Archived Information

Assessment/Accountability

Notice of Intent to Apply for a Waiver of Certain Title I, Part A Requirements for the 2009-10 School Year and Opportunity for Comment

We believe these waivers will enhance the ability of the Commonwealth's school districts to deliver high quality instruction to students and, as a consequence, improve student academic achievement. However, please bear in mind that approval of district waivers is contingent upon certain commitments and reporting requirements, explained below. Massachusetts, in turn, will be required to submit reports to the U.S. Department of Education based on this information. Additionally, the granting of these waivers will not relieve districts of regular Title I reporting requirements, including those associated with the American Recovery and Reinvestment Act of 2009 (ARRA). By mid-September the district will be required to inform the Massachusetts Department of Elementary and Secondary Education if it elected to implement any of these waivers.

Below please find a summary of each waiver that we intend to apply for, accompanied by a short description of the applicable commitments.

Comments may be submitted via email to titlei@doe.mass.edu. Your comments, if any, must be received by the Department no later than August 5, 2009.

Waiver of 14-Day Notice Requirement for NCLB School Choice

Summary: Massachusetts intends to request a one-year waiver of the Title I, Part A requirement for local school districts to provide parents of eligible students with notice of their public school choice options at least 14 days before the start of the school year. This waiver would apply only with respect to students in schools that are newly identified for improvement for the 2009-10 school year or that could possibly have exited improvement, corrective action, or restructuring for the 2009-10 school year but did not.

Commitments: The district will comply with the 14-day notice requirement with respect to students in schools that are already identified for improvement, corrective action, or restructuring and cannot exit that status for the 2009–10 school year; comply with the requirement to provide notice of public school choice before the start of the school year; make efforts to provide notice of public school choice as early as possible and, ideally, at least 30 days before the start of the school year; and reserve a portion of the available transportation slots for students in schools who receive the later notice of the opportunity to transfer.

Waiver of the Prohibition on Approving Schools and Districts Identified for Improvement, Corrective Action, or Restructuring as SES Providers

Summary: Massachusetts intends to request a one-year waiver of the Title I, Part A regulatory provision that prohibits a State from approving as providers of supplemental educational services (SES) schools identified for improvement, corrective action, or restructuring and local school districts identified for improvement or corrective action. If approved, the waiver would allow to the Massachusetts Department of Education to issue approval to schools and/or districts that, like any prospective SES provider, follow the State's regular SES application process and meet all of the State's approval requirements.

Commitments: The district must meet all statutory and regulatory requirements related to SES in the 2009-10 school year.

Request to Allow Local School Districts to Offer SES, in Addition to NCLB School Choice, to Eligible Students in Title I Schools in the First Year of School Improvement

Summary: Massachusetts intends to request a one-year waiver to allow local school districts with one or more schools in improvement, corrective action, or restructuring to offer SES, in addition to NCLB School Choice, to eligible students in Title I schools in the first year of school improvement and to count the funds spent providing SES to eligible students in those schools toward the district's obligation to spend an amount at least equal to 20 percent of its Title I, Part A, Subpart 2 allocation on SES and choice-related transportation (20 percent obligation).

Commitments: The district must meet all statutory and regulatory requirements related to SES in the 2009-10 school year (other than the particular funding requirement being waived).

Request to Exclude Title I, Part A ARRA Funds in Determining a District's 20 Percent Obligation for Choice-Related Transportation and SES

Summary: Massachusetts intends to request a waiver for fiscal year (FY) 2010 of the requirement to determine a district's "20 percent obligation" for public school choice-related transportation and supplemental educational services (SES) based on the district's total FY 2010 Title I, Part A allocation (i.e., including both its regular Title I, Part A allocation and its Title I, Part A allocation under the American Recovery and Reinvestment Act of 2009 (ARRA)). If approved, the waiver will allow the district to exclude some or all of the Title I, Part A funds it receives under the ARRA in calculating its 20 percent obligation for choice-related transportation and SES.

Commitments: The district must meet all existing Title I grant application requirements.

Request to Exclude Title I, Part A ARRA Funds in Determining the 10 Percent Professional Development Set-Aside for a District Identified for Improvement

Summary: Massachusetts intends to request a waiver for fiscal year (FY) 2010 of the requirement for districts identified for improvement to determine a district's 10 percent professional development set-aside based on the district's total FY 2010 Title I, Part A allocation (i.e., including both its regular Title I, Part A allocation and its Title I, Part A allocation under the American Recovery and Reinvestment Act of 2009 (ARRA)). If approved, the waiver will allow districts identified for improvement to exclude some or all of the Title I, Part A funds they receive under the ARRA in calculating their 10 percent professional development set-aside.

Commitments: The district must meet all existing Title I grant application requirements.

Request to Exclude Title I, Part A ARRA Funds in Determining the 10 Percent Professional Development Set-Aside for a School Identified for Improvement

Summary: Massachusetts intends to request a waiver for fiscal year (FY) 2010 of the requirement for schools identified for improvement to determine the school's 10 percent professional development set-aside based on the total amount of funds made available to the school under section 1113 of the ESEA for FY 2010 (i.e., including funds made available from both the district's regular Title I, Part A allocation and its Title I, Part A allocation under the American Recovery and Reinvestment Act of 2009 (ARRA)). The waiver would allow Title I schools that are identified for improvement to calculate their 10 percent professional development set-aside in accordance with the following formula:

the total amount of Title I, Part A funds (ARRA and regular FY 2010) received by the school

multiplied by

the portion of the district's FY 2010 Title I, Part A allocation provided through the regular FY 2010 appropriation

divided by

the district's total FY 2010 Title I, Part A allocation, including Title I, Part A ARRA funds

multiplied by 10 percent.

Commitments: The district will ensure that all schools in improvement within the district will comply with all statutory and regulatory requirements regarding their professional development obligations with respect to the funds that are not "factored out" in accordance with the formula above; ensure that its schools use the funds freed up by the waiver to address needs identified based on data, such as Statewide or formative assessment results; and comply with all of their other Title I, Part A statutory and regulatory obligations.

Request to Exclude Title I, Part A ARRA Funds in Determining the Per-Pupil Amount for SES

Summary: Massachusetts intends to request a waiver for fiscal year (FY) 2010 of the requirement to determine the per-pupil amount for supplemental educational services (SES) based on the district's total FY 2010 Title I, Part A allocation (i.e., including both its regular Title I, Part A allocation and its Title I, Part A allocation under the American Recovery and Reinvestment Act of 2009 (ARRA)). If approved, the waiver will allow the district to exclude some or all of the Title I, Part A funds it receives under ARRA in calculating the per-pupil amount for SES.

Commitments: The district will comply with all of the statutory and regulatory requirements regarding the provision of SES with respect to its regular FY 2010 Title I, Part A allocation; and comply with all other Title I, Part A statutory and regulatory requirements (to the extent they are not waived).