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[ Application Requirements ]
Goals 2000: Subject to the limitations discussed below, a State with an approved Goals 2000 State Plan or a State that participates in Goals 2000 through the alternative submission process authorized in 1996 may apply under the Goals 2000 waiver authority for a waiver of statutory or regulatory requirements of the following programs:
The Secretary may waive not only program-specific requirements, but also requirements under the General Education Provisions Act (GEPA)(11) and the Education Department General Administrative Regulations (EDGAR)(12) applicable to the enumerated programs or acts. The Secretary has determined, however, that the requirements of the Family Educational Rights and Privacy Act (FERPA) (section 444 of GEPA) and the Protection of Pupil Rights Act (PPRA) (section 445 of GEPA) may not be waived.
School-to-Work: Subject to the limitations discussed below, a State with an approved State School-to-Work Plan may apply under the School-to-Work waiver authority for a waiver of the statutory or regulatory requirements of the same programs or acts subject to Goals 2000 waivers:
Similar to Goals 2000, both program-specific requirements as well as GEPA and EDGAR requirements (except for FERPA and PPRA) may be waived under the School-to- Work waiver authority.
The School-to-Work Act also authorizes the Secretary of Labor, subject to the conditions in Section 503 of the School-to-Work Opportunities Act, to waive any requirement under any provision of the Job Training Partnership Act (JTPA), including regulations issued under these provisions. For more information about such waivers, contact the School-to-Work Opportunities Office at (202) 401-6222.
ESEA: Under the ESEA general waiver authority, subject to the restrictions noted below, any statutory or regulatory requirement of the ESEA may be waived, except for provisions under Title VIII -- Impact Aid. The ESEA waiver authority also extends to GEPA and EDGAR requirements (except for FERPA and PPRA) applicable to the ESEA programs.
Note: There are separate ESEA provisions governing the waivers of certain requirements applicable to schools operating under State- or court-ordered desegregation plans and to charter schools. (These provisions are discussed separately in this guidance. See pages 19-22.) There are also separate waiver provisions pertaining to certain maintenance of effort requirements. (13)
Are there certain statutory or regulatory requirements that may not be waived?
For each of the general waiver authorities, certain requirements may not be waived. These requirements are detailed in the chart on page 5 of this guidance.
Who is eligible to apply for a waiver?
Eligibility to apply for a waiver depends on the authority under which the waiver is requested.
Goals 2000: Goals 2000 waivers are available to SEAs, school districts and schools in States with approved Goals 2000 State Plans or in States that have submitted both assurances that they have an education reform plan that meets the requirements of the Goals 2000 legislation and corresponding time lines and benchmarks for measuring progress.(14) Under Goals 2000, only an SEA may apply directly to the Secretary for a waiver. A school district or school seeking a waiver under Goals 2000 must first submit a waiver application to its SEA for review. The SEA then forwards those requests that it approves to the Secretary for review.
ESEA: Under the ESEA, an SEA may apply to the Secretary for a waiver on its own behalf. An SEA may also submit waiver requests to the Secretary on behalf of districts or schools. In addition, a school district may apply directly to the Secretary for a waiver on its own behalf or on behalf of a school, after the district or school request has been reviewed by the SEA. Additionally, under the ESEA, an Indian tribe may submit a waiver request to the Secretary on behalf of schools operated by the tribe.
School-to-Work: School-to-Work waivers are only available to States and local partnerships in States with approved State School-to-Work Plans,(7) although School-to-Work waiver requests may be included with plans submitted for approval. Under School-to-Work, the State may submit to the Secretary a waiver request on its own behalf, or on behalf of a local partnership. A local partnership may submit a request to the Secretary directly if its State fails to act upon the request within 30 days of receiving the waiver application.
How do the general waiver authorities under Goals 2000, the ESEA, and School-to-Work relate to waivers under the Goals 2000 Education Flexibility Partnership Demonstration (Ed-Flex) Program?
The Ed-Flex program is a demonstration program under which the Secretary may grant up to twelve SEAs the authority to waive the same Federal statutory and regulatory requirements that the Secretary is authorized to waive under the Goals 2000 general waiver authority.(8) The twelve Ed-Flex States are: Colorado, Illinois, Iowa, Kansas, Maryland, Massachusetts, Michigan, New Mexico, Ohio, Oregon, Texas, and Vermont. For additional information on the Ed-Flex program, call the Goals 2000 office at (202) 401-0039.
Foot Notes:
11. 20 U.S.C. 1221 et seq.
12. C.F.R. Parts 74, 75, 76, 77, 79, 80, 81, 82, 85, and 86.
13. See, e.g., ESEA Sections 6401(a)(3), 9117(c)(3), and 14501(c); Perkins Section 502(b); and School-to-Work Opportunities Act Section 206(b).
14. See Appendix for a list of states with approved Goals 2000 State plans and states participating in Goals 2000 via the alternative submission process authorized under the Omnibus Consolidated Rescissions and Appropriations Act of 1996.
7. See Appendix for a list of states with approved State School-to-Work Plans.
8. See Goals 2000 Section 311(e), as amended by the Omnibus Consolidated Rescissions and Appropriations Act of 1996.
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