[Comparison of the General Waiver Provisions... ]With the enactment of three laws in 1994 -- the Goals 2000: Educate America Act, the School-to-Work Opportunities Act, and the reauthorized Elementary and Secondary Education Act (ESEA),1States, school districts, and schools now have much more flexibility in how they can use Federal education dollars and other resources to improve teaching and learning and to make progress toward achieving the National Education Goals. This legislative framework promotes effective education reform efforts based on challenging academic standards for all students and encourages educators to adapt Federally funded programs to address local needs with locally designed solutions. It also stresses accountability for improving student academic achievement and strengthening school improvement efforts through building local partnerships with parents, businesses and school communities.
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In a small, rural school district, a schoolwide planning team composed of teachers, parents, the school principal, and other school staff conducted a thorough needs assessment at a particular elementary school. Based on the results of this needs assessment, the team determined that the school would be able to use its Federal funds more effectively as a schoolwide program. Subsequently, the district requested and was granted a waiver of section 1114(a)(1)(B) of the ESEA, allowing the elementary school to use Title I funds to implement a schoolwide program, even though the school's poverty rate is three percentage points below the statutory poverty threshold for implementing schoolwide programs. |
Two aspects of these laws offer enhanced flexibility to educators, parents, and others in developing and implementing comprehensive education improvement plans. The first consists of opportunities for increased flexibility written directly into the legislation. For example, under the reauthorized ESEA, schools operating Title I schoolwide programs may now combine most of their Federal education program funds, not just their Title I funds, to support comprehensive school reform that helps all students in the schools learn core academic subjects and perform at high levels of academic achievement. In addition, States and school districts may submit a single plan for most Federal funds supporting elementary and secondary education and may consolidate administrative funds under Title I and certain other programs. Moreover, districts, schools, and/or consortia of schools may use up to five percent of their ESEA funds to carry out coordinated services projects to meet the needs of students and their families.
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EXAMPLE Under the Goals 2000 waiver authority, a State Department of Education was granted a four-year waiver of certain regulations that apply to the Carl D. Perkins Vocational and Applied Technology Education Act. The waiver allows regional consortia of school districts and community colleges to qualify for and receive Federal funds under Title II-C of the Perkins Act. The waiver supports the State's Goals 2000 plan to link its elementary and secondary school reform efforts with higher education and school-to-work programs. |
The second aspect of the new flexibility pertains to the waiver provisions in Goals 2000, the ESEA, and the School-to-Work Opportunities Act.2Even with the increased flexibility afforded by these acts, Federal requirements, in certain cases, may hinder effective innovation and needed improvement. The general waiver provisions in these acts allow the Secretary of Education to waive requirements of most ESEA programs and requirements of the Carl D. Perkins Vocational and Applied Technology Education Act if they impede school improvement efforts.3The U.S. Department of Education encourages States, school districts, School-to-Work partnerships, and other eligible entities to seek waivers if, while assessing their educational programs and planning for school improvement, they conclude that a waiver of Federal requirements would support their efforts to improve teaching and learning.
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EXAMPLE A school district received a waiver in order to complete a longitudinal study of the effectiveness of the Title I program at one of its lower poverty eligible elementary schools while also concentrating Title I funds in its higher poverty schools. With the waiver of section 1113(c)(1) of the ESEA, the district will provide this elementary school with the additional Title I funds it needs for the final year of the study. |
This document, which focuses primarily on the general waiver provisions in Goals 2000, the reauthorized ESEA, and the School-to-Work Opportunities Act, is structured to direct waiver applicants through the process of requesting a waiver. The charts included in the next section provide an overview of the three general waiver authorities and highlight differences among them. Potential applicants may use these charts to determine which waiver authority may best meet their particular needs. For instance, waivers may be granted for four years under the Goals 2000 waiver authority, as opposed to three years under the ESEA. School districts may apply directly to the Department for waivers under the ESEA, whereas under Goals 2000, SEAs must apply on behalf of districts. Waivers of the Perkins Act may be requested under Goals 2000 and School-to-Work, but not ESEA. The section entitled "Preparing Waiver Requests" defines and provides examples of key elements of persuasive waiver requests. Finally, the last section, a series of questions and answers about waivers, elaborates on the information provided in earlier sections. U.S. Department of Education staff are prepared to assist States, school districts, and other potential waiver applicants as they explore how legislative provisions apply to them and whether a waiver would help strengthen their educational programs. For additional information on waivers and how to apply, please contact the relevant program office or the U.S. Department of Education'sWaiver Assistance Line at (202) 401-7801 or 1-800-USA-LEARN. This guidance is also available in the Department's on-line library at http://www.ed.gov/flexibility.
Foot Notes:
1.Goals 2000: Educate America Act, P.L. 103-227 (Mar. 31, 1994) (20 USC 5801et seq.); School-to-Work Opportunities Act, P.L. 103-239 (May 4, 1994) (20 USC 6101et seq.); the Elementary and Secondary Education Act, as reauthorized by the Improving America's Schools Act of 1994 (IASA), P.L. 103-382 (Oct. 20, 1994) (20 USC 6301et seq.).
2.The general waiver authorities are contained in section 311 of the Goals 2000: Educate America Act, section 14401 of the reauthorized ESEA, and sections 501 and 502 of the School-to-Work Opportunities Act.
3.There are separate statutory waiver authorities applicable to the ESEA Public Charter Schools Program, certain maintenance of effort requirements, and the Title I requirements of certain school districts operating under desegregation plans. Seepages 15and19-22for more detailed descriptions of these waiver authorities.
[Table of Contents ][Comparison of the General Waiver Provisions... ]