[Federal Register Volume 78, Number 229 (Wednesday, November 27, 2013)]
[Notices]
[Pages 71410-71429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28504]



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Vol. 78

Wednesday,

No. 229

November 27, 2013

Part IV





Department of Education





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Notice of Waivers Granted under the Elementary and Secondary Education 
Act of 1965, as Amended; Notice

  Federal Register / Vol. 78 , No. 229 / Wednesday, November 27, 2013 / 
Notices  

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DEPARTMENT OF EDUCATION


Notice of Waivers Granted Under 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 2010 
under the waiver authority in section 9401 of the Elementary and 
Secondary Education Act of 1965, as amended (ESEA).

SUPPLEMENTARY INFORMATION: 
    In 2010, the Department granted a total of 238 waivers under the 
waiver authority in section 9401 of the ESEA. We granted:
    (a) eleven waivers extending the period in which funds were 
available for obligation for the Reading First program, and seventy-two 
waivers extending the period in which Title I, Part A funds reserved 
under ESEA section 1003(a) (one waiver) or awarded under ESEA section 
1003(g) (seventy-one waivers) were available for obligation for school 
improvement activities;
    (b) thirty-one waivers of the regulatory definition of 
``persistently lowest-achieving schools'' either allowing the State 
educational agency (SEA) to expand the pool of secondary schools from 
which it selects its persistently lowest-achieving schools or allowing 
it to apply a ``minimum n'' size below which the SEA would not identify 
a school as persistently lowest-achieving;
    (c) two waivers allowing the SEA, with respect to a local 
educational agency (LEA) that receives School Improvement Grant (SIG) 
program funds for ``Partnership Zone'' schools, as defined by the 
State, to implement certain State regulatory provisions;
    (d) nine waivers of the requirement that an SEA carry over 25 
percent of SIG funds if not all of its Tier 1 schools are served with 
those funds;
    (e) one waiver allowing high school students to take any one of a 
number of subject-specific mathematics assessments rather than the 
State's statewide mathematics assessment;
    (f) twelve waivers allowing delayed release of assessment results 
or waiving the requirement to provide parents notice of public school 
choice options at least 14 days before the start of the school year 
(14-day notice);
    (g) three waivers of certain requirements related to how adequate 
yearly progress (AYP) determinations are made;
    (h) two Title I, Part A within-district allocation waivers;
    (i) one waiver allowing an SEA to use Title I funds reserved for 
academic achievement rewards for eligible Title I schools to reward 
qualified Title I-eligible, but non-participating, schools;
    (j) three waivers of various statutory and regulatory requirements 
due to the impact of the H1N1 flu virus;
    (k) one waiver of the Title III requirement to make annual 
measurable achievement objective (AMAO) determinations;
    (l) one waiver to allow the continued use of the ``two percent 
transition flexibility'' for calculating AYP for the students with 
disabilities subgroup;
    (m) one waiver of the paraprofessional qualifications requirement 
in Title I schools;
    (n) two waivers of the Consolidated Grant restrictions;
    (o) twenty-nine waivers allowing SEAs or LEAs to approve schools or 
LEAs identified as in need of improvement as supplemental educational 
services (SES) providers;
    (p) four new waivers and seventeen continuations of existing 
waivers allowing LEAs both to provide SES to eligible students 
attending schools in the first year of school improvement that receive 
funding under Title I, Part A of the ESEA (Title I schools) and to 
count the costs of doing so toward meeting the LEA's ``20 percent 
obligation''; and
    (q) thirty-six waivers allowing LEAs or schools to exclude their 
Title I, Part A allocation received under the American Recovery and 
Reinvestment Act of 2009 (ARRA) when calculating their 20 percent 
obligation for public school choice and SES, their professional 
development set-asides, and 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 for the Reading First Program

1. Waiver Applicant: Arizona Department of Education
     Provision waived: Tydings Amendment, section 421(b) of the 
General Education Provisions Act (GEPA).
     Date waiver granted: May 26, 2010.
     Description of waiver: Extended until September 30, 2011, 
the period of availability of fiscal year (FY) 2008 Reading First 
funds.
2. Waiver Applicant: California Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: June 24, 2010.
     Description of waiver: Extended until March 31, 2010, the 
period of availability of FY 2007 Reading First funds.
3. Waiver Applicant: California Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: October 27, 2010.
     Description of waiver: Extended until September 30, 2011, 
the period of availability of FY 2008 Reading First funds.
4. Waiver Applicant: Idaho Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: June 14, 2010.
     Description of waiver: Extended until September 30, 2010, 
the period of availability of FY 2007 Reading First funds.
5. Waiver Applicant: Indiana Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: September 20, 2010.
     Description of waiver: Extended until September 30, 2011, 
the period of availability of FY 2008 Reading First funds.
6. Waiver Applicant: Louisiana Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: September 30, 2010.
     Description of waiver: Extended until September 30, 2011, 
the period of availability of FY 2007 Reading First funds.
7. Waiver Applicant: Louisiana Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: September 16, 2010.
     Description of waiver: Extended until September 30, 2011, 
the period of availability of FY 2008 Reading First funds.
8. Waiver Applicant: Maine Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: May 26, 2010.
     Description of waiver: Extended until September 30, 2011, 
the period of availability of FY 2008 Reading First funds.

[[Page 71411]]

9. Waiver Applicant: Maryland Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: March 26, 2010.
     Description of waiver: Extended until September 30, 2010, 
the period of availability of FY 2007 Reading First funds.
10. Waiver Applicant: Ohio Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: June 30, 2010.
     Description of waiver: Extended until September 30, 2011, 
the period of availability of FY 2008 Reading First funds.
11. Waiver Applicant: Texas Education Agency
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: September 16, 2010.
     Description of waiver: Extended until September 30, 2011, 
the period of availability of FY 2008 Reading First funds.

B. Waivers for School Improvement Requirements

1. Waiver Applicant: Alabama Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: September 30, 2010.
     Description of waiver: Extended until September 30, 2011, 
the period of availability of fiscal year (FY) 2008 SIG funds awarded 
under section 1003(g) of the ESEA, with the condition that Alabama 
submit to the Department any comments it received regarding this waiver 
request within five days of the closing of the comment period.

    Note:  This condition was satisfied and officially removed on 
January 26, 2011.

2. Waiver Applicant: Alabama Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: April 21, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
3. Waiver Applicant: Alabama Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: August 18, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 Title I, Part A funds reserved 
for school improvement activities under section 1003(a) of the ESEA.
4. Waiver Applicant: Alaska Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: October 27, 2010.
     Description of waiver: Extended until September 30, 2012, 
the period of availability of FY 2008 SIG funds awarded under section 
1003(g) of the ESEA.
5. Waiver Applicant: Alaska Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: April 15, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
6. Waiver Applicant: Arizona Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: April 9, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
7. Waiver Applicant: Arkansas Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: October 27, 2010.
     Description of waiver: Extended until September 30, 2011, 
the period of availability of FY 2008 SIG funds awarded under section 
1003(g) of the ESEA.
8. Waiver Applicant: Arkansas Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: September 13, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
9. Waiver Applicant: Department of the Interior/Bureau of Indian 
Education (BIE)
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: August 3, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
10. Waiver Applicant: California Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: June 25, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
11. Waiver Applicant: Colorado Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: September 30, 2010.
     Description of waiver: Extended until September 30, 2011, 
the period of availability of FY 2008 SIG funds awarded under section 
1003(g) of the ESEA, with the condition that Colorado submit to the 
Department any comments it received regarding this waiver request 
within five days of the closing of the comment period.

    Note:  This condition was satisfied and officially removed on 
January 19, 2011.

12. Waiver Applicant: Colorado Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: April 15, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
13. Waiver Applicant: Connecticut Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: April 15, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
14. Waiver Applicant: DC Office of the State Superintendent of 
Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: October 27, 2010.
     Description of waiver: Extended until September 30, 2012, 
the period of availability of FY 2008 SIG funds

[[Page 71412]]

awarded under section 1003(g) of the ESEA.
15. Waiver applicant: DC Office of the State Superintendent of 
Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: April 2, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
16. Waiver Applicant: Delaware Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: June 25, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
17. Waiver Applicant: Florida Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: July 6, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
18. Waiver Applicant: Georgia Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: April 7, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
19. Waiver Applicant: Hawaii Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: September 25, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
20. Waiver Applicant: Idaho Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: August 18, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
21. Waiver Applicant: Illinois Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: September 30, 2010.
     Description of waiver: Extended until September 30, 2011, 
the period of availability of FY 2008 SIG funds awarded under section 
1003(g) of the ESEA, with the condition that Illinois submit to the 
Department any comments it received regarding this waiver request 
within five days of the closing of the comment period.

    Note:  This condition was satisfied and officially removed on 
January 26, 2011.

22. Waiver Applicant: Illinois Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: August 11, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
23. Waiver Applicant: Indiana Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: March 29, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
24. Waiver Applicant: Iowa Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: April 7, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
25. Waiver Applicant: Kansas Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: June 16, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
26. Waiver Applicant: Kentucky Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: April 21, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
27. Waiver Applicant: Louisiana Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: July 6, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
28. Waiver Applicant: Maine Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: July 16, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
29. Waiver Applicant: Maryland Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: September 30, 2010.
     Description of waiver: Extended until September 30, 2012, 
the period of availability of FY 2008 SIG funds awarded under section 
1003(g) of the ESEA, with the condition that Maryland submit to the 
Department any comments it received regarding this waiver request 
within five days of the closing of the comment period.

    Note:  This condition was satisfied and officially removed on 
January 26, 2011.

30. Waiver Applicant: Maryland Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: March 29, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
31. Waiver Applicant: Massachusetts Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: September 30, 2010.
     Description of waiver: Extended until December 31, 2010, 
the period of availability of FY 2008 SIG funds awarded under section 
1003(g) of the

[[Page 71413]]

ESEA, with the condition that Massachusetts submit to the Department 
any comments it received regarding this waiver request within five days 
of the closing of the comment period.

    Note:  This condition was satisfied and officially removed on 
January 18, 2011.

32. Waiver Applicant: Massachusetts Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: July 16, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
33. Waiver Applicant: Michigan Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: October 27, 2010.
     Description of waiver: Extended until September 30, 2012, 
the period of availability of FY 2008 SIG funds awarded under section 
1003(g) of the ESEA.
34. Waiver Applicant: Michigan Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: July 8, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
35. Waiver Applicant: Minnesota Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: September 30, 2010.
     Description of waiver: Extended until September 30, 2011, 
the period of availability of FY 2008 SIG funds awarded for the SIG 
program under section 1003(g) of the ESEA, with the condition that 
Minnesota submit to the Department any comments it received regarding 
this waiver request within five days of the closing of the comment 
period.

    Note: This condition was satisfied and officially removed on 
January 26, 2011.

36. Waiver Applicant: Minnesota Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: March 10, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
37. Waiver Applicant: Mississippi Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: August 18, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
38. Waiver Applicant: Missouri Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: April 15, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
39. Waiver Applicant: Montana Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: July 22, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
40. Waiver Applicant: Nebraska Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: July 16, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
41. Waiver Applicant: Nevada Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: April 15, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
42. Waiver Applicant: New Hampshire Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: August 2, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
43. Waiver Applicant: New Jersey Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: September 30, 2010.
     Description of waiver: Extended until September 30, 2012, 
the period of availability of FY 2008 SIG funds awarded for the SIG 
program under section 1003(g) of the ESEA, with the condition that New 
Jersey submit to the Department any comments it received regarding this 
waiver request within five days of the closing of the comment period.

    Note:  This condition was satisfied and officially removed on 
January 26, 2011.

44. Waiver Applicant: New Jersey Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: March 29, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
45. Waiver Applicant: New Mexico Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: April 9, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
46. Waiver Applicant: New York State Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: May 10, 2010.
     Description of waiver: Extended until March 31, 2011, the 
period of availability of FY 2008 SIG funds awarded under section 
1003(g) of the ESEA.
47. Waiver Applicant: New York State Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: May 3, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.

[[Page 71414]]

48. Waiver Applicant: North Carolina Department of Public Instruction
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: September 30, 2010.
     Description of waiver: Extended until September 30, 2012, 
the period of availability of FY 2008 SIG funds awarded for the SIG 
program under section 1003(g) of the ESEA, with the condition that 
North Carolina submit to the Department any comments it received 
regarding this waiver request within five days of the closing of the 
comment period.

    Note:  This condition was satisfied and officially removed on 
January 26, 2011.

49. Waiver Applicant: North Carolina Department of Public Instruction
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: April 9, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
50. Waiver Applicant: North Dakota Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: July 6, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
51. Waiver Applicant: Ohio Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: September 30, 2010.
     Description of waiver: Extended until September 30, 2012, 
the period of availability of FY 2008 SIG funds awarded for the SIG 
program under section 1003(g) of the ESEA, with the condition that Ohio 
submit to the Department any comments it received regarding this waiver 
request within five days of the closing of the comment period.

    Note:  This condition was satisfied and officially removed on 
January 26, 2011.

52. Waiver Applicant: Ohio Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: March 29, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
53. Waiver Applicant: Oklahoma Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: November 4, 2010.
     Description of waiver: Extended until September 30, 2012, 
the period of availability of FY 2008 SIG funds awarded under section 
1003(g) of the ESEA.
54. Waiver Applicant: Oklahoma Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: April 21, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
55. Waiver Applicant: Oregon Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: November 4, 2010.
     Description of waiver: Extended until September 30, 2011, 
the period of availability of FY 2008 SIG funds awarded under section 
1003(g) of the ESEA.
56. Waiver Applicant: Oregon Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: July 8, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
57. Waiver Applicant: Pennsylvania Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: June 10, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
58. Waiver Applicant: Puerto Rico Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: September 30, 2010.
     Description of waiver: Extended until September 30, 2011, 
the period of availability of FY 2008 SIG funds awarded under section 
1003(g) of the ESEA, with the condition that Puerto Rico submit to the 
Department any comments it received regarding this waiver request 
within five days of the closing of the comment period.

    Note:  This condition was satisfied and officially removed on 
January 26, 2011.

59. Waiver Applicant: Puerto Rico Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: September 29, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
60. Waiver Applicant: Rhode Island Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: July 6, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
61. Waiver Applicant: South Carolina Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: April 15, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
62. Waiver Applicant: South Dakota Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: April 15, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
63. Waiver Applicant: Tennessee Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: September 22, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.

[[Page 71415]]

64. Waiver Applicant: Texas Education Agency
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: October 27, 2010.
     Description of waiver: Extended until September 30, 2012, 
the period of availability of FY 2008 SIG funds awarded under section 
1003(g) of the ESEA.
65. Waiver Applicant: Texas Education Agency
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: April 2, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
66. Waiver Applicant: Utah Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: April 15, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
67. Waiver Applicant: Vermont Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: May 3, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
68. Waiver Applicant: Virginia Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: April 15, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
69. Waiver Applicant: Washington Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: March 29, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
70. Waiver Applicant: Wisconsin Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: June 17, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
71. Waiver Applicant: West Virginia Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: March 10, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.
72. Waiver Applicant: Wyoming Department of Education
     Provision waived: Tydings Amendment, section 421(b) of 
GEPA.
     Date waiver granted: August 11, 2010.
     Description of waiver: Extended until September 30, 2013, 
the period of availability of FY 2009 SIG funds awarded under section 
1003(g) of the ESEA.

II. Definition of Persistently Lowest-Achieving Schools

1. Waiver Applicant: Alabama Department of Education

     Provision waived: The definition of ``persistently lowest-
achieving schools'' in section I.A.3 of the SIG Final Requirements, 75 
FR 66363 (Oct. 28, 2010), and the incorporation of that definition in 
section I.A.1(a) and (b) of those requirements.
     Date waiver granted: April 21, 2010.
     Description of waiver: Allowed Alabama to exclude certain 
schools from the pool of schools from which it identifies its 
persistently lowest-achieving schools. The exclusion covered any school 
in which the ``all students'' group in the grades assessed consisted of 
fewer than 40 students enrolled for a full academic year, as that term 
was defined in Alabama's Accountability Workbook.

2. Waiver Applicant: Alabama Department of Education

     Provision waived: Paragraph (a)(2) of the definition of 
``persistently lowest-achieving schools'' in section I.A.3 of the SIG 
Final Requirements, 75 FR 66363 (Oct. 28, 2010), and the incorporation 
of that definition in section I.A.1(b) of those requirements.
     Date waiver granted: April 21, 2010.
     Description of waiver: Allowed Alabama to include certain 
secondary schools in the pool from which it identifies its persistently 
lowest-achieving schools. The inclusion covered any Alabama secondary 
school that--
    (A) Participated in Title I;
    (B) Was not identified in Tier I; and
    (C)(i) Had not made AYP for at least two consecutive years; or
    (ii) Was in the lowest quintile of performance based on proficiency 
rates on Alabama's assessments in reading/language arts and mathematics 
combined.

3. Waiver Applicant: Alaska Department of Education

     Provision waived: The definition of ``persistently lowest-
achieving schools'' in section I.A.3 of the SIG Final Requirements, 75 
FR 66363 (Oct. 28, 2010), and the incorporation of that definition in 
section I.A.1(a) and (b) of those requirements.
     Date waiver granted: April 15, 2010.
     Description of waiver: Allowed Alaska to exclude certain 
schools from the pool of schools from which it identifies its 
persistently lowest-achieving schools. The exclusion covered any school 
in which the ``all students'' group in the grades assessed consisted of 
fewer than 25 students enrolled for a full academic year, as that term 
was defined in Alaska's Accountability Workbook.

4. Waiver Applicant: Alaska Department of Education

     Provision waived: Paragraph (a)(2) of the definition of 
``persistently lowest-achieving schools'' in section I.A.3 of the SIG 
Final Requirements, 75 FR 66363 (Oct. 28, 2010), and the incorporation 
of that definition in section I.A.1(b) of those requirements.
     Date waiver granted: April 14, 2010.
     Description of waiver: Allowed Alaska to include certain 
secondary schools in the pool from which it identifies its persistently 
lowest-achieving schools. The inclusion covered any Alaska secondary 
school that--
    (A) Participated in Title I;
    (B) Was not identified in Tier I; and
    (C)(i) Had not made AYP for at least two consecutive years; or
    (ii) Was in the lowest quintile of performance based on proficiency 
rates on Alaska's assessments in reading/language arts and mathematics 
combined.

[[Page 71416]]

5. Waiver Applicant: California Department of Education

     Provision waived: The definition of ``persistently lowest-
achieving schools'' in section I.A.3 of the SIG Final Requirements, 75 
FR 66363 (Oct. 28, 2010), and the incorporation of that definition in 
section I.A.1(a) and (b) of those requirements.
     Date waiver granted: May 24, 2010.
     Description of waiver: Allowed California to exclude 
certain schools from the pool of schools from which it identifies its 
persistently lowest-achieving schools. The exclusion covered any school 
in which the ``all students'' group in the grades assessed consisted of 
fewer than 100 students enrolled for a full academic year, as that term 
was defined in California's Accountability Workbook.

6. Waiver Applicant: California Department of Education

     Provision waived: Paragraph (a)(2) of the definition of 
``persistently lowest-achieving schools'' in section I.A.3 of the SIG 
Final Requirements, 75 FR 66363 (Oct. 28, 2010), and the incorporation 
of that definition in section I.A.1(b) of those requirements.
     Date waiver granted: May 24, 2010.
    Description of waiver: Allowed California to include certain 
secondary schools in the pool from which it identifies its persistently 
lowest-achieving schools. The inclusion covered any California 
secondary school that--
    (A) Participated in Title I;
    (B) Was not identified in Tier I; and
    (C)(i) Had not made AYP for at least two consecutive years; or
    (ii) Was in the lowest quintile of performance based on proficiency 
rates on the California's assessments in reading/language arts and 
mathematics combined.

7. Waiver Applicant: Colorado Department of Education

     Provision waived: The definition of ``persistently lowest-
achieving schools'' in section I.A.3 of the SIG Final Requirements, 75 
FR 66363 (Oct. 28, 2010), and the incorporation of that definition in 
section I.A.1(a) and (b) of those requirements.
     Date waiver granted: May 10, 2010.
     Description of waiver: Allowed Colorado to exclude certain 
schools from the pool of schools from which it identifies its 
persistently lowest-achieving schools. The exclusion covered any school 
in which the ``all students'' group in the grades assessed consisted of 
fewer than 20 students enrolled for a full academic year, as that term 
was defined in Colorado's Accountability Workbook.

8. Waiver Applicant: Colorado Department of Education

     Provision waived: Paragraph (a)(2) of the definition of 
``persistently lowest-achieving schools'' in section I.A.3 of the SIG 
Final Requirements, 75 FR 66363 (Oct. 28, 2010), and the incorporation 
of that definition in section I.A.1(b) of those requirements.
     Date waiver granted: May 10, 2010.
     Description of waiver: Allowed Colorado to include certain 
secondary schools in the pool from which it identifies its persistently 
lowest-achieving schools. The inclusion covered any Colorado secondary 
school that--
    (A) Participated in Title I;
    (B) Was not identified in Tier I; and
    (C)(i) Had not made AYP for at least two consecutive years; or
    (ii) Was in the lowest quintile of performance based on proficiency 
rates on Colorado's assessments in reading/language arts and 
mathematics combined.

9. Waiver Applicant: Delaware Department of Education

     Provision waived: The definition of ``persistently lowest-
achieving schools'' in section I.A.3 of the SIG Final Requirements, 75 
FR 66363 (Oct. 28, 2010), and the incorporation of that definition in 
section I.A.1(a) and (b) of those requirements.
     Date waiver granted: June 24, 2010.
     Description of waiver: Allowed Delaware to exclude certain 
schools from the pool from which it identifies its persistently lowest-
achieving schools. This exclusion covered any school in which the ``all 
students'' group in the grades assessed consisted of fewer than 30 
students enrolled for a full academic year, as that term was defined in 
Delaware's Accountability Workbook.

10. Waiver Applicant: Illinois Department of Education

     Provision waived: Paragraph (a)(2) of the definition of 
``persistently lowest-achieving schools'' in section I.A.3 of the SIG 
Final Requirements, 75 FR. 66363 (Oct. 28, 2010), and the incorporation 
of that definition in section I.A.1(b) of those requirements.
     Date waiver granted: August 13, 2010.
     Description of waiver: Allowed Illinois to include certain 
secondary schools in the pool from which it identifies its persistently 
lowest-achieving schools. The inclusion covered any Illinois secondary 
school that--
    (A) Participated in Title I;
    (B) Was not identified in Tier I; and
    (C)(i) Had not made AYP for at least two consecutive years; or
    (ii) Was in the lowest quintile of performance based on proficiency 
rates on Illinois' assessments in reading/language arts and mathematics 
combined.

11. Waiver Applicant: Kansas Department of Education

     Provision waived: The definition of ``persistently lowest-
achieving schools'' in section I.A.3 of the SIG Final Requirements, 75 
FR 66363 (Oct. 28, 2010), and the incorporation of that definition in 
section I.A.1(a) and (b) of those requirements.
     Date waiver granted: March 31, 2010.
     Description of waiver: Allowed Kansas to exclude certain 
schools from the pool from which it identifies its persistently lowest-
achieving schools. This exclusion covered any school in which the ``all 
students'' group in the grades assessed consisted of fewer than 30 
students enrolled for a full academic year, as that term was defined in 
Kansas' Accountability Workbook.

12. Waiver Applicant: Kansas Department of Education

     Provision waived: Paragraph (a)(2) of the definition of 
``persistently lowest-achieving schools'' in section I.A.3 of the SIG 
Final Requirements, 75 FR 66363 (Oct. 28, 2010), and the incorporation 
of that definition in section I.A.1(b) of those requirements.
     Date waiver granted: March 31, 2010.
     Description of waiver: Allows Kansas to include certain 
secondary schools in the pool of secondary schools from which it 
identifies its persistently lowest-achieving schools. This inclusion 
covered any Kansas secondary school that--
    (A) Participated in Title I;
    (B) Was not identified in Tier I; and
    (C)(i) Had not made AYP for at least two consecutive years; or
    (ii) Was in the lowest quintile of performance based on proficiency 
rates on Kansas' assessments in reading/language arts and mathematics 
combined.

13. Waiver Applicant: Massachusetts Department of Education

     Provision waived: The definition of ``persistently lowest-
achieving schools'' in section I.A.3 of the SIG Final Requirements, 75 
FR 66363 (Oct. 28, 2010), and the incorporation of that definition in 
section I.A.1(a) and (b) of those requirements.

[[Page 71417]]

     Date waiver granted: April 27, 2010.
     Description of waiver: Allowed Massachusetts to exclude 
certain schools from the pool of schools from which it identifies its 
persistently lowest-achieving schools. The exclusion covered any school 
in which the ``all students'' group in the grades assessed consisted of 
fewer than 20 students enrolled for a full academic year, as that term 
was defined in Massachusetts' Accountability Workbook.

14. Waiver Applicant: Massachusetts Department of Education

     Provision waived: Paragraph (a)(2) of the definition of 
``persistently lowest-achieving schools'' in section I.A.3 of the SIG 
Final Requirements, 75 FR 66363 (Oct. 28, 2010), and the incorporation 
of that definition in section I.A.1(b) of those requirements.
     Date waiver granted: April 27, 2010.
     Description of waiver: Allowed Massachusetts to include 
certain secondary schools in the pool from which it identifies its 
persistently lowest-achieving schools. The inclusion covered any 
Massachusetts secondary school that--
    (A) Participated in Title I;
    (B) Was not identified in Tier I; and
    (C)(i) Had not made AYP for at least two consecutive years; or
    (ii) Was in the lowest quintile of performance based on proficiency 
rates on Massachusetts' assessments in reading/language arts and 
mathematics combined.

15. Waiver Applicant: Maryland Department of Education

     Provision waived: The definition of ``persistently lowest-
achieving schools'' in section I.A.3 of the SIG Final Requirements, 75 
FR 66363 (Oct. 28, 2010), and the incorporation of that definition in 
section I.A.1(a) and (b) of those requirements.
     Date waiver granted: April 9, 2010.
     Description of waiver: Allowed Maryland to exclude certain 
schools from the pool of schools from which it identifies its 
persistently lowest-achieving schools. The exclusion covered any school 
in which the ``all students'' group in the grades assessed consisted of 
fewer than 30 for schools with one grade assessed and fewer than 60 for 
schools with at least two grades assessed enrolled for a full academic 
year as that term was defined in Maryland's Accountability Workbook.

16. Waiver Applicant: Maryland Department of Education

     Provision waived: Paragraph (a)(2) of the definition of 
``persistently lowest-achieving schools'' in section I.A.3 of the SIG 
Final Requirements, 75 FR 66363 (Oct. 28, 2010), and the incorporation 
of that definition in section I.A.1(b) of those requirements.
     Date waiver granted: April 9, 2010.
     Description of waiver: Allowed Maryland to include certain 
secondary schools in the pool from which it identifies its persistently 
lowest-achieving schools. The inclusion covered any Maryland secondary 
school that--
    (A) Participated in Title I;
    (B) Was not identified in Tier I; and
    (C)(i) Had not made AYP for at least two consecutive years; or
    (ii) Was in the lowest quintile of performance based on proficiency 
rates on Maryland's assessments in reading/language arts and 
mathematics combined.

17. Waiver Applicant: Michigan Department of Education

     Provision waived: The definition of ``persistently lowest-
achieving schools'' in section I.A.3 of the SIG Final Requirements, 75 
FR 66363 (Oct. 28, 2010), and the incorporation of that definition in 
section I.A.1(a) and (b) of those requirements.
     Date waiver granted: July 2, 2010.
     Description of waiver: Allowed Michigan to exclude certain 
schools from the pool of schools from which it identifies its 
persistently lowest-achieving schools. The exclusion covered any school 
in which the ``all students'' group in the grades assessed consisted of 
fewer than 30 students enrolled for a full academic year, as that term 
was defined in Michigan's Accountability Workbook.

18. Waiver Applicant: Michigan Department of Education

     Provision waived: Paragraph (a)(2) of the definition of 
``persistently lowest-achieving schools'' in section I.A.3 of the SIG 
Final Requirements, 75 FR 66363 (Oct. 28, 2010), and the incorporation 
of that definition in section I.A.1(b) of those requirements.
     Date waiver granted: July 2, 2010.
     Description of waiver: Allowed Michigan to include certain 
secondary schools in the pool from which it identifies its persistently 
lowest-achieving schools. The inclusion covered any Michigan secondary 
school that--
    (A) Participated in Title I;
    (B) Was not identified in Tier I; and
    (C)(i) Had not made AYP for at least two consecutive years; or
    (ii) Was in the lowest quintile of performance based on proficiency 
rates on Michigan's assessments in reading/language arts and 
mathematics combined.

19. Waiver Applicant: Missouri Department of Education

     Provision waived: The definition of ``persistently lowest-
achieving schools'' in section I.A.3 of the SIG Final Requirements, 75 
FR 66363 (Oct. 28, 2010), and the incorporation of that definition in 
section I.A.1(a) and (b) of those requirements.
     Date waiver granted: March 31, 2010.
     Description of waiver: Allowed Missouri to exclude certain 
schools from the pool of schools from which it identifies its 
persistently lowest-achieving schools. The exclusion covered any school 
in which the ``all students'' group in the grades assessed consisted of 
fewer than 30 students enrolled for a full academic year, as that term 
was defined in Missouri's Accountability Workbook.

20. Waiver Applicant: Missouri Department of Education

     Provision waived: Paragraph (a)(2) of the definition of 
``persistently lowest-achieving schools'' in section I.A.3 of the SIG 
Final Requirements, 75 FR 66363 (Oct. 28, 2010), and the incorporation 
of that definition in section I.A.1(b) of those requirements.
     Date waiver granted: March 31, 2010.
     Description of waiver: Allowed Missouri to include certain 
secondary schools in the pool from which it identifies its persistently 
lowest-achieving schools. The inclusion covered any Missouri secondary 
school that--
    (A) Participated in Title I;
    (B) Was not identified in Tier I; and
    (C)(i) Had not made AYP for at least two consecutive years; or
    (ii) Was in the lowest quintile of performance based on proficiency 
rates on Missouri's assessments in reading/language arts and 
mathematics combined.

21. Waiver Applicant: Nebraska Department of Education

     Provision waived: The definition of ``persistently lowest-
achieving schools'' in section I.A.3 of the SIG Final Requirements, 75 
FR 66363 (Oct. 28, 2010), and the incorporation of that definition in 
section I.A.1(a) and (b) of those requirements.
     Date waiver granted: March 31, 2010.
     Description of waiver: Allowed Nebraska to exclude certain 
schools from the pool of schools from which it identifies its 
persistently lowest-achieving schools. The exclusion covered any school 
in which the ``all

[[Page 71418]]

students'' group in the grades assessed consisted of fewer than 30 
students enrolled for a full academic year, as that term was defined in 
Nebraska's Accountability Workbook.

22. Waiver Applicant: Nebraska Department of Education

     Provision waived: Paragraph (a)(2) of the definition of 
``persistently lowest-achieving schools'' in section I.A.3 of the SIG 
Final Requirements, 75 FR 66363 (Oct. 28, 2010), and the incorporation 
of that definition in section I.A.1(b) of those requirements.
     Date waiver granted: March 31, 2010.
     Description of waiver: Allowed Nebraska to include certain 
secondary schools in the pool from which it identifies its persistently 
lowest-achieving schools. The inclusion covered any Nebraska high 
school with a graduation rate lower than 75 percent.

23. Waiver Applicant: New Mexico Department of Education

     Provision waived: The definition of ``persistently lowest-
achieving schools'' in section I.A.3 of the SIG Final Requirements, 75 
FR 66363 (Oct. 28, 2010), and the incorporation of that definition in 
section I.A.1(a) and (b) of those requirements.
     Date waiver granted: April 9, 2010.
     Description of waiver: Allowed New Mexico to exclude 
certain schools from the pool of schools from which it identifies its 
persistently lowest-achieving schools. The exclusion covered any school 
in which the ``all students'' group in the grades assessed consisted of 
fewer than 25 students enrolled for a full academic year, as that term 
was defined in New Mexico's Accountability Workbook.

24. Waiver Applicant: Oklahoma Department of Education

     Provision waived: The definition of ``persistently lowest-
achieving schools'' in section I.A.3 of the SIG Final Requirements, 75 
FR 66363 (Oct. 28, 2010), and the incorporation of that definition in 
section I.A.1(a) and (b) of those requirements.
     Date waiver granted: April 21, 2010.
     Description of waiver: Allowed Oklahoma to exclude certain 
schools from the pool of schools from which it identifies its 
persistently lowest-achieving schools. The exclusion covered any school 
in which the ``all students'' group in the grades assessed consisted of 
fewer than 30 students enrolled for a full academic year, as that term 
was defined in Oklahoma's Accountability Workbook.

25. Waiver Applicant: Rhode Island Department of Education

     Provision waived: Paragraph (a)(2) of the definition of 
``persistently lowest-achieving schools'' in section I.A.3 of the SIG 
Final Requirements, 75 FR 66363 (Oct. 28, 2010), and the incorporation 
of that definition in section I.A.1(b) of those requirements.
     Date waiver granted: April 15, 2010.
     Description of waiver: Allowed Rhode Island to include 
certain secondary schools in the pool from which it identifies its 
persistently lowest-achieving schools. The inclusion covered any Rhode 
Island secondary school that--
    (A) Participated in Title I;
    (B) Was not identified in Tier I; and
    (C)(i) Had not made AYP for at least two consecutive years; or
    (ii) Was in the lowest quintile of performance based on proficiency 
rates on Rhode Island's assessments in reading/language arts and 
mathematics combined.

26. Waiver Applicant: South Carolina Department of Education

     Provision waived: The definition of ``persistently lowest-
achieving schools'' in section I.A.3 of the SIG Final Requirements, 75 
FR 66363 (Oct. 28, 2010), and the incorporation of that definition in 
section I.A.1(a) and (b) of those requirements.
     Date waiver granted: April 1, 2010.
     Description of waiver: Allowed South Carolina to exclude 
certain schools from the pool of schools from which it identifies its 
persistently lowest-achieving schools. The exclusion covered any school 
in which the ``all students'' group in the grades assessed consisted of 
fewer than 30 students enrolled for a full academic year, as that term 
was defined in South Carolina's Accountability Workbook.

27. Waiver Applicant: South Carolina Department of Education

     Provision waived: Paragraph (a)(2) of the definition of 
``persistently lowest-achieving schools'' in section I.A.3 of the SIG 
Final Requirements, 75 FR 66363 (Oct. 28, 2010), and the incorporation 
of that definition in section I.A.1(b) of those requirements.
     Date waiver granted: April 1, 2010.
     Description of waiver: Allowed South Carolina to include 
certain secondary schools in the pool from which it identifies its 
persistently lowest-achieving schools. The inclusion covered any South 
Carolina secondary school that--
    (A) Participated in Title I;
    (B) Was not identified in Tier I; and
    (C)(i) Had not made AYP for at least two consecutive years; or
    (ii) Was in the lowest quintile of performance based on proficiency 
rates on South Carolina's assessments in reading/language arts and 
mathematics combined.

28. Waiver Applicant: South Dakota Department of Education

     Provision waived: The definition of ``persistently lowest-
achieving schools'' in section I.A.3 of the SIG Final Requirements, 75 
FR 66363 (Oct. 28, 2010), and the incorporation of that definition in 
section I.A.1(a) and (b) of those requirements.
     Date waiver granted: April 13, 2010.
     Description of waiver: Allowed South Dakota to exclude 
certain schools from the pool of schools from which it identifies its 
persistently lowest-achieving schools. The exclusion covered any school 
in which the ``all students'' group in the grades assessed consisted of 
fewer than 10 students enrolled for a full academic year, as that term 
was defined in South Dakota's Accountability Workbook.

29. Waiver Applicant: Washington Department of Education

     Provision waived: The definition of ``persistently lowest-
achieving schools'' in section I.A.3 of the SIG Final Requirements, 75 
FR 66363 (Oct. 28, 2010), and the incorporation of that definition in 
section I.A.1(a) and (b) of those requirements.
     Date waiver granted: April 1, 2010.
     Description of waiver: Allowed Washington to exclude 
certain schools from the pool of schools from which it identifies its 
persistently lowest-achieving schools. The exclusion covered any school 
in which the ``all students'' group in the grades assessed consisted of 
fewer than 30 students enrolled for a full academic year, as that term 
was defined in Washington's Accountability Workbook.

30. Waiver Applicant: Wisconsin Department of Education

     Provision waived: The definition of ``persistently lowest-
achieving schools'' in section I.A.3 of the SIG Final Requirements, 75 
FR 66363 (Oct. 28, 2010), and the incorporation of that definition in 
section I.A.1(a) and (b) of those requirements.
     Date waiver granted: April 13, 2010.
     Description of waiver: Allowed Wisconsin to exclude 
certain schools from the pool of schools from which it identifies its 
persistently lowest-achieving schools. The exclusion covered any school 
in which the ``all students'' group in the grades assessed

[[Page 71419]]

consisted of fewer than 40 students enrolled for a full academic year, 
as that term was defined in Wisconsin's Accountability Workbook.

31. Waiver Applicant: Wisconsin Department of Education

     Provision waived: Paragraph (a)(2) of the definition of 
``persistently lowest-achieving schools'' in section I.A.3 of the SIG 
Final Requirements, 75 FR 66363 (Oct. 28, 2010), and the incorporation 
of that definition in section I.A.1(b) of those requirements.
     Date waiver granted: April 13, 2010.
     Description of waiver: Allowed Wisconsin to include 
certain secondary schools in the pool from which it identifies its 
persistently lowest-achieving schools. The inclusion covered any 
Wisconsin secondary school that--
    (A) Participated in Title I;
    (B) Was not identified in Tier I; and
    (C)(i) Had not made AYP for at least two consecutive years; or
    (ii) Was in the lowest quintile of performance based on proficiency 
rates on Wisconsin's assessments in reading/language arts and 
mathematics combined.

III. Waivers Allowing an SEA, With Respect to an LEA That Receives SIG 
Program Funds for ``Partnership Zone'' Schools as Defined By the State, 
To Implement Certain State Regulatory Provisions

1. Waiver Applicant: Delaware Department of Education

     Provision waived: Section II.B.2(d) of the SIG Final 
Requirements, 75 FR 66363 (Oct. 28, 2010).
     Date waiver granted: June 15, 2010.
     Description of waiver: Allowed Delaware, with respect to 
an LEA that receives FY 2009 or FY 2010 SIG funds for ``Partnership 
Zone'' schools, designated as such by the Delaware Secretary of 
Education, to, under certain circumstances, implement the State 
regulatory provision that requires such an LEA to use either the 
restart model or the school closure model in its Partnership Zone 
schools. If not waived, the SEA could not require an LEA to implement a 
particular model in one or more schools unless the SEA took over the 
LEA or school.

2. Waiver Applicant: Delaware Department of Education

     Provision waived: Section II.A.8(a)(i) of the SIG Final 
Requirements, 75 FR (Oct. 28, 2010).
     Date waiver granted: June 15, 2010.
     Description of waiver: Allowed Delaware, with respect to 
an LEA that receives FY 2009 or 2010 SIG funds for ``Partnership Zone'' 
schools, designated as such by the Delaware Secretary of Education, to 
implement the State regulatory provision that requires such an LEA to 
renegotiate its Memorandum of Understanding (MOU) with the Delaware 
Department of Education related to the Partnership Zone schools or, if 
a particular Partnership Zone school does not make AYP by the end of 
the second year following implementation of the MOU, select another 
school intervention model. If not waived, the LEA would be required to 
monitor each Tier I and Tier II school that received SIG funds and, as 
part of its monitoring, establish annual goals for student achievement 
based on Delaware's assessments in both reading/language arts and 
mathematics.

IV. Waiving the Requirement To Carry Over 25 Percent of FY 2009 SIG 
Funds If Not All of Tier I Schools Are Served With Those Funds

1. Waiver Applicant: Alaska Department of Education

     Provision waived: Section II.B.9(a) of the SIG Final 
Requirements, 75 FR 66363 (Oct. 28, 2010).
     Date waiver granted: September 30, 2010.
     Description of waiver: Waived the requirement that an SEA 
carry over 25 percent of its FY 2009 SIG funds if not all of its Tier I 
schools are served with those funds and allowed the SEA to allocate 
more than 75 percent of its FY 2009 SIG funds to LEAs for Tier I and 
Tier II schools that its LEAs committed to serve beginning in the 2010-
11 school year.

2. Waiver Applicant: California Department of Education

     Provision waived: Section II.B.9(a) of the SIG Final 
Requirements, 75 FR 66363 (Oct. 28, 2010).
     Date waiver granted: October 13, 2010.
     Description of waiver: Waived the requirement that an SEA 
carry over 25 percent of its FY 2009 SIG funds if not all of its Tier I 
schools were served with those funds, and allowed the SEA to allocate 
more than 75 percent of its FY 2009 SIG funds to LEAs for Tier I and 
Tier II schools that its LEA committed to serve beginning in the 2010-
11 school year. The funds made available for the FY 2009 competition 
through the waiver allowed California to make awards to additional LEAs 
that had demonstrated the commitment and capacity to implement one of 
the four rigorous school intervention models in their Tier I and Tier 
II schools beginning in fall 2010.

3. Waiver Applicant: Colorado Department of Education

     Provision waived: Section II.B.9(a) of the SIG Final 
Requirements, 75 FR 66363 (Oct. 28, 2010).
     Date waiver granted: August 18, 2010.
     Description of waiver: Waived the requirement that an SEA 
carry over 25 percent of its FY 2009 SIG funds if not all of its Tier I 
schools were served with those funds, and allowed the SEA to allocate 
more than 75 percent of its FY 2009 SIG funds to LEAs for Tier I and 
Tier II schools that its LEA committed to serve beginning in the 2010-
11 school year. The funds made available for the FY 2009 competition 
through the waiver allowed Colorado to make awards to additional LEAs 
that had demonstrated the commitment and capacity to implement one of 
the four rigorous school intervention models in their Tier I and Tier 
II schools beginning in fall 2010.

4. Waiver Applicant: Connecticut Department of Education

     Provision waived: Section II.B.9(a) of the SIG Final 
Requirements, 75 FR 66363 (Oct. 28, 2010).
     Date waiver granted: July 26, 2010.
     Description of waiver: Waived the requirement that an SEA 
carry over 25 percent of its FY 2009 SIG funds if not all of its Tier I 
schools were served with those funds, and allowed the SEA to allocate 
more than 75 percent of its FY 2009 SIG funds to LEAs for Tier I and 
Tier II schools that its LEA committed to serve beginning in the 2010-
11 school year. The funds made available for the FY 2009 competition 
through the waiver allowed Connecticut to make awards to additional 
LEAs that had demonstrated the commitment and capacity to implement one 
of the four rigorous school intervention models in their Tier I and 
Tier II schools beginning in fall 2010.

5. Waiver Applicant: Maine Department of Education

     Provision waived: Section II.B.9(a) of the SIG Final 
Requirements, 75 FR 66363 (Oct. 28, 2010).
     Date waiver granted: September 16, 2010.
     Description of waiver: Waived the requirement that an SEA 
carry over 25 percent of its FY 2009 SIG funds if not all of its Tier I 
schools were served with those funds, and allowed the SEA to allocate 
more than 75 percent of its FY 2009 SIG funds to LEAs for Tier I and 
Tier II schools that its LEA committed to serve beginning in the 2010-
11 school year. The funds made available

[[Page 71420]]

for the FY 2009 competition through the waiver allowed Maine to make 
awards to additional LEAs that had demonstrated the commitment and 
capacity to implement one of the four rigorous school intervention 
models in their Tier I and Tier II schools beginning in fall 2010.

6. Waiver Applicant: Missouri Department of Education

     Provision waived: Section II.B.9(a) of the SIG Final 
Requirements, 75 FR 66363 (Oct. 28, 2010).
     Date waiver granted: September 14, 2010.
     Description of waiver: Waived the requirement that an SEA 
carry over 25 percent of its FY 2009 SIG funds if not all of its Tier I 
schools were served with those funds, and allowed the SEA to allocate 
more than 75 percent of its FY 2009 SIG funds to LEAs for Tier I and 
Tier II schools that its LEA committed to serve beginning in the 2010-
11 school year. The funds made available for the FY 2009 competition 
through the waiver allowed Missouri to make awards to additional LEAs 
that had demonstrated the commitment and capacity to implement one of 
the four rigorous school intervention models in their Tier I and Tier 
II schools beginning in fall 2010.

7. Waiver Applicant: Oregon Department of Education

     Provision waived: Section II.B.9(a) of the SIG Final 
Requirements, 75 FR 66363 (Oct. 28, 2010).
     Date waiver granted: September 22, 2010.
     Description of waiver: Waived the requirement that an SEA 
carry over 25 percent of its FY 2009 SIG funds if not all of its Tier I 
schools were served with those funds, and allowed the SEA to allocate 
more than 75 percent of its FY 2009 SIG funds to LEAs for Tier I and 
Tier II schools that its LEA committed to serve beginning in the 2010-
11 school year. The funds made available for the FY 2009 competition 
through the waiver allowed Oregon to make awards to additional LEAs 
that had demonstrated the commitment and capacity to implement one of 
the four rigorous school intervention models in their Tier I and Tier 
II schools beginning in fall 2010.

8. Waiver Applicant: Pennsylvania Department of Education

     Provision waived: Section II.B.9(a) of the SIG Final 
Requirements, 75 FR 66363 (Oct. 28, 2010).
     Date waiver granted: October 22, 2010.
     Description of waiver: Waived the requirement that an SEA 
carry over 25 percent of its FY 2009 SIG funds if not all of its Tier I 
schools were served with those funds, and allowed the SEA to allocate 
more than 75 percent of its FY 2009 SIG funds to LEAs for Tier I and 
Tier II schools that its LEA committed to serve beginning in the 2010-
11 school year. The funds made available for the FY 2009 competition 
through the waiver allowed Pennsylvania to make awards to additional 
LEAs that had demonstrated the commitment and capacity to implement one 
of the four rigorous school intervention models in their Tier I and 
Tier II schools beginning in fall 2010.

9. Waiver Applicant: Washington Department of Education

     Provision waived: Section II.B.9(a) of the SIG Final 
Requirements, 75 FR 66363 (Oct. 28, 2010).
     Date waiver granted: June 23, 2010.
     Description of waiver: Waived the requirement that an SEA 
carry over 25 percent of its FY 2009 SIG funds if not all of its Tier I 
schools are served with those funds, and allowed the SEA to allocate 
more than 75 percent of its FY 2009 SIG funds to LEAs for Tier I and 
Tier II schools that its LEA committed to serve beginning in the 2010-
11 school year. The funds made available for the FY 2009 competition 
through the waiver allowed Washington to make awards to additional LEAs 
that had demonstrated the commitment and capacity to implement one of 
the four rigorous school intervention models in their Tier I and Tier 
II schools beginning in fall 2010.

V. Substitute Assessments

1. Waiver Applicant: New York State 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: July 2, 2010.
     Description of waiver: Permitted New York to use the 
Advanced International Certificate of Education Mathematics 
Examination, the Advanced Placement Calculus AB or BC Examinations, the 
International Baccalaureate Mathematical Studies or Mathematics Methods 
Standard-Level Examinations, the International Baccalaureate 
Mathematics Higher-Level Examination, the International General 
Certificate of Secondary Education, or the SAT II Mathematics Level 1 
or 2 Examinations, from the 2009-10 school year through the 2012-13 
school year, in place of the high school New York Regents Examination 
in Integrated Algebra. This was permitted, even though the same 
assessment would not be used by all students, and some students might 
have taken an assessment that did not cover the full breadth and depth 
of the State's academic content standards.

VI. Delayed Release of Assessment Results and/or Public School Choice 
Notice

1. Waiver Applicant: Arizona Department of Education

     Provisions waived: Section 1116(b)(1)(E)(i) of the ESEA 
and 34 CFR 200.37(b)(4)(iv).
     Date waiver granted: June 14, 2010.
     Description of waiver: Allowed Arizona to postpone--
    (A) Notice of public school choice for the start of the 2010-11 
school year until assessment results were available; and
    (B) Notice of public school choice options beyond 14 days before 
the start of the school year to parents of eligible children attending 
schools that--
    (i) Were newly identified for improvement for the 2010-11 school 
year; or
    (ii) Made AYP in the previous year but did not exit from 
improvement status.

2. Waiver Applicant: California Department of Education

     Provisions waived: Section 1116(b)(1)(E)(i) of the ESEA 
and 34 CFR 200.37(b)(4)(iv).
     Date waiver granted: December 7, 2010.
     Description of waiver: Allowed California to postpone--
    (A) Notice of public school choice for the start of the 2010-11 
school year until assessment results were available; and
    (B) Notice of public school choice options beyond 14 days before 
the start of the school year to parents of eligible children attending 
schools that--
    (i) Were newly identified for improvement for the 2010-11 school 
year; or
    (ii) Made AYP in the previous year but did not exit improvement 
status.

3. Waiver Applicant: Colorado Department of Education

     Provision waived: 34 CFR 200.37(b)(4)(iv).
     Date waiver granted: September 13, 2010.
     Description of waiver: Allowed Colorado to postpone--
    (A) Notice of public school choice options beyond 14 days before 
the start of the school year to parents of eligible children attending 
schools that--

[[Page 71421]]

    (i) Were newly identified for improvement for the 2010-11 school 
year; or
    (ii) Made AYP in the previous year but did not exit improvement 
status.

4. Waiver Applicant: Florida Department of Education

     Provision waived: 34 CFR 200.37(b)(4)(iv).
     Date waiver granted: August 3, 2010.
     Description of waiver: Allowed Florida to postpone--
    (A) Notice of public school choice options beyond 14 days before 
the start of the school year to parents of eligible children attending 
schools that--
    (i) Were newly identified for improvement for the 2010-11 school 
year; or
    (ii) Made AYP in the previous year but did not exit improvement 
status.

5. Waiver Applicant: Idaho Department of Education

     Provisions waived: Sections 1116(a)(2) and 
1116(b)(l)(E)(i) of the ESEA, and 34 CFR 200.37(b)(4)(iv).
     Date waiver granted: June 30, 2010.
     Description of waiver: Allowed Idaho to postpone--
    (A) Release of results from the State academic assessment 
administered in the 2009-10 school year;
    (B) Notice of public school choice for the start of the 2010-11 
school year until assessment results were available; and
    (C) Notice of public school choice options beyond 14 days before 
the start of the school year to parents of eligible children attending 
schools that--
    (i) Were newly identified for improvement for the 2010-11 school 
year; or
    (ii) Made AYP in the previous year but did not exit improvement 
status.

6. Waiver Applicant: Indiana Department of Education

     Provisions waived: Sections 1116(a)(2) and 
1116(b)(l)(E)(i) of the ESEA, and 34 CFR 200.37(b)(4)(iv).
     Date waiver granted: October 29, 2010.
     Description of waiver: Allowed Indiana to postpone--
    (A) Release of results from the State academic assessment 
administered in the 2009-10 school year;
    (B) Notice of public school choice for the start of the 2010-11 
school year until assessment results were available; and
    (C) Notice of public school choice options beyond 14 days before 
the start of the school year to parents of eligible children attending 
schools that--
    (i) Were newly identified for improvement for the 2010-11 school 
year; or
    (ii) Made AYP in the previous year but did not exit improvement 
status.

7. Waiver Applicant: Kentucky Department of Education

     Provision waived: Sections 1116(a)(2) and 1116(b)(l)(E)(i) 
of the ESEA, and 34 CFR 200.37(b)(4)(iv).
     Date waiver granted: April 15, 2010.
     Description of waiver: Allowed Kentucky to postpone--
    (A) The release of results from the State academic assessment 
administered in the 2009-10 school year;
    (B) Notice of public school choice for the start of the 2010-11 
school year until assessment results were available; and
    (C) Notice of public school choice options beyond 14 days before 
the start of the school year to parents of eligible children attending 
schools that--
    (i) Were newly identified for improvement for the 2010-11 school 
year or
    (ii) Made AYP in the previous year but did not exit improvement 
status.

8. Waiver Applicant: Nebraska Department of Education

     Provision waived: 34 CFR 200.37(b)(4)(iv).
     Date waiver granted: July 12, 2010.
     Description of waiver: Allowed Nebraska to postpone--
    (A) Notice of public school choice options beyond 14 days before 
the start of the school year to parents of eligible children attending 
schools that--
    (i) Were newly identified for improvement for the 2010-11 school 
year; or
    (ii) Made AYP in the previous year but did not exit improvement 
status.

9. Waiver Applicant: New York State Department of Education

     Provisions waived: Section 1116(b)(1)(E)(i) of the ESEA 
and 34 CFR 200.37(b)(4)(iv).
     Date waiver granted: August 24, 2010.
     Description of waiver: Allowed New York to postpone--
    (A) Notice of public school choice for the start of the 2010-11 
school year until assessment results were available; and
    (B) Notice of public school choice options beyond 14 days before 
the start of the school year to parents of eligible children attending 
schools that--
    (i) Were newly identified for improvement for the 2010-11 school 
year; or
    (ii) Made AYP in the previous year but did not exit improvement 
status.

10. Waiver Applicant: Oklahoma Department of Education

     Provision waived: 34 CFR 200.37(b)(4)(iv).
     Date waiver granted: October 18, 2010.
     Description of waiver: Allowed Oklahoma to postpone--
    (A) Notice of public school choice options beyond 14 days before 
the start of the school year to parents of eligible children attending 
schools that--
    (i) Were newly identified for improvement for the 2010-11 school 
year; or
    (ii) Made AYP in the previous year but did not exit improvement 
status.

11. Waiver Applicant: Tennessee Department of Education

     Provisions waived: Section 1116(b)(1)(E)(i) of the ESEA 
and 34 CFR 200.37(b)(4)(iv).
     Date waiver granted: August 10, 2010.
     Description of waiver: Allowed Tennessee to postpone--
    (A) Notice of public school choice for the start of the 2010-11 
school year until assessment results were available; and
    (B) Notice of public school choice options beyond 14 days before 
the start of the school year to parents of eligible children attending 
schools that--
    (i) Were newly identified for improvement for the 2010-11 school 
year; or
    (ii) Made AYP in the previous year but did not exit improvement 
status.

12. Waiver Applicant: Washington Department of Education

     Provisions waived: Sections 1116(a)(2) and 
1116(b)(l)(E)(i) of the ESEA, and 34 CFR 200.37(b)(4)(iv).
     Date waiver granted: June 30, 2010.
     Description of waiver: Allowed Washington to postpone--
    (A) The release of results from the State academic assessment 
administered in the 2009-10 school year;
    (B) Notice of public school choice for the start of the 2010-11 
school year until assessment results were available; and
    (C) Notice of public school choice options beyond 14 days before 
the start of the school year to parents of eligible children attending 
schools that--
    (i) Were newly identified for improvement for the 2010-11 school 
year; or
    (ii) Made AYP in the previous year but did not exit improvement 
status.

[[Page 71422]]

VII. AYP Determinations

1. Waiver Applicant: California Department of Education

     Provisions waived: Sections 1111(b)(3)(C)(vii), 
1111(b)(3)(C)(v)(II), and 1116(a)(1)(A) of the ESEA, and 34 CFR 
200.5(a)(2), 34 CFR 200.5(b), and 34 CFR 200.12.
     Date waiver granted: June 23, 2010.
     Description of waiver: Allowed some schools in Calexico 
Unified School District to exclude assessments administered in the 
2009-10 school year when making AYP determinations and to assign the 
same AYP status to its schools as it assigned AYP determinations based 
on 2008-09 assessments. This was necessary because the April 4, 2010, 
earthquake and aftershocks resulted in schools closing for six weeks 
during the time that Calexico would have administered the assessments 
required under the ESEA.

2. Waiver Applicant: Florida Department of Education

     Provisions waived: Sections 1111(b)(2)(I)(ii) of the ESEA 
and 34 CFR 200.20(c)(l)(i).
     Date waiver granted: September 22, 2010.
     Description of waiver: Allowed Florida to exclude, from 
assessment participation rate calculations used in when making AYP 
determinations for the 2009-10 school year, those students who enrolled 
in Florida schools after having been displaced as a result of the 
January 12, 2010, earthquake in Haiti.

3. Waiver Applicant: Wyoming Department of Education

     Provisions waived: Sections 1111(b)(3)(A), 
1111(b)(3)(C)(vii), 1111(b)(3)(C)(v)(II), 1116(a)(1)(A), and 
1116(c)(1)(A) of the ESEA, and 34 CFR 200.2(a)(1), 34 CFR 200.5(a)(2), 
34 CFR 200.5(b), 34 CFR 200.30, and 34 CFR 200.50(a).
     Date waiver granted: November 16, 2010.
     Description of waiver: Allowed Wyoming to exclude 
assessments administered in the 2009-10 school year in making AYP 
determinations due to a statewide failure of Wyoming's online 
assessment system that prevented the State from collecting valid 
statewide assessment data for that same school year.

VIII. Title I Within-District Allocation Waivers

1. Waiver Applicant: Clay County Schools, WV

     Provisions waived: Section 1113(c)(1) of the ESEA and 34 
CFR 200.78(c).
     Date waiver granted: May 21, 2010.
     Description of waiver: Enabled the Clay County Schools to 
allocate more Title I funds per poor child to several schools with a 
lower poverty rate than to schools with a higher poverty rate.

2. Waiver Applicant: Community High School District 99, IL

     Provisions waived: Sections 1113(a)(2) and 1113(c)(2)(A) 
of the ESEA.
     Date waiver granted: December 13, 2010.
     Description of waiver: Enabled Community High School 
District 99 to allocate Title I funds to its second high school, which 
was below the District-wide poverty rate of 35 percent and, therefore, 
not eligible for Title I funds. The waiver further enabled the District 
to allocate an amount per poor child to both its high schools that was 
less than 125 percent of the per-pupil amount for the District as a 
whole.

IX. Allowing an SEA To Use Its Title I Allocation Reserved for Academic 
Achievement Awards Programs To Reward Qualified Schools That Are 
Eligible for, But Do Not Receive, Title I Funds

1. Waiver Applicant: Wisconsin Department of Education

     Provision waived: Section 1117(c)(2)(A) of the ESEA.
     Date waiver granted: December 23, 2010.
     Description of waiver: Permitted Wisconsin to use Title I 
funds reserved for academic achievement award programs by the SEA to 
reward qualified schools that were eligible for, but did not receive, 
Title I funds. Because of the funds made available for Title I through 
ARRA, Wisconsin was able to reserve significantly more FY 2009 funds to 
reward schools, and sought to take the opportunity to financially 
reward not only 120 qualifying Title I schools that received Title I 
funds, but also 17 high-poverty schools that were eligible for, but did 
not receive, Title I funds and had made significant strides in 
improving student achievement.

X. Participation or Attendance Rate Waivers Due to Breakouts of the 
H1N1 Virus

1. Waiver Applicant: Maryland Department of Education

     Provisions waived: Sections 1111(b)(2)(I)(ii) of the ESEA 
and 34 CFR 200.20(c)(l)(i).
     Date waiver granted: April 20, 2010.
     Description of waiver: Allowed Maryland to exclude schools 
or LEAs from assessment participation rate calculations when making AYP 
determinations for the 2009-10 school year for those student subgroups 
that failed to make the required 95 percent participation rate and 
experienced 50 percent or more of its absences on two or more days 
during the testing window due to the H1N1 flu virus or other flu-like 
illnesses. This waiver permitted a school or LEA in Maryland to use the 
school's or LEA's 2008-09 school year participation rate when making 
AYP determinations based on assessments administered during the 2009-10 
school year.

2. Waiver Applicant: New Mexico Department of Education

     Provisions waived: Sections 1111(b)(2)(I)(ii) of the ESEA 
and 34 CFR 200.20(c)(l)(i).
     Date waiver granted: August 4, 2010.
     Description of waiver: Allowed New Mexico to exclude 
schools or LEAs from attendance rate as an ``other academic indicator'' 
when making AYP determinations for the 2009-10 school year for a school 
or LEA that failed to make AYP for the attendance rate due to the H1N1 
flu virus or other flu-like illnesses. This waiver permitted a school 
or LEA in New Mexico to use the school's or LEA's 2009-10 school year 
attendance rate for an ``other academic indicator'' when making AYP 
determinations.

3. Waiver Applicant: South Carolina Department of Education

     Provisions waived: Sections 1111(b)(2)(I)(ii) of the ESEA 
and 34 CFR 200.20(c)(l)(i).
     Date waiver granted: January 21, 2010.
     Description of waiver: Allowed South Carolina to exclude 
schools or LEAs from attendance rate as the ``other academic 
indicator'' when making AYP determinations for the 2009-10 school year 
for a school or LEA that failed to make AYP for the attendance rate and 
experienced 50 percent or more of its absences due to the H1N1 flu 
virus or other flu-like illnesses. This waiver permitted a school or 
LEA in South

[[Page 71423]]

Carolina to use the school or LEA's 2008-09 school year attendance rate 
for ``other academic indicator'' when making AYP determinations.

XI. Annual Measurable Achievement Objective Waiver

1. Waiver Applicant: Wyoming Department of Education

     Provisions waived: Section 3122(b)(1) of the ESEA.
     Date waiver granted: May 10, 2010.
     Description of waiver: Allowed Wyoming to make annual 
measurable achievement objective (AMAO) determinations for the 2009-10 
school year based on AMAO 2 (attainment) and AMAO 3 (AYP for limited 
English proficiency subgroup). Wyoming adopted a new annual English 
language proficiency assessment and did not have consistent data to 
make AMAO determinations regarding AMAO 1 (progress) for districts 
receiving Title III funds for the 2009-10 school year.

XII. Two Percent Transition Flexibility

1. Waiver Applicant: Georgia Department of Education

     Provision waived: 34 CFR 200.20(g).
     Date waiver granted: July 2, 2010.
     Description of waiver: Permitted Georgia to extend the use 
of the two percent flexibility for calculating AYP for the ``students 
with disabilities'' subgroup for the 2010-11 school year based on 2009-
10 assessment results. Due to severe resource issues, Georgia was not 
able to implement an operational alternate assessment based on modified 
academic achievement standards (AA-MAS) in spring 2010.

XIII. Paraprofessional Qualifications

1. Waiver Applicant: Texas Education Agency

     Provision waived: Section 1119(c) of the ESEA.
     Date waiver granted: April 30, 2010.
     Description of waiver: Permitted Texas' instructional 
paraprofessionals in schools receiving Title I, Part A funds for the 
first time in school year 2009-10 to have until the first day of the 
second semester of the current school year to meet the requirements for 
paraprofessionals. This waiver applied to paraprofessionals in these 
schools who were hired prior to the first day of the 2009-10 school 
year.

XIV. Consolidated Grant Restrictions

1. Waiver Applicant: American Samoa Department of Education

     Provisions waived: Sections 6222 and 6224(d) of the ESEA.
     Date waiver granted: February 26, 2010.
     Description of waiver: Provided American Samoa the 
flexibility to use ARRA FY 2009 funds through a consolidated grant for 
programs under Title VI, Part B of the ESEA.

2. Waiver Applicant: Guam Department of Education

     Provisions waived: Sections 6222 and 6224(d) of the ESEA.
     Date waiver granted: March 10, 2010.
     Description of waiver: Provided Guam the flexibility to 
use ARRA FY 2009 funds through a consolidated grant for programs under 
Title VI, Part B of the ESEA.

XV. Allowing SEAs or LEAs 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: June, 16, 2010.
     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 2010-11 school 
year.

2. Waiver Applicant: Arizona Department of Education

     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: August 4, 2010.
     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 2010-11 school 
year.

3. Waiver Applicant: Delaware Department of Education

     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: June 15, 2010.
     Description of waiver: Permitted Delaware to approve a 
school or LEA identified for improvement, corrective action, or 
restructuring to serve as a provider of SES during the 2009-10 school 
year.

4. Waiver Applicant: Florida Department of Education

     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: August 25, 2010.
     Description of waiver: Permitted Florida to approve a 
school or LEA identified for improvement, corrective action, or 
restructuring to serve as a provider of SES during the 2010-11 school 
year.

5. Waiver Applicant: Hawaii Department of Education

     Provision waived: 34 CFR 200.47(b)(1)(iv)(A).
     Date waiver granted: August 20, 2010.
     Description of waiver: Permitted Hawaii to approve a 
school identified for improvement, corrective action, or restructuring 
to serve as a provider of SES during the 2010-11 school year.

6. Waiver Applicant: Indiana Department of Education

     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: July 2, 2010.
     Description of waiver: Permitted Indiana to approve a 
school or LEA identified for improvement, corrective action, or 
restructuring to serve as a provider of SES during the 2010-11 school 
year.

7. Waiver Applicant: Iowa Department of Education

     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: August 3, 2010.
     Description of waiver: Permitted Iowa to approve a school 
or LEA identified for improvement, corrective action, or restructuring 
to serve as a provider of SES during the 2010-11 school year.

8. Waiver Applicant: Maine Department of Education

     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: September 9, 2010.
     Description of waiver: Permitted Maine to approve a school 
or LEA identified for improvement, corrective action, or restructuring 
to serve as a provider of SES during the 2010-11 school year.

9. Waiver Applicant: Massachusetts State Board of Education

     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: July 19, 2010.
     Description of waiver: Permitted Massachusetts to approve 
a school or LEA identified for improvement, corrective action, or 
restructuring to serve as a provider of SES during the 2010-11 school 
year.

10. Waiver Applicant: Missouri Department of Education

     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).

[[Page 71424]]

     Date waiver granted: August 10, 2010.
     Description of waiver: Permitted Missouri to approve a 
school or LEA identified for improvement, corrective action, or 
restructuring to serve as a provider of SES during the 2010-11 school 
year.

11. Waiver Applicant: Montana Department of Education

     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: June 23, 2010.
     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 2010-11 school 
year.

12. Waiver Applicant: Nebraska Department of Education

     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: July 12, 2010.
     Description of waiver: Permitted Nebraska to approve a 
school or LEA identified for improvement, corrective action, or 
restructuring to serve as a provider of SES during the 2010-11 school 
year.

13. Waiver Applicant: New Hampshire Department of Education

     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: August 4, 2010.
     Description of waiver: Permitted New Hampshire to approve 
a school or LEA identified for improvement, corrective action, or 
restructuring to serve as a provider of SES during the 2010-11 school 
year.

14. Waiver Applicant: New Mexico Department of Education

     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: July 20, 2010.
     Description of waiver: Permitted New Mexico to approve a 
school or LEA identified for improvement to serve as a provider of SES 
during the 2010-11 school year.

15. Waiver Applicant: New York State Department of Education

     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: March 3, 2010.
     Description of waiver: Permitted New York to approve a 
school or LEA identified for improvement, corrective action, or 
restructuring to serve as a provider of SES during the 2009-10 school 
year.

16. Waiver Applicant: North Carolina Department of Public Instruction

     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: July 21, 2010.
     Description of waiver: Permitted North Carolina to approve 
a school or LEA identified for improvement, corrective action, or 
restructuring to serve as a provider of SES during the 2010-11 school 
year.

17. Waiver Applicant: North Dakota Department of Education

     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: June 15, 2010.
     Description of waiver: Permitted North Dakota to approve a 
school or LEA identified for improvement, corrective action, or 
restructuring to serve as a provider of SES during the 2010-11 school 
year.

18. Waiver Applicant: Ohio Department of Education

     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: July 20, 2010.
     Description of waiver: Permitted Ohio to approve a school 
or LEA identified for improvement, corrective action, or restructuring 
to serve as a provider of SES during the 2010-11 school year.

19. Waiver Applicant: Oklahoma Department of Education

     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: June 15, 2010.
     Description of waiver: Permitted Oklahoma to approve a 
school or LEA identified for improvement, corrective action, or 
restructuring to serve as a provider of SES during the 2010-11 school 
year.

20. Waiver Applicant: Pennsylvania Department of Education

     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: August 3, 2010.
     Description of waiver: Permitted Oregon to approve a 
school or LEA identified for improvement, corrective action, or 
restructuring to serve as a provider of SES during the 2010-11 school 
year.

21. Waiver Applicant: Red Clay Consolidated School District, DE

     Provision waived: 34 CFR 200.47(b)(1)(iv)(B).
     Date waiver granted: February 4, 2010.
     Description of waiver: Permitted the Red Clay Consolidated 
School District in Delaware, an LEA identified for improvement, to 
serve as a provider of SES during the 2009-10 school year.

22. Waiver Applicant: Rhode Island Department of Education

     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: June 16, 2010.
     Description of waiver: Permitted Rhode Island to approve a 
school or LEA identified for improvement, corrective action, or 
restructuring to serve as a provider of SES during the 2010-11 school 
year.

23. Waiver Applicant: South Carolina Department of Education

     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: July 12, 2010.
     Description of waiver: Permitted South Carolina to approve 
a school or LEA identified for improvement, corrective action, or 
restructuring to serve as a provider of SES during the 2010-11 school 
year.

24. Waiver Applicant: South Dakota Department of Education

     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: June 16, 2010.
     Description of waiver: Permitted South Dakota to approve a 
school or LEA identified for improvement, corrective action, or 
restructuring to serve as a provider of SES during the 2010-11 school 
year.

25. Waiver Applicant: Tennessee Department of Education

     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: October 14, 2010.
     Description of waiver: Permitted Tennessee to approve a 
school or LEA identified for improvement, corrective action, or 
restructuring to serve as a provider of SES during the 2010-11 school 
year.

26. Waiver Applicant: Texas Education Agency

     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: April 30, 2010.
     Description of waiver: Permitted Texas to approve a school 
or LEA identified for improvement, corrective action, or restructuring 
to serve as a provider of SES during the 2009-10 school year.

27. Waiver Applicant: Utah Department of Education

     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).

[[Page 71425]]

     Date waiver granted: January 19, 2010.
     Description of waiver: Permitted Utah to approve a school 
or LEA identified for improvement, corrective action, or restructuring 
to serve as a provider of SES during the 2009-10 school year.

28. Waiver Applicant: Washington Department of Education

     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: July 27, 2010.
     Description of waiver: Permitted Washington to approve a 
school or LEA identified for improvement, corrective action, or 
restructuring to serve as a provider of SES during the 2010-11 school 
year.

29. Waiver Applicant: Wisconsin Department of Education

     Provision waived: 34 CFR 200.47(b)(1)(iv)(A) and (B).
     Date waiver granted: August 10, 2010.
     Description of waiver: Permitted Wisconsin to approve a 
school or LEA identified for improvement, corrective action, or 
restructuring to serve as a provider of SES during the 2010-11 school 
year.

XVI. 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 LEA's 
``20 Percent Obligation''

A. New Applicants

1. Waiver Applicant: Delaware Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: June 15, 2010.
     Description of waiver: For the 2010-11 school year, 
permitted LEAs in Delaware to offer 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 providing SES to these 
students toward meeting the LEA's ``20 percent obligation.''
2. Waiver Applicant: Florida Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: August 25, 2010.
     Description of waiver: For the 2010-11 school year, 
permitted LEAs in Florida to offer 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 providing SES to these 
students toward meeting the LEA's ``20 percent obligation.''
3. Waiver Applicant: Minnesota Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: January 19, 2010.
     Description of waiver: For the 2010-11 school year, 
permitted LEAs in Minnesota to offer 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 providing SES to these 
students toward meeting the LEA's ``20 percent obligation.''
4. Waiver Applicant: New York State Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: March 3, 2010.
     Description of waiver: For the 2010-11 school year, 
permitted LEAs in New York to offer 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 providing SES to these 
students toward meeting the LEA's ``20 percent obligation.''

B. Continuation Applicants

1. Waiver Applicant: Alabama Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: August 10, 2010.
     Description of waiver: For the 2010-11 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 
school improvement and to count the costs of providing SES to these 
students toward meeting the LEA's ``20 percent obligation.''
2. Waiver Applicant: Arizona Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: August 4, 2010.
     Description of waiver: For the 2010-11 school year, 
permitted LEAs in Arizona to offer 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 providing SES to these 
students toward meeting the LEA's ``20 percent obligation.''
3. Waiver Applicant: California Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: December 7, 2010.
     Description of waiver: For the 2010-11 school year, 
permitted LEAs in California to offer 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 providing SES to these 
students toward meeting the LEA's ``20 percent obligation.''
4. Waiver Applicant: Iowa Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: August 3, 2010.
     Description of waiver: For the 2010-11 school year, 
permitted LEAs in Iowa to offer 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 providing SES to these 
students toward meeting the LEA's ``20 percent obligation.''
5. Waiver Applicant: Massachusetts Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: July 19, 2010.
     Description of waiver: For the 2010-11 school year, 
permitted LEAs in Massachusetts to offer 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 providing SES to 
these students toward meeting the LEA's ``20 percent obligation.''
6. Waiver Applicant: Michigan Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: August 10, 2010.
     Description of waiver: For the 2010-11 school year, 
permitted LEAs in Michigan to offer SES, in addition to public school 
choice, to eligible students in Title I schools in the first year of 
school improvement and to

[[Page 71426]]

count the costs of providing SES to these students toward meeting the 
LEA's ``20 percent obligation.''
7. Waiver Applicant: Missouri Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: August 10, 2010.
     Description of waiver: For the 2010-11 school year, 
permitted LEAs in Missouri to offer 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 providing SES to these 
students toward meeting the LEA's ``20 percent obligation.''
8. Waiver Applicant: Nebraska Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: July 12, 2010.
     Description of waiver: For the 2010-11 school year, 
permitted LEAs in Nebraska to offer 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 providing SES to these 
students toward meeting the LEA's ``20 percent obligation.''
9. Waiver Applicant: Nevada Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: June 15, 2010.
     Description of waiver: For the 2010-11 school year, 
permitted LEAs in Nevada to offer 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 providing SES to these 
students toward meeting the LEA's ``20 percent obligation.''
10. Waiver Applicant: New Hampshire Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: August 4, 2010.
     Description of waiver: For the 2010-11 school year, 
permitted LEAs in New Hampshire to offer 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 providing SES to 
these students toward meeting the LEA's ``20 percent obligation.''
11. Waiver Applicant: New Mexico Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: July 20, 2010.
     Description of waiver: For the 2010-11 school year, 
permitted LEAs in New Mexico to offer 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 providing SES to these 
students toward meeting the LEA's ``20 percent obligation.''
12. Waiver Applicant: North Carolina Department of Public Instruction
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: July 21, 2010.
     Description of waiver: For the 2010-11 school year, 
permitted LEAs in North Carolina to offer 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 providing SES to 
these students toward meeting the LEA's ``20 percent obligation.''
13. Waiver Applicant: Ohio Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: July 20, 2010.
     Description of waiver: For the 2010-11 school year, 
permitted LEAs in Ohio to offer 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 providing SES to these 
students toward meeting the LEA's ``20 percent obligation.''
14. Waiver Applicant: Oklahoma Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: November 9, 2010.
     Description of waiver: For the 2010-11 school year, 
permitted LEAs in Oklahoma to offer 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 providing SES to these 
students toward meeting the LEA's ``20 percent obligation.''
15. Waiver Applicant: Tennessee Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: October 14, 2010.
     Description of waiver: For the 2010-11 school year, 
permitted 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 and to count the costs of providing SES to these 
students toward meeting the LEA's ``20 percent obligation.''
16. Waiver Applicant: Virginia Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: August 4, 2010.
     Description of waiver: For the 2010-11 school year, 
permitted LEAs in Virginia to offer 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 providing SES to these 
students toward meeting the LEA's ``20 percent obligation.''
17. Waiver Applicant: Washington Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48.
     Date waiver granted: July 27, 2010.
     Description of waiver: For the 2010-11 school year, 
permitted LEAs in Washington to offer 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 providing SES to these 
students toward meeting the LEA's ``20 percent obligation.''

XVII. Waivers Related to Title I, Part A Funding Provided Under ARRA

A. Allowing an LEA To Exclude Its Title I, Part A Allocation Received 
Under ARRA When Calculating Its Obligation to Spend the Equivalent of 
20 Percent of Title I, Part A Funds for Public School Choice-Related 
Transportation and SES

1. Waiver Applicant: Kansas Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48(a)(2).
     Date waiver granted: April 6, 2010.
     Description of waiver: Allowed LEAs in Kansas to exclude 
all or part of the Title I, Part A ARRA funds when calculating their 
obligation to spend at

[[Page 71427]]

least the equivalent of 20 percent of their fiscal year 2009 Title I, 
Part A funds for public school choice-related transportation and SES.
2. Waiver Applicant: Minnesota Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48(a)(2).
     Date waiver granted: January 19, 2010.
     Description of waiver: Allowed LEAs in Minnesota to 
exclude all or part of the Title I, Part A ARRA funds when calculating 
their obligation to spend at least the equivalent of 20 percent of 
their fiscal year 2009 Title I, Part A funds for public school choice-
related transportation and SES.
3. Waiver Applicant: Mississippi Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48(a)(2).
     Date waiver granted: May 10, 2010.
     Description of waiver: Allowed LEAs in Mississippi to 
exclude all or part of the Title I, Part A ARRA funds when calculating 
their obligation to spend at least the equivalent of 20 percent of 
their fiscal year 2009 Title I, Part A funds for public school choice-
related transportation and SES.
4. Waiver Applicant: New York State Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48(a)(2).
     Date waiver granted: March 3, 2010.
     Description of waiver: Allowed LEAs in New York to exclude 
all or part of the Title I, Part A ARRA funds when calculating their 
obligation to spend at least the equivalent of 20 percent of their 
fiscal year 2009 Title I, Part A funds for public school choice-related 
transportation and SES.
5. Waiver Applicant: Puerto Rico Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48(a)(2).
     Date waiver granted: April 6, 2010.
     Description of waiver: Allowed the Puerto Rico LEA to 
exclude all or part of the Title I, Part A ARRA funds when calculating 
their obligation to spend at least the equivalent of 20 percent of 
their fiscal year 2009 Title I, Part A funds for public school choice-
related transportation and SES.
6. Waiver Applicant: Red Clay Consolidated School District, DE
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48(a)(2).
     Date waiver granted: February 4, 2010.
     Description of waiver: Allowed the Red Clay Consolidated 
School District in Delaware to exclude all or part of its Title I, Part 
A ARRA funds when calculating its obligation to spend at least the 
equivalent of 20 percent of its fiscal year 2009 Title I, Part A funds 
for public school choice-related transportation and SES.
7. Waiver Applicant: Texas Education Agency
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48(a)(2).
     Date waiver granted: April 30, 2010.
     Description of waiver: Allowed LEAs in Texas to exclude 
all or part of the Title I, Part A ARRA funds when calculating their 
obligation to spend at least the equivalent of 20 percent of their 
fiscal year 2009 Title I, Part A funds for public school choice-related 
transportation and SES.
8. Waiver Applicant: Utah Department of Education
     Provisions waived: Section 1116(b)(10) of the ESEA and 34 
CFR 200.48(a)(2).
     Date waiver granted: January 19, 2010.
     Description of waiver: Allowed LEAs in Utah to exclude all 
or part of the Title I, Part A ARRA funds when calculating their 
obligation to spend at least the equivalent of 20 percent of its fiscal 
year 2009 Title I, Part A funds for public school choice-related 
transportation and SES.

B. Allowing an LEA and/or a SCHOOL To Exclude Its Title I, Part A 
Allocation Received Under ARRA When Calculating Its Obligation To Spend 
10 Percent of Title I, Part A Funds For Professional Development

1. Waiver Applicant: Kansas Department of Education
     Provisions waived: Sections 1116(c)(7)(A)(iii) and 
1116(b)(3)(A)(iii) of the ESEA, and 34 CFR 200.52(a)(3)(iii) and 34 CFR 
200.41(c)(5).
     Date waiver granted: April 6, 2010.
     Description of waiver: Allowed LEAs and schools in Kansas 
that were in improvement, corrective action, or restructuring status to 
exclude all or part of the Title I, Part A ARRA funds when calculating 
their obligation to spend at least 10 percent of fiscal year 2009 Title 
I, Part A funds for professional development.
2. Waiver Applicant: Minnesota Department of Education
     Provisions waived: Sections 1116(c)(7)(A)(iii) and 
1116(b)(3)(A)(iii) of the ESEA, and 34 CFR 200.52(a)(3)(iii) and 34 CFR 
200.41(c)(5).
     Date waiver granted: January 19, 2010.
     Description of waiver: Allowed LEAs and schools in 
Minnesota that were in improvement, corrective action, or restructuring 
status to exclude all or part of the Title I, Part A ARRA funds when 
calculating their obligation to spend at least 10 percent of fiscal 
year 2009 Title I, Part A funds for professional development.
3. Waiver Applicant: Mississippi Department of Education
     Provisions waived: Section 1116(b)(3)(A)(iii) of the ESEA, 
and 34 CFR 200.41(c)(5).
     Date waiver granted: May 10, 2010.
     Description of waiver: Allowed schools in Mississippi that 
were in improvement, corrective action, or restructuring status to 
exclude all or part of the Title I, Part A ARRA funds when calculating 
their obligation to spend at least 10 percent of fiscal year 2009 Title 
I, Part A funds for professional development.
4. Waiver Applicant: Montana Department of Education
     Provisions waived: Section 1116(c)(7)(A)(iii) of the ESEA 
and 34 CFR 200.52(a)(3)(iii).
     Date waiver granted: October 19, 2010.
     Description of waiver: Allowed LEAs in Montana that were 
in improvement, corrective action, or restructuring status to exclude 
all or part of the Title I, Part A ARRA funds when calculating their 
obligation to spend at least 10 percent of fiscal year 2009 Title I, 
Part A funds for professional development.
5. Waiver Applicant: New York State Department of Education
     Provisions waived: Sections 1116(c)(7)(A)(iii) and 
1116(b)(3)(A)(iii) of the ESEA, and 34 CFR 200.52(a)(3)(iii) and 34 CFR 
200.41(c)(5).
     Date waiver granted: March 3, 2010.
     Description of waiver: Allowed LEAs and schools in New 
York that were in improvement, corrective action, or restructuring 
status to exclude all or part of the Title I, Part A ARRA funds

[[Page 71428]]

when calculating their obligation to spend at least 10 percent of 
fiscal year 2009 Title I, Part A funds for professional development.
6. Waiver Applicant: Puerto Rico Department of Education
     Provisions waived: Sections 1116(c)(7)(A)(iii) and 
1116(b)(3)(A)(iii) of the ESEA, and 34 CFR 200.52(a)(3)(iii) and 34 CFR 
200.41(c)(5).
     Date waiver granted: April 6, 2010.
     Description of waiver: Allowed the Puerto Rico LEA and its 
schools that were in improvement, corrective action, or restructuring 
status to exclude all or part of the Title I, Part A ARRA funds when 
calculating their obligation to spend at least 10 percent of fiscal 
year 2009 Title I, Part A funds for professional development.
7. Waiver Applicant: Red Clay Consolidated School District, DE
     Provisions waived: Sections 1116(c)(7)(A)(iii) and 
1116(b)(3)(A)(iii) of the ESEA, and 34 CFR 200.52(a)(3)(iii) and 34 CFR 
200.41(c)(5).
     Date waiver granted: February 4, 2010.
     Description of waiver: Allowed the LEA and the schools in 
the Red Clay District in Delaware that were in improvement, corrective 
action, or restructuring status to exclude all or part of the Title I, 
Part A ARRA funds when calculating their obligation to spend at least 
10 percent of fiscal year 2009 Title I, Part A funds for professional 
development.
8. Waiver Applicant: Utah Department of Education
     Provisions waived: Sections 1116(c)(7)(A)(iii) and 
1116(b)(3)(A)(iii) of the ESEA, and 34 CFR 200.52(a)(3)(iii) and 34 CFR 
200.41(c)(5).
     Date waiver granted: January 19, 2010.
     Description of waiver: Allowed LEAs and schools in Utah 
that were in improvement, corrective action, or restructuring status to 
exclude all or part of the Title I, Part A ARRA funds when calculating 
their obligation to spend at least 10 percent of fiscal year 2009 Title 
I, Part A funds for professional development.

C. Allowing an LEA To Exclude Title I, Part A Funds Received Under ARRA 
When Calculating the Per-Pupil Amount for SES

1. Waiver Applicant: Kansas Department of Education
     Provisions waived: Section 1116(e)(6) of the ESEA and 34 
CFR 200.48(c)(1).
     Date waiver granted: April 6, 2010.
     Description of waiver: Allowed LEAs in Kansas to exclude 
all or part of their Title I, Part A ARRA funds when calculating the 
per-pupil amount for SES.
2. Waiver Applicant: Minnesota Department of Education
     Provisions waived: Section 1116(e)(6) of the ESEA and 34 
CFR 200.48(c)(1).
     Date waiver granted: January 19, 2010.
     Description of waiver: Allowed LEAs in Minnesota to 
exclude all or part of their Title I, Part A ARRA funds when 
calculating the per-pupil amount for SES.
3. Waiver Applicant: Mississippi Department of Education
     Provisions waived: Section 1116(e)(6) of the ESEA and 34 
CFR 200.48(c)(1).
     Date waiver granted: May 10, 2010.
     Description of waiver: Allowed LEAs in Mississippi to 
exclude all or part of their Title I, Part A ARRA funds when 
calculating the per-pupil amount for SES.
4. Waiver Applicant: New York State Department of Education
     Provisions waived: Section 1116(e)(6) of the ESEA and 34 
CFR 200.48(c)(1).
     Date waiver granted: March 3, 2010.
     Description of waiver: Allowed LEAs in New York to exclude 
all or part of their Title I, Part A ARRA funds when calculating the 
per-pupil amount for SES.
5. Waiver Applicant: Puerto Rico Department of Education
     Provisions waived: Section 1116(e)(6) of the ESEA and 34 
CFR 200.48(c)(1).
     Date waiver granted: April 6, 2010.
     Description of waiver: Allowed the Puerto Rico LEA to 
exclude all or part of its` Title I, Part A ARRA funds when calculating 
the per-pupil amount for SES.
6. Waiver Applicant: Red Clay Consolidated School District, DE
     Provisions waived: Section 1116(e)(6) of the ESEA and 34 
CFR 200.48(c)(1).
     Date waiver granted: February 4, 2010.
     Description of waiver: Allowed the Red Clay Consolidated 
School District to exclude all or part of its Title I, Part A ARRA 
funds when calculating the per-pupil amount for SES.
7. Waiver Applicant: Texas Education Agency
     Provisions waived: Section 1116(e)(6) of the ESEA and 34 
CFR 200.48(c)(1).
     Date waiver granted: April 30, 2010.
     Description of waiver: Allowed LEAs in Texas to exclude 
all or part of their Title I, Part A ARRA funds when calculating the 
per-pupil amount for SES.
8. Waiver Applicant: Utah Department of Education
     Provisions waived: Section 1116(e)(6) of the ESEA and 34 
CFR 200.48(c)(1).
     Date waiver granted: January 19, 2010.
     Description of waiver: Allowed LEAs in Utah to exclude all 
or part of its Title I, Part A ARRA funds when calculating the per-
pupil amount for SES.

D. Authorizing an SEA To Waive the Carryover Limitation for an LEA That 
Needs an Additional Waiver Because of Its Receipt of Title I, Part A 
ARRA Funds

1. Waiver Applicant: Minnesota Department of Education
     Provisions waived: Section 1127(b) of the ESEA.
     Date waiver granted: January 19, 2010.
     Description of waiver: Authorized Minnesota to waive the 
carryover limitation more than once within three years for an LEA that 
needs a second (or third) waiver because of its receipt of Title I, 
Part A ARRA funds.
2. Waiver Applicant: Mississippi Department of Education
     Provisions waived: Section 1127(b) of the ESEA.
     Date waiver granted: May 10, 2010.
     Description of waiver: Authorized Mississippi to waive the 
carryover limitation more than once within three years for an LEA that 
needs a second (or third) waiver because of its receipt of Title I, 
Part A ARRA funds.

[[Page 71429]]

3. Waiver Applicant: Montana Department of Education
     Provisions waived: Section 1127(b) of the ESEA.
     Date waiver granted: June 23, 2010.
     Description of waiver: Authorized Montana to waive the 
carryover limitation more than once within three years for an LEA that 
needs a second (or third) waiver because of its receipt of Title I, 
Part A ARRA funds.
4. Waiver Applicant: New York State Department of Education
     Provisions waived: Section 1127(b) of the ESEA.
     Date waiver granted: March 3, 2010.
     Description of waiver: Authorized New York to waive the 
carryover limitation more than once within three years for an LEA that 
needs a second (or third) waiver because of its receipt of Title I, 
Part A ARRA funds.
5. Waiver Applicant: Red Clay Consolidated School District, DE
     Provisions waived: Section 1127(a) of the ESEA.
     Date waiver granted: February 4, 2010.
     Description of waiver: Authorized the Red Clay 
Consolidated School District in Delaware to exceed the carryover 
limitation more than once within three years if it needs a second (or 
third) waiver because of its receipt of Title I, Part A ARRA funds.
6. Waiver Applicant: Utah Department of Education
     Provisions waived: Section 1127(b) of the ESEA.
     Date waiver granted: January 19, 2010.
     Description of waiver: Authorized Utah to waive the 
carryover limitation more than once within three years for an LEA that 
needs a second (or third) waiver because of its receipt of Title I, 
Part A ARRA funds.

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 email: [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.
    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 
Systems at: www.gpo.gov/fdsys. At this site you can 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). 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: November 22, 2013.
Deborah S. Delisle,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 2013-28504 Filed 11-26-13; 8:45 am]
BILLING CODE 4000-01-P