Archived: Appendix A, Comparison of General Waiver Authorities

Waivers: Increased Flexibility in Exchange for Increased Accountability - September 1997

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

Appendices

APPENDIX A

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

Requirements Which May Be Waived Under The General Waiver Authorities
Goals 2000 Authority	ESEA Authority	School-to-Work Authority
Any 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	Any statutory or regulatory requirement of the ESEA, except requirements under Title VIII --Impact Aid	Any 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

Requirements Which May Be Waived Under The General Waiver Authorities

Goals 2000 Authority

ESEA Authority

School-to-Work Authority

Any 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

Any statutory or regulatory requirement of the ESEA, except requirements under Title VIII --Impact Aid

Any 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

Requirements Which May NOT Be Waived Under The General Waiver Authorities
Goals 2000 Authority ESEA Authority School-to-Work Authority

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

Requirements Which May NOT Be Waived Under The General Waiver Authorities
Goals 2000 Authority	ESEA Authority	School-to-Work Authority
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

Statutory Criteria Waiver Applicants MUST Address To Receive Waivers Under The General Waiver Authorities
Goals 2000 Authority ESEA Authority School-to-Work Authority

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
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

Statutory Criteria Waiver Applicants MUST Address To Receive Waivers Under The General Waiver Authorities
Goals 2000 Authority	ESEA Authority	School-to-Work Authority
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	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

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[Conclusion]

[Appendix B]