[Federal Register: September 20, 1996 (Volume 61, Number 184)]
[Page 49441-49442]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Notice Establishing Deadlines for the Submission of Waiver 

SUMMARY: In this notice, the Acting Deputy Secretary establishes 
deadlines for the submission of waiver requests under sections 14401 
and 1113(a)(7) of the Elementary and Secondary Education Act of 1965 
(ESEA), section 311(a) of the Goals 2000: Educate America Act, and 
section 502 of the School-to-Work Opportunities Act of 1994.

DEADLINES: Requests for waivers that would be implemented in the 
semester immediately following January 1, 1997 must be submitted no 
later than November 1, 1996.
    Requests for waivers that would be implemented in the beginning of 
the 1997-98 school year must be submitted no later than May 1, 1997.
    Waiver applicants are encouraged to submit their waiver requests as 
early as possible and not wait until these deadlines to seek waivers. 
The requests will be reviewed upon receipt.
    For purposes of this notice, the submission date is the date that 
the waiver request is received by the U.S. Department of Education 
(Department) in substantially approvable form. A waiver request is 
considered to be in substantially approvable form when it has 
adequately addressed the statutory criteria as described in the 
Department's waiver guidance.
    Exceptions to the deadlines will be considered only if the 
applicant demonstrates that the requested waiver would not disrupt 
ongoing school-level activities.

BACKGROUND: The reauthorized ESEA, the Goals 2000: Educate America Act, 
and the School-to-Work Opportunities Act provide State educational 
agencies, school districts, and other eligible applicants with 
opportunities to seek waivers of certain requirements of Federal 
education programs in order to improve school effectiveness and 
academic achievement. Waivers granted under these authorities should be 
part of overall school improvement efforts and promote improved 
teaching and learning. As of September 9, 1996, 129 waiver requests had 
been approved by the Department. The provisions waived have included 
requirements governing the statutory poverty threshold for implementing 
schoolwide programs under Title I of the ESEA; within-district 
allocations of Title I, Part A funds; the proportion of funds devoted 
to professional development in mathematics and science and other core 
subject areas under Title II of the ESEA; the consolidation of 
administrative funds under Title XIV of the ESEA; and the formation of 
consortia under the Perkins Vocational and Applied Technology Education 
    During the period a waiver is under review by the Department, a 
waiver applicant must continue to comply with the requirement that is 
the subject of the waiver request. If a request is submitted close to 
the date an applicant desires to implement the waiver, the Department 
may be unable to review the request before the desired implementation 
date and/or the applicant may have insufficient time to make the 
adjustments necessary to effectively implement the waiver if one is 
granted. Thus, the Department has found it necessary to establish 
specific deadlines for the submission of waiver requests.

[[Page 49442]]

FOR FURTHER INFORMATION CONTACT: Collette Roney at the Department's 
Waiver Assistance Line, (202) 401-7801. Copies of the Department's 
updated waiver guidance are available at this number. The guidance and 
other information on flexibility is also available at the Department's 
World Wide Web site at http://www.ed.gov/flexibility.
    Individuals who use a telecommunications device for the deaf (TDD) 
may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 
between 8 a.m. and 8 p.m., Eastern time, Monday through Friday.

    Dated: September 16, 1996.
Marshall S. Smith,
Acting Deputy Secretary.
[FR Doc. 96-24109 Filed 9-19-96; 8:45 am]