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

The Title I Desegregation Waiver Authority

What is the scope of the Title I desegregation waiver authority?

The Title I desegregation waiver authority -- section 1113(a)(7) of the ESEA -- permits the Secretary to waive, under certain circumstances, the requirements of section 1113(a) and section 1113(c) of the ESEA for school districts operating under particular desegregation plans. These requirements govern the identification and selection of eligible Title I attendance areas and schools, and the allocation of Title I funds to participating school attendance areas and schools.⁽⁹⁾

Who may apply for a waiver under the Title I desegregation waiver authority?

A school district is eligible to apply for a waiver under the desegregation waiver authority if it has one or more schools:

• operating under a State-ordered or court-ordered desegregation plan or a plan that continues to be implemented in accordance with a State-ordered or court-ordered desegregation plan; and

• in which the number of children from low-income families in such schools is at least 25 percent of the school's total enrollment.

An SEA may also apply on behalf of an eligible school district.

What statutory criterion governs Title I desegregation waiver requests?

In order to be granted a Title I desegregation waiver, the eligible district must demonstrate that approval of the waiver would further the purposes of Part A of Title I of the ESEA.

What information should a district include in its Title I Desegregation waiver request in order to demonstrate that the statutory criterion has been met?

A district is encouraged to include the following information in a Title I desegregation waiver request:

• Identification of the school or schools for which the waiver is requested.

• A copy of the district's ranking of school attendance areas and schools, indicating which schools the district would fund if the waiver is granted and which schools the district would fund absent a waiver.

• A brief explanation of the district's desegregation plan (indicating the date of the plan and whether it is State-ordered or court-ordered, or continues to be implemented in accordance with a State-ordered or court-ordered plan), how the desegregation plan affects the schools for which the waiver is requested (including, if available, the plan's impact on the concentrations of poverty in those schools), and how the plan would be furthered by the waiver.

• An explanation of the educational justification supporting the waiver request, including measurable educational improvement goals and expected outcomes for affected students and the methods to be used to measure progress in meeting those goals and outcomes.

• If the district proposes to skip eligible schools in order to serve schools under a waiver, an explanation of why the waiver would further the purposes of the Title I program to serve the schools for which the waiver is requested, rather than the schools that would be skipped, including a description of the services to be provided and the number of children who would benefit.

• If the district is requesting a waiver of Section 1113(c), the per pupil amount(s) the district intends to allocate to the schools for which the waiver is requested and the per pupil amount(s) the district intends to allocate to its other schools.

• An explanation of how the district will continue to ensure the equitable participation of eligible private school children if the waiver is granted, including a description of how it consulted with private school officials in the development of the waiver request.

Should a district seek public comment on its Title I desegregation request?

The Secretary encourages all eligible districts, in preparing their requests, to seek comments from interested parties, including the SEA and private school officials, if appropriate.

May a district whose schools are operating under a voluntary desegregation plan seek a waiver of the Title I eligibility and allocation provisions (i.e., ESEA Sections 1113(a) and (c))?

A district whose schools are operating under a voluntary desegregation plan, rather than a State- or court-ordered plan, is not eligible to seek a waiver under the desegregation waiver authority in ESEA Section 1113(a)(7). However, such a district may apply for a waiver under the Title XIV general waiver authority, assuming that it meets the criteria in ESEA Section 14401.

Foot Notes:

9.For more information on the Title I desegregation waiver authority, see 60 Federal Register 52818 (Oct. 10, 1995).

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