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

The Charter Schools Waiver Authority

What waivers may be granted under the charter schools waiver authority of the ESEA?

The Secretary has broad authority under Part C of Title X of the ESEA to waive requirements applicable to public charter schools. The Secretary may waive any statutory or regulatory requirement over which he exercises administrative authority except those requirements relating to the elements of a charter school described in section 10306(1) of the ESEA, if the waiver is requested in an "approved application," and the Secretary determines that granting the waiver will promote the purposes of the ESEA charter schools provisions.⁽¹⁰⁾

What are the specific requirements that may not be waived under the charter schools waiver authority?

Under the charter schools waiver authority, any requirement relating to the elements of a charter school described in section 10306(1) of the ESEA may not be waived. In particular, a charter school must be a non-sectarian public school that does not charge tuition. It must comply with the Age Discrimination Act of 1975, Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, section 504 of the Rehabilitation Act of 1973, and Part B of the Individuals with Disabilities Education Act. In addition, a charter school may not obtain waivers of requirements of the Americans with Disabilities Act.

What is meant by requiring the waiver requests to be included in an "approved application"?

To be considered by the Secretary, waiver requests must be included in a charter schools application of an SEA (or other eligible applicant) that is approved for funding by the Secretary. An SEA that receives funding under the ESEA charter schools provisions may request waivers on behalf of charter schools that receive a subgrant under this authority, as well as on behalf of other charter schools in the State. The waivers may be requested in either the SEA's original charter schools application or in an amended application. An SEA may amend its application simply by sending the Secretary a request for waivers not sought previously.

Who is eligible to submit an application for funding to the Secretary under the charter schools program?

In the initial competition, SEAs were eligible to apply to the Secretary for funding under the Public Charter Schools Program. If an SEA elected not to apply or applied and did not receive funding, "eligible applicants" within that State, as defined in section 10306(3) of the ESEA, could apply directly to the Secretary.

What entities are eligible for waivers under the charter schools program?

The entities eligible to receive waivers under the charter schools waiver authority are: charter schools receiving funding under this program from an SEA whose application is approved by the Secretary; other charter schools in a State whose application is approved by the Secretary, if the schools meet the definition of charter schools contained in section 10306(1) of the ESEA; and charter schools that receive funding under this program directly from the Secretary.

What requirements govern waiver requests under the charter schools provisions?

For waivers to be considered by the Secretary, a charter schools application must contain: (1) a request and justification for waivers of any Federal statutory or regulatory provisions that the applicant believes would facilitate the successful operation of the charter school; and (2) a description of any State or local rules, generally applicable to public schools, that will be waived for, or otherwise not apply to, the school. The requested waiver also must promote the purposes of the ESEA charter schools provisions.

What notice requirements govern requests for waivers under the charter schools waiver authority?

Although the charter schools provisions do not expressly require an SEA or other eligible applicant to provide the public with notice and an opportunity to comment on waiver requests, the Secretary encourages applicants to do so.

What is the duration of a waiver under the charter schools waiver authority?

Waivers will initially be granted for up to three years. The Secretary may extend this period if he determines that the waivers have enabled the charter schools to achieve their objectives and if continuation is in the public interest. On the other hand, the Secretary may terminate any waivers if he determines that the results obtained are no longer adequate to justify continuation or if the waivers are no longer needed to achieve their original purposes.

Foot Notes:

10.See ESEA Section 10304(e).

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