Office of Accountability

To: District Superintendents
Superintendents of Public Schools
Charter Schools Administrators
Title I Coordinators
From: Roberto Reyes, State Title I Director
Date: September 3, 2010
Subject: Requests for Waivers of the Prohibition on Approving a School or LEA Identified for Improvement, Corrective Action, or Restructuring ("Identified School or LEA") as an SES Provider

In July 2009, Education Secretary Arne Duncan issued Non-Regulatory Guidance on Title I, Part A Waivers intended to provide comprehensive information on how states may request waivers of specific statutory and regulatory provisions of Title I, Part A of the Elementary and Secondary Education Act of 1965 (ESEA) of 1965.

After a careful review of the Non-Regulatory Guidance on Title I, Part A Waivers and discussion with our statewide Committee of Practitioners, the Department has decided to request the extension of the following waiver on behalf of all New York State LEAs:

  • Waiver of the prohibition on approving a district or school identified for improvement, corrective action, or restructuring ("identified school or LEA") as an SES provider for the 2010-2011 school year (34 C.F.R. § 200.47(b)(1)(iv)(A), (B)).

Notice and Comments Requirements:

As a condition of applying for this waiver, an entity must demonstrate that it has complied with the notice-and-comment requirements for a waiver request. In the case of a waiver request submitted by an SEA, prior to submitting its request, the SEA must provide all interested LEAs in the State with notice and a reasonable opportunity to comment on the request (ESEA section 9401(b)(3)(A)(i)). The SEA must submit all comments it receives from those LEAs to the Secretary along with its waiver request (ESEA section 9401(b)(3)(A)(ii)). The Secretary will consider these comments when determining whether to grant the waiver request. The SEA must also provide notice and information regarding the waiver request to the public in the manner in which the SEA customarily provides such notice and information to the public (ESEA section 9401(b)(3)(A)(iii)), such as through a public website.

The April 1, 2009 letter and the Non-Regulatory Guidance on Title I, Part A Waivers are available on-line at the following web addresses along with links to Section A of the Department’s Non-Regulatory Guidance on Title I, Part A Waivers and the USDOE letter from Zollie Stevenson, Director of Student Achievement and School Accountability Programs:

As required by Section 9401 of the ESEA, the purpose of this memo is to provide all LEAs with notice of and opportunity to comment on the proposed waiver to be requested. Comments may be submitted via email, fax, or mail by September 17, 2010. Email submissions should be addressed to the following email: WAIVERSES@MAIL.NYSED.GOV. All other submissions should be addressed to the attention of:

Roberto Reyes, Director
State Title I School and Community Services
Education Building Annex, Room 365
Albany, NY 12234
Fax: (518) 486-1762

Thank you for your attention to this request.

cc: Ira Schwartz

Last Updated: March 20, 2014