[Federal Register Volume 74, Number 93 (Friday, May 15, 2009)]
[Notices]
[Pages 22909-22913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11413]


-----------------------------------------------------------------------

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 2008 
under the waiver authority in section 9401 of the Elementary and 
Secondary Education Act of 1965 (ESEA), as amended.
    In 2008, the Department granted a total of 51 waivers under the 
ESEA section 9401 waiver authority. The waivers granted were as 
follows: (1) Four waivers related to Hurricanes Katrina, Rita, and Ike; 
(2) two new waivers allowing implementation of the ``growth model 
pilot,'' and nine extensions of existing waivers to continue 
implementation of a ``growth model pilot''; (3) six new waivers 
allowing implementation of the ``differentiated accountability model 
pilot''; (4) one new waiver and four continuations of existing waivers 
allowing local educational agencies (LEAs) in need of improvement to be

[[Page 22910]]

eligible to apply to their State educational agency (SEA) to become 
supplemental educational services (SES) providers; (5) four new waivers 
and three 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; (6) one Title I schoolwide eligibility waiver; 
(7) one Title I, Part A within-district allocation waiver; (8) one 
waiver of the ESEA transferability rules; (9) one ``local-flex'' 
waiver; (10) four waivers to the Consolidated Grants restrictions; and 
(11) ten waivers allowing recipients of funds under the Indian 
Education program to charge additional administrative costs to the 
program.
    Waiver Data:

Waivers Related to Hurricanes Katrina, Rita, and Ike

    1. Waiver Applicant: Louisiana Department of Education.
     Provision waived: Tydings Amendment, section 421(b) of the 
General Education Provisions Act (GEPA).
     Date waiver granted: May 6, 2008.
     Description of waiver: Extended until September 30, 2009 
the period of availability for fiscal year 2006 funds for all programs 
authorized under the ESEA.
    2. Waiver Applicant: Mississippi Department of Education.
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: October 7, 2008.
     Description of waiver: Extended until September 30, 2009 
the period of availability for fiscal year 2006 Title II, Part A funds.
    3. Waiver Applicant: Mississippi Department of Education.
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: October 7, 2008.
     Description of waiver: Extended until September 30, 2009 
the period of availability for fiscal year 2006 Title I, Part B, 
Subpart 1 funds.
    4. Waiver Applicant: Texas Education Agency.
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: October 9, 2008.
     Description of waiver: Extended until September 30, 2009 
the period of availability for fiscal year 2006 Title I, Part B, 
Subpart 1 funds.

II. ``Growth Model Pilots''

    New Applicants:
    1. Waiver Applicant: Michigan Department of Education.
     Provision waived: Section 1111(b)(2) of the ESEA.
     Date waiver granted: June 10, 2008.
     Description of waiver: Provided Michigan the flexibility 
to implement a growth-based accountability model as part of determining 
adequate yearly progress (AYP) beginning in the 2007-2008 school year.
    2. Waiver Applicant: Missouri Department of Education.
     Provision waived: Section 1111(b)(2) of the ESEA.
     Date waiver granted: June 10, 2008.
     Description of waiver: Provided Missouri the flexibility 
to implement a growth-based accountability model as part of determining 
AYP beginning in the 2007-2008 school year, conditioned upon Missouri's 
adopting a uniform minimum group size for all subgroups, including 
students with disabilities and limited English proficient students.
    Continuation Applicants:
    1. Waiver Applicant: Alaska Department of Education.
     Provision waived: Section 1111(b)(2) of the ESEA.
     Date waiver granted: July 25, 2008.
     Description of waiver: Extended Alaska the flexibility to 
continue to use a growth-based accountability model as part of 
determining AYP in 2008-2009 based on assessments administered in the 
2007-2008 school year.
    2. Waiver Applicant: Arizona Department of Education.
     Provision waived: Section 1111(b)(2) of the ESEA.
     Date waiver granted: July 25, 2008.
     Description of waiver: Extended Arizona the flexibility to 
continue to use a growth-based accountability model as part of 
determining AYP in 2008-2009 based on assessments administered in the 
2007-2008 school year.
    3. Waiver Applicant: Arkansas Department of Education.
     Provision waived: Section 1111(b)(2) of the ESEA.
     Date waiver granted: July 25, 2008.
     Description of waiver: Extended Arkansas the flexibility 
to continue to use a growth-based accountability model as part of 
determining AYP in 2008-2009 based on assessments administered in the 
2007-2008 school year.
    4. Waiver Applicant: Delaware Department of Education.
     Provision waived: Section 1111(b)(2) of the ESEA.
     Date waiver granted: July 25, 2008.
     Description of waiver: Extended Delaware the flexibility 
to continue to use a growth-based accountability model as part of 
determining AYP in 2008-2009 based on assessments administered in the 
2007-2008 school year.
    5. Waiver Applicant: Florida Department of Education.
     Provision waived: Section 1111(b)(2) of the ESEA.
     Date waiver granted: July 25, 2008.
     Description of waiver: Extended Florida the flexibility to 
continue to use a growth-based accountability model as part of 
determining AYP in 2008-2009 based on assessments administered in the 
2007-2008 school year.
    6. Waiver Applicant: Iowa Department of Education.
     Provision waived: Section 1111(b)(2) of the ESEA.
     Date waiver granted: July 25, 2008.
     Description of waiver: Extended Iowa the flexibility to 
continue to use a growth-based accountability model as part of 
determining AYP in 2008-2009 based on assessments administered in the 
2007-2008 school year.
    7. Waiver Applicant: North Carolina Department of Education.
     Provision waived: Section 1111(b)(2) of the ESEA.
     Date waiver granted: July 25, 2008.
     Description of waiver: Extended North Carolina the 
flexibility to continue to use a growth-based accountability model as 
part of determining AYP in 2008-2009 based on assessments administered 
in the 2007-2008 school year.
    8. Waiver Applicant: Ohio Department of Education.
     Provision waived: Section 1111(b)(2) of the ESEA.
     Date waiver granted: July 25, 2008.
     Description of waiver: Extended Ohio the flexibility to 
continue to use a growth-based accountability model as part of 
determining AYP in 2008-2009 based on assessments administered in the 
2007-2008 school year.
    9. Waiver Applicant: Tennessee Department of Education.
     Provision waived: Section 1111(b)(2) of the ESEA.
     Date waiver granted: July 25, 2008.
     Description of waiver: Extended Tennessee the flexibility 
to continue to use a growth-based accountability model as part of 
determining AYP in 2008-2009 based on assessments administered in the 
2007-2008 school year.

III. ``Differentiated Accountability Model Pilots''

    1. Waiver Applicant: Florida Department of Education
     Provision waived: Section 1116 of the ESEA.
     Date waiver granted: July 1, 2008.
     Description of waiver: Provided Florida the flexibility to 
include its

[[Page 22911]]

differentiated accountability model as a part of its system of school 
improvement interventions based on assessment results from the 2007-
2008 school year.
    2. Waiver Applicant: Georgia Department of Education.
     Provision waived: Section 1116 of the ESEA.
     Date waiver granted: July 1, 2008.
     Description of waiver: Provided Georgia the flexibility to 
include its differentiated accountability model as a part of its system 
of school improvement interventions based on assessment results from 
the 2007-2008 school year.
    3. Waiver Applicant: Illinois Department of Education.
     Provision waived: Section 1116 of the ESEA.
     Date waiver granted: July 1, 2008.
     Description of waiver: Provided Illinois the flexibility 
to include its differentiated accountability model as a part of its 
system of school improvement interventions based on assessment results 
from the 2007-2008 school year.
    4. Waiver Applicant: Indiana Department of Education.
     Provision waived: Section 1116 of the ESEA.
     Date waiver granted: July 1, 2008.
     Description of waiver: Provided Indiana the flexibility to 
include its differentiated accountability model as a part of its system 
of school improvement interventions based on assessment results from 
the 2007-2008 school year.
    5. Waiver Applicant: Maryland Department of Education.
     Provision waived: Section 1116 of the ESEA.
     Date waiver granted: July 1, 2008.
     Description of waiver: Provided Maryland the flexibility 
to include its differentiated accountability model as a part of its 
system of school improvement interventions based on assessment results 
from the 2007-2008 school year.
    6. Waiver Applicant: Ohio Department of Education.
     Provision waived: Section 1116 of the ESEA.
     Date waiver granted: July 1, 2008.
     Description of waiver: Provided Ohio the flexibility to 
include its differentiated accountability model as a part of its system 
of school improvement interventions based on assessment results from 
the 2007-2008 school year.

IV. Allowing LEAs in Need of Improvement To Be Eligible To Apply to 
Their SEA To Become Supplemental Educational Services (SES) Providers

    New Applicant:
    1. Waiver Applicant: Charlotte-Mecklenburg Schools, NC.
     Provision waived: 34 CFR 200.47(b)(1)(iv)(B).
     Date waiver granted: August 4, 2008.
     Description of waiver: Permitted Charlotte-Mecklenburg 
Schools to be eligible to apply to its SEA to become a provider of SES 
to eligible students during the 2008-2009 school year even though the 
LEA was identified for improvement.
    Continuation Applicants:
    1. Waiver Applicant: Anchorage School District, AK.
     Provision waived: 34 CFR 200.47(b)(1)(iv)(B).
     Date waiver granted: August 4, 2008.
     Description of waiver: Permitted the Anchorage School 
District to continue to be eligible to apply to its SEA to become a 
provider of SES to eligible students during the 2008-2009 school year 
even though the LEA was identified for improvement.
    2. Waiver Applicant: Boston Public Schools, MA.
     Provision waived: 34 CFR 200.47(b)(1)(iv)(B).
     Date waiver granted: August 4, 2008.
     Description of waiver: Permitted Boston Public Schools to 
continue to be eligible to apply to its SEA to become a provider of SES 
to eligible students during the 2008-2009 school year even though the 
LEA was identified for improvement.
    3. Waiver Applicant: Chicago Public Schools, IL.
     Provision waived: 34 CFR 200.47(b)(1)(iv)(B).
     Date waiver granted: August 4, 2008.
     Description of waiver: Permitted Chicago Public Schools to 
continue to be eligible to apply to its SEA to become a provider of SES 
to eligible students during the 2008-2009 school year even though the 
LEA was identified for improvement.
    4. Waiver Applicant: Hillsborough County Public Schools, FL.
     Provision waived: 34 CFR 200.47(b)(1)(iv)(B).
     Date waiver granted: August 4, 2008.
     Description of waiver: Permitted Hillsborough County 
Public Schools to continue to be eligible to apply to its SEA to become 
a provider of SES to eligible students during the 2008-2009 school year 
even though the LEA was identified for improvement.

V. Allowing LEAs to Provide SES to Eligible Students in Title I Schools 
in the First Year of School Improvement

    New Applicants:
    1. Waiver Applicant: Alabama Department of Education.
    Provisions waived: Sections 1116(b)(1)(E) and 1116(b)(5)(B) of the 
ESEA.
     Date waiver granted: August 1, 2008.
     Description of waiver: For the 2008-2009 school year, 
permitted all LEAs in Alabama to offer SES, rather than, or in addition 
to, public school choice, to eligible students in Title I schools in 
the first year of school improvement.
    2. Waiver Applicant: Arkansas Department of Education.
     Provisions waived: Sections 1116(b)(1)(E) and 
1116(b)(5)(B) of the ESEA.
     Date waiver granted: August 1, 2008.
     Description of waiver: For the 2008-2009 school year, 
permitted all LEAs in Arkansas to offer SES, rather than public school 
choice, to eligible students in Title I schools in the first year of 
school improvement.
    3. Waiver Applicant: Tennessee Department of Education.
     Provisions waived: Sections 1116(b)(1)(E) and 
1116(b)(5)(B) of the ESEA.
     Date waiver granted: August 1, 2008.
     Description of waiver: For the 2008-2009 school year, 
permitted all LEAs in Tennessee to offer SES, in addition to public 
school choice, to eligible students in Title I schools in the first 
year of school improvement.
    4. Waiver Applicant: Utah Department of Public Instruction.
     Provisions waived: Sections 1116(b)(1)(E) and 
1116(b)(5)(B) of the ESEA.
     Date waiver granted: August 1, 2008.
     Description of waiver: For the 2008-2009 school year, 
permitted all LEAs in Utah to offer SES, rather than public school 
choice, to eligible students in Title I schools in the first year of 
school improvement.
    Continuation Applicants:
    1. Waiver Applicant: Alaska Department of Education and Early 
Development.
     Provisions waived: Sections 1116(b)(1)(E) and 
1116(b)(5)(B) of the ESEA.
     Date waiver granted: August 1, 2008.

[[Page 22912]]

     Description of waiver: For the 2008-2009 school year, 
permitted five LEAs--Anchorage School District, Fairbanks North Star 
Borough, Juneau Borough, Kenai Peninsula Borough, and Matanuska-Susitna 
Borough--to offer SES, rather than public school choice, to eligible 
students in Title I schools in the first year of school improvement.
    2. Waiver Applicant: North Carolina Department of Public 
Instruction.
     Provisions waived: Sections 1116(b)(1)(E) and 
1116(b)(5)(B) of the ESEA.
     Date waiver granted: August 1, 2008.
     Description of waiver: For the 2008-2009 school year, 
continue to allow all LEAs in North Carolina to offer SES, rather than 
public school choice, to eligible students in Title I schools in the 
first year of school improvement.
    3. Waiver Applicant: Virginia Department of Education.
     Provisions waived: Sections 1116(b)(1)(E) and 
1116(b)(5)(B) of the ESEA.
     Date waiver granted: August 1, 2008.
     Description of waiver: For the 2008-2009 school year, 
permitted 14 LEAs--Albemarle County, Alexandria City, Fairfax County, 
Fauquier County, Fluvanna County, Hampton City, Harrisonburg City, 
Henrico County, Loudoun County, Manassas City, Martinsville City, 
Richmond City, Spotsylvania County, and Williamsburg-James City 
County--to offer SES, rather than public school choice, to eligible 
students in Title I schools in the first year of school improvement.

VI. Schoolwide Eligibility Waiver

    1. Waiver Applicant: Berkeley County Schools, WV.
     Provision waived: Section 1114(a) of the ESEA.
     Date waiver granted: June 25, 2008.
     Description of waiver: Permits an elementary school to 
implement a Title I schoolwide program even though fewer than 40 
percent of its students are from low-income families.

VII. Title I Within-District Allocation Waiver

    1. Waiver Applicant: Henry County School District, GA.
     Provisions waived: Sections 1113(a) and (b) of the ESEA.
     Date waiver granted: April 10, 2008.
     Description of waiver: Allows the LEA to skip a newly 
opening school in order to serve an existing Title I school with a 
slightly lower poverty rate for one additional year.

VIII. Transferability Waiver

    1. Waiver Applicant: New York State Department of Education.
     Provision waived: Section 6123(a) of the ESEA.
     Date waiver granted: August 14, 2008.
     Description of waiver: Permits the State to transfer 
certain Title II, Part A funds for State-level activities to its Title 
I, Part A administrative reserve.

IX. Local-Flexibility Demonstration Program

    1. Waiver Applicant: Seattle Public Schools, WA.
     Provision waived: Section 6154(a)(1) of the ESEA.
     Date waiver granted: September 29, 2008.
     Description of waiver: Waives the requirement that 
precludes the LEA from continuing to implement its local-flex agreement 
because it failed to make AYP for two consecutive years.

X. Consolidated Grant Restrictions

    1. Waiver Applicant: American Samoa Department of Education, ASDE.
     Provision waived: 34 CFR 76.136 and 76.137.
     Date waiver granted: September 26, 2008.
     Description of waiver: Provided ASDE the flexibility to 
use funds under its Fiscal Year 2008 consolidated grant for programs 
under Title V, Part A of the ESEA.
    2. Waiver Applicant: Guam Public School Systems, GPSS.
     Provision waived: 34 CFR 76.136 and 76.137.
     Date waiver granted: September 26, 2008.
     Description of waiver: Provided GPSS the flexibility to 
use funds under its Fiscal Year 2008 consolidated grant for programs 
under Title V, Part A of the ESEA.
    3. Waiver Applicant: Commonwealth of the Northern Mariana Islands 
Public School System, CNMI.
     Provision waived: 34 CFR 76.136 and 76.137.
     Date waiver granted: September 26, 2008.
     Description of waiver: Provided CNMI the flexibility to 
use funds under its Fiscal Year 2008 consolidated grant for programs 
under Title V, Part A of the ESEA.
    4. Waiver Applicant: Virgin Islands Department of Education, VIDE.
     Provision waived: 34 CFR 76.136 and 76.137.
     Date waiver granted: November 13, 2008.
     Description of waiver: Provided VIDE the flexibility to 
use funds under its Fiscal Year 2008 consolidated grant for programs 
under Title V, Part A of the ESEA.

XI. Waivers of the Administrative Cost Limitation That Applies to 
Indian Education Funds

    On May 29, 2008, 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:
     Kenai Peninsula Borough Schools, AK.
     San Carlos Unified School District, AZ.
     Whiteriver Unified School District, AZ.
     Ventura Unified School District, CA.
     Little Axe Public Schools, OK.
     Muskogee Public Schools, OK.
     Oolagah-Talala Public Schools, OK.
     Sulphur Public Schools, OK.
     Tulsa Public Schools, OK.
     Spokane Public Schools (School District 81), WA.

FOR FURTHER INFORMATION CONTACT: Luz Curet, U.S. Department of 
Education, 400 Maryland Avenue, SW., Room 3W344, Washington, DC 20202. 
Telephone: (202) 205-3728 or by e-mail: [email protected].
    If you use a telecommunications device for the deaf (TDD), call the 
Federal Relay Service (FRS), toll free, at 1-800-877-8339. Individuals 
with disabilities can obtain this document in an accessible format 
(e.g., braille, large print, audiotape, or computer diskette) on 
request to the program contact person listed in this section.
    Electronic Access to This Document: You may view this document, as 
well as all other documents of this Department published in the Federal 
Register, in text or Adobe Portable Document Format (PDF) on the 
Internet at the following site: http://www.ed.gov/news/fedregister.
    To use PDF you must have Adobe Acrobat Reader, which is available 
free at this site. If you have questions about using PDF, call the U.S. 
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in 
the Washington, DC area at (202) 512-1530.
    Delegation of Authority: The Secretary of Education has delegated 
authority to Joseph C. Conaty, Director, Academic Improvement and 
Teacher Quality Programs for the Office of Elementary and Secondary 
Education, to perform the functions of the Assistant Secretary for 
Elementary and Secondary Education.


[[Page 22913]]


    Dated: May 12, 2009.
Joseph C. Conaty,
Director, Academic Improvement and Teacher Quality Programs.
[FR Doc. E9-11413 Filed 5-14-09; 8:45 am]
BILLING CODE 4000-01-P