Waiver Guidance and Policy

• The Department's Waiver Guidance describes the waiver provisions in detail, gives instructions on how to apply for a waiver, and provides examples of waivers.

Federal Register Notices on Waivers Granted

• January 1999 through December 1999 (FRN dated May 2, 2000)
• January 1998 through December 1998 (FRN dated June 10, 1999)
• July 1997 through December 1997 (FRN dated March 30, 1998)
• January 1997 through June 1997 (FRN dated September 4, 1997)
• January 1996 through June 1996 (FRN dated August 13, 1996)
• July 1995 through December 1995 (FRN dated March 22, 1996)
• July 1994 through June 1995 (FRN dated August 25, 1995)

Examples of Waivers Granted by the U.S. Department of Education

• The Technology Literacy Challenge Program in Title III of the ESEA provides funds for acquiring technology and gives funding priority to high-poverty school districts and to school districts with the least access to technology. A waiver of certain Title III provisions permits the Oregon Department of Education to use Title III funds to make planning grants to school districts with the fewest technology resources in order to support these school districts' efforts to develop comprehensive, long-range technology plans -- a move the State believes will increase the number and quality of technology plans implemented under Title III.

• The Kentucky Department of Education received a waiver that aligns the accountability schedules under ESEA Title I with the requirements of the state's accountability system. For evaluating school district and school performance, Title I requires states to collect data on student achievement for two consecutive years, while the Kentucky Instructional Results Information System is based on the average of two years of achievement data. The waiver supports the purposes of Title I by linking Title I accountability to challenging state standards and assessments that apply to all children.

• Kealakehe Intermediate School in Hawaii was granted a waiver to implement a schoolwide program, even though the poverty rate at the school is 47% and below the statutory threshold for implementing schoolwide programs. Through a schoolwide needs assessment, the school identified writing and literacy skills as the primary areas of need for its students and developed a "reading through writing" strategy to help address those needs. The school will develop specialized writing standards and assessments for its students, create a format for student writing portfolios, establish a writing center, and establish a parent volunteer program. In addition, as a schoolwide program, Kealakehe School will train teachers in all subject areas to better integrate writing into their classes.

• The Missouri Department of Elementary and Secondary Education was granted a waiver that allows school districts in Missouri to use additional Eisenhower Professional Development funds in core subject areas other than math and science. Missouri based its waiver request on student scores on the Missouri Mastery and Achievement Tests (MMAT) for grades 3, 6, 8, and 10. From 1993 to 1995, at all four grade levels tested, a larger proportion of students scored in the lowest quintile in reading and social studies than in mathematics and science. In addition, a smaller proportion of students scored in the highest quintile in reading and social studies than in mathematics and science. Under the waiver, Missouri will use MMAT results to measure progress toward improving student achievement in reading and social studies and to ensure that student achievement levels in mathematics and science do not decline.

• In Palm Beach County School District, Florida a waiver allows the district to provide Title I services at one additional elementary school that has been identified as a low performing school. Without the waiver, the district could not provide Title I services at Poinciana Elementary School without also serving seven other schools with slightly higher poverty rates and, as a result, diluting the amount of Title I funds given to the district's highest poverty schools.