NORTH CAROLINA DEPARTMENT OF PUBLIC INSTRUCTION REQUESTS WAIVER TO ESEA
Notice is hereby given that the North Carolina Department of Public Instruction (NCDPI) will submit a request for all applicable waivers of the Elementary and Secondary Education Act (ESEA) offered through the U.S. Department of Education's ESEA Flexibility. The waivers will provide the state with flexibility as it relates to specific requirements of the No Child Left Behind Act of 2001 (NCLB). These waivers would allow the State Education Agency (SEA), the state's local educational agencies (LEAs), and schools to better focus on improving student learning and increasing the quality of instruction.
By submitting this request, the NCDPI requests flexibility through waivers of the ESEA requirements listed below and their associated regulatory, administrative, and reporting requirements.
- The requirements in ESEA section 1111(b)(2)(E)-(H) that prescribe how
an SEA must establish annual measurable objectives (AMOs) for determining adequate
yearly progress (AYP) to ensure that all students meet or exceed the state's proficient
level of academic achievement on the state's assessments in reading/language arts
and mathematics no later than the end of the 2013–2014 school year. The
SEA requests this waiver to develop new ambitious but achievable AMOs in reading/language
arts and mathematics in order to provide meaningful goals that are used to guide
support and improvement efforts for the state, LEAs, schools, and student subgroups.
- The requirements in ESEA section 1116(b) for an LEA to identify for improvement,
corrective action, or restructuring, as appropriate, a Title I school that fails,
for two consecutive years or more, to make AYP, and for a school so identified
and its LEA to take certain improvement actions. The SEA requests this waiver
so that an LEA and its Title I schools need not comply with these requirements.
- The requirements in ESEA section 1116(c) for an SEA to identify for improvement
or corrective action, as appropriate, an LEA that, for two consecutive years or
more, fails to make AYP, and for an LEA so identified and its SEA to take certain
improvement actions. The SEA requests this waiver so that it need not comply with
these requirements with respect to its LEAs.
- The requirements in ESEA sections 6213(b) and 6224(e) that limit participation
in, and use of funds under the Small, Rural School Achievement (SRSA) and Rural
and Low-Income School (RLIS) programs based on whether an LEA has made AYP and
is complying with the requirements in ESEA section 1116. The SEA requests this
waiver so that an LEA that receives SRSA or RLIS funds may use those funds for
any authorized purpose regardless of whether the LEA makes AYP.
- The requirement in ESEA section 1114(a)(1) that a school have a poverty
percentage of 40 percent or more in order to operate a school-wide program. The
SEA requests this waiver so that an LEA may implement interventions consistent
with the turnaround principles or interventions that are based on the needs of
the students in the school and designed to enhance the entire educational program
in a school in any of its priority and focus schools, as appropriate, even if
those schools do not have a poverty percentage of 40 percent or more.
- The requirement in ESEA section 1003(a) for an SEA to distribute funds
reserved under that section only to LEAs with schools identified for improvement,
corrective action, or restructuring. The SEA requests this waiver so that it may
allocate section 1003(a) funds to its LEAs in order to serve any of the state's
priority and focus schools.
- The provision in ESEA section 1117(c)(2)(A) that authorizes an SEA to
reserve Title I, Part A funds to reward a Title I school that (1) significantly
closed the achievement gap between subgroups in the school; or (2) has exceeded
AYP for two or more consecutive years. The SEA requests this waiver so that it
may use funds reserved under ESEA section 1117(c)(2)(A) for any of the State's
- The requirements in ESEA section 2141(a), (b), and (c) for an LEA and
SEA to comply with certain requirements for improvement plans regarding highly
qualified teachers. The SEA requests this waiver to allow the SEA and its LEAs
to focus on developing and implementing more meaningful evaluation and support
- The limitations in ESEA section 6123 that limit the amount of funds an
SEA or LEA may transfer from certain ESEA programs to other ESEA programs. The
SEA requests this waiver so that it and its LEAs may transfer up to 100 percent
of the funds it receives under the authorized programs among those programs and
into Title I, Part A.
- The requirements in ESEA section 1003(g)(4) and the definition of a Tier
I school in Section I.A.3 of the School Improvement Grants (SIG) final requirements.
The SEA requests this waiver so that it may award SIG funds to an LEA to implement
one of the four SIG models in any of the state's priority schools.
- The requirements in ESEA sections 4201(b)(1)(A) and 4204(b)(2)(A) that restrict the activities provided by a community learning center under the Twenty-First Century Community Learning Centers (21st CCLC) program to activities provided only during non-school hours or periods when school is not in session (i.e., before and after school or during summer recess). The SEA requests this waiver so that 21st CCLC funds may be used to support expanded learning time during the school day in addition to activities during non-school hours or periods when school is not in session.
The state believes that the requested waiver(s) will provide educators and state and local leaders with flexibility regarding specific requirements of the No Child Left Behind Act of 2001 (NCLB) in exchange for rigorous and comprehensive state-developed plans designed to improve educational outcomes for all students, close achievement gaps, increase equity, and improve the quality of instruction. This flexibility is intended to build on and support the significant state and local reform efforts already underway in critical areas such as transitioning to college- and career-ready standards and assessments; developing systems of differentiated recognition, accountability, and support; and evaluating and supporting teacher and principal effectiveness. If approved, the waivers would be in effect beginning with the 2012-13 school years and remain in effect through the 2013-14 school year.
The public is invited to review and comment on the waivers being requested
by Oct. 26, 2011. Interested persons may present their written comments to:
Donna Brown, Section Chief
Federal Program Monitoring
Raleigh, NC 27699-6351
About the North Carolina Department of Public Instruction:
The North Carolina Department of Public Instruction provides leadership to 115 local public school districts and 160 charter schools serving over 1.5 million students in kindergarten through high school graduation. The agency is responsible for all aspects of the state's public school system and works under the direction of the North Carolina State Board of Education.
For more information:
NCDPI Communication and Information Division, 919.807.3450.