July 30, 2001
Honorable Steven O. Laing
Superintendent of Public Instruction
State Office of Education
250 East 500 South
Salt Lake City, Utah 84111
Dear Superintendent Laing:
I am writing to inform you that the U.S. Department of Education is granting a waiver of timeline to the Utah State Office of Education in order to give the State additional time to meet the assessment requirements of Title I of the Elementary and Secondary Education Act. This waiver is for the 2001-2002 school year and will expire on June 30, 2002.
The waiver is intended to allow Utah time to develop secondary-level English/language arts performance standards, and to produce:
- participation data from the 2001-2002 administration of the State assessment confirming the inclusion of students with disabilities and limited proficiency in English,
- evidence that the Title I accountability system includes results from alternate assessments and out-of-level testing, and
- disaggregated reports of test results by all groups required by statute, particularly reports for migrant students and a comparison of disabled to non-disabled students.
The waiver will permit Utah to continue receiving Title I funds while conducting the activities needed to produce the items noted above. Before the waiver expires, Utah must provide the Department with evidence that the State Office of Education has completed developing the secondary-level English/language arts performance standards and evidence that it has complied with the requirements for inclusion and reporting.
Please understand that this waiver of timeline for Utah's assessment system for Title I is not a determination that the system complies with Federal civil rights requirements, including 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, Title II of the Americans with Disabilities Act, and requirements under the Individuals with Disabilities Education Act.
We look forward to Utah's submission of evidence warranting full approval.
Susan B. Neuman, Ed.D