Public Notices & Waiver Requests to the U.S. Department of Education

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We are required by federal law to post a public notice for every waiver request we make of the U.S. Department of Education. We make these requests as a way to create flexibility within specific requirements of the Elementary and Secondary Education Act. Our sole intent is to improve learning for all students and support high quality instruction. In exchange for flexibility, we set a high bar for accountability and positive, sustainable educational outcomes.

Archive public notices and waiver requests are available for: 2009-2010

Displaying 1 - 33 of 33
Year Public Notice Description Public Notice Link Public Notice File Waiver Request Description Waiver Request File Decision Description Link to edit Content
2023 Notice to public and school districts of OSPI’s intent to apply to the U.S. Department of Education (ED) for a waiver, pursuant to section 8401 of the Elementary and Secondary Education Act of 1965 (ESEA). Requesting a waiver, pursuant to section 8401 of the Elementary and Secondary Education Act of 1965 (ESEA).
2023 Notice to school districts and community members of the Office of Superintendent of Public Instruction’s intent to submit an amendment to Washington’s Consolidated State Plan pursuant to Section 8302 of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act (ESSA).

2022 Notice to public and school districts of the Office of Superintendent of Public Instruction’s (OSPI’s) intent to apply to the U.S. Department of Education (ED) for a waiver, pursuant to the section 8401 of the Elementary and Secondary Education Act of 1965 (ESEA) of the following requirements as a result of ongoing challenges related to the novel Coronavirus Disease 2019 (COVID-19). Specifically, the waiver request is for the 2016 School Improvement Grant for an extension of funding to September of 2022 instead of December of 2021. The waiver will be submitted by 1/14/22 and will be a partner collaboration with Student Services and School Improvement. Requesting a waiver, pursuant to section 8401 of the Elementary and Secondary Education Act of 1965 (ESEA), as a result of ongoing challenges related to the novel Coronavirus Disease 2019 (COVID-19).
2022 Notice to school districts and community members of the Office of Superintendent of Public Instruction’s intent to submit an addendum to Washington’s Consolidated State Plan pursuant to Section 8401 of the Elementary and Secondary Education Act of 1965 (ESEA).
The Office of Superintendent of Public Instruction (OSPI) will submit an addendum to the U.S. Department of Education (ED) to request short-term, minimal modifications to the state accountability system as defined in Washington’s Every Student Succeeds Act (ESSA) Consolidated Plan.

Changes proposed in the addendum are temporary, one-year changes necessitated by data gaps in school years 2019–20 and 2020–21 due to the COVID-19 pandemic.

The public comment period opens Monday, February 28, and closed at 11:59 pm on Thursday, March 3. 		Requesting a waiver, pursuant to Section 8401 of the Elementary and Secondary Education Act of 1965 (ESEA). The Office of Superintendent of Public Instruction (OSPI) has submitted an addendum to the U.S. Department of Education (ED) to request short-term, minimal modifications to the state accountability system as defined in Washington's Every Student Succeeds Act (ESSA) Consolidated Plan on March 7, 2022.


2021 Notice to public and school districts of the Office of Superintendent of Public Instruction’s (OSPI’s) intent to apply to the U.S. Department of Education (ED) for a waiver, pursuant to the section 8401 of the Elementary and Secondary Education Act of 1965 (ESEA) of the following requirements as a result of ongoing challenges related to the novel Coronavirus Disease 2019 (COVID-19).

Carryover limitation in section 1127(b) of the Elementary and Secondary Education Act of 1965 (ESEA) for Federal fiscal year (FY) 2020 Title I, Part A funds (i.e., the Title I, Part A funds that will become carryover funds on October 1, 2021); to waive the requirement that limits an SEA’s ability to grant to its LEAs a waiver of the 15 percent Title I, Part A carryover limitation in section 1127(a) to once every three years. 		Requesting a waiver, pursuant to section 8401 of the Elementary and Secondary Education Act of 1965 (ESEA), as a result of ongoing challenges related to the novel Coronavirus Disease 2019 (COVID-19).
 Granted
2021 Notice to public and school districts of the Office of Superintendent of Public Instruction’s (OSPI’s) intent to apply to the U.S. Department of Education (ED) for a waiver of previously approved state assessment requirements for the 2020–21 and 2021–22 school years due to the COVID-19 pandemic and its ongoing and long-term impact on Washington’s public schools’ students and families. Requesting a strategic waiver for the state of Washington, pursuant to section 8401(b) of the Elementary and Secondary Education Act of 1965 (ESEA), as amended, of requirements, which are detailed in this document. Stakeholders (e.g., district leaders, educators, community-based organizations, legislators, and families) were consulted throughout the development of this waiver, and Washington has aligned this waiver request with our strategic plans and legislative requirements, all designed to further the improvement of public education and its outcomes, through support and effective instruction for all of our public-school students, ages 3–21.
 Part 1 Accountability Components Approved on April 6

Part 2 Assessment Components – Waiver Request Withdrawn on April 14
2020 Notice to the public and school districts of the Office of Superintendent of Public Instruction's (OSPI's) application to the U.S. Department of Education (ED) for waivers of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act (ESSA) assessment, accountability, and school identification requirements for the 2019–20 school year. Request to waive assessment, accountability, and school identification requirements for the 2019–20 school year. Granted
2020 Notice to the public and school districts of the Office of Superintendent of Public Instruction's (OSPI's) application to the U.S. Department of Education (ED) to apply for waivers as provided under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Pub. L. No. 116-136 (March 27, 2020). The waivers requested will provide substantial relief to children and educators who have been profoundly affected by the Novel Coronavirus Disease (COVID-19). The waivers provide flexibility in K–12 education funding and to specific program requirements under the Elementary and Secondary Education Act of 1965 as reauthorized by the Every Student Succeeds Act of 2015 (ESSA). Request waivers, pursuant to section 3511 of Division A of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), P.L. 116-136 (H.R. 748), 34 Stat. 281 (Mar. 27, 2020), of the requirement(s) enumerated below on behalf of the State educational agency (SEA) and its subgrantees (e.g., local educational agencies (LEAs)). Granted
2020 Notice to the public and school districts of the Office of Superintendent of Public Instruction's (OSPI's) application to the U.S. Department of Education (ED) for waivers of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act (ESSA) of the requirement in ESEA section 4201(b)(1)(A) that restricts activities provided by a program funded under the Nita M. Lowey 21st Century Community Learning Centers program (21st CCLC) to activities provided only during non-school hours or periods when school is not in session (such as before and after school or during summer recess). If granted the 21st Century Community Center Programs may request to waive activities provided only during non-school hours or periods when school is not in session (such as before and after school or during summer recess). Granted
2020 Washington State Office of Superintendent of Public Instruction (OSPI) requested that the U.S. Department of Education (Department) grant a waiver of the same requirements in the Elementary and Secondary Education Act of 1965 (ESEA) regarding statewide assessments, accountability, and related State and local reporting for the 2020-2021 school year that the Department granted for the 2019-2020 school year. Those requirements are the assessment requirements in section 1111(b)(2) of the ESEA, the accountability and school identification requirements in sections 1111(c)(4) and 1111(d)(2)(C)-(D), and certain reporting requirements related to assessments and accountability in section 1111(h). OSPI is requesting this due to challenges that it expects in the 2020-2021 school year related to the Coronavirus Disease 2019 (COVID-19). Not Granted
2020 Notice to public and school districts of the Office of Superintendent of Public Instruction’s (OSPI’s) intent to apply to the U.S. Department of Education (ED) for a waiver from specific program requirements in Title IV, Part A under the Elementary and Secondary Education Act of 1965 as reauthorized by the Every Student Succeeds Act (ESSA) of 2015. Request waivers on behalf of the state educational agency (SEA) and its subgrantees (i.e., local educational agencies (LEAs)), pursuant to section 8401(b) of the Elementary and Secondary Education Act of 1965 (ESEA), related to specific requirements of Title IV, Part A of the ESEA.
Granted
2018 Notice to public school districts of the Office of Superintendent of Public Instruction’s (OSPI’s) intent to apply to the U.S. Department of Education (USDE) for a waiver of the Tribal Education Compact Schools assessment requirement under ESSA. Request to waiver state assessments for Tribal Education Compact Schools
2017 Request for waiver of Duration Access Restriction for FY 2016 Title I, Part A Award Funds Granted
2016 Request for one-year waiver to request that the authority to obligate funds for the SIG program be extended to September 30, 2017
2016 Request for a waiver of the limitation that prohibits a state educational agency from granting to a local educational agency a waiver of the carryover limitation in Section 1127(a) of the ESEA more than once every three year. Request for a waiver of the limitation that prohibits a state educational agency from granting to a local educational agency a wavier of the carryover limitation in Section 1127(a) of the ESEA more than once every three year. Granted
2016 Transition plan for Supplemental Educational Services and Public School Choice provisions for schools not meeting Adequate Yearly Progress
2016 Request for waiver of the requirement to measure the full breadth of the speaking and listening strand of WA's ELA standards for 2015-16 and 2016-17 Request for waiver of the requirement to measure the full breadth of the speaking and listening strand of WA's ELA standards for 2015-16 and 2016-17 Granted
2015 Request for LEAs in Washington that receive subgrants under Title III of the Elementary and Secondary Education Act of 1965, section 3122(a)(3)(A)(iii) for the 2015-16 school year Request for LEAs in Washington that receive subgrants under Title III of the Elementary and Secondary Education Act of 1965, section 3122(a)(3)(A)(iii) for the 2015-16 school year Granted
2015 Request a one-year waiver of the Title I, Part A regulatory provision that prohibits a state from approving schools and districts in improvement as providers of Supplemental Educational Services Request a one-year waiver of the Title I, Part A regulatory provision that prohibits a state from approving schools and districts in improvement as providers of Supplemental Educational Services Granted
2015 Request to waive provisions of Section 1116(e) of the Elementary and Secondary Education Act Requirement for Supplemental Educational Services Request to waive provisions of Section 1116(e) of the Elementary and Secondary Education Act Requirement for Supplemental Educational Services Not Granted
2015 Request to waive use of student growth on state assessments in teacher and principal evaluations for Washington state’s school improvement grants (SIG) —Cohort III Request to waive use of student growth on state assessments in teacher and principal evaluations for Washington state’s school improvement grants (SIG) —Cohort III Partially Granted
2015 Intent to apply to the U.S. Department of Education (USDE) for a waiver for Accountability Determinations Based on Achievement Results for Assessments Administered in the 2014–15 School Year Request to waive accountability determinations based on achievement results for assessments administered during the 2014-15 school year Granted
2014 Intent to apply for a waiver of the 14-Day Public School Choice Notification Requirement for 2014–15 school year (June 16, 2014) Request to Waive 14-Day Notice Requirement for Public School Choice for 2014–15 School Year Granted with Conditions
2014 Notice to the public of OSPI’s intent to request a waiver to waive Provision on Approving an identified school district or LEA as an SES provider (April 28, 2014) Request to Waive Provision on Approving an Identified School or LEA as an Supplemental Educational Service Provider Granted
2014 Amendment to Carryover Limitation Waiver (April 7, 2014) Washington State's Waiver Request to Waive the Provision that Limits Title I Carryover (Revised) Granted
2014 Waive the Provision that Prohibits an SEA from Granting to an LEA a Waiver of Carryover Limitation More Than Once Every Three Years (April 7, 2014) Waiver Request to Waive the Provision that Limits Title I Carryover
2013 Washington ESEA Flexibility Amendment Submission Template for Teacher and Principal Evaluation and Support Systems Flexibility Waiver

Washington TPEP and Support Systems Flexibility Waiver Request Stakeholder Outreach and Consultation
2013 Waive the Provision that Prohibits and SEA from Granting to an LEA a Waiver of Carryover Limitation More than Once Every Three Years (March 28, 2013) Due to SEQUESTRATION—Washington State's Waiver Request to Waive the Provision that Limits Title I Carryover Granted, May 2013
2013 Notice to the public of OSPI’s intent to request from the U.S. Department of Education the double-testing flexibility one-year waiver (November 7, 2013) Washington State Double-Testing & Determination Flexibility Waiver Request

Washington State List of Schools Participating in the Field Test

Washington State ESEA Flexibility Amendment Submission Template

Granted, Feb. 2013
2013 Waive the Provision That Prohibits an SEA from Granting to an LEA a Waiver of the Carryover Limitation More Than Once Every Three Years (February 5, 2013) Washington State Waiver Request to Waive the Provision that Prohibits 15% Carryover Limitation Granted, March 2013
2011 Notice to the public of OSPI's intent to apply to the U.S. Department of Education for a waiver of section 421(b) of the General Education Provisions Act (GEPA) (the “Tydings Amendment”) as it affects the authority of the Office of Superintendent of Public Instruction (OSPI) and its sub-recipients to obligate fiscal year (FY) 2009 regular and ARRA funds after September 30, 2011. 2009 Tydings Waiver Granted, Dec. 2011
2011 Notice to the public for two Waiver Requests (May, 2011)

- Waive provision that disallows a school or district in improvement to become a provider of supplemental educational services

- Waiver to provide a district with the flexibility to offer supplemental educational services in year one of improvement 		Granted, June 2011
2011 14 day Public School Choice Waiver/HSPE to Math EOC/One Test AYP Granted, June 2011

Public Notice

Notice to the public and school districts of the Office of Superintendent of Public Instruction's (OSPI's) application to the U.S. Department of Education (ED) for waivers of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act (ESSA) of the requirement in ESEA section 4201(b)(1)(A) that restricts activities provided by a program funded under the Nita M. Lowey 21st Century Community Learning Centers program (21st CCLC) to activities provided only during non-school hours or periods when school is not in session (such as before and after school or during summer recess).

Waiver Request

Request to waive activities provided only during non-school hours or periods when school is not in session (such as before and after school or during summer recess).