SBE Notice of Request To Waive Sections of ESEA

May 15, 2012

NOTICE OF REQUEST TO WAIVE SECTION 1116(b) AND (c) OF THE
ELEMENTARY AND SECONDARY EDUCATION ACT

Request for comment on California requesting the U.S. Department of Education to waive subsection 1116(b) and (c) of the Elementary and Secondary Education Act (ESEA) for the 2012–13 and 2013–14 academic years.

Notice is hereby given that California will request the U.S. Department of Education (ED) to waive the ESEA subsection 1116(b) and (c) with the exceptions of 1116(b)(13); and 1116(c)(4). ESEA subsection 1116(b) and (c) mandate identification of improvement for schools and local educational agencies (LEAs) that do not meet the Adequate Yearly Progress (AYP) criteria for two consecutive years and require specific sanctions of the identified schools and LEAs while they are identified for improvement, corrective actions, or restructuring. The specific sanctions include Title I professional development, school-choice transportation, and supplemental educational services.

Subsection 1116(b)(13) permits a child who transferred to another school under this subsection to remain in that school until the children has completed the highest grade in that school; subsection 1116(c)(4) allows the state to choose to review the progress of only Title I served students in a targeted assistance school.

The purpose of this public notice is to notify you of the opportunity to submit written comment on the request to the ED to waive both the mandate for identification of improvement and the subsequent required sanctions including Title I professional development, school-choice transportation, and supplemental educational services.

All comments regarding the request for waiver must be submitted to Jeff Breshears, Administrator I, Title I Policy and Program Guidance Office, by e-mail at TitleI@cde.ca.gov by noon on Friday, May 25, 2012.

The waiver request can be reviewed at http://www.cde.ca.gov/be/pn/pn/documents/eseawaiverletter20120607.doc.