserved under that section only to 
LEAs with schools identified for improvement, corrective action, or 
restructuring. Under this waiver, an SEA had flexibility to allocate 
ESEA section 1003(a) funds to an LEA in order to serve any priority or 
focus school, if the SEA determined such school was most in need of 
additional support.

G. Flexibility for Reward Schools

    The Department waived the provision in section 1117(c)(2)(A) of the 
ESEA that authorized an SEA to reserve Title, Part A funds to reward a 
Title I school that (1) significantly closed the achievement gap 
between subgroups in the school; or (2) exceeded AYP for two or more 
consecutive years. Under this waiver, an SEA had flexibility to use 
funds reserved under section 1117(c)(2)(A) of the ESEA to provide 
financial rewards to any reward school, if the SEA determined such 
school was most appropriate to receive a financial reward.

H. Flexibility Regarding HQT Improvement Plans

    The Department waived the requirements in section 2141(a) through 
(c) of the ESEA for an LEA and SEA to comply with certain requirements 
for improvement plans regarding highly qualified teachers. Under the 
waiver, an LEA that did not meet its HQT target did not have to develop 
an improvement plan under section 2141 of the ESEA and had flexibility 
in how it used its Title I and Title II funds. An SEA was exempt from 
the requirements regarding its role in the implementation of those 
plans, including the requirement that it enter into agreements with 
LEAs on the use of funds and the requirement that it provide technical 
assistance to LEAs on their plans. This flexibility allowed an SEA and 
LEA to focus on developing and implementing more meaningful evaluation 
and support systems.

I. Flexibility To Transfer Certain Funds

    The Department waived the limitations in section 6123 of the ESEA 
that limited the amount of funds an SEA or LEA may transfer from 
certain ESEA programs to other ESEA programs. Under this waiver, an SEA 
and its LEAs had flexibility to transfer up to 100 percent of the funds 
received under the authorized programs among those programs and into 
Title I, Part A. Moreover, to minimize burden at the State and local 
levels, the SEA was not required to notify the Department, and its 
participating LEAs were not required to notify the SEA, prior to 
transferring funds.

J. Flexibility To Use SIG Funds To Support Priority Schools

    The Department waived the requirements in section 1003(g)(4) of the 
ESEA and the definition of a Tier I

[[Page 46792]]

school in Section I.A.3 of the SIG final requirements. Under this 
waiver, an SEA had flexibility to award SIG funds available under 
section 1003(g) of the ESEA to an LEA to implement one of the four SIG 
models in any priority school.
    The 35 applicants listed below were granted waivers under ESEA 
flexibility:

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

K. Waivers Regarding Flexibility in the Use of 21st CCLC Program Funds

    The Department waived requirements in sections 4201(b)(1)(A) and 
4204(b)(2)(A) of the ESEA that restricted the activities provided by a 
community learning center under the 21st CCLC program to activities 
provided only during non-school hours or periods when school was not in 
session (i.e., before and after school or during summer recess). Under 
this waiver, an SEA had flexibility to permit community learning 
centers to use 21st CCLC funds to support expanded learning time during 
the school day in addition to activities during non-school hours or 
periods when school was not in session.
    23 Waiver applicants:

<bullet> Colorado Department of Education
<bullet> Connecticut State Department of Education
<bullet> Delaware Department of Education
<bullet> Florida Department of Education
<bullet> Idaho State Department of Education
<bullet> Indiana Department of Education
<bullet> Kansas State Department of Education
<bullet> Kentucky Department of Education
<bullet> Louisiana Department of Education
<bullet> Maryland State Department of Education
<bullet> Massachusetts Department of Elementary and Secondary Education
<bullet> Mississippi Department of Education
<bullet> Missouri Department of Elementary and Secondary Education
<bullet> New Jersey Department of Education
<bullet> New York State Education Department
<bullet> North Carolina Department of Public Instruction
<bullet> Ohio Department of Education
<bullet> Oklahoma State Department of Education
<bullet> Oregon Department of Education
<bullet> Tennessee Department of Education
<bullet> Utah State Office of Education
<bullet> Virginia Department of Education
<bullet> Washington Office of the Superintendent of Public Instruction

L. Waivers Granting Flexibility Regarding Making AYP Determinations

    The Department waived the requirements in section 1116(a)(1)(A)-(B) 
and (c)(1)(A) of the ESEA that required LEAs and SEAs to make 
determinations of AYP for schools and LEAs, respectively. Under this 
waiver, an SEA and its LEAs were no longer required to make AYP 
determinations for LEAs and schools, respectively. Instead, an SEA and 
its LEAs had to report on their report cards performance against the 
AMOs for all subgroups identified in section 1111(b)(2)(C)(v) of the 
ESEA, and use performance against the AMOs to support continuous 
improvement in Title I schools.
    33 Waiver applicants:

<bullet> Arizona Department of Education
<bullet> Arkansas Department of Education
<bullet> Colorado Department of Education
<bullet> Connecticut State Department of Education
<bullet> District of Columbia Office of the State Superintendent of 
Education
<bullet> Florida Department of Education
<bullet> Georgia Department of Education
<bullet> Idaho State Department of Education
<bullet> Indiana Department of Education
<bullet> Kansas State Department of Education
<bullet> Kentucky Department of Education
<bullet> Louisiana Department of Education
<bullet> Maryland State Department of Education
<bullet> Massachusetts Department of Elementary and Secondary Education
<bullet> Michigan Department of Education
<bullet> Mississippi Department of Education
<bullet> Missouri Department of Elementary and Secondary Education
<bullet> Nevada Department of Education
<bullet> New Jersey Department of Education
<bullet> New Mexico Public Education Department
<bullet> New York State Education Department
<bullet> North Carolina Department of Public Instruction
<bullet> Ohio Department of Education
<bullet> Oklahoma State Department of Education
<bullet> Oregon Department of Education
<bullet> Rhode Island Department of Education
<bullet> South Carolina Department of Education
<bullet> South Dakota Department of Education
<bullet> Tennessee Department of Education
<bullet> Utah State Office of Education
<bullet> Virginia Department of Education
<bullet> Washington Office of the Superintendent of Public Instruction
<bullet> Wisconsin Department of Public Instruction

M. Waivers Granting Flexibility Regarding Within-District Title I 
Allocations

    The Department waived the requirements in section 1113(a)(3)-(4) of 
the ESEA that required an LEA to serve eligible schools under Title I 
in rank order of poverty and to allocate Title I, Part A funds based on 
that rank ordering. Under this waiver, an LEA had flexibility to serve 
with Title I funds a Title I-eligible high school with a graduation 
rate below 60 percent that the SEA identified as a priority school even 
if that school did not rank sufficiently high to be served based solely 
on the school's poverty rate.
    33 Waiver applicants:

<bullet> Arizona Department of Education
<bullet> Arkansas Department of Education
<bullet> Colorado Department of Education
<bullet> Connecticut State Department of Education
<bullet> Delaware Department of Education
<bullet> District of Columbia Office of the State Superintendent of 
Education
<bullet> Florida Department of Education
<bullet> Georgia Department of Education

[[Page 46793]]

<bullet> Idaho State Department of Education
<bullet> Indiana Department of Education
<bullet> Kansas State Department of Education
<bullet> Kentucky Department of Education
<bullet> Louisiana Department of Education
<bullet> Maryland State Department of Education
<bullet> Massachusetts Department of Elementary and Secondary Education
<bullet> Mississippi Department of Education
<bullet> Missouri Department of Elementary and Secondary Education
<bullet> Nevada Department of Education
<bullet> New Jersey Department of Education
<bullet> New Mexico Public Education Department
<bullet> New York State Education Department
<bullet> North Carolina Department of Public Instruction
<bullet> Ohio Department of Education
<bullet> Oklahoma State Department of Education
<bullet> Oregon Department of Education
<bullet> Rhode Island Department of Education
<bullet> South Carolina Department of Education
<bullet> South Dakota Department of Education
<bullet> Tennessee Department of Education
<bullet> Utah State Office of Education
<bullet> Virginia Department of Education
<bullet> Washington Office of the Superintendent of Public Instruction
<bullet> Wisconsin Department of Public Instruction

II. Extensions of the Obligation Period

A. Waivers Granted for ESEA State-Administered Formula Grant Programs 
That Received FY 2009 Funds Under the Department's Regular 
Appropriation Act

    Extended until September 30, 2012, the period of availability of 
funds under certain grant programs.
    Provision waived: Section 421(b) of the General Education 
Provisions Act (GEPA).
    11 Waiver applicants and affected programs:

<bullet> Delaware Department of Education, Title I, Part A (Grants to 
LEAs), Title I, Part B, Subpart 3 (Even Start), Title II, Part A 
(Improving Teacher Quality State Grants), Title II, Part B, Sections 
2201-2203 (Math Science Partnerships), Title II, Part D (Ed-Tech), 
Title III, Part A (English Language State Grants), Title IV, Part A 
(Safe and Drug Free Schools and Community Grants), Title IV, Part B 
(21st Century Community Learning Centers), and Title VI, Part A, 
Subpart I, Section 6111 (State Assessment Grants)
<bullet> Georgia Department of Education, Title II, Part B, Sections 
2201-2203 (Math Science Partnerships), Title II, Part D (Ed-Tech), and 
Title IV, Part A (Safe and Drug Free Schools and Community Grants)
<bullet> Guam Department of Education, Title I, Part A, Subpart 2, 
Section 1121(b)-(c) (Grants to the Outlying Areas)
<bullet> Idaho State Department of Education, Title IV, Part A (Safe 
and Drug Free Schools and Community Grants)
<bullet> Illinois State Board of Education, Title I, Part A (Grants to 
LEAs), Title II, Part A (Improving Teacher Quality State Grants), Title 
II, Part B, Sections 2201-2203 (Math Science Partnerships), Title II, 
Part D (Ed-Tech), Title IV, Part A (Safe and Drug Free Schools and 
Community Grants), and Title IV, Part B (21st Century Community 
Learning Centers)
<bullet> Massachusetts Department of Elementary and Secondary 
Education, Title I, Part A (Grants to LEAs), Title I, Part B, Subpart 3 
(Even Start), Title I, Part D (Neglected and Delinquent Program), Title 
II, Part A (Improving Teacher Quality State Grants), Title II, Part B, 
Sections 2201-2203 (Math Science Partnerships), Title II, Part D (Ed-
Tech), Title III, Part A (English Language State Grants), Title IV, 
Part A (Safe and Drug Free Schools and Community Grants), Title IV, 
Part B (21st Century Community Learning Centers), and Title VI, Part A, 
Subpart I, Section 6111 (State Assessment Grants)
<bullet> New York State Education Department, Title I, Part A (Grants 
to LEAs), Title II, Part A (Improving Teacher Quality State Grants), 
Title II, Part D (Ed-Tech), Title III, Part A (English Language State 
Grants), and Title IV, Part A (Safe and Drug Free Schools and Community 
Grants)
<bullet> North Carolina Department of Public Instruction, Title II, 
Part D (Ed-Tech)
<bullet> Ohio Department of Education, Title I, Part B, Subpart 3 (Even 
Start), Title I, Part C (Migrant Education State Grants), Title I, Part 
D (State Agency Neglected and Delinquent Program), Title II, Part B, 
Sections 2201-2203 (Math Science Partnerships), Title II, Part D (Ed-
Tech), and Title IV, Part A (Safe and Drug Free Schools and Community 
Grants)
<bullet> Virgin Islands Department of Education, Title I, Part A, 
Subpart 2, Section 1121(b)-(c) (Grants to the Outlying Areas)
<bullet> West Virginia Department of Education, Title I, Part A (Grants 
to LEAs), Title I, Part B, Subpart 3 (Even Start), Title I, Part C 
(Migrant Education State Grants), Title II, Part A (Improving Teacher 
Quality State Grants), Title II, Part B, Sections 2201-2203 (Math 
Science Partnerships), Title II, Part D (Ed-Tech), Title III, Part A 
(English Language State Grants), and Title IV, Part A (Safe and Drug 
Free Schools and Community Grants)

B. Waivers Granted for ESEA State-Administered Formula Grant Programs 
That Received FY 2009 Funds Under the ARRA

    Extended until September 30, 2012, the period of availability of 
funds under certain grant programs.
    Provision waived: Section 421(b) of GEPA.
    14 Waiver applicants and affected programs:

<bullet> American Samoa Department of Education, Title I, Part A, 
Subpart 2, Section 1121(b)-(c) (Grants to the Outlying Areas)
<bullet> Arizona Department of Education, Title II, Part D (Ed-Tech)
<bullet> Bureau of Indian Education, Title I, Part A (Grants to LEAs), 
and Title II, Part D (Ed-Tech)
<bullet> Delaware Department of Education, Title I, Part A (Grants to 
LEAs), and Title II, Part D (Ed-Tech)
<bullet> Georgia Department of Education, Title I, Part A (Grants to 
LEAs), and Title II, Part D (Ed-Tech)
<bullet> Guam Department of Education, Title I, Part A, Subpart 2, 
Section 1121(b)-(c) (Grants to the Outlying Areas)
<bullet> Idaho State Department of Education, Title I, Part A (Grants 
to LEAs)
<bullet> Illinois State Board of Education, Title I, Part A (Grants to 
LEAs), and Title II, Part D (Ed-Tech)
<bullet> Massachusetts Department of Elementary and Secondary 
Education, Title I, Part A (Grants to LEAs), and Title II, Part D (Ed-
Tech)
<bullet> New York State Education Department, Title I, Part A (Grants 
to LEAs), and Title II, Part D (Ed-Tech)
<bullet> North Carolina Department of Public Instruction, Title II, 
Part D (Ed-Tech)
<bullet> Ohio Department of Education, Title I, Part A (Grants to 
LEAs), and Title II, Part D (Ed-Tech)
<bullet> Virgin Islands Department of Education, Title I, Part A, 
Subpart 2, Section 1121(b)-(c) (Grants to the Outlying Areas)
<bullet> West Virginia Department of Education, Title I, Part A (Grants 
to LEAs), and Title II, Part D (Ed-Tech)

C. Waivers for the Enhancing Education Through Technology Program

    Extended until September 30, 2013, the period of availability of FY 
2010 (non-ARRA) funds awarded under the Title II, Part D (Ed-Tech) 
grant program.
    Provision waived: Section 421(b) of GEPA.
    One Waiver applicant:


[[Page 46794]]


<bullet> Idaho State Department of Education

D. Waivers for the Migrant Education Consortium Incentive Grant Program

    Extended until September 30, 2012, the period of availability of FY 
2009 funds awarded under the Title I, Part C (Migrant Education 
Consortium Incentive Grant) grant program.
    Provision waived: Section 421(b) of GEPA.
    One Waiver applicant:

<bullet> North Carolina Department of Public Instruction

E. Waivers of Consolidated Grant Funds for Insular Areas

    Extended until September 30, 2014, the period of availability of FY 
2012 funds awarded under Title I, Part A, Subpart 2, Section 1121(b) 
and (c) (Grants to the Outlying Areas)
    Provision waived: Section 421(b) of GEPA.
    Two Waiver applicants:

<bullet> Commonwealth of the Northern Mariana Islands Public School 
System
<bullet> Virgin Islands Department of Education

F. Waivers of the School Improvement Requirements for Certain Fiscal 
Years' Funds

    Extended the period of availability of FY 2009 SIG funds awarded 
under section 1003(g) of the ESEA.
    Provision waived: Section 421(b) of GEPA.
    One Waiver applicant:

<bullet> Delaware Department of Education

    Extended the period of availability of FY 2010 SIG funds awarded 
under section 1003(g) of the ESEA.
    Provision waived: Section 421(b) of GEPA.
    24 Waiver applicants:

<bullet> Arizona Department of Education
<bullet> Arkansas Department of Education
<bullet> Colorado Department of Education
<bullet> Delaware Department of Education
<bullet> Idaho State Department of Education
<bullet> Illinois State Board of Education
<bullet> Indiana Department of Education
<bullet> Kansas State Department of Education
<bullet> Kentucky Department of Education
<bullet> Louisiana Department of Education
<bullet> Maryland State Department of Education
<bullet> Massachusetts Department of Elementary and Secondary Education
<bullet> Michigan Department of Education
<bullet> Minnesota Department of Education
<bullet> Nevada Department of Education
<bullet> New Jersey Department of Education
<bullet> New York State Education Department
<bullet> Ohio Department of Education
<bullet> Oklahoma State Department of Education
<bullet> Oregon Department of Education
<bullet> Puerto Rico Department of Education
<bullet> South Carolina Department of Education
<bullet> Tennessee Department of Education
<bullet> Wyoming Department of Education

    Extended the period of availability of FY 2011 SIG funds awarded 
under section 1003(g) of the ESEA.
    Provision waived: Section 421(b) of GEPA.
    13 Waiver applicants:

<bullet> Alabama Department of Education
<bullet> Arkansas Department of Education
<bullet> California Department of Education
<bullet> Colorado Department of Education
<bullet> Delaware Department of Education
<bullet> Illinois State Board of Education
<bullet> Indiana Department of Education
<bullet> Louisiana Department of Education
<bullet> Massachusetts Department of Elementary and Secondary Education
<bullet> Missouri Department of Elementary and Secondary Education
<bullet> Nebraska Department of Education
<bullet> Nevada Department of Education
<bullet> Rhode Island Department of Education

G. Waivers for the Striving Readers Comprehensive Literacy Formula 
Grant Program

    Extended the period of availability of FY 2010 funds awarded under 
Title I, Part E, Section 1502 of the ESEA.
    Provision waived: Section 421(b) of GEPA.
    Six Waiver applicants:

<bullet> Idaho State Department of Education
<bullet> Louisiana Department of Education
<bullet> Maine Department of Education
<bullet> Missouri Department of Elementary and Secondary Education
<bullet> Nebraska Department of Education
<bullet> Wisconsin Department of Public Instruction

III. Waivers of SIG Requirements

A. Waivers of School Eligibility Requirements and Definition of 
Persistently Lowest-Achieving Schools

    Waived the school eligibility requirements to enable a State to 
replace its list of Tier I, Tier II, and Tier III schools with its list 
of priority schools and to replace the definition of ``persistently 
lowest-achieving schools'' with the State's definition of ``priority 
schools.''
    Provisions waived: Sections I.A.1 and I.A.3 of the SIG final 
requirements (75 FR 66363).
    Three Waiver applicants:

<bullet> Minnesota Department of Education
<bullet> Oklahoma State Department of Education
<bullet> Tennessee Department of Education

B. Waivers Granting Additional Time To Meet Teacher and Principal 
Evaluation Requirements (Cohorts 1 and 2 Schools)

    Allowed SEAs to permit an LEA that was implementing during the 
2010-2011 school year a transformation model with SIG funds, which 
required development and implementation of high-quality evaluation 
systems, to have additional time to meet the teacher and principal 
evaluation requirements in schools that were not able to do so that 
year.
    Provision waived: Section I.A.2(d)(1)(i)(B) of the SIG final 
requirements (75 FR 66363).
    18 Waiver applicants:

a. Cohort 1 Schools:
<bullet> Alabama Department of Education
<bullet> California Department of Education
<bullet> Hawaii State Department of Education
<bullet> Illinois State Board of Education
<bullet> Mississippi Department of Education
<bullet> Missouri Department of Elementary and Secondary Education
<bullet> New Jersey Department of Education
<bullet> Pennsylvania Department of Education
<bullet> Puerto Rico Department of Education
<bullet> Texas Education Agency
<bullet> Vermont Agency of Education
b. Cohort 2 Schools:
<bullet> Illinois State Board of Education
<bullet> Mississippi Department of Education
<bullet> Missouri Department of Elementary and Secondary Education
<bullet> New Jersey Department of Education
<bullet> Pennsylvania Department of Education
<bullet> Puerto Rico Department of Education
<bullet> Texas Education Agency

IV. Waivers of Related to State Academic Standards and Assessments

A. Waivers Regarding Standards and Assessments

    Allowed the Kansas State Department of Education to permit 
McPherson Unified School District (MUSD), Kansas City, Kansas Public 
Schools (KCKPS), and the Clifton-Clyde Unified School District 
(Clifton-Clyde) to--
    (1) Administer the ACT in grade 12 and the EXPLORE in grade 8 in 
lieu of the Kansas State assessments; and
    (2) Use the results of those assessments for accountability 
purposes.
    Provisions waived: Section 1111(b)(1)(B), (b)(3)(A), (b)(3)(C)(i), 
and (b)(3)(C)(ii) of the ESEA, and 34 CFR 200.1(a)(1) and 200.2(b)(1) 
and (b)(3)(i).
    One Waiver applicant:

<bullet> Kansas State Department of Education

    Allowed Kansas to--
    (1) Administer only the Algebra I end-of-course (EOC) assessment to 
any middle school student who took that

[[Page 46795]]

course and to use those results in middle school accountability 
determinations rather than results from the 7th or 8th grade general 
mathematics assessment;
    (2) Administer the Geometry EOC assessment to any 8th grade student 
who took Algebra I in 7th grade and Geometry in 8th grade and to use 
the results of that assessment in middle school accountability 
determinations; and
    (3) Assess students who took Algebra I or Geometry in middle school 
with the Algebra II EOC assessment in high school and use those results 
for high school accountability purposes.
    Provisions waived: Section 1111(b)(1)(B) and (b)(3)(C)(i) of the 
ESEA, and 34 CFR 200.1(a)(1).
    One Waiver applicant:

<bullet> Tennessee Department of Education

    Allowed Tennessee to--
    (1) Use, with respect to a student who was not yet enrolled in high 
school but who took Algebra I or English II and the corresponding EOC 
assessment, the student's score on that assessment for accountability 
purposes for the grade in which the student was enrolled; and
    (2) Use EOC assessments for Algebra II and English III for high 
school accountability purposes for those students who take Algebra I or 
English II, respectively, prior to entering high school.
    Provisions waived: Section 1111(b)(1)(B) and (b)(3)(C)(i) of the 
ESEA.

B. Waivers Permitting the Use of AMOs To Make AYP Determinations Based 
on Assessments Administered the Previous Year

    Permitted SEAs to use the same AMOs to make AYP determinations 
based on assessments administered in the 2011-2012 school year that 
were used to make such determinations based on assessments administered 
in the 2010-2011 school year.
    Provision waived: Section 1111(b)(2)(H) of the ESEA.
    Eight Waiver applicants:

<bullet> Alabama Department of Education
<bullet> Alaska Department of Education and Early Development
<bullet> Idaho State Department of Education
<bullet> Illinois State Board of Education
<bullet> Iowa Department of Education
<bullet> Kansas State Department of Education
<bullet> Maine Department of Education
<bullet> West Virginia Department of Education

V. Waiver of the Five Percent Cap on Title I Funds an LEA May Reserve 
To Provide Financial Incentives and Rewards to Teachers in Schools 
Identified for Improvement, Corrective Action, or Restructuring

    Permitted the Hillsborough County Public Schools (Florida) to 
reserve up to 6.6 percent of its FY 2012 Title I allocation for rewards 
and incentives in the 43 schools identified by the LEA.
    Provision waived: Section 1113(c)(4) of the ESEA.
    One Waiver applicant:

<bullet> Hillsborough County Public Schools (Florida)

VI. Schoolwide Poverty Threshold Waivers Allowing Flexibility for 
Schoolwide Programs in Title I Schools

    Permitted Dunn School and Memorial School in Maine's Regional 
School Unit/Maine School Administrative District #15 (MSAD #15) to 
become Title I, Part A schoolwide program schools with percentages of 
low-income students of less than 40 percent.
    Provision waived: Section 1114(a)(1) of the ESEA.
    One Waiver applicant:

<bullet> MSAD #15

    Permitted Piedmont Valley Elementary (Piedmont) in South Dakota to 
be eligible to operate a schoolwide program with less than 40 percent 
of students being from low-income families.
    Provision waived: Section 1114(a)(1) of the ESEA.
    One Waiver applicant:

<bullet> Meade School District 46-1

VII. Waivers Regarding Public School Choice Notice

    Allowed SEAs to provide notice of public school choice options less 
than 14 days before the start of the school year to parents of eligible 
children attending schools that were newly identified for improvement 
for the 2011-2012 school year or made AYP in the previous year, but did 
not exit improvement status.
    Provisions waived: Section 1116(b)(1)(E)(i) of the ESEA and 34 CFR 
200.37(b)(4)(iv).
    Four Waiver applicants:

<bullet> Minnesota Department of Education
<bullet> Nebraska Department of Education
<bullet> Oklahoma State Department of Education
<bullet> Wyoming Department of Education

VIII. Waivers Allowing LEAs To Provide SES, in Addition to Public 
School Choice, to Eligible Students in Title I Schools in the First 
Year of School Improvement and To Count the Costs of Both Toward 
Meeting the LEAs' ``20 Percent Obligation''

    New Applicants:
    1. Waiver applicant: Wyoming Department of Education
    <bullet> Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
    <bullet> Description of waiver: For the 2010-2011 and 2011-2012 
school year, permitted an LEA in Wyoming to offer SES, in addition to 
public school choice, to eligible students in a Title I school in the 
first year of school improvement and to count the costs of providing 
SES to these students toward meeting the LEA's ``20 percent 
obligation.''
    Continuation Applicant:
    1. Waiver applicant: Alabama Department of Education
    <bullet> Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
    <bullet> Description of waiver: For the 2012-2013 school year, 
permitted LEAs in Alabama to offer SES, in addition to public school 
choice, to eligible students in Title I schools in the first year of 
improvement and to count the costs of providing SES to these students 
toward meeting the LEA's ``20 percent obligation.''

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

    1. Waiver applicant: California Department of Education
    <bullet> Provisions waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
    <bullet> Description of waiver: Permitted California to approve a 
school or LEA identified for improvement, corrective action, or 
restructuring to serve as a provider of SES during the 2012-2013 and 
2013-2014 school year.
    2. Waiver applicant: Montana Office of Public Instruction
    <bullet> Provisions waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
    <bullet> Description of waiver: Permitted Montana to approve a 
school or LEA identified for improvement, corrective action, or 
restructuring to serve as a provider of SES during the 2012-2013 school 
year.
    3. Waiver applicant: Nebraska Department of Education
    <bullet> Provisions waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
    <bullet> Description of waiver: Permitted Nebraska to approve a 
school or LEA

[[Page 46796]]

identified for improvement, corrective action, or restructuring to 
serve as a provider of SES during the 2011-2012 school year.
    4. Waiver applicant: Wyoming Department of Education
    <bullet> Provisions waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
    <bullet> Description of waiver: Permitted Wyoming to approve a 
school or LEA identified for improvement, corrective action, or 
restructuring to serve as a provider of SES for the 2010-2011 and 2011-
2012 school years.

X. Authorizing an SEA To Waive the Carryover Limitation for an LEA 
Because of Its Receipt of Title I, Part A ARRA Funds

    Waiver to permit an SEA to waive the carryover limitation more than 
once within three years for an LEA that needs the additional waiver 
because of its receipt of Title I, Part A ARRA funds.
    Provision waived: Section 1127(b) of the ESEA.
    Eight Waiver applicants:

<bullet> Maine Department of Education
<bullet> Michigan Department of Education
<bullet> Montana Office of Public Instruction
<bullet> Nebraska Department of Education
<bullet> Nevada Department of Education
<bullet> Ohio Department of Education
<bullet> Oklahoma State Department of Education
<bullet> South Carolina Department of Education

XI. Waiver of AYP Requirement for Annual Measurable Achievement 
Objectives (AMAOs)

    1. Waiver applicant: Colorado Department of Education
    <bullet> Provision waived: Section 3122(a)(3)(A)(iii) of the ESEA.
    <bullet> Description of waiver: Granted a two-year waiver so that 
Colorado may use, for purposes of AMAO 3, the same targets used in the 
growth component of its State-developed differentiated recognition, 
accountability, and support system in reading, writing, and 
mathematics, in place of the State's AMOs.

XII. Waivers Related to Rural Programs

A. Waivers Allowing SEAs To Provide Equitable Services for Private 
School Students and Teachers Under the RLIS

    Provision waived: Section 6222 of the ESEA.
    Two Waiver applicants:

<bullet> Commonwealth of the Northern Mariana Islands Public School 
System
<bullet> Virgin Islands Department of Education

B. Waivers Allowing SEAs To Meet the Academic Achievement Assessment 
Requirement in an Alternative Manner Under RLIS

    Provision waived: Section 6224(d) of the ESEA.
    Two Waiver applicants:

<bullet> Commonwealth of the Northern Mariana Islands Public School 
System
<bullet> Virgin Islands Department of Education
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or compact disc) on request to the program contact person 
listed under FOR FURTHER INFORMATION CONTACT.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. Free 
internet access to the official edition of the Federal Register and the 
Code of Federal Regulations is available via the Federal Digital System 
at: www.gpo.gov/fdsys. At this site you can view this document, as well 
as other documents of this Department published in the Federal 
Register, in text or Portable Document Format (PDF). To use PDF you 
must have Adobe Acrobat Reader, which is available free at the site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

    Dated: October 3, 2017.
Jason Botel,
Acting Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 2017-21623 Filed 10-5-17; 8:45 am]
 BILLING CODE 4000-01-P


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