[Federal Register Volume 75, Number 179 (Thursday, September 16, 2010)]
[Notices]
[Pages 56834-56856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22986]
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Part IV
Department of Education
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Notice of Waivers Granted Under Section 9401 of the Elementary and
Secondary Education Act of 1965, as Amended; Notice
Federal Register / Vol. 75, No. 179 / Thursday, September 16, 2010 /
Notices
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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
SUMMARY: In this notice, we announce the waivers that the U.S.
Department of Education (Department) granted during calendar year 2009
under the waiver authority in section 9401 of the Elementary and
Secondary Education Act of 1965, as amended (ESEA). We also announce
waivers that the Department granted under the waiver authority in
section 9401 for Title I, Part A programs for funding provided through
the American Recovery and Reinvestment Act of 2009 (ARRA).
SUPPLEMENTARY INFORMATION: In 2009, the Department granted a total of
351 waivers under the waiver authority in section 9401 of the ESEA. The
waivers granted were as follows: (1) Two waivers extending the period
in which funds are available for obligation for various programs due to
Hurricanes Katrina and Rita, twenty-seven waivers extending the period
in which funds are available for obligation for the Reading First
program, and three waivers extending the period in which funds are
available for obligation for School Improvement activities; (2) four
waivers allowing implementation of the ``growth model pilot;'' (3)
three waivers allowing implementation of the ``differentiated
accountability model pilot;'' (4) one waiver allowing a substitute
assessment; (5) four waivers allowing delayed release of assessment
results; (6) two waivers of the adequate yearly progress (AYP)
determinations; (7) two Title I, Part A within-district allocation
waivers; (8) one waiver of the Title I carryover limitation; (9)
nineteen waivers to local educational agencies (LEAs) identified for
improvement to exclude their Title I, Part A allocation when
calculating their obligation to spend 10 percent of their Title I funds
for professional development; (10) one waiver of the ESEA
transferability rules; (11) four waivers allowing recipients of funds
under the Indian Education program to charge additional administrative
costs to the program; (12) twenty-three waivers of the requirement to
provide 14-day notice of public school choice; (13) twenty-eight
waivers allowing State educational agencies (SEAs) to approve schools
or LEAs in need of improvement to become supplemental educational
services (SES) providers; (14) twenty-five new waivers and six
continuations of existing waivers allowing LEAs to provide SES to
eligible students attending schools that receive funding under Title I,
Part A of the ESEA (Title I schools) and are in the first year of
school improvement and to count the costs of both toward meeting the
LEA's ``20 percent obligation''; and (15) one hundred and ninety-six
waivers allowing LEAs and/or schools to exclude their Title I, Part A
allocation received under ARRA when calculating their obligation to
spend their funds for public school choice and professional development
and when calculating the per-pupil amount for SES, and to waive the
carryover limitation more than once every three years.
Waiver Data:
I. Extensions of the Obligation Period
A. Waivers Related to Hurricanes Katrina and Rita
1. Waiver Applicant: Louisiana Department of Education
Provision waived: Tydings Amendment, section 421(b) of the
General Education Provisions Act (GEPA).
Date waiver granted: October 19, 2009.
Description of waiver: Extended until December 31, 2009
the period of availability for fiscal year 2007 funds for various
programs authorized under the ESEA, specifically Title I, Part A,
Improving Basic Programs Operated by Local Educational Agencies; Title
I, Part A, School Improvement under Section 1003(a); Title I, Part A,
School Improvement Grants under Section 1003(g); Title I, Part B,
Subpart 1, Reading First; Title I, Part D, Neglected and Delinquent
State Agency and Local Educational Agency Program; Title II Part A,
Improving Teacher Quality State Grants; Title II Part B, Sections 2201-
2203, Mathematics and Science Partnerships; Title II, Part D, Enhancing
Education Through Technology State Grants; Title III, English Language
Acquisition State Grants; and Title IV, Safe and Drug-Free Schools and
Communities.
2. Waiver Applicant: Louisiana Department of Education
Provision waived: Tydings Amendment, section 421(b) of the
General Education Provisions Act (GEPA).
Date waiver granted: October 19, 2009.
Description of waiver: Extended until September 30, 2010
the period of availability for fiscal year 2007 funds for the 21st
Century Community Learning Centers grant authorized under the ESEA.
B. Waivers for the Reading First Program
1. Waiver Applicant: Alabama Department of Education
Provision waived: Tydings Amendment, section 421(b) of
GEPA.
Date waiver granted: June 22, 2009.
Description of waiver: Extended until September 30, 2010
the period of availability for fiscal year 2007 Reading First funds.
2. Waiver Applicant: Alaska Department of Education
Provision waived: Tydings Amendment, section 421(b) of
GEPA.
Date waiver granted: August 12, 2009.
Description of waiver: Extended until September 30, 2010
the period of availability for fiscal year 2007 Reading First funds.
3. Waiver Applicant: Arizona Department of Education
Provision waived: Tydings Amendment, section 421(b) of
GEPA.
Date waiver granted: July 30, 2009.
Description of waiver: Extended until September 30, 2010
the period of availability for fiscal year 2007 Reading First funds.
4. Waiver Applicant: Arkansas Department of Education
Provision waived: Tydings Amendment, section 421(b) of
GEPA.
Date waiver granted: June 17, 2009.
Description of waiver: Extended until September 30, 2010
the period of availability for fiscal year 2007 Reading First funds.
5. Waiver Applicant: Colorado Department of Education
Provision waived: Tydings Amendment, section 421(b) of
GEPA.
Date waiver granted: July 30, 2009.
Description of waiver: Extended until September 30, 2010
the period of availability for fiscal year 2007 Reading First funds.
6. Waiver Applicant: Georgia Department of Education
Provision waived: Tydings Amendment, section 421(b) of
GEPA.
Date waiver granted: June 10, 2009.
Description of waiver: Extended until September 30, 2010
the period of availability for fiscal year 2007 Reading First funds.
7. Waiver Applicant: Illinois State Board of Education
Provision waived: Tydings Amendment, section 421(b) of
GEPA.
Date waiver granted: June 17, 2009.
[[Page 56835]]
Description of waiver: Extended until September 30, 2010
the period of availability for fiscal year 2007 Reading First funds.
8. Waiver Applicant: Indiana Department of Education
Provision waived: Tydings Amendment, section 421(b) of
GEPA.
Date waiver granted: September 1, 2009.
Description of waiver: Extended until September 30, 2010
the period of availability for fiscal year 2007 Reading First funds.
9. Waiver Applicant: Kentucky Department of Education
Provision waived: Tydings Amendment, section 421(b) of
GEPA.
Date waiver granted: July 27, 2009.
Description of waiver: Extended until September 30, 2010
the period of availability for fiscal year 2007 Reading First funds.
10. Waiver Applicant: Maine Department of Education
Provision waived: Tydings Amendment, section 421(b) of
GEPA.
Date waiver granted: June 30, 2009.
Description of waiver: Extended until September 30, 2010
the period of availability for fiscal year 2007 Reading First funds.
11. Waiver Applicant: Massachusetts Department of Education
Provision waived: Tydings Amendment, section 421(b) of
GEPA.
Date waiver granted: May 27, 2009.
Description of waiver: Extended until September 30, 2010
the period of availability for fiscal year 2007 Reading First funds.
12. Waiver Applicant: Mississippi Department of Education
Provision waived: Tydings Amendment, section 421(b) of
GEPA.
Date waiver granted: June 26, 2009.
Description of waiver: Extended until September 30, 2010
the period of availability for fiscal year 2007 Reading First funds.
13. Waiver Applicant: New Jersey Department of Education
Provision waived: Tydings Amendment, section 421(b) of
GEPA.
Date waiver granted: June 30, 2009.
Description of waiver: Extended until September 30, 2010
the period of availability for fiscal year 2007 Reading First funds.
14. Waiver Applicant: New Mexico Department of Education
Provision waived: Tydings Amendment, section 421(b) of
GEPA.
Date waiver granted: August 12, 2009.
Description of waiver: Extended until September 30, 2010
the period of availability for fiscal year 2007 Reading First funds.
15. Waiver Applicant: North Carolina Department of Public Instruction
Provision waived: Tydings Amendment, section 421(b) of
GEPA.
Date waiver granted: August 13, 2009.
Description of waiver: Extended until September 30, 2010
the period of availability for fiscal year 2007 Reading First funds.
16. Waiver Applicant: North Dakota Department of Public Instruction
Provision waived: Tydings Amendment, section 421(b) of
GEPA.
Date waiver granted: July 30, 2009.
Description of waiver: Extended until September 30, 2010
the period of availability for fiscal year 2007 Reading First funds.
17. Waiver Applicant: Ohio Department of Education
Provision waived: Tydings Amendment, section 421(b) of
GEPA.
Date waiver granted: October 2, 2009.
Description of waiver: Extended until September 30, 2010
the period of availability for fiscal year 2007 Reading First funds.
18. Waiver Applicant: Oregon Department of Education
Provision waived: Tydings Amendment, section 421(b) of
GEPA.
Date waiver granted: August 12, 2009.
Description of waiver: Extended until September 30, 2010
the period of availability for fiscal year 2007 Reading First funds.
19. Waiver Applicant: Pennsylvania Department of Education
Provision waived: Tydings Amendment, section 421(b) of
GEPA.
Date waiver granted: August 12, 2009.
Description of waiver: Extended until September 30, 2010
the period of availability for fiscal year 2007 Reading First funds.
20. Waiver Applicant: Rhode Island Department of Education
Provision waived: Tydings Amendment, section 421(b) of
GEPA.
Date waiver granted: August 12, 2009.
Description of waiver: Extended until September 30, 2010
the period of availability for fiscal year 2007 Reading First funds.
21. Waiver Applicant: South Carolina Department of Education
Provision waived: Tydings Amendment, section 421(b) of
GEPA.
Date waiver granted: September 23, 2009.
Description of waiver: Extended until September 30, 2010
the period of availability for fiscal year 2007 Reading First funds.
22. Waiver Applicant: South Dakota Department of Education
Provision waived: Tydings Amendment, section 421(b) of
GEPA.
Date waiver granted: July 31, 2009.
Description of waiver: Extended until September 30, 2010
the period of availability for fiscal year 2007 Reading First funds.
23. Waiver Applicant: Texas Education Agency
Provision waived: Tydings Amendment, section 421(b) of
GEPA.
Date waiver granted: August 13, 2009.
Description of waiver: Extended until September 30, 2010
the period of availability for fiscal year 2007 Reading First funds.
24. Waiver Applicant: Vermont Department of Education
Provision waived: Tydings Amendment, section 421(b) of
GEPA.
Date waiver granted: June 10, 2009.
Description of waiver: Extended until September 30, 2010
the period of availability for fiscal year 2007 Reading First funds.
25. Waiver Applicant: Washington Department of Education
Provision waived: Tydings Amendment, section 421(b) of
GEPA.
Date waiver granted: August 12, 2009.
Description of waiver: Extended until September 30, 2010
the period of availability for fiscal year 2007 Reading First funds.
26. Waiver Applicant: West Virginia Department of Education
Provision waived: Tydings Amendment, section 421(b) of
GEPA.
Date waiver granted: June 22, 2009.
Description of waiver: Extended until September 30, 2010
the period of availability for fiscal year 2007 Reading First funds.
27. Waiver Applicant: Wyoming Department of Education
Provision waived: Tydings Amendment, section 421(b) of
GEPA.
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Date waiver granted: July 31, 2009.
Description of waiver: Extended until September 30, 2010
the period of availability for fiscal year 2007 Reading First funds.
C. Waivers for the School Improvement Program
1. Waiver Applicant: California Department of Education
Provision waived: Tydings Amendment, section 421(b) of
GEPA.
Date waiver granted: May 4, 2009.
Description of waiver: Extended until March 31, 2010 the
period of availability for fiscal year 2006 Title I, Part A funds
reserved for school improvement activities under section 1003(a) of the
ESEA.
2. Waiver Applicant: California Department of Education
Provision waived: Tydings Amendment, section 421(b) of
GEPA.
Date waiver granted: October 30, 2009.
Description of waiver: Extended until September 30, 2010
the period of availability for fiscal year 2007 Title I, Part A funds
reserved for school improvement activities under section 1003(g) of the
ESEA.
3. Waiver Applicant: New York Department of Education
Provision waived: Tydings Amendment, section 421(b) of
GEPA.
Date waiver granted: September 30, 2009.
Description of waiver: Extended until March 31, 2010 the
period of availability for fiscal year 2007 Title I, Part A funds
reserved for school improvement activities under section 1003(g) of the
ESEA.
II. ``Growth Model Pilots''
1. Waiver Applicant: Colorado Department of Education
Provision waived: Section 1111(b)(2) of the ESEA.
Date waiver granted: January 8, 2009.
Description of waiver: Provided Colorado the flexibility
to implement a growth-based accountability model as part of determining
adequate yearly progress (AYP) for the 2009-2010 school year, based on
assessments administered in the 2008-2009 school year.
2. Waiver Applicant: Minnesota Department of Education
Provision waived: Section 1111(b)(2) of the ESEA.
Date waiver granted: January 8, 2009.
Description of waiver: Provided Minnesota the flexibility
to implement a growth-based accountability model as part of determining
AYP beginning in the 2009-2010 school year through the 2012-2013 school
year based on assessments administered in the 2008-2009 school year
through the 2011-2012 school year.
3. Waiver Applicant: Pennsylvania Department of Education
Provision waived: Section 1111(b)(2) of the ESEA.
Date waiver granted: January 8, 2009.
Description of waiver: Provided Pennsylvania the
flexibility to implement a growth-based accountability model as part of
determining AYP beginning in the 2009-2010 school year through the
2012-2013 school year based on assessments administered in the 2008-
2009 school year through the 2011-2012 school year.
4. Waiver Applicant: Texas Education Agency
Provision waived: Section 1111(b)(2) of the ESEA.
Date waiver granted: January 8, 2009.
Description of waiver: Provided Texas the flexibility to
implement a growth-based accountability model as part of determining
AYP beginning in the 2009-2010 school year through the 2012-2013 school
year based on assessments administered in the 2008-2009 school year
through the 2011-2012 school year.
III. ``Differentiated Accountability Model Pilots''
1. Waiver Applicant: Arkansas Department of Education
Provision waived: Section 1116 of the ESEA.
Date waiver granted: January 8, 2009.
Description of waiver: Provided Arkansas the flexibility
to include its differentiated accountability model as a part of its
system of school improvement interventions beginning in the 2009-2010
school year through the 2012-2013 school year.
2. Waiver Applicant: Louisiana Department of Education
Provision waived: Section 1116 of the ESEA.
Date waiver granted: January 8, 2009.
Description of waiver: Provided Louisiana the flexibility
to include its differentiated accountability model as a part of its
system of school improvement interventions beginning in the 2009-2010
school year through the 2012-2013 school year.
3. Waiver Applicant: New York Department of Education
Provision waived: Section 1116 of the ESEA.
Date waiver granted: January 8, 2009.
Description of waiver: Provided New York the flexibility
to include its differentiated accountability model as a part of its
system of school improvement interventions beginning in the 2009-2010
school year through the 2012-2013 school year.
IV. Substitute Assessments
1. Waiver Applicant: Maryland Department of Education
Provisions waived: Section 1111(b)(3)(C)(i) of the ESEA
and 34 CFR 200.3(a)(1)(i).
Date waiver granted: January 15, 2009.
Description of waiver: Permits Maryland to use Advanced
Placement or the International Baccalaureate Biology assessments, from
the 2008-2009 school year through the 2011-2012 school year, in place
of the high school science end-of-course assessment even though the
same assessment will not be used by all students and some students may
take an assessment that does not cover the full breadth and depth of
the State's academic content standards.
V. Delayed Release of Assessment Results and/or Public School Choice
Notice
1. Waiver Applicant: California Department of Education
Provision waived: Sections 1116(a)(2) and 1116(b)(1)(E)(i)
of the ESEA.
Date waiver granted: November 6, 2009.
Description of waiver: Allows California to postpone the
release of results of the State academic assessment administered in the
2008-2009 school year because new assessments had been implemented in
that year, and to postpone notice of public school choice for the start
of the 2009-2010 school year until assessment results are available.
2. Waiver Applicant: Kentucky Department of Education
Provision waived: Section 1116(b)(1)(E)(i) of the ESEA.
Date waiver granted: September 4, 2009.
Description of waiver: Allows Kentucky to postpone notice
of public
[[Page 56837]]
school choice for the 2009-2010 school year until assessment results
are available. Due to severe weather Kentucky experienced during the
2008-2009 school year, Kentucky delayed administering its statewide
assessments.
3. Waiver Applicant: Puerto Rico Department of Education
Provision waived: Section 1116(b)(1)(E)(i) of the ESEA.
Date waiver granted: December 11, 2009.
Description of waiver: Allows Puerto Rico to postpone the
release of results of the State academic assessment administered in the
2008-2009 school year because new assessments had been implemented in
that year, and to postpone notice of public school choice for the start
of the 2009-2010 school year until assessment results are available.
4. Waiver Applicant: South Carolina Department of Education
Provisions waived: Sections 1116(a)(2) and
1116(b)(1)(E)(i) of the ESEA.
Date waiver granted: September 9, 2009.
Description of waiver: Allows South Carolina to postpone
the release of results of the State academic assessment administered in
the 2008-2009 school year because new assessments had been implemented
in that year, and to postpone notice of public school choice for the
start of the 2009-2010 school year until assessment results are
available.
VI. AYP Determinations
1. Waiver Applicant: Kentucky Department of Education
Provisions waived: Sections 1111(b)(3)(A),
1111(b)(3)(C)(vii), and 1116(a)(1)(A) of the ESEA.
Date waiver granted: September 4, 2009.
Description of waiver: Allows Belfry Middle School to
exclude assessments administered in the 2008-2009 school year when
making AYP determinations because flooding that occurred during testing
on May 8, 2009, damaged test materials.
2. Waiver Applicant: West Virginia Department of Education
Provisions waived: Sections 1111(b)(3)(A),
1111(b)(3)(C)(vii), and 1116(a)(1)(A) of the ESEA.
Date waiver granted: May 22, 2009.
Description of waiver: Allows some schools in Mingo County
to exclude assessments administered in the 2008-2009 school year when
making AYP determinations because flooding occurred during the testing
period, which made schools inoperable and unable to administer the
State assessments.
VII. Title I Within-District Allocation Waiver
1. Waiver Applicant: McHenry Community High School District 156, IL
Provisions waived: Sections 1113(a)(2) and 1113(c)(2)(A)
of the ESEA.
Date waiver granted: October 15, 2009.
Description of waiver: Enables the District to allocate
Title I funds to its second high school, which is just below the
district-wide poverty rate and, therefore, not eligible for Title I
funds, and would further enable the District to allocate an amount per
poor child to both its high schools that is less than 125 percent of
the per-pupil amount for the District as a whole.
2. Waiver Applicant: Milwaukee Public Schools, WI
Provisions waived: Sections 1113(a)(2) and 1113(c)(2)(A)
of the ESEA.
Date waiver granted: November 6, 2009.
Description of waiver: Enables Milwaukee Public Schools to
allocate Title I funds to five schools that are below the district-wide
poverty rate of 35 percent and, therefore, not eligible for Title I
funds, and would further enable Milwaukee to allocate an amount per
poor child to all its Title I schools that is less than 125 percent of
the per-pupil amount for Milwaukee as a whole.
VIII. Allowing an LEA To Carry Over Title I Funds From One Fiscal Year
to the Next
1. Waiver Applicant: Michigan Department of Education
Provision waived: Section 1127(b) of the ESEA.
Date waiver granted: June 17, 2009.
Description of waiver: Allows Michigan to grant a
carryover exemption more frequently than once every three years to
Detroit Public Schools, specifically for FY 2007 Title I funds
allocated to the LEA for school year 2007-2008 and for FY 2008 Title I
funds allocated to the LEA for school year 2008-2009.
IX. Allowing LEAs Identified for Improvement To Exclude Their Title I
Allocation When Calculating an LEA's Obligation To Spend 10 Percent of
the Funds for Professional Development
1. On July 6, 2009, the Department granted the following LEAs in
Massachusetts waivers of sections 1116(b)(3)(A)(iii) and
1116(c)(7)(A)(iii) of the ESEA. These sections preclude the 19
districts from using funds other than Title I, Part A funds for the
2008-2009 school year to meet the 10 percent professional development
spending requirement. These waivers exempt an LEA identified for
improvement, or an LEA for a school identified for improvement in the
LEA from reserving 10 percent of its Title I allocation for
professional development.
For schools identified for improvement:
Adams Cheshire (for Plunkett Elementary School)
Amherst-Pelham Regional (for Crocker Farm Elementary School in
Amherst)
Atlantis Charter School (single-school district)
Attleborough (for Studley Elementary School)
Greater New Bedford Voc-Tech (single-school district)
Hawlemont (for Hawlemont Regional High School)
Lowell (for Moody Elementary and McAuliffe Elementary Schools)
Marblehead (for the Village School)
Mohawk Trail Regional (for Buckland-Shelburne Elementary
School)
Monson (for Quarry Hill Community School)
Norton (for Henry Yelle Elementary School)
Orange (for Butterfield Elementary and Dexter Park
Intermediate Schools)
Randolph (for Lyons Elementary School)
Triton Regional (for Salisbury Elementary School)
Tyngsborough (for Tyngsborough Elementary School)
Waltham (for Whittemore Elementary and Plympton Elementary
Schools)
For LEAs identified for improvement:
Agawam
Ashburhan-Westminster Regional
Plymouth
X. Transferability Waiver
1. Waiver Applicant: New York State Department of Education
Provision waived: Section 6123(a) of the ESEA.
Date waiver granted: November 23, 2009.
Description of waiver: Permits the State to transfer
certain Title IV, Part B funds for State-level activities to its Title
I, Part A Administrative Reserve funds.
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XI. Waivers of the Administrative Cost Limitation That Applies to
Indian Education Funds
On June 17, 2009, the Department granted the following LEAs waivers
of section 7115(d) of the ESEA, which establishes a five percent
administrative cost limitation on funds awarded under the Indian
Education formula grant program:
Whiteriver Unified School District, AZ
Ventura Unified School District, CA
Muskogee Public Schools, OK
Tulsa Public Schools, OK
XII. Notification of Public School Choice
1. Waiver Applicant: Alabama Department of Education
Provision waived: 34 CFR 200.37(b)(4)(iv).
Date waiver granted: August 14, 2009.
Description of waiver: Permitted Alabama's LEAs 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 are newly identified for improvement for the 2009-2010
school year or that made AYP in the previous year but did not exit
improvement status.
2. Waiver Applicant: Arizona Department of Education
Provision waived: 34 CFR 200.37(b)(4)(iv).
Date waiver granted: August 24, 2009.
Description of waiver: Permitted Arizona's LEAs 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 are newly identified for improvement for the 2009-2010
school year or that made AYP in the previous year but did not exit
improvement status.
3. Waiver Applicant: California Department of Education
Provision waived: 34 CFR 200.37(b)(4)(iv).
Date waiver granted: November 6, 2009.
Description of waiver: Permitted California's LEAs 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 are newly identified for improvement for the 2009-2010
school year or that made AYP in the previous year but did not exit
improvement status.
4. Waiver Applicant: Colorado Department of Education
Provision waived: 34 CFR 200.37(b)(4)(iv).
Date waiver granted: August 11, 2009.
Description of waiver: Permitted Colorado's LEAs 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 are newly identified for improvement for the 2009-2010
school year or that made AYP in the previous year but did not exit
improvement status.
5. Waiver Applicant: Idaho Department of Education
Provision waived: 34 CFR 200.37(b)(4)(iv).
Date waiver granted: October 15, 2009.
Description of waiver: Permitted Idaho's LEAs 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 are newly identified for improvement for the 2009-2010 school year
or that made AYP in the previous year but did not exit improvement
status.
6. Waiver Applicant: Illinois State Board of Education
Provision waived: 34 CFR 200.37(b)(4)(iv).
Date waiver granted: September 16, 2009.
Description of waiver: Permitted Illinois' LEAs 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 are newly identified for improvement for the 2009-2010
school year or that made AYP in the previous year but did not exit
improvement status.
7. Waiver Applicant: Kentucky Department of Education
Provision waived: 34 CFR 200.37(b)(4)(iv).
Date waiver granted: September 4, 2009.
Description of waiver: Permitted Kentucky's LEAs 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 are newly identified for improvement for the 2009-2010
school year or that made AYP in the previous year but did not exit
improvement status.
8. Waiver Applicant: Louisiana Department of Education
Provision waived: 34 CFR 200.37(b)(4)(iv).
Date waiver granted: August 27, 2009.
Description of waiver: Permitted Louisiana's LEAs 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 are newly identified for improvement for the 2009-2010
school year or that made AYP in the previous year but did not exit
improvement status.
9. Waiver Applicant: Maine Department of Education
Provision waived: 34 CFR 200.37(b)(4)(iv).
Date waiver granted: September 23, 2009.
Description of waiver: Permitted Maine's LEAs 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 are newly identified for improvement for the 2009-2010 school year
or that made AYP in the previous year but did not exit improvement
status.
10. Waiver Applicant: Massachusetts Department of Education
Provision waived: 34 CFR 200.37(b)(4)(iv).
Date waiver granted: August 24, 2009.
Description of waiver: Permitted Massachusetts' LEAs 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 are newly identified for improvement for the 2009-2010
school year or that made AYP in the previous year but did not exit
improvement status.
11. Waiver Applicant: Missouri Department of Education
Provision waived: 34 CFR 200.37(b)(4)(iv).
Date waiver granted: August 7, 2009.
Description of waiver: Permitted Missouri's LEAs 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 are newly identified for improvement for the 2009-2010
school year or that made AYP in the previous year but did not exit
improvement status.
[[Page 56839]]
12. Waiver Applicant: New Jersey Department of Education
Provision waived: 34 CFR 200.37(b)(4)(iv).
Date waiver granted: October 2, 2009.
Description of waiver: Permitted New Jersey's LEAs 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 are newly identified for improvement for the 2009-2010
school year or that made AYP in the previous year but did not exit
improvement status.
13. Waiver Applicant: New Mexico Department of Education
Provision waived: 34 CFR 200.37(b)(4)(iv).
Date waiver granted: August 31, 2009.
Description of waiver: Permitted New Mexico's LEAs 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 are newly identified for improvement for the 2009-2010
school year or that made AYP in the previous year but did not exit
improvement status.
14. Waiver Applicant: Oklahoma Department of Education
Provision waived: 34 CFR 200.37(b)(4)(iv).
Date waiver granted: October 15, 2009.
Description of waiver: Permitted Oklahoma's LEAs 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 are newly identified for improvement for the 2009-2010
school year or that made AYP in the previous year but did not exit
improvement status.
15. Waiver Applicant: Pennsylvania Department of Education
Provision waived: 34 CFR 200.37(b)(4)(iv).
Date waiver granted: August 27, 2009.
Description of waiver: Permitted Pennsylvania's LEAs 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 are newly identified for improvement for the 2009-2010
school year or that made AYP in the previous year but did not exit
improvement status.
16. Waiver Applicant: Puerto Rico Department of Education
Provision waived: 34 CFR 200.37(b)(4)(iv).
Date waiver granted: December 11, 2009.
Description of waiver: Permitted Puerto Rico to postpone
notice of public school choice options for some schools beyond 14 days
before the start of the school year to parents of eligible children
attending schools that are newly identified for improvement for the
2009-2010 school year or that made AYP in the previous year but did not
exit improvement status.
17. Waiver Applicant: South Carolina Department of Education
Provision waived: 34 CFR 200.37(b)(4)(iv).
Date waiver granted: September 9, 2009.
Description of waiver: Permitted South Carolina's LEAs 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 are newly identified for improvement for the 2009-2010
school year or that made AYP in the previous year but did not exit
improvement status.
18. Waiver Applicant: Tennessee Department of Education
Provision waived: 34 CFR 200.37(b)(4)(iv).
Date waiver granted: August 27, 2009.
Description of waiver: Permitted Tennessee's LEAs 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 are newly identified for improvement for the 2009-2010
school year or that made AYP in the previous year but did not exit
improvement status.
19. Waiver Applicant: Utah State Office of Education
Provision waived: 34 CFR 200.37(b)(4)(iv).
Date waiver granted: October 15, 2009.
Description of waiver: Permitted Utah's LEAs 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 are newly identified for improvement for the 2009-2010 school year
or that made AYP in the previous year but did not exit improvement
status.
20. Waiver Applicant: Virginia Department of Education
Provision waived: 34 CFR 200.37(b)(4)(iv).
Date waiver granted: September 4, 2009.
Description of waiver: Permitted Virginia's LEAs 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 are newly identified for improvement for the 2009-2010
school year or that made AYP in the previous year but did not exit
improvement status.
21. Waiver Applicant: Washington Department of Education
Provision waived: 34 CFR 200.37(b)(4)(iv).
Date waiver granted: August 13, 2009.
Description of waiver: Permitted Washington's LEAs 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 are newly identified for improvement for the 2009-2010
school year or that made AYP in the previous year but did not exit
improvement status.
22. Waiver Applicant: West Virginia Department of Education
Provision waived: 34 CFR 200.37(b)(4)(iv).
Date waiver granted: September 23, 2009.
Description of waiver: Permitted West Virginia's LEAs 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 are newly identified for improvement for the 2009-2010
school year or that made AYP in the previous year but did not exit
improvement status.
23. Waiver Applicant: Wyoming Department of Education
Provision waived: 34 CFR 200.37(b)(4)(iv).
Date waiver granted: September 16, 2009.
Description of waiver: Permitted Wyoming's LEAs 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 are newly identified for improvement for the 2009-2010
school year or that made AYP in the previous year but did not exit
improvement status.
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XIII. Allowing SEAs To Approve Schools or LEAs in Need of Improvement
To Become SES Providers
1. Waiver Applicant: Alaska Department of Education
Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
Date waiver granted: August 13, 2009.
Description of waiver: Permitted Alaska to approve a
school or LEA identified for improvement, corrective action, or
restructuring to serve as a provider of SES during the 2009-2010 school
year.
2. Waiver Applicant: Arizona Department of Education
Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
Date waiver granted: September 16, 2009.
Description of waiver: Permitted Arizona to approve a
school or LEA identified for improvement, corrective action, or
restructuring to serve as a provider of SES during the 2009-2010 school
year.
3. Waiver Applicant: California Department of Education
Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
Date waiver granted: October 23, 2009.
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 2009-2010 school
year.
4. Waiver Applicant: Colorado Department of Education
Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
Date waiver granted: August 11, 2009.