[Federal Register Volume 61, Number 57 (Friday, March 22, 1996)]
[Notices]
[Pages 11816-11819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6879]



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DEPARTMENT OF EDUCATION

Notice of Waivers Granted by the U.S. Secretary of Education 
Under the Authority of the Elementary and Secondary Education Act and 
the Goals 2000: Educate America Act

SUMMARY: States and communities have new opportunities for flexibility 
in the use of Federal education funds in order to improve school 
effectiveness and academic achievement. The Improving America's Schools 
Act (Pub. L. 103-382), (which reauthorized the Elementary and Secondary 
Education Act (ESEA)), the Goals 2000: Educate America Act (Pub. L. 
103-227) (Goals 2000), and the School-to-Work Opportunities Act (Pub. 
L. 103-239) provide States, school districts, and other eligible waiver 
applicants with significant new opportunities to seek waivers of 
certain requirements of Federal education programs in order to improve 
teaching and learning.
    As of December 31, 1995, 85 waiver requests had been approved by 
the U.S. Department of Education and 11 waiver requests had been 
denied. This notice identifies the 71 waiver requests approved by the 
U.S. Department of Education under the above waiver authorities from 
July 1, 1995 through December 31, 1995. (The other 14 were described in 
a previous notice.) This notice also identifies the three additional 
States that have had their Education Flexibility (Ed-Flex) Partnership 
Demonstration Program applications approved and been delegated the 
Secretary's waiver authority under the Goals 2000: Educate America Act 
during this time period.
    Notably, in addition to the waivers of targeting and within 
district allocation provisions described in the earlier notice, this 
notice includes, among others, waivers that have been approved 
regarding provisions governing the statutory poverty thresholds for 
implementing schoolwide programs under Title I, the proportions of 
funds devoted to professional development in core subject areas under 
the Eisenhower Professional Developmnent Program, the formation of 
consortia under the Perkins Vocational and Applied Technology Education 
Act, and the Public Charter Schools Program. Copies of revised draft 
Waiver Guidance, which provides examples of waivers and explains the 
waiver authorities in detail, are available from the U.S. Department of 
Education at (202) 401-7801.
    Application Approvals: From July 1, 1995 through December 31, 1995, 
the Secretary approved 71 applications for waivers and three 
applications for Ed-Flex. The successful applications are listed in 
this notice, which is published as provided for in section 14401(g) of 
the ESEA and section 311(g) of Goals 2000. Each waiver application is 
reviewed and evaluated based on its individual merits in accordance 
with the statutory criteria.

(A) Waivers Approved Under the General Waiver Authority in Section 
14401 of the ESEA

(1) Name of Applicant: Monmouth Public Schools, Monmouth, IL.
    Requirements Waived: Sections 1113(b)(1)(A) and 1113(c)(2) of the 
ESEA.
    Duration of Waiver: One year.
    Date Granted: July 2, 1995.
(2) Name of Applicant: Franklin Area School District, Franklin, PA.
    Requirement Waived: Section 1113(a)(2)(B) of the ESEA.
    Duration of Waiver: Three years.
    Date Granted: July 11, 1995.
(3) Name of Applicant: Tri-Valley School District, Valley View, PA.
    Requirement Waived: Section 1113(a)(2)(B) of the ESEA.
    Duration of Waiver: Three years.
    Date Granted: July 12, 1995.
(4) Name of Applicant: Blount County Schools, Maryville, TN.
    Requirement Waived: Section 1113(c)(1) of the ESEA.
    
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    Duration of Waiver: One year.
    Date Granted: July 27, 1995.
(5) Name of Applicant: Mifflin County School District, Yeagertown, PA.
    Requirement Waived: Section 1113(a)(2)(B) of the ESEA.
    Duration of Waiver: Three Years.
    Date Granted: July 27, 1995.
(6) Name of Applicant: Edgecombe County Schools, Tarboro, NC.
    Requirement Waived: Section 1113(c)(1) of the ESEA.
    Duration of Waiver: Three years.
    Date Granted: July 30, 1995.
(7) Name of Applicant: Montebello Unified School District, Montebello, 
CA.
    Requirement Waived: Section 1113(c)(1) of the ESEA.
    Duration of Waiver: One year.
    Date Granted: July 30, 1995.
(8) Name of Applicant: Windber Area School District, Windber, PA.
    Requirement Waived: Section 1113(a)(2)(B) of the ESEA.
    Duration of Waiver: Three years.
    Date Granted: July 30, 1995.
(9) Name of Applicant: Tamaqua Area School District, Tamaqua, PA.
    Requirement Waived: Section 1113(c)(2) of the ESEA.
    Duration of Waiver: One year.
    Date Granted: August 3, 1995.
(10) Name of Applicant: Puerto Rico Department of Education, San Juan, 
PR.
    Requirement Waived: Section 1113(a)(5) of the ESEA.
    Duration of Waiver: Three years.
    Date Granted: August 4, 1995.
(11) Name of Applicant: DuBois Area School District, DuBois, PA.
    Requirement Waived: Section 1113(a)(2)(B) of the ESEA.
    Duration of Waiver: Three years.
    Date Granted: August 5, 1995.
(12) Name of Applicant: Greene County School District, Greeneville, TN.
    Requirement Waived: Section 1113(c)(1) of the ESEA.
    Duration of Waiver: Two years.
    Date Granted: August 5, 1995.
(13) Name of Applicant: Hempfield School District, Landisville, PA.
    Requirement Waived: Section 1113(a)(2)(B) of the ESEA.
    Duration of Waiver: Three years.
    Date Granted: August 5, 1995.
(14) Name of Applicant: Kentucky Department of Education.
    Requirement Waived: Section 14601(b) of the ESEA only with respect 
to date of enactment of State law.
    Duration of Waiver: Until July 1, 1996.
    Date Granted: August 5, 1995.
(15) Name of Applicant: Manitowoc Public School District, Manitowoc, 
WI.
    Requirement Waived: Section 1113(a)(2)(B) of the ESEA.
    Duration of Waiver: One year.
    Date Granted: August 5, 1995.
(16) Name of Applicant: North Schuylkill School District, Ashland, PA.
    Requirements Waived: Sections 1113(a)(2)(B) and 1113(c)(1) of the 
ESEA.
    Duration of Waiver: One year.
    Date Granted: August 5, 1995.
(17) Name of Applicant: Northwestern Lehigh School District, New 
Tripoli, PA.
    Requirement Waived: Section 1113(a)(2)(B) of the ESEA.
    Duration of Waiver: One year.
    Date Granted: August 5, 1995.
(18) Name of Applicant: Belle Vernon Area School District, Belle 
Vernon, PA.
    Requirements Waived: Sections 1113(a)(2)(B), 1113(c)(1), and 
1113(c)(2) of the ESEA.
    Duration of Waiver: Three years.
    Date Granted: August 22, 1995.
(19) Name of Applicant: Jefferson County Public Schools, Louisville, 
KY.
    Requirement Waived: Section 1113(c)(1) of the ESEA.
    Duration of Waiver: One year.
    Date Granted: August 22, 1995.
(20) Name of Applicant: Belleville Township High School District, 
Belleville, IL.
    Requirements Waived: Sections 1113(a)(2)(B) and 1113(c)(2) of the 
ESEA.
    Duration of Waiver: Three years.
    Date Granted: August 23, 1995.
(21) Name of Applicant: Gadsden County School District, Quincy, FL.
    Requirement Waived: Section 1113(a)(3) of the ESEA.
    Duration of Waiver: One year.
    Date Granted: August 23, 1995.
(22) Name of Applicant: Northwest Tri-County Intermediate Unit 5 Title 
II Consortium, Edinboro, PA.
    Requirement Waived: Section 2206(b) of the ESEA.
    Duration of Waiver: Three years.
    Date Granted: August 23, 1995.
(23) Name of Applicant: Riverview Intermediate Unit 6 Title II 
Consortium, Shippenville, PA.
    Requirement Waived: Section 2206(b) of the ESEA.
    Duration of Waiver: Three years.
    Date Granted: August 24, 1995.
(24) Name of Applicant: Trinity Area School District, Washington, PA.
    Requirement Waived: Section 1113(a)(2)(B) of the ESEA.
    Duration of Waiver: Three years.
    Date Granted: August 31, 1995.
(25) Name of Applicant: Berwick Area School District, Berwick, PA.
    Requirement Waived: Section 1113(a)(2)(B) of the ESEA.
    Duration of Waiver: One year.
    Date Granted: September 5, 1995.
(26) Name of Applicant: Campbell County Board of Education, Jacksboro, 
TN.
    Requirement Waived: Section 1113(c)(1) of the ESEA.
    Duration of Waiver: Three years.
    Date Granted: September 10, 1995.
(27) Name of Applicant: Puerto Rico Department of Education, San Juan, 
PR.
    Requirement Waived: Section 1113(a)(3) of the ESEA.
    Duration of Waiver: One year.
    Date Granted: September 11, 1995.
(28) Name of Applicant: Warwick School District, Lititz, PA.
    Requirement Waived: Section 1113(a)(2)(B) of the ESEA.
    Duration of Waiver: Three years.
    Date Granted: September 11, 1995.
(29) Name of Applicant: Clarkston School District, Clarkston, WA.
    Requirement Waived: Section 1114(a)(1)(A) of the ESEA.
    Duration of Waiver: One year.
    Date Granted: September 15, 1995.
(30) Name of Applicant: Octorara Area School District, Atglen, PA.
    Requirement Waived: Section 1113(c)(2) of the ESEA.
    Duration of Waiver: Three years.
    Date Granted: September 15, 1995.
(31) Name of Applicant: Santa Maria Joint Union High School District, 
Santa Maria, CA.
    Requirements Waived: Section 1113(a)(2)(B) and 1113(c)(2) of the 
ESEA.
    Duration of Waiver: Three years.
    Date Granted: September 15, 1995.
(32) Name of Applicant: Chula Vista Elementary School District, Chula 
Vista, CA.
    Requirement Waived: Section 1113(c)(1) of the ESEA.
    Duration of Waiver: One year.
    Date Granted: September 25, 1995.
(33) Name of Applicant: Columbia Heights Public Schools, Columbia 
Heights, MN.
    Requirement Waived: Section 1113(a)(2)(B) of the ESEA.
    Duration of Waiver: One year.
    Date Granted: September 25, 1995.
(34) Name of Applicant: Kutztown Area School District, Kutztown, PA.
    Requirement Waived: Section 1113(c)(1) of the ESEA.
    Duration of Waiver: Three years.
    Date Granted: September 25, 1995.
(35) Name of Applicant: Northern Lehigh School District, Slatington, 
PA.
    Requirement Waived: Section 1113(a)(2)(B) of the ESEA.
    
[[Page 11818]]

    Duration of Waiver: Three years.
    Date Granted: September 25, 1995.
(36) Name of Applicant: Juniata County School District, Mifflintown, 
PA.
    Requirements Waived: Sections 1113(a)(2)(B), 1113(c)(1) and 
1113(c)(2) of the ESEA.
    Duration of Waiver: Three years.
    Date Granted: September 27, 1995.
(37) Name of Applicant: Orland School District, Orland Park, IL.
    Requirements Waived: Sections 1113(a)(2)(B) and 1113(c)(1) of the 
ESEA.
    Duration of Waiver: Three years.
    Date Granted: September 27, 1995.
(38) Name of Applicant: Punxsatawney Area School District, 
Punxsatawney, PA.
    Requirement Waived: Section 1113(a)(2)(B) of the ESEA.
    Duration of Waiver: Three years.
    Date Granted: September 27, 1995.
(39) Name of Applicant: Conestoga Valley School District, Leola, PA.
    Requirements Waived: Sections 1113(a)(2)(B) and 1113(c)(2) of the 
ESEA.
    Duration of Waiver: Three years.
    Date Granted: September 28, 1995.
(40) Name of Applicant: Oil City School District, Oil City, PA.
    Requirements Waived: Sections 1113(a)(2)(B) and 1113(c)(2) of the 
ESEA.
    Duration of Waiver: One year.
    Date Granted: September 28, 1995.
(41) Name of Applicant: White Mountains Regional School District, 
Whitefield, NH.
    Requirements Waived: Sections 1113(a)(2)(B) and 1113(c)(2).
    Duration of Waiver: Three years.
    Date Granted: September 28, 1995.
(42) Name of Applicant: Wyalusing Area School District, Wyalusing, PA.
    Requirement Waived: Section 1113(a)(2)(B) of the ESEA.
    Duration of Waiver: Three years.
    Date Granted: September 28, 1995.
(43) Name of Applicant: Federal Way Public Schools, Federal Way, WA.
    Requirement Waived: Section 1114(a)(1)(A) of the ESEA.
    Duration of Waiver: One year.
    Date Granted: October 2, 1995.
(44) Name of Applicant: Scranton School District, Scranton, PA.
    Requirements Waived: Sections 1113(a)(2)(B), 1113(c)(1) and 
1113(c)(2) of the ESEA.
    Duration of Waiver: Three years.
    Date Granted: October 2, 1995.
(45) Name of Applicant: East Moline School District, East Moline, IL.
    Requirements Waived: Sections 1113(a)(2)(B) and 1113(c)(2) of the 
ESEA.
    Duration of Waiver: Three years.
    Date Granted: October 3, 1995.
(46) Name of Applicant: Cincinnati Public Schools, Cincinnati, OH.
    Requirement Waived: Section 1113(c)(1) of the ESEA.
    Duration of Waiver: Three years.
    Date Granted: October 4, 1995.
(47) Name of Applicant: Alexandria Public Schools, School District 206, 
Alexandria, Minnesota.
    Requirement Waived: Section 1113(a)(2)(B) of the ESEA.
    Duration of Waiver: One year.
    Date Granted: October 5, 1995.
(48) Name of Applicant: Lehighton Area School District, Lehighton, PA.
    Requirement Waived: Section 1113(a)(2)(B).
    Duration of Waiver: Three years.
    Date Granted: October 11, 1995.
(49) Name of Applicant: Modesto City Schools, Modesto, CA.
    Requirement Waived: Section 1113(c)(1) of the ESEA.
    Duration of Waiver: One year.
    Date Granted: October 12, 1995.
(50) Name of Applicant: Coatesville Area School District, Coatesville, 
PA.
    Requirement Waived: Section 1113(a)(2)(B) of the ESEA.
    Duration of Waiver: Three years.
    Date Granted: October 25, 1995.
(51) Name of Applicant: Goldendale Public Schools, Goldendale, WA.
    Requirement Waived: Section 1114(a)(1)(A) of the ESEA.
    Duration of Waiver: One year.
    Date Granted: October 25, 1995.
(52) Name of Applicant: Jersey Shore Area School District, Jersey 
Shore, PA.
    Requirements Waived: Sections 1113(a)(2)(B) and 1113(c)(1) of the 
ESEA.
    Duration of Waiver: One year.
    Date Granted: October 25, 1995.
(53) Name of Applicant: Meriwether County School System, Greenville, 
GA.
    Requirement Waived: Section 1113(c)(1) of the ESEA.
    Duration of Waiver: Three years.
    Date Granted: October 25, 1995.
(54) Name of Applicant: Jefferson County Public Schools, Golden, CO.
    Requirements Waived: Sections 1113(c)(1) and 1113(c)(2) of the 
ESEA.
    Duration of Waiver: Three years.
    Date Granted: October 27, 1995.
(55) Name of Applicant: Laurel Highlands School District, Uniontown, 
PA.
    Requirements Waived: Sections 1113(a)(2)(B) and 1113(c)(2) of the 
ESEA.
    Duration of Waiver: Three years.
    Date Granted: October 27, 1995.
(56) Name of Applicant: Northampton Area School District, Northampton, 
PA.
    Requirements Waived: Sections 1113(a)(2)(B) and 1113(c)(1) of the 
ESEA.
    Duration of Waiver: Three years.
    Date Granted: October 27, 1995.
(57) Name of Applicant: Worth Schools, Worth, IL.
    Requirement Waived: Section 1113(a)(2)(B) of the ESEA.
    Duration of Waiver: One year.
    Date Granted: October 27, 1995.
(58) Name of Applicant: Kiski Area School District, Vandergrift, PA.
    Requirement Waived: Section 1113(a)(2)(B) of the ESEA.
    Duration of Waiver: Three years.
    Date Granted: November 22, 1995.
(59) Name of Applicant: Burbank School District 111, Burbank, IL.
    Requirements Waived: Sections 1113(a)(2)(B) and 1113(c)(2) of the 
ESEA.
    Duration of Waiver: Three years.
    Date Granted: December 1, 1995.
(60) Name of Applicant: Highlands School District, Natrona Heights, PA.
    Requirement Waived: Section 1113(a)(2)(B) of the ESEA.
    Duration of Waiver: Three years.
    Date Granted: December 1, 1995.
(61) Name of Applicant: Lake-Lehman School District, Lehman, PA.
    Requirement Waived: Section 1113(a)(2)(B) of the ESEA.
    Duration of Waiver: Three years.
    Date Granted: December 1, 1995.
(62) Name of Applicant: Maine School Administrative District #57, 
Waterboro, ME.
    Requirements Waived: Sections 1113(a)(2)(B), 1113(c)(1), and 
1113(c)(2) of the ESEA.
    Duration of Waiver: One year.
    Date Granted: December 1, 1995.
(63) Name of Applicant: Nebraska Department of Education on behalf of 
the Nebraska Coordinating Commission for Postsecondary Education, 
Lincoln, NE.
    Requirement Waived: Section 2206(b) of the ESEA.
    Duration of Waiver: Three years.
    Date Granted: December 1, 1995.
(64) Name of Applicant: Palmdale School District, Palmdale, CA.
    Requirements Waived: Sections 1113(b)(1)(A) and 1113(c)(2) of the 
ESEA.
    Duration of Waiver: Two years.
    Date Granted: December 1, 1995.
(65) Name of Applicant: Placerville Union School District, Placerville, 
CA.
    Requirements Waived: Sections 1113(a)(2)(B) and 1113(c)(2) of the

[[Page 11819]]
ESEA.
    Duration of Waiver: One year.
    Date Granted: December 1, 1995.

(B) Waivers Approved Under the Special Waiver Authority in Section 
1113(a)(7) of the ESEA

(1) Name of Applicant: Omaha School District, Omaha, NE.
    Requirements Waived: Sections 1113(a)(2)(B) and 1113(c)(2) of the 
ESEA.
    Duration of Waiver: ESEA reauthorization period.
    Date Granted: September 12, 1995.
(2) Name of Applicant: Woodland Hills School District, Pittsburgh, PA.
    Requirements Waived: Sections 1113(a)(2)(B) and 1113(c)(1) of the 
ESEA.
    Duration of Waiver: Three years.
    Date Granted: September 28, 1995.
(3) Name of Applicant: Lynchburg City Schools, Lynchburg, Va.
    Requirements Waived: Sections 1113(a)(2)(B) and 1113(c)(2) of the 
ESEA.
    Duration of Waiver: One year (in part) and three years (in part).
    Date Granted: October 2, 1995.
(4) Name of Applicant: New Kensington-Arnold School District, Arnold, 
PA.
    Requirement Waived: Section 1113(a)(2)(B) of the ESEA.
    Duration of Waiver: Three years.
    Date Granted: October 17, 1995.

(C) Waiver Approved Under the Public Charter Schools Waiver Authority 
in Section 10304(e) of the ESEA

(1) Name of Applicant: Massachusetts Department of Education.
    Requirement Waived: Section 10302(a) of Title X, Part C of the 
ESEA.
    Duration of Waiver: Three years.
    Date Granted: July 31, 1995.

(D) Waivers Approved Under the Waiver Authority in Section 311 of the 
Goals 2000: Educate America Act

(1) Name of Applicant: Oregon Department of Education.
    Requirements Waived: Carl D. Perkins Vocational and Applied 
Technology Education Act at 34 CFR Sections 403.190 and 403.116(c)(1).
    Duration of Waiver: Four years.
    Date Granted: August 3, 1995.

(E) States Designated Ed-Flex States Under the Education Flexibility 
Partnership Demonstration Program in section 311(e) of the Goals 2000: 
Educate America Act

(1) Name of Applicant: Massachusetts.
    Duration of Ed-Flex Authority: Five years.
    Date Granted: August 19, 1995.
(2) Name of Applicant: Kansas.
    Duration of Ed-Flex Authority: Five years.
    Date Granted: August 20, 1995.
(3) Name of Applicant: Ohio.
    Duration of Ed-Flex Authority: Five years.
    Date Granted: September 27, 1995.

(F) Correction to Previous Federal Register Notice

    In the description of the Lancaster School District, PA waiver, 60 
FR 44391 (August 25, 1995) described two of the district's elementary 
schools as otherwise ineligible for Title I funds. These two schools 
have poverty levels below the district average, but are eligible to 
receive Title I funds irrespective of the waiver.

FOR FURTHER INFORMATION CONTACT: Collette Roney at the Department's 
Waiver Assistance Line, (202) 401-7801. Copies of Waiver Guidance are 
also available at this number.
    Individuals who use a telecommunications device for the deaf (TDD) 
may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 
between 8 a.m. and 8 p.m., Eastern time, Monday through Friday.

    Dated: February 16, 1996.
Marshall S. Smith,
Under Secretary.
[FR Doc. 96-6879 Filed 3-21-96; 8:45 am]
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