A r c h i v e d  I n f o r m a t i o n

Waiver Guidance for Waivers Available under the Goals 2000: Educate America Act, Elementary and Secondary Education Act, School-to-Work Opportunities Act

U.S. Department of Education

October 1998
(as updated in May 2000)

OMB Clearance No. 1880-0531
Expires October, 2001

Table of Contents

• Introduction

• Comparison of the General Waiver Provisions in the Goals 2000: Educate America Act, the Elementary and Secondary Education Act, and the School-to-Work Opportunities Act

  • What requirements do the general waiver authorities cover?
  • For what period may waivers be granted?
  • What requirements may not be waived under the general waiver authorities?
  • Who may apply for a waiver?
  • What are the reporting requirements of the waiver recipient?
  • What information must be included in a waiver application?

• Preparing Waiver Requests

  • Identify the statutory or regulatory requirements for which a waiver is requested
  • Describe why the waiver is needed to improve student performance and what goals would be achieved under the waiver
  • Describe how progress that results from implementing the waiver would be measured
  • Describe how interested parties were notified of the waiver request
  • Describe how similar State requirements would be waived
• Questions and Answers about Waivers
  • The General Waiver Authorities in Goals 2000, the ESEA, and the School-to-Work Opportunities Act
    • What statutory and regulatory requirements may be waived under the three general waiver authorities?
    • Are there certain statutory or regulatory requirements that may not be waived?
    • Who is eligible to apply for a waiver?
    • How do the general waivers authorities under Goals 2000, the ESEA, and School-to-Work relate to waivers under the Goals 2000 Education Flexibility Partnership Demonstration (ed-Flex) Program?
  • Application Requirements
    • Is there a specific waivers application form?
    • What kind of supporting documentation must be submitted with a waiver request?
    • Is there a deadline for submitting waivers requests?
    • Is a waiver applicant required to obtain State approval before its waiver request is submitted to the Department?
    • What does the State or SEA review process entail?
  • The Title I Desegregation Waiver Authority
    • What is the scope of the Tilte I desegregation waiver authority?
    • Who may apply for a waiver under the Title I desegregation waiver authority?
    • What statutory criterion governs Title I desegration waiver requests?
    • What information should a district include in its waiver request in order to demonstrate that the statutory criterion has been met?
    • Should a district seek public comment on its Title I desegregation waive request?
    • May a district whose schools are operating under a voluntary desegregation plan seek a vaiver of the Title I eligibility and allocation provision (i.e., ESEA sections 1113(a) and (c))?
  • The Charter Schools Waiver Authority
    • What waivers may be granted under the charter schools waiver authority of the ESEA?
    • What are the specific requirements that may not be waived under the charter schools waiver authority?
    • What is meant by requiring the waiver requests to be included in an "approved application"?
    • Who is eligible to submit an application for funding to the Secretary under the charter schools program?
    • What entities are eligible for waivers under the Public Charter Schools Program?
    • What requirements govern waiver requests under the charter schools provisions?
    • What notice requirements govern request for waivers under the charter schools waiver authority?
    • What is the duration of a waiver under the charter schools waiver authority?
  • U.S. Department of Education Review of Waiver Requests
    • How does the Department review waiver requests?
    • How long will it take the Department to review a waiver request?
    • May the Department approve part of a waiver request?
    • Where to submit requests for a waivers and how to obtain assistance?

  • Appendix A: States with approved Goals 2000 State Plans, states participating in Goals 2000 via the alternative submission process, and states with approved State School-to-Work plans

  • Appendix B: A Guide for Preparing Title I Schoolwide and Targeting Waiver Requests

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