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[Preparing Waiver Requests ]| WHAT REQUIREMENTS DO THE GENERAL WAIVER AUTHORITIES COVER? | ||
| GOALS 2000 | ESEA | SCHOOL-TO-WORK |
Most statutory or regulatory requirement of the following programs: ESEA Title I -- Helping Disadvantaged Children Meet High Standards ESEA Title II -- Eisenhower Professional Development ESEA Title IV -- Safe and Drug-Free Schools and Communities ESEA Title VI -- Innovative Education Program Strategies ESEA Title VII, Part C -- Emergency Immigrant Education The Carl D. Perkins Vocational and Applied Technology Education Act |
Most statutory or regulatory requirement of the ESEA, except requirements under Title VIII -- Impact Aid | Most statutory or regulatory requirement of the following programs:
ESEA Title I -- Helping Disadvantaged Children Meet High Standards ESEA Title II -- Eisenhower Professional Development ESEA Title IV -- Safe and Drug-Free Schools and Communities ESEA Title VI -- Innovative Education Program Strategies ESEA Title VII, Part C -- Emergency Immigrant Education The Carl D. Perkins Vocational and Applied Technology Education Act The School-to-Work Act also permits the Secretary of Labor to waive certain requirements of the Job Training Partnership Act(5) |
| FOR WHAT PERIOD MAY WAIVERS BE GRANTED? | ||
| GOALS 2000 | ESEA | SCHOOL-TO-WORK |
| Up to 4 years
May be extended if waiver has been effective in enabling State or affected LEAs to carry out reform plans May be terminated if performance of SEA, LEA, or school affected by waiver is inadequate to justify continuation |
Up to 3 years
May be extended if waiver has been effective in enabling recipient to carry out activities for which waiver was requested, waiver has contributed to improved student performance, and is in public interest May be terminated if performance of State or other recipient has been inadequate to justify continuation or if it is no longer necessary to achieve original purposes |
Up to 5 years
May be extended if waiver has been effective in enabling State or partnership to carry out purposes of STW Act May be terminated if performance of State, partnership, or LEA affected by waiver has been inadequate to justify continuation, or if State fails to waive similar requirements of State law as required or agreed to |
| WHAT REQUIREMENTS MAY NOT BE WAIVED UNDER THE GENERAL WAIVER AUTHORITIES? | ||
| GOALS 2000 | ESEA | SCHOOL-TO-WORK |
| Requirements of the previously-listed programs relating to:
Maintenance of effort Comparability Equitable participation of students and staff in private schools Parental participation and involvement Distribution of funds to States and LEAs Civil rights requirements and health and safety requirements |
Requirements of the ESEA relating to:
Maintenance of effort Comparability Equitable participation of students and teachers in private schools Parental participation and involvement Distribution of funds to States, LEAs, or other recipients Civil rights requirements and health and safety requirements Supplement, not supplant Title X, Part C charter school requirement Prohibitions regarding State aid or use of funds for religious worship or instruction |
Requirements of the previously-listed programs relating to:
Maintenance of effort Comparability Equitable participation of students in private schools Student and parental participation and involvement Distribution of funds to States and LEAs Public health or safety, labor standards, civil rights, occupational safety or health, environmental protection Eligibility of an individual for participation in a program Prohibitions or restrictions regarding construction Requirements relating to basic purposes or goals of program |
| WHO MAY APPLY FOR A WAIVER? | ||
| GOALS 2000 | ESEA | SCHOOL-TO-WORK |
| The following entities may apply for a waiver if the State has an approved Goals 2000 State plan or if the State participates in Goals 2000 through the alternative submission process authorized in 1996:(6)
SEA acting on its own behalf SEA on behalf of an LEA or school that receives funds under Title III of Goals 2000, if SEA approves waiver request SEA on behalf of an LEA or school with reform efforts comparable to Section 306 activities, if SEA approves waiver request |
The following entities may apply for an ESEA waiver:
SEA acting on its own behalf SEA on behalf of LEA or school LEA on its own behalf, after SEA has had opportunity to comment LEA on behalf of a school, after SEA has had opportunity to comment Indian tribe on behalf of schools operated by tribe |
The following entities may apply for a waiver if the State has an approved School-to-Work State plan:(7)
State acting on its own behalf State on behalf of local partnership Local partnership, if State fails to make determination to submit or not to submit request within 30 days of receiving application |
| WHAT ARE THE REPORTING REQUIREMENTS OF THE WAIVER RECIPIENT? | ||
| GOALS 2000 | ESEA | SCHOOL-TO-WORK |
| No specific requirements | LEA that receives waiver submits a report to SEA at end of second year, and each subsequent year; SEA submits annual report to Secretary based on LEA reports
Indian tribe submits annual report to Secretary |
No specific requirements |
| WHAT INFORMATION MUST BE INCLUDED IN A WAIVER APPLICATION? | ||
| GOALS 2000 | ESEA | SCHOOL-TO-WORK |
| Identification of the requirements requested to be waived and goals recipient intends to achieve, including demonstration that the requirements impede ability to carry out State or local improvement plan
Description of action SEA has taken to remove State barriers identified in LEA applications for waivers, including agreement to waive similar requirements of State law Description of the goals of waiver and expected programmatic results, and a timetable for implementation of the waiver Description of the number and types of students impacted by the waiver Description of the process for SEA monitoring, on biannual basis, the progress in implementing the waiver For statewide waivers, assurance that SEA has provided LEAs and parent organizations opportunity to comment, and submission of any LEA comments to Secretary For LEA waivers, assurance that parents, community groups, and advocacy or civil rights groups were provided opportunity to comment |
Identification of the Federal programs affected
Description of the requirements to be waived and how waivers would increase quality of instruction or improve academic performance If applicable, description of which similar State and local requirements would be waived, and how waivers would help achieve stated objectives Description of specific, measurable educational improvement goals and expected outcomes for all affected students Description of how schools would continue to provide assistance to same populations served by programs for which waivers are requested Description of methods to be used to measure progress in meeting goals and outcomes For SEA seeking waiver on its own behalf, assurance that interested LEAs and the public were provided reasonable opportunity to comment on request, and submission of LEA comments For LEAs or schools seeking waivers, assurance that SEA had opportunity to review request, and submission of any SEA comments. Also, assurance that public was provided opportunity to comment on the request |
Identification of specific requirements to be waived, including demonstration that requirements impede ability to carry out STW Act
Assurance that State waives, or agrees to waive, similar requirements of State law Description of specific, positive outcomes expected from waiver, and why outcomes cannot be achieved while complying with requirement Identification of the amount of State resources that would be used to implement School-to-Work plan Description of process to be used in monitoring progress in implementing waiver Assurance that State has provided relevant partnerships and LEAs with opportunity to comment on State request Assurance that State has provided, to extent feasible, students, parents, advocacy and civil rights groups, and labor and business organizations opportunity to comment on State request Comments of partnerships and LEAs concerning the waiver request |
4.Section 311 of the Goals 2000: Educate America Act; Section 14401 of the Elementary and Secondary Education Act of 1965 as amended; Sections 501 and 502 of the School-to-Work Opportunities Act.
5.For information about waivers of requirements of the Job Training Partnership Act, call the School-to-Work Opportunities Office at (202) 401-6222.
6.SeeAppendixfor a list of states with approved Goals 2000 State plans and states participating in Goals 2000 via the alternative submission process authorized under the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (i.e., states that have submitted both assurances that they have education reform plans that meet the requirements of the Goals 2000 legislation and corresponding time lines and benchmarks for measuring progress).
7.SeeAppendixfor a list of states with approved State School-to-Work plans.
[Introduction ][Preparing Waiver Requests ]