FLORIDA DEPARTMENT OF EDUCATION STATE BOARD OF EDUCATTON Em smm, Comlnissiamer of Educatio T. WILLARD FAIR, Chaimm Membenv rum IOULWARE KMQL ma. Axsmv Hom! ROBERTO .mm n. KATIILIIHII SHANAHAN LINDA K. TAYIDR September 2, 2009 Dr. Joseph C. Conaty, Assistant Secretary Elementary and Secondary Education United States Department of Education Email: TitlelWaivers@ed.gov Washington, D.C. 20202 RE: Florida's Waiver Request of the Title I, Part A Regulations Regarding The American Recovery and Reinvestment Act of 2009 (ARRA) Dear Dr. Conaty: The Florida Department of Education (FLDOE) is requesting a waiver of the following Elementary and Secondary Education Act (ESEA) regulations: Section Cap on Financial Incentives and Rewards; Section 1114 Schoolwide Title I Program Eligibility; Section Inclusion of ARRA funds in the10 Percent Professional Development Set-asides for Schools Identified as in Need of Improvement; Section 1116(b)(10): Inclusion of ARRA funds in the Set-aside Calculation for Choice with Transportation and Supplemental Educational Services; Section Inclusion of ARRA Funds from the Cap on School-Level Reduction in Funds; DR. FRANCES HArrHcocK CHANCELLOR or Plmuc SCHOOLS 325 W. GAINES STREET - Sums 514 FL 3239510400 (850) 245-0509 - Dr. Joseph C. Conaty September 2, 2009 Page 2 Section 1116(c)(7)(A)(lii): Inclusion of ARRA funds in the 10 Percent Professional Development Set-asides for LEAs Identified as in Need of Improvement; - Section 1116 Inclusion of ARRA funds in the Calculation of the PPA for Section Restriction on LEAs and Schools Identified as in Need of Improvement from Becoming an Approved SES Provider; Section 1119(c) and Requirements for Highly Qualified Paraprofessionals in Newly Identify Title I Schools Section 1127(b): Limitation of 15 Percent Carry Fonivard; and Section 2141 Restrictions on Use of Title I, Part A Funds for Paraprofessionals in Newly ldentihed Title I Schools. Prior to submitting this waiver request, the Committee of Practitioners (COP), described in Section 1903(b), provided input via email on the areas in which Florida would request a waiver of regulations. In addition, all LEAs in Florida were notified and provided a reasonable opportunity to comment on this request. The notice was also posted on the Departments website. A summary of the comments received from LEAs may be found in the specific charts. Copies of all comments Florida received from LEAs and the public, if applicable, are attached to this notice. The attached charts provide specific information to support the waiver requests as outlined under section 9401(b)(1) of the ESEA including the following: Identification of the federal program(s) affected by the requested waiver (ESEA section 9401 Identification of the particular statutory or regulatory requirement(s) for which the waiver is sought and a description of how the waiver will increase the quality of instruction for students and improve the academic achievement of students (ESEA section 9401 Description, for each school year, specific, measurable educational goals, in accordance with section 1111(b) of the ESEA, for the SEA and for each LEA or school that would be affected by the waiver and the methods to be used to measure annual progress for meeting those goals (ESEA section 9401 Explanation of how the waiver will assist the SEA and each affected LEA or school in reaching those goals (ESEA section Dr. Joseph C. Conaty September 2, 2009 Page 3 Description of how schools will continue to provide assistance to the same populations sen/ed by the program(s) for which the waiver is requested (ESEA section 9401 Assurances specific to each request; - Agreements to the reporting required by and Summary of the comments submitted by the COP, LEAs and general public. Please feel free to contact Lisa Bacen, Chief, Bureau of Student Assistance, by phone at (850) 245-0828, or via email at Lisa. Bacen@fldoe.org if you have any questions regarding this request, Thank you for your consideration. Sincerely, Dr. Frances Haithcock FH: Ib Attachments: Charts Outllning Waiver Requests Comments submitted COP, LEAs, and the general public Florida Department of Education Request for Waivers of Title I, Part A Regulations Regarding ARRA Table of Contents - List of Requested Waivers Section 1113(c)(4): Cap on Financial Incentives and Rewards....................................... 1 Section 1114(a)(1): Title I Schoolwide Program Eligibility ............................................... 3 Section 1116(b)(3)(A)(iii): Inclusion of ARRA funds in the 10 Percent Professional Development Set-asides for Schools Identified as in Need of Improvement ................... 6 Section 1116(b)(10): Inclusion of ARRA Funds in the Set-aside for Choice with Transportation and Supplemental Educational Services ............................................... 10 Section 1116(b)(10)(D): Inclusion of ARRA Funds in the Cap on School-Level Reduction in Funds ....................................................................................................... 14 Section 1116(c)(7)(A)(iii): Inclusion of ARRA Funds in the 10 Percent Professional Development Set-asides for LEAs Identified as in Need of Improvement ..................... 16 Section 1116 (e)(6)(A): Inclusion of ARRA Funds in the Calculation of the Per-pupil Allocation (PPA) for SES............................................................................................... 20 Section 1116(e)(12): Restriction on LEAs and Schools Identified as in Need of Improvement from Becoming an Approved SES Provider............................................. 22 Section 1119: Requirements for Highly Qualified Paraprofessionals in Newly Identify Title I Schools................................................................................................................ 24 Section 1127(b): Limitation Prohibiting a Waiver of the Carry-over Limitation to Only Once in Three Years ..................................................................................................... 27 Section 1122(c): Inclusion of ARRA Funds in the Hold-harmless Reduction in Funds Provision ....................................................................................................................... 30 Section 2141: Use of Title I, Part A Funds to Pay the Salary and Related Benefits for Additional Paraprofessionals in Newly Identified Title I Schools ................................... 33 Florida Department of Education Request for Waivers of Title I, Part A Regulations Regarding ARRA Section 1113(c)(4): Cap on Financial Incentives and Rewards Specific Waiver Request FLDOE is requesting a two-year waiver on the cap of the five percent discretionary set-aside related to financial incentives and rewards for teachers who serve in schools identified for improvement, corrective action, or restructuring. Waiving the cap will allow Local Educational Agencies (LEAs) to reserve additional funds to attract and retain qualified and effective teachers and increase the quality of instruction in such schools. Title I, Part A Federal program(s) affected by the requested waiver Particular statutory or regulatory requirement(s) for which the waiver is sought Section 1113(c)(4) of ESEA Section 1113(c)(4) FINANCIAL INCENTIVES AND REWARDS RESERVATIONA local educational agency may reserve such funds as are necessary from those funds received by the local educational agency under title II, and not more than 5 percent of those funds received by the local educational agency under subpart 2, to provide financial incentives and rewards to teachers who serve in schools eligible under this section and identified for school improvement, corrective action, and restructuring under section 1116(b) for the purpose of attracting and retaining qualified and effective teachers. The quality of instruction will support improvement at school identified as in need of improvement by increasing the pool of highly effective teachers assigned to these schools. Teacher effectiveness is a primary influence on students' academic success. LEAs can improve teacher effectiveness and address equitable teacher distribution more effectively through enhanced recruitment and compensation. FLDOE would like to request a waiver of the five percent cap on the incentives paid to teachers who are assigned to teach at schools identified as in need of improvement in an effort to attract highly effective teachers to Florida's lowest performing schools. According to information provided by USDE concerning use of ARRA funds, turning around persistently low-performing schools is likely to require a significant overhaul of school staff. Providing bonuses and/or incentives to highly effective 1 teachers was listed as one of the strategies to contribute to school improvement. FLDOE will determine adequate yearly progress (AYP) based on assessments administered in the 2009-2010 school year in accordance with the requirements of section 1111(b)(2) of the ESEA and in accordance with the growth model approved by USDE. Adequate Yearly Progress Benchmarks in Florida Year Reading Mathematics 2007-08 58 62 2008-09 65 68 2009-10 72 74 2010-11 79 80 2011-12 86 86 2012-13 2013-14 93 100 93 100 How the waiver will increase the quality of instruction for students and improve the academic achievement of students Specific, measurable educational goals, in accordance with section 1111(b) of the ESEA, for the SEA and for each LEA, Indian tribe, or school that would be affected by the waiver and the methods to be used to measure annual progress for meeting those goals How the waiver will assist the SEA and each affected LEA, Indian If approved, the waiver will assist FLDOE and the LEAs attract highly effective teachers to historically low performing schools. The Center for Education Compensation Reform recently reported that a synthesis of the research 1 American Recovery and Reinvestment Act of 2009: Using ARRA Funds to Drive School Reform and Improvement, April 24, 2009, located at: http://www.ed.gov/policy/gen/leg/recovery/guidance/uses.doc. Page 1 Florida Department of Education Request for Waivers of Title I, Part A Regulations Regarding ARRA Section 1113(c)(4): Cap on Financial Incentives and Rewards tribe, or school in reaching those goals suggests that compensation systems that include measures of a teacher's ability to increase student learning gains are "a more effective way to identify and reward top performers and ultimately improve teacher quality." 2 The approval of this waiver will assist LEAs and schools in Florida meet the following ARRA principles 3: o Improve student achievement through school improvement and reform. ARRA funds will be used to improve student achievement and help close the achievement gap by: o Making improvements in teacher effectiveness and in the equitable distribution of qualified teachers for all students, particularly students who are most in need; o Providing intensive support and effective interventions for the lowestperforming schools. o Invest one-time ARRA funds thoughtfully to minimize the "funding cliff." FLDOE believes that once teachers are employed at low performing schools, they will continue their commitments to the schools and students after the funding expires. If granted, the additional funds for incentives will be used for teachers at lowperforming schools. How schools will continue to provide assistance to the same populations served by the program(s) for which the waiver is requested Assurances Comments If FLDOE is granted the requested waiver, FLDOE will implement the waiver only with respect to LEAs that provide assurances that incentives will be provided only to those teachers who meet the following criteria: o Assigned to teach at schools in need of improvement, corrective action, or restructuring; and o Are deemed highly effective by the LEA. Comments from COP: None Comments from LEAs: None Comments from the public: None Center for Educator Compensation Reform, Research Synthesis located at: http://www.cecr.ed.gov/guides/researchSyntheses/Research%20Synthesis_Q%20A2.pdf. 3 http://www.ed.gov/policy/gen/leg/recovery/factsheet/title-i.html 2 Page 2 Florida Department of Education Request for Waivers of Title I, Part A Regulations Regarding ARRA Section 1114(a)(1): Title I Schoolwide Program Eligibility Specific Waiver Request FLDOE is requesting a two-year waiver to allow schools below the 40 percent poverty threshold to implement schoolwide programs rather than targeted assistance programs. Title I, Part A Federal program(s) affected by the requested waiver Particular statutory or regulatory requirement(s) for which the waiver is sought Section 1114(a)(1) or ESEA and 34 C.F.R. ? 200.25(b)(ii)(A-B) SEC. 1114. SCHOOLWIDE PROGRAMS: (a) USE OF FUNDS FOR SCHOOLWIDE PROGRAMS(1) IN GENERAL- A local educational agency may consolidate and use funds under this part, together with other Federal, State, and local funds, in order to upgrade the entire educational program of a school that serves an eligible school attendance area in which not less than 40 percent of the children are from low-income families, or not less than 40 percent of the children enrolled in the school are from such families. Sec. 200.25(b)(ii)(A-B): Schoolwide programs in general. (b) Eligibility. (1) A school may operate a schoolwide program if-(i) The school's LEA determines that the school serves an eligible attendance area or is a participating school under section 1113 of the ESEA; and (ii) For the initial year of the schoolwide program-(A) The school serves a school attendance area in which not less than 40 percent of the children are from low-income families; or (B) Not less than 40 percent of the children enrolled in the school are from low-income families. FLDOE is requesting this waiver to allow LEAs to implement activities to improve the quality of instruction and promoting whole-school reform to impact academic achievement. FLDOE will ensure that an LEA that is interested in obtaining a waiver of the 40 percent threshold to implement a schoolwide program applies to the FLDOE in accordance with Florida's regular procedures for waivers of the regulations outlined in Section 9401(b)(1) of the ESEA. FLDOE will review and approve waiver requests, related to the 40 percent threshold, from LEAs (on its own behalf or on behalf of a school), which meet the following criteria: o Identifies the Federal program(s) affected by the requested waiver (ESEA section 9401(b)(1)(A)); o Identifies the particular statutory or regulatory requirement(s) for which the waiver is sought and describes how the waiver will increase the quality of instruction for students and improve the academic achievement of students (ESEA section 9401(b)(1)(B)); o Describes, for each school year, specific, measurable educational goals, in accordance with section 1111(b) of the ESEA, for the SEA and for each LEA, Indian tribe, or school that would be affected by the waiver and the methods to be used to measure annual progress for meeting those goals (ESEA section 9401(b)(1)(C)); o Explains how the waiver will assist the LEA and each affected school in reaching those goals (ESEA section 9401(b)(1)(D)); and o Describes how schools will continue to provide assistance to the same populations served by the program(s) for which the waiver is requested How the waiver will increase the quality of instruction for students and improve the academic achievement of students Page 3 Florida Department of Education Request for Waivers of Title I, Part A Regulations Regarding ARRA Section 1114(a)(1): Title I Schoolwide Program Eligibility For each school year, specific, measurable educational goals, in accordance with section 1111(b) of the ESEA, for the SEA and for each LEA, Indian tribe, or school that would be affected by the waiver and the methods to be used to measure annual progress for meeting those goals How the waiver will assist the SEA and each affected LEA, Indian tribe, or school in reaching those goals (ESEA section 9401(b)(1)(E)). FLDOE will determine AYP based on assessments administered in the 2009- 2010 school year in accordance with the requirements of section 1111(b)(2) of the ESEA and in accordance with the growth model approved by USDE. 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 Adequate Yearly Progress Benchmarks in Florida Year Reading Mathematics 58 62 65 68 72 74 79 80 86 86 93 93 100 100 How schools will continue to provide assistance to the same populations served by the program(s) for which the waiver is requested Assurances The Title I, Part A ARRA funds are providing an opportunity for LEAs to provide significant funds to offer services to these schools over the next two years. LEAs would be able to impact student academic achievement by using the schoolwide program model and providing support to all students, teachers, and parents. The implementation of this waiver will assist LEAs and schools in Florida in implementing the following ARRA principles: o Improve student achievement through improvement and reform. ARRA funds will be used to improve student achievement and help close the achievement gap by: o Making improvements in teacher effectiveness and in the equitable distribution of qualified teachers for all students, particularly students who are most in need; o Providing intensive support and effective interventions for the lowestperforming schools. o Invest one-time ARRA funds thoughtfully to minimize the "funding cliff." ARRA represents a historic infusion of funds that is expected to be temporary. These funds will provide needed instructional support, professional development for teachers, and support for parental involvement activities. The knowledge gained and support system developed, while temporary, will be sustained after the funding expires. FLDOE believes that allowing schools below the 40 percent poverty threshold to implement schoolwide programs will help more students in Florida make AYP by increasing access to schoolwide programs designed to upgrade the educational program of the entire school. FLDOE hereby assures that, if granted, Florida will implement the waiver only with respect to an LEA that provides assurances to: o Comply with Title I, Part A statutory and regulatory obligations, including the obligations in sections 1114 to have schoolwide program use effective methods and instructional strategies that are based on scientifically based research; and o Submit an application for Title I, Part A funds, or, if necessary, an amendment to its existing LEA application, that describes the data on which it relied upon to identify needs that will be addressed using the funds freed up by the waiver and the evidence that supports the strategies it intends to use to address those needs. FLDOE further assures that it will not approve an LEA's request to waive the requirement for the 40 percent threshold unless or until it determines that, based on the LEA's description, the LEA has satisfied its obligation to identify Page 4 Florida Department of Education Request for Waivers of Title I, Part A Regulations Regarding ARRA Section 1114(a)(1): Title I Schoolwide Program Eligibility needs based on data and addresses those needs using evidence-based strategies. In addition, the LEA must demonstrate that the ten required components outlined in Section 1114(b) of a schoolwide program are in place prior to approval. Further, FLDOE will closely monitor the implementation of Title I, Part A programs in LEAs and schools in which this waiver is granted to ensure compliance with all requirements outlined in Section 1114. FLDOE hereby assures that, if granted the requested waiver, it will submit to USDE, by September 30, 2010, a report that sets forth the name and NCES District Identification Number for each LEA and school implementing the waiver. Comments from COP: None Comments from LEAs: None Comments from the public: None Reporting Comments Page 5 Florida Department of Education Request for Waivers of Title I, Part A Regulations Regarding ARRA Section 1116(b)(3)(A)(iii): Inclusion of ARRA funds in the 10 Percent Professional Development Set-asides for Schools Identified as in Need of Improvement Specific Waiver Request FLDOE is requesting a one year waiver of the requirement in Section 1116(b)(3)(A)(iii) of the ESEA to determine a school's 10 percent professional development set-aside based on the total amount of funds made available to schools identified as in need of improvement under section 1113 of the ESEA for FY 2009 (i.e., including funds made available from both the LEA's regular Title I, Part A allocation and its Title I, Part A allocation under ARRA). Specifically, FLDOE is seeking a waiver to allow Title I schools within Florida identified for improvement to calculate the 10 percent professional development set-aside by factoring out the effect the portion of an LEA's FY 2009 Title I, Part A allocation received through the ARRA. LEAs will use the following formula when calculating the professional development set-aside for schools identified as in need of improvement: (a) * (b ? c) * (.10) Where "a" is the total amount of FY 2009 Title I, Part A funds received by the school under section 1113 of the ESEA; "b" is the portion of the LEA's FY 2009 Title I, Part A allocation provided through the regular FY 2009 appropriation; and "c" is the LEA's total FY 2009 Title I, Part A allocation, including Title I, Part A ARRA funds. Title I, Part A Federal program(s) affected by the requested waiver Particular statutory or regulatory requirement(s) for which the waiver is sought Section 1116(b)(3)(A)(iii) and 34 C.F.R. Section 200.41(5) Section 1116(b)(3)(A) SCHOOL PLAN(A) REVISED PLAN- After the resolution of a review under paragraph (2), each school identified under paragraph (1) for school improvement shall, not later than 3 months after being so identified, develop or revise a school plan, in consultation with parents, school staff, the local educational agency serving the school, and outside experts, for approval by such local educational agency. The school plan shall cover a 2-year period and -- (iii) provide an assurance that the school will spend not less than 10 percent of the funds made available to the school under section 1113 for each fiscal year that the school is in school improvement status, for the purpose of providing to the school's teachers and principle highquality professional development that -- (I) directly addresses the academic achievement problem that caused the school to be identified for school improvement; (II) meets the requirements for professional development activities under section 1119; and (III) is provided in a manner that affords increased opportunity for participating in that professional development; 34 C.F.R. Section 200.41(5) School improvement plan. 5) Provide an assurance that the school will spend not less than 10 percent of the allocation it receives under subpart A of this part for each year that the school is in school improvement status, for the purpose of providing highquality professional development to the school's teachers, principal, and, as appropriate, other instructional staff, consistent with section 9101(34) of the ESEA, that-- Page 6 Florida Department of Education Request for Waivers of Title I, Part A Regulations Regarding ARRA Section 1116(b)(3)(A)(iii): Inclusion of ARRA funds in the 10 Percent Professional Development Set-asides for Schools Identified as in Need of Improvement (i) Directly addresses the academic achievement problem that caused the school to be identified for improvement; (ii) Is provided in a manner that affords increased opportunity for participating in that professional development; and (iii) Incorporates teacher mentoring activities or programs; FLDOE believes that the requested waiver will increase the quality of instruction for students and improve the academic achievement of students by ensuring that schools develop and implement a focused professional development system based on proven success. Through the waiver, each school will work collaboratively with the FLDOE support team to determine appropriate professional development activities based on the comprehensive needs assessment as outlined in section 1114(b)(1)(D) including a review of student performance and teacher quality data. Florida's Differentiated Accountability (DA) model 4 approved by USDE, outlines Florida's tiered approach to working directly with schools to increase student achievement. The individualized support and assistance is provided to through a regional system of support. Each regional team works with struggling schools by assessing what assistance each school requires and then providing that assistance directly to the school and in partnership with the districts. The areas of need that are addressed by the regional team include: curriculum and instruction, school leadership, school improvement planning, professional development, teacher quality, and continuous school improvement. In implementing this waiver, schools will work directly with the regional team to determine the professional development needs, best use of funds, and implementation of the knowledge gained. FLDOE believes that the basic 10 percent set-aside, which schools in need of improvement will allocate from the regular Title I, Part A allocation, is substantial and adequate to meet current needs. This waiver, if granted would allow LEAs and schools flexibility in how funds are allocated. This would not be a "blanket" waiver of the set-aside, but allocations would be based on identified needs. For example, if the regional support team identifies a need to implement a completely different reform model at a low-performing school, the funds set-aside may include the full 10 percent (Title, Part A regular and Title I, Part A ARRA). However, if the comprehensive needs assessment indicates that the reform model already in place is working, then the school may setaside 10 percent of regular Title I, Part A only. In implementing this waiver, FLDOE will ensure that LEAs which request, on behalf of the schools within the LEA identified for improvement, a waiver of inclusion of ARRA funds the set-asides for professional development on behalf of school indentified for improvement by providing FLDOE with the following: o Assurances as described in this waiver request; o Amount of funds the LEA seeks to factor out of the calculation for which the LEA is implementing the waiver; and o An LEA will include in the application and/or amendment a description of the following: o Data on which it relied to identify the needs that will be address using the funds freed up by the waiver, and o Evidence that supports the strategies it intends to use to address 4 How the waiver will increase the quality of instruction for students and improve the academic achievement of students (ESEA section 9401(b)(1)(B)); http://www.ed.gov/admins/lead/account/differentiatedaccountability/flconditions.pdf Page 7 Florida Department of Education Request for Waivers of Title I, Part A Regulations Regarding ARRA Section 1116(b)(3)(A)(iii): Inclusion of ARRA funds in the 10 Percent Professional Development Set-asides for Schools Identified as in Need of Improvement those needs. FLDOE will review and approved all LEAs requests that contain all required information and that plan to implement the waiver in accordance with the conditions of the waiver. FLDOE will determine AYP based on assessments administered in the 2009- 2010 school year in accordance with the requirements of section 1111(b)(2) of the ESEA and in accordance with the growth model approved by USDE. Adequate Yearly Progress Benchmarks in Florida Year Reading Mathematics 58 62 65 68 72 74 79 80 86 86 93 93 100 100 For each school year, specific, measurable educational goals, in accordance with section 1111(b) of the ESEA, for the SEA and for each LEA, Indian tribe, or school that would be affected by the waiver and the methods to be used to measure annual progress for meeting those goals (ESEA section 9401(b)(1)(C)); How the waiver will assist the SEA and each affected LEA, Indian tribe, or school in reaching those goals 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 How schools will continue to provide assistance to the same populations served by the program(s) for which the waiver is requested Assurances Implementing this waiver will assist Florida in meeting the ARRA principle to improve student achievement through school improvement and reform. ARRA funds will be used to improve student achievement and help close the achievement gap by providing support to schools implementing Title I, Part A programs by improving teacher effectiveness and the quality of instruction provided to all students, particularly students who are most in need. FLDOE believes that, ultimately, the flexibility provided by the requested waiver with respect to how ARRA funds may be spent for allowable Title I, Part A activities will help more schools and LEAs within the state make AYP by enabling them to direct funds appropriately to help their students meet the annual measureable objectives set forth above. FLDOE hereby assures that, if granted the requested waiver, Florida will implement the waiver only with respect to LEAs that provide assurances that: o Schools will implement the waiver in accordance with the formula above; o Schools will develop professional development plans based on the comprehensive needs assessment and in collaboration with the regional support teams; o Schools in need of improvement within the LEA 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; o Schools use the funds freed up by the waiver to address identified needs based on a comprehensive needs assessment including data, such as statewide or formative assessment results; and o Schools in improvement will comply with all of their other Title I, Part A statutory and regulatory obligations, including the obligations in sections 1114 and 1115 to have schoolwide and targeted assistance programs that "use effective methods and instructional strategies that are based on scientifically based research (to the extent they are not waived). FLDOE hereby assures that, if granted the requested waiver, it will submit to the USDE, by September 30, 2010, a report that sets forth the name and NCES District Identification Number for each LEA implementing the waiver. Reporting Page 8 Florida Department of Education Request for Waivers of Title I, Part A Regulations Regarding ARRA Section 1116(b)(3)(A)(iii): Inclusion of ARRA funds in the 10 Percent Professional Development Set-asides for Schools Identified as in Need of Improvement FLDOE will also report to USDE the name and NCES District Identification Number for each LEA that requested but was denied permission to implement the waiver. Comments Comments from COP: 1: Waivers related to ARRA funds will provide flexibility to spend ARRA funds that the LEA would otherwise be obligated to spend on LEA activities identified through data-driven analysis of need. Activities driven by needs assessments will directly impact educational outcomes. ARRA activities related to professional development will improve the quality of instruction in those areas the LEA has determined need the most concentrated effort. 2: Given that a large majority of a school's and LEA's ARRA funds will be used for staff development purposes, but some district's may need maximum flexibility to utilize Title I funds to support programs that may not be classified as staff development but are directly impacting student achievement. This waiver allows flexibility for those schools and LEAs (although there may not be any LEAs left that are required to set aside 10%.) Comments from LEAs: None Comments from the public: None Page 9 Florida Department of Education Request for Waivers of Title I, Part A Regulations Regarding ARRA Section 1116(b)(10): Inclusion of ARRA Funds in the Set-aside for Choice with Transportation and Supplemental Educational Services Specific Waiver Request FLDOE is requesting a one-year waiver for fiscal year 2009 of the requirement to determine an LEAs 20 percent obligation for public school choice-related transportation and supplemental educational services (SES) based on the LEA's total FY 2009 Title I, Part A allocation (i.e., including regular Title I, Part A allocation and Title I, Part A, ARRA). Specifically, the waiver will allow LEAs within Florida to exclude Title I, Part A funds received under ARRA in calculating the 20 percent obligation for choice-related transportation and SES. Title I, Part A Federal program(s) affected by the requested waiver Particular statutory or regulatory requirement(s) for which the waiver is sought Section 1116(b)(10) of the ESEA and in 34 C.F.R. ? 200.48(a)(2) Section 1116(b)(10) FUNDS FOR TRANSPORTATION AND SUPPLEMENTAL EDUCATIONAL SERVICES(A) IN GENERAL- Unless a lesser amount is needed to comply with paragraph (9) and to satisfy all requests for supplemental educational services under subsection (e), a local educational agency shall spend an amount equal to 20 percent of its allocation under subpart 2, from which the agency shall spend-- (i) an amount equal to 5 percent of its allocation under subpart 2 to provide, or pay for, transportation under paragraph (9); (ii) an amount equal to 5 percent of its allocation under subpart 2 to provide supplemental educational services under subsection (e); and (iii) an amount equal to the remaining 10 percent of its allocation under subpart 2 for transportation under paragraph (9), supplemental educational services under subsection (e), or both, as the agency determines. 34 C.F.R. ? 200.48(a)(2): Funding for choice-related transportation and supplemental educational services. (a) Amounts required. (1) Unless a lesser amount is needed, the LEA must spend an amount equal to 20 percent of its allocation under subpart A of this part to-(i) Provide, or pay for, transportation of students exercising a choice option under Sec. 200.44; (ii) Satisfy all requests for supplemental educational services under Sec. 200.45; or (iii) Pay for both paragraph (a)(2)(i) and (ii) of this section, FLDOE believes that, ultimately, the flexibility provided by the requested waiver with respect to how ARRA funds may be spent for allowable Title I, Part A activities may help more schools and LEAs within Florida make AYP by enabling them to direct funds appropriately to help their students meet the annual measurable objectives set forth below. Florida will determine adequate yearly progress (AYP) based on assessments administered in the 2009-2010 school year in accordance with the requirements of section 1111(b)(2) of the ESEA and in accordance with the growth model approved by USDE. 2007-08 2008-09 2009-10 2010-11 2011-12 Adequate Yearly Progress Benchmarks in Florida Year Reading Mathematics 58 62 65 68 72 74 79 80 86 86 How the waiver will increase the quality of instruction for students and improve the academic achievement of students For each school year, specific, measurable educational goals, in accordance with section 1111(b) of the ESEA, for the SEA and for each LEA, Indian tribe, or school that would be affected by the waiver and the methods to be used to measure Page 10 Florida Department of Education Request for Waivers of Title I, Part A Regulations Regarding ARRA Section 1116(b)(10): Inclusion of ARRA Funds in the Set-aside for Choice with Transportation and Supplemental Educational Services annual progress for meeting those goals How the waiver will assist the SEA and each affected LEA, or school in reaching those goals 2012-13 2013-14 93 100 93 100 Implementing this waiver will assist Florida in meeting the ARRA principle to improve student achievement through school improvement and reform. ARRA funds will be used to improve student achievement and help close the achievement gap by providing support to schools implementing Title I, Part A programs by directing funds to implement programs and strategies thatl lead to improvements in teacher effectiveness and in the equitable distribution of qualified teachers for all students, particularly students who are most in need. In implementing this waiver, FLDOE will ensure that LEAs which request a waiver of the inclusion of ARRA funds in the set-aside for Choice with Transportation and Supplemental Educational Services will provide FLDOE with the following: o Assurances as described in this waiver request; and o Amount of funds the LEA seeks to exclude from the calculation for which the LEA is implementing the waiver; and o An LEA will include in the application and/or amendment a description of the following: o Data on which it relied upon to identify the needs that will be addressed using the funds freed up by the waiver, and o Evidence that supports the strategies it intends to use to address those needs. FLDOE will review and approve all LEA requests that contains all required information and that plan to implement the waiver in accordance with the conditions of the waiver. Florida LEAs will continue to provide SES to students eligible through the 20 percent set-aside applied to the regular Title I funds. Eligible students are those in Schools in Need of Improvement in Years 1 and 2, Corrective Action, planning for, or implementing Restructuring, as described in the approved Florida Differentiated Accountability Plan. 5 FLDOE hereby assures that, if granted the requested waiver, Florida will implement the waiver only with respect to LEAs that provide assurances that they will: o Comply with its statutory and regulatory obligations for the provision of SES and public school choice with respect to its regular Title I, Part A allocation (to the extent they are not waived); o Use the funds freed up by the waiver to address identified needs based on data, such as statewide or formative assessment results; o Comply with all of its other Title I, Part A statutory and regulatory obligations (to the extent they are not waived), including the obligations in sections 1114 and 1115 to have schoolwide and targeted assistance programs that use effective methods and instructional strategies that are based on scientifically based research; and o Submit an application for Title I funds, or, if necessary, an amendment to its existing LEA application, that describes the data on which it relied to identify needs that will be addressed using the funds freed up by the waiver and the evidence that supports the strategies it intends to use to address those How schools will continue to provide assistance to the same populations served by the program(s) for which the waiver is requested Assurances 5 http://www.ed.gov/admins/lead/account/differentiatedaccountability/flconditions.pdf Page 11 Florida Department of Education Request for Waivers of Title I, Part A Regulations Regarding ARRA Section 1116(b)(10): Inclusion of ARRA Funds in the Set-aside for Choice with Transportation and Supplemental Educational Services needs. FLDOE will not approve an LEA's request to implement this waiver unless or until the LEA has an approved application (or amended application) that includes the required description of the data on which the LEA relied to identify needs and the evidence that supports the strategies to address those needs. If necessary to carry out these assurances, FLDOE will require an LEA seeking to implement the waiver to amend its application in accordance with Florida's established process for changing an LEA's application. FLDOE hereby assures that, if granted the requested waiver, it will submit to USDE, by September 30, 2010, a report that sets forth the name and NCES District Identification Number for each LEA implementing the waiver. In addition, FLDOE assures that the information on the total funds for public school choice options (CWT and SES) will be posted on the Web site as required by 34 C.F.R. ? 200.47(a)(1)(ii)(B)(1). The information will reflect the implementation of this waiver by each LEA. Comments from COP: 1: A waiver for the current prohibition on approving schools and LEAs in improvement status will allow those school districts receiving conditional approvals to move forward with the provision of SES services. This waiver is critical in smaller counties or counties without an adequate number of providers to meet the needs of students. The waiver will increase access to extended day supplemental instruction to increase student achievement. 2: With no evaluation results clearly indicating that students participating in SES services are achieving at a higher rate, districts should be given autonomy over the use of these dollars under ARRA to implement programs that are proven and evaluated to be successful at improving student performance. Comments from LEAs: I encourage the State to request a waiver for the 20% set-a-side for SES and CWT from the ARRA funds. That would put a hold on a lot of money that could not all be spent by the noted deadline. The funds could be better used by the district for programs and personnel in the school to assist students now either during the day or after school. Debbie Moffitt Sr. Director of Curriculum and Instructional Programs 2680 W CR 476, Bldg. 3 Bushnell, FL 33513 352-793-2315 x 260 352-793-4377 fax From: Sara Joe Wooten To: Bacen, Lisa Sent: Tue Aug 11 07:47:18 2009 Subject: RE: Florida Waiver Request for Comment Thanks for including the Choice/SES waiver request. We do not need the additional funds for these services. We need human resources during the Page 12 Reporting Comments Florida Department of Education Request for Waivers of Title I, Part A Regulations Regarding ARRA Section 1116(b)(10): Inclusion of ARRA Funds in the Set-aside for Choice with Transportation and Supplemental Educational Services school day to assist students. Even though parents sign the "intent to receive services" there are those parents who don't use the services. We had funds for 66 students last year and served 60. And, as you well know, there is no Choice for Gulf County students. Thanks for your dedication to the welfare of students. Sara Joe See letter from Alberto M. Carvalho, Superintendent of Miami-Dade School System Comments from the public: None Page 13 Florida Department of Education Request for Waivers of Title I, Part A Regulations Regarding ARRA Section 1116(b)(10)(D): Inclusion of ARRA Funds in the Cap on School-Level Reduction in Funds Specific Waiver Request: FLDOE is requesting a two-year waiver on the limitation that prohibits an LEA from reducing funds allocated to schools in Corrective Action or Restructuring by no more than 15 percent of the total amount made available in previous years. Specifically, Florida requests to exclude the ARRA funds when calculating the 85 percent for identified schools. Since ARRA funds were designed to be used by LEAs in the 2009-2011 school years, Florida believes that the inclusion of these funds in the calculations of the cap of school-level reduction would penalize the LEA when the ARRA funds are no longer available. FLDOE is requesting this waiver for fiscal year (FY) 2009 Title I, Part A funds and the allocation made to LEAs in FY 2010 and FY 2011. Title I, Part A Federal program(s) affected by the requested waiver Particular statutory or regulatory requirement(s) for which the waiver is sought Section 1116(b)(10)(D) and 34 C.F.R. ? 200.48 (b) SCHOOL IMPROVEMENT(10) FUNDS FOR TRANSPORTATION AND SUPPLEMENTAL EDUCATIONAL SERVICES(D) PROHIBITION- A local educational agency shall not, as a result of the application of this paragraph, reduce by more than 15 percent the total amount made available under section 1113(c) to a school described in paragraph (7)(C) or (8)(A) of subsection (b). 34 C.F.R. Section 200.48(b) Funding for choice-related transportation and supplemental educational services: Cap on school-level reduction. (1) An LEA may not, in applying paragraph (a) of this section, reduce by more than 15 percent the total amount it makes available under subpart A of this part to a school it has identified for corrective action or restructuring. FLDOE believes that the requested waiver will provide the state with the ability to grant an LEA the flexibility it needs to spend its Title I, Part A ARRA funds thoughtfully over the course of two years on activities that are most likely to improve the academic achievement of students. How the waiver will increase the quality of instruction for students and improve the academic achievement of students (ESEA section 9401(b)(1)(B)) For each school year, specific, measurable educational goals, in accordance with section 1111(b) of the ESEA, for the SEA and for each LEA, Indian tribe, or school that would be affected by the waiver and the methods to be used to measure annual progress for meeting those goals (ESEA section 9401(b)(1)(C)) How the waiver will assist the SEA and each affected LEA, Indian tribe, or school FLDOE will determine AYP based on assessments administered in the 2009- 2010 school year in accordance with the requirements of section 1111(b)(2) of the ESEA and in accordance with the growth model approved by USDE. 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 Adequate Yearly Progress Benchmarks in Florida Year Reading Mathematics 58 62 65 68 72 74 79 80 86 86 93 93 100 100 Implementation of this waiver request will assist Florida in meeting the ARRA principle to invest one-time ARRA funds thoughtfully to minimize the "funding cliff." ARRA represents a historic infusion of funds that is expected to be Page 14 Florida Department of Education Request for Waivers of Title I, Part A Regulations Regarding ARRA Section 1116(b)(10)(D): Inclusion of ARRA Funds in the Cap on School-Level Reduction in Funds in reaching those goals (ESEA section 9401(b)(1)(D)) How schools will continue to provide assistance to the same populations served by the program(s) for which the waiver is requested (ESEA section 9401(b)(1)(E)). Assurances temporary. Since Title I, Part A ARRA funds are available for only two years, the inclusion of these funds in the cap on school-level reductions will unnecessarily penalize LEAs that provided additional ARRA funds for schools to implement school improvement and reform activities. Accordingly, FLDOE believes that, ultimately, the requested waiver will help more schools and LEAs within Florida make AYP by enabling them to direct funds thoughtfully to activities that will help students meet the annual measureable objectives set forth above. Reporting Comments FLDOE hereby assures that, if granted the requested waiver, Florida will implement the waiver only with respect to LEAs that provide assurances that they will comply with all other Title I, Part A statutory and regulatory obligations (to the extent they are not waived). Florida hereby assures that, if granted the requested waiver, it will submit to the USDE, by September 30 of each year in which this waiver is effective, a report that provides the name and NCES District Identification Number for which this waiver applies. Comments from COP: None Comments from LEAs: None Comments from the public: None Page 15 Florida Department of Education Request for Waivers of Title I, Part A Regulations Regarding ARRA Section 1116(c)(7)(A)(iii): Inclusion of ARRA Funds in the 10 Percent Professional Development Set-asides for LEAs Identified as in Need of Improvement Specific Waiver Request FLDOE is requesting a waiver for FY 2009 of the requirement in section 1116(c)(7)(A)(iii) of ESEA to determine an LEA identified for improvement's 10 percent professional development set-aside based on the LEA's total FY 2009 Title I, Part A allocation (i.e., including the regular Title I, Part A allocation and Title I, Part A allocation under ARRA). In particular, Florida is seeking this waiver to allow LEAs within Florida that are identified for improvement to exclude some or all of the Title I, Part A funds they receive under ARRA in calculating their 10 percent professional development set-aside. Title I, Part A Federal program(s) affected by the requested waiver Particular statutory or regulatory requirement(s) for which the waiver is sought Section 1116(c)(7)(A)(iii) and 34 C.F.R. Section 200.52(3)(iii) Section 1116(c)(7) LOCAL EDUCATIONAL AGENCY REVISIONS(A) PLAN- Each local educational agency identified under paragraph (3) shall, not later than 3 months after being so identified, develop or revise a local educational agency plan, in consultation with parents, school staff, and others. Such plan shall-- (iii) address the professional development needs of the instructional staff serving the agency by committing to spend not less than 10 percent of the funds received by the local educational agency under subpart 2 for each fiscal year in which the agency is identified for improvement for professional development (including funds reserved for professional development under subsection (b)(3)(A)(iii)), but excluding funds reserved for professional development under section 1119. Sec. 200.52 LEA improvement. (3) The LEA improvement plan must-(i) Address the professional development needs of the instructional staff serving the LEA by committing to spend for professional development not less than 10 percent of the funds received by the LEA under subpart A of this part for each fiscal year in which the SEA identifies the LEA for improvement. These funds-a. May include funds reserved by schools for professional development under Sec. 200.41(c)(5); but b. May not include funds reserved for professional development under section 1119 of the ESEA Florida believes that the requested waiver will increase the quality of instruction for students and improve the academic achievement of students by providing each LEA within Florida with flexibility to spend ARRA funds that the LEA would otherwise be obligated to spend on professional development on other allowable Title I, Part A activities that the LEA believes best address its particular needs. Florida will determine adequate yearly progress (AYP) based on assessments administered in the 2009-2010 school year in accordance with the requirements of section 1111(b)(2) of the ESEA and in accordance with the growth model approved by USDE. Adequate Yearly Progress Benchmarks in Florida Year Reading Mathematics 2007-08 58 62 How the waiver will increase the quality of instruction for students and improve the academic achievement of students (ESEA section 9401(b)(1)(B)) For each school year, specific, measurable educational goals, in accordance with section 1111(b) of the ESEA, for the SEA and for each LEA, Indian tribe, or school that Page 16 Florida Department of Education Request for Waivers of Title I, Part A Regulations Regarding ARRA Section 1116(c)(7)(A)(iii): Inclusion of ARRA Funds in the 10 Percent Professional Development Set-asides for LEAs Identified as in Need of Improvement would be affected by the waiver and the methods to be used to measure annual progress for meeting those goals (ESEA section 9401(b)(1)(C)) How the waiver will assist the SEA and each affected LEA, Indian tribe, or school in reaching those goals 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 65 72 79 86 93 100 68 74 80 86 93 100 FLDOE believes that the requested waiver will increase the quality of instruction for students and improve the academic achievement of students by ensuring that LEAs develop and implement a focused professional development system based on proven success. Through the waiver, each LEA identified for improvement will work collaboratively with the FLDOE support team to determine appropriate professional development activities based on the comprehensive needs assessment as outlined in section 1114(b)(1)(D) including a review of student performance and teacher quality data. 6 Florida's Differentiated Accountability (DA) model approved by USDE, outlines Florida's tiered approach to working directly with LEAs and schools to increase student achievement. The assistance provided to LEAs is through a regional system of support designed to address the areas of need including: curriculum and instruction, school leadership, school improvement planning, professional development, teacher quality, and continuous school improvement. In implementing this waiver, LEAs will work collaboratively with the Regional Executive Director to determine the professional development needs, best use of funds, and implementation of high-quality professional development at the LEA level. FLDOE believes that the basic 10 percent set-aside, which LEAs identified for in improvement will allocate from the regular Title I allocation, is substantial and adequate to meet current needs. This waiver, if granted would allow LEAs flexibility in the allocation of Title I, Part A ARRA funds. This would not be a "blanket" waiver of the entire set-aside, but allocations would be based on identified needs. For example, if the regional support team identifies a need to implement a completely different reform model at a low-performing school, the funds set-aside may include the full 10 percent (Title I, Part A regular and Title I, Part A ARRA). However, if the comprehensive needs assessment indicates that the reform model already in place is working, then the school may setaside 10 percent of regular Title I, Part A only. In implementing this waiver, FLDOE will ensure that LEAs which request a waiver of the inclusion of Title I, Part A ARRA funds in set-asides will provide FLDOE with the following: o Assurances as described in this waiver request; o Amount of funds the LEA seeks to exclude from the calculation for which the LEA is implementing the waiver; and o An LEA will include in the application and/or amendment a description of the following: o Data on which it relied to identify the needs that will be address using the funds freed up by the waiver, and o Evidence that supports the strategies it intends to use to address those needs. 6 http://www.ed.gov/admins/lead/account/differentiatedaccountability/flconditions.pdf Page 17 Florida Department of Education Request for Waivers of Title I, Part A Regulations Regarding ARRA Section 1116(c)(7)(A)(iii): Inclusion of ARRA Funds in the 10 Percent Professional Development Set-asides for LEAs Identified as in Need of Improvement FLDOE will review and approve all LEAs requests that contain all required information and that plan to implement the waiver in accordance with the conditions of the waiver. FLDOE believes that, ultimately, the flexibility provided by the requested waiver with respect to how ARRA funds may be spent for allowable Title I, Part A activities may help more schools and LEAs within the state make AYP by enabling them to direct funds appropriately to help their students meet the annual measureable objectives set forth above. Florida hereby assures that, if granted, the requested waiver will be implemented only with respect to LEAs that provide assurances that they will: o Comply with its statutory and regulatory obligations for the professional development set-aside with respect to its regular Title I, Part A allocation; o LEAs will develop professional development plans based on the comprehensive needs assessment; o Use the funds freed up by the waiver to address identified needs based on data, such as statewide or formative assessment results; o Comply with all of its other Title I, Part A statutory and regulatory obligations, including the obligations in sections 1114 and 1115 to have schoolwide and targeted assistance programs that "use effective methods and instructional strategies that are based on scientifically based research (to the extent they are not waived);" and o Submit an application for Title I funds (referred to herein as "LEA application"), or, if necessary, an amendment to its existing LEA application, that describes the data on which it relied to identify needs that will be addressed using the funds freed up by the waiver and the evidence that supports the strategies it intends to use to address those needs. FLDOE will not approve an LEA to implement the waiver unless or until the LEA has an approved application (or amended application) that includes the required description of the data on which the LEA relied to identify needs and the evidence that supports the strategies to address those needs. If necessary to carry out these assurances, FLDOE will require an LEA seeking to implement the waiver to amend its application in accordance with the usual process for changing an LEA's application. FLDOE hereby assures that, if granted the requested waiver, it will submit to the USDE, by September 30, 2010, a report that sets forth the name and NCES District Identification Number for each LEA implementing the waiver. FLDOE will also report to USDE the name and NCES District Identification Number for each LEA that requested but was denied permission to implement the waiver. Comments from COP: 1: Waivers related to ARRA funds will provide flexibility to spend ARRA funds that the LEA would otherwise be obligated to spend on LEA activities identified through data-driven analysis of need. Activities driven by needs assessments will directly impact educational outcomes. ARRA activities related to professional development will improve the quality of instruction in those areas the LEA has determined need the most concentrated effort. 2: Given that a large majority of a school's and LEA's ARRA funds will be used How schools will continue to provide assistance to the same populations served by the program(s) for which the waiver is requested Assurances Reporting Comments Page 18 Florida Department of Education Request for Waivers of Title I, Part A Regulations Regarding ARRA Section 1116(c)(7)(A)(iii): Inclusion of ARRA Funds in the 10 Percent Professional Development Set-asides for LEAs Identified as in Need of Improvement for staff development purposes, but some district's may need maximum flexibility to utilize Title I funds to support programs that may not be classified as staff development but are directly impacting student achievement. This waiver allows flexibility for those schools and LEAs (although it is possible that no LEAs are left that are still required to set aside 10%.) Comments from LEAs: None Comments from the public: None Page 19 Florida Department of Education Request for Waivers of Title I, Part A Regulations Regarding ARRA Section 1116 (e)(6)(A): Inclusion of ARRA Funds in the Calculation of the Per-pupil Allocation (PPA) for SES Specific Waiver Request FLDOE is requesting a waiver for FY 2009 of the requirement to determine the per-pupil amount (PPA) for supplemental educational services (SES) based on an LEA's total FY 2009 Title I, Part A allocation (i.e., including both its regular Title I, Part A allocation and its Title I, Part A allocation under ARRA). Specifically, this waiver will allow LEAs within Florida to exclude the Title I, Part A funds received under ARRA in calculating the PPA for SES. Title I, Part A Federal program(s) affected by the requested waiver Particular statutory or regulatory requirement(s) for which the waiver is sought Section 1116(e)(6)(A) of the ESEA and 34 C.F.R. ? 200.48(c)(1) Section 1116(e)(6)(A):AMOUNTS FOR SUPPLEMENTAL EDUCATIONAL SERVICES- The amount that a local educational agency shall make available for supplemental educational services for each child receiving those services under this subsection shall be the lesser of-(A) the amount of the agency's allocation under subpart 2, divided by the number of children from families below the poverty level counted under section 1124(c)(1)(A). 34 C.F.R. ? 200.48(c)(1): Funding for choice-related transportation and supplemental educational services. (c) Per-child funding for supplemental educational services. For each student receiving supplemental educational services under Sec. 200.45, the LEA must make available the lesser of-1. The amount of its allocation under subpart A of this part, divided by the number of students from families below the poverty level, as counted under section 1124(c)(1)(A) of the ESEA; or 2. The actual costs of the supplemental educational services received by the student. FLDOE believes that in implementing the requested waiver to reduce the PPA based on the regular Title I, Part A allocations, will allow LEAs to provide SES to a greater number of students. How the waiver will increase the quality of instruction for students and improve the academic achievement of students For each school year, specific, measurable educational goals, in accordance with section 1111(b) of the ESEA, for the SEA and for each LEA, Indian tribe, or school that would be affected by the waiver and the methods to be used to measure annual progress for meeting those goals How the waiver will assist the SEA and each affected LEA, or school in reaching those goals Florida will determine adequate yearly progress (AYP) based on assessments administered in the 2009-2010 school year in accordance with the requirements of section 1111(b)(2) of the ESEA and in accordance with the growth model approved by USDE. 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 Adequate Yearly Progress Benchmarks in Florida Year Reading Mathematics 58 62 65 68 72 74 79 80 86 86 93 93 100 100 FLDOE believes that, ultimately, allowing an LEA to exclude ARRA funds in determining the PPA for SES and thereby allowing more students to receive SES may help more schools and LEAs within Florida make AYP by enabling more students to receive services that will help them meet the annual measurable objectives set forth above. Page 20 Florida Department of Education Request for Waivers of Title I, Part A Regulations Regarding ARRA Section 1116 (e)(6)(A): Inclusion of ARRA Funds in the Calculation of the Per-pupil Allocation (PPA) for SES In implementing this waiver, FLDOE will ensure that LEAs which request a waiver of the inclusion of Title I, Part A ARRA funds in the calculation of the PPA for SES will provide FLDOE with the following: o Assurances as described in this waiver request; and o The amount of funds the LEA seeks to exclude from the calculation for which the LEA is implementing the waiver. FLDOE will review and approved all LEAs requests that contain all required information and that plan to implement the waiver in accordance with the conditions of the waiver. Florida LEAs will continue to provide SES to eligible students through the 20 percent set-aside and associated PPA applied to the regular Title I funds. Eligible students are those students eligible to receive free or reduced price meals and enrolled in schools in need of improvement in years 1 and above as described in the approved Florida Differentiated Accountability Plan. 7 If granted, FLDOE will implement the waiver only with respect to LEAs that provide assurances that they will comply with all of the statutory and regulatory requirements regarding the provision of SES with respect to the regular FY 2009 Title I, Part A allocation (to the extent they are not waived). Florida hereby assures that, if granted the requested waiver, it will submit to USDE, by September 30, 2010, a report that provides the name and NCES District Identification Number for each LEA implementing the waiver. In addition, FLDOE assures that the information on the PPA for SES by LEA will be posted on the Web site as required by 34 C.F.R. ? 200.47(a)(1)(ii)(B)(2). The information will reflect the implementation of this waiver by each LEA. Comments from COP: 1: This would keep the PPA amount at a more reasonable level and would allow more students to be served through the SES program. Many districts currently have waiting lists already and without this waiver the number of students on the waiting list would increase. Less students would receive supplemental instruction, thus perhaps, negatively impacting their achievement. Comments from LEAs: See letter from Alberto M. Carvalho, Superintendent of Miami-Dade School System Comments from the public: None How schools will continue to provide assistance to the same populations served by the program(s) for which the waiver is requested Assurances Reporting Comments 7 http://www.ed.gov/admins/lead/account/differentiatedaccountability/flconditions.pdf Page 21 Florida Department of Education Request for Waivers of Title I, Part A Regulations Regarding ARRA Section 1116(e)(12): Restriction on LEAs and Schools Identified as in Need of Improvement from Becoming an Approved SES Provider Specific Waiver Request FLDOE is requesting 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 LEAs identified for improvement or corrective action. Title I, Part A Federal program(s) affected by the requested waiver Particular statutory or regulatory requirement(s) for which the waiver is sought Section 1116(e) (12) and 34 C.F.R. ? 200.47(b)(1)(iv)(A-B) Section 1116(e)(12)(B): DEFINITIONS- In this subsection-- (B) the term provider' means a non-profit entity, a for-profit entity, or a local educational agency that-- (i) has a demonstrated record of effectiveness in increasing student academic achievement; (ii) is capable of providing supplemental educational services that are consistent with the instructional program of the local educational agency and the academic standards described under section 1111; and (iii) is financially sound. 34 C.F.R. ? 200.47(b)(1)(iv)(A-B):(b) Standards for approving providers. (2) As used in this section and in ?200.46, ``provider'' means a non-profit entity, a for-profit entity, an LEA, an educational service agency, a public school, including a public charter school, or a private school that-(i) Has a demonstrated record of effectiveness in increasing the academic achievement of students in subjects relevant to meeting the state's academic content and student achievement standards described under ? 200.1; (ii) Is capable of providing supplemental educational services that are consistent with the instructional program of the LEA and with the state academic content standards and state student achievement standards described under ? 200.1; (iii) Is financially sound; and (iv) In the case of-(A) A public school, has not been identified under ?? 200.32, 200.33, or 200.34; or (B) An LEA, has not been identified under ?200.50(d) or (e). Under the law, Florida may approve as an SES provider only an entity that has a demonstrated record of effectiveness in increasing student academic achievement. FLDOE believes that identified schools and LEAs will be able to establish that they have effective programs that can help improve academic achievement of students and should not be prevented automatically from gaining approval simply because of their improvement status. FLDOE has set annual measurable objectives for reading and mathematics proficiency based on Florida's ultimate goal to have 100% of all students proficient in both reading and mathematics by 2013-14 and are among those covered by SES provided in Florida. For 2009-2010, the state objective for reading is to have at least 72 percent of all students and each subgroup "on track to be proficient." For 2009-2010, the state objective for mathematics is to have at least 74 percent of all students and each subgroup "on track to be proficient." How the waiver will increase the quality of instruction for students and improve the academic achievement of students For each school year, specific, measurable educational goals, in accordance with section 1111(b) of the ESEA, for the SEA and for each LEA, Indian tribe, or school that would be affected by the waiver and the methods to be used to measure Page 22 Florida Department of Education Request for Waivers of Title I, Part A Regulations Regarding ARRA Section 1116(e)(12): Restriction on LEAs and Schools Identified as in Need of Improvement from Becoming an Approved SES Provider annual progress for meeting those goals 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 Adequate Yearly Progress Benchmarks in Florida Year Reading Mathematics 58 62 65 68 72 74 79 80 86 86 93 93 100 100 How the waiver will assist the SEA and each affected LEA, or school in reaching those goals FLDOE will determine adequate yearly progress (AYP) based on assessments administered in the 2009-2010 school year in accordance with the requirements of section 1111(b)(2) of ESEA and in accordance with the growth model approved by the USDE. 8 FLDOE believes that, ultimately, allowing some identified schools or LEAs to serve as SES providers may help more students within Florida reach the state's proficiency objectives. Implementation of the waiver will allow Florida to implement the ARRA principle to improve student achievement through school improvement and reform by providing high quality tutoring to students eligible to participate in the SES program. LEAs will continue to provide SES to students eligible to participate as described in the approved Differentiated Accountability Model. 9 How schools will continue to provide assistance to the same populations served by the program(s) for which the waiver is requested Assurances Reporting Comments If FLDOE is granted the requested waiver, Florida will ensure that only those LEAs and schools that meet the state's requirements for SES providers are approved to be on the state's list of approved SES providers for the 2009-2010 school year. FLDOE hereby assures that, if granted the requested waiver, it will submit to USDE, by September 30, 2010, a report that provides the total number of LEAs identified for improvement or corrective action that were approved to be SES providers for the 2009-2010 school year and the total number of schools identified for improvement, corrective action, or restructuring that were approved to be SES providers for the 2009-2010 school year. Comments from COP: 1: A waiver for the current prohibition on approving schools and LEAs in improvement status will allow those school districts receiving conditional approvals to move forward with the provision of SES services. This waiver is critical in smaller counties or counties without an adequate number of providers to meet the needs of students. The waiver will increase access to extended day supplemental instruction to increase student achievement. Comments from LEAs: See letter from Alberto M. Carvalho, Superintendent of Miami-Dade School System Comments from the public: None 8 9 http://www.ed.gov/admins/lead/account/growthmodel/fl/flcontinuation08.pdf http://www.ed.gov/admins/lead/account/differentiatedaccountability/flconditions.pdf Page 23 Florida Department of Education Request for Waivers of Title I, Part A Regulations Regarding ARRA Section 1119 (c) and (d): Requirements for Highly Qualified Paraprofessionals in Newly Identify Title I Schools Specific Waiver Request FLDOE is requesting a one year waiver of the restrictions related to highly qualified paraprofessionals in newly funded Title I schools for the 2009-10 school year only. Specifically, FLDOE is requesting that paraprofessionals in newly identified Title I schools be granted an additional year to meet the highly qualified requirements and that LEAs be allowed to use of Title I, Part A funds to support this endeavor. Title I, Part A Federal program(s) affected by the requested waiver Particular statutory or regulatory requirement(s) for which the waiver is sought How the waiver will increase the quality of instruction for students and improve the academic achievement of students Section 1119 (c) and (d): (c) NEW PARAPROFESSIONALS.-- (1) IN GENERAL.--Each local educational agency receiving assistance under this part shall ensure that all paraprofessionals hired after the date of enactment of the No Child Left Behind Act of 2001 and working in a program supported with funds under this part shall have-- (A) completed at least 2 years of study at an institution of higher education; (B) obtained an associate's (or higher) degree; or (C) met a rigorous standard of quality and can demonstrate, through a formal State or local academic assessment-- (i) knowledge of, and the ability to assist in instructing, reading, writing, and mathematics; or (ii) knowledge of, and the ability to assist in instructing, reading readiness, writing readiness, and mathematics readiness, as appropriate. (d) EXISTING PARAPROFESSIONALS.--Each local educational agency receiving assistance under this part shall ensure that all paraprofessionals hired before the date of enactment of the No Child Left Behind Act of 2001, and working in a program supported with funds under this part shall, not later than 4 years after the date of enactment satisfy the requirements of subsection (c). Instructional Paraprofessionals provide valuable services to students by assisting with tasks such as: o Leading small group discussions designed by the teacher; o Offering one-on-one tutoring to students using instructional plans designed by the teacher; o Assisting with classroom management, such as by organizing instructional materials, etc.; o Assisting students in completing assignments after directions have been given by the teacher; and o Provide instructional assistance on technology related tasks. Additional paraprofessionals would assist highly qualified teachers provide quality instruction, assist with more parental involvement as well as providing additional translators for more individualized instruction in the overall effort to close the achievement gap. With the significant expansion of Title I schools in the state, the need to have additional paraprofessionals is critical to teacher effectiveness. Florida believes that granting a waiver from the highly qualified requirement for one year will have a direct correlation to student achievement and will assist schools in meeting the annual measurable objectives listed below by increasing Page 24 Florida Department of Education Request for Waivers of Title I, Part A Regulations Regarding ARRA Section 1119 (c) and (d): Requirements for Highly Qualified Paraprofessionals in Newly Identify Title I Schools the pool of highly qualified paraprofessionals over the long term. LEAs and schools will work with the non-highly qualified paraprofessionals during the year by providing staff development, mentoring, coaching, and/or tuition reimbursement to take college courses to meet the highly qualified requirements. In implementing this waiver, FLDOE will ensure that LEAs, on behalf of newly identified Title I schools, which request a waiver of the restrictions related to the highly qualified status of paraprofessionals and the use of Title I, Part A funds to assist these paraprofessionals will provide FLDOE with the following: o Assurances as described in this waiver request; and o Implement the waiver only in newly identified schools. FLDOE will review and approve all LEAs requests that contain all required information and that plan to implement the waiver in accordance with the conditions of the waiver. Progress will be determined through a comparison of highly qualified paraprofessionals employed in Title I and non-Title I schools. At the end of the 2007-2008 school year, Title I schools had 99.36 percent of paraprofessionals highly qualified. Those not highly qualified provided non-instructional support. In non-Title I schools the percentage was much lower at 61.01 percent. Expectations for the approved waiver are that the percentage of highly qualified paraprofessionals will increase. LEAs will increase the number of Title I schools, especially secondary schools and will provide additional support to assist the non-highly qualified paraprofessionals to meet the qualifications outlined in Section 1119 of ESEA. Annual progress will be measured by schools, LEAs and SEA through the reporting of highly qualified and non-highly qualified paraprofessionals. Student achievement will be measured through the Florida Comprehensive Assessment Test (FCAT) which assists in determining the adequate yearly progress of the LEAs and schools in Florida. A waiver from the provisions in Section 1119(c) and (d) will ensure that LEAs can develop a pool of highly qualified paraprofessionals, save jobs, and impact student achievement by increasing the knowledge and skills of paraprofessionals in the LEA. Implementation of this waiver request will assist Florida in meeting the following ARRA principles: 10 o Spend funds quickly to save and create jobs: If the waiver is granted LEAs in Florida will be able to increase the number of jobs created in newly identified Title I schools. ARRA funds will be used to hire or continue paraprofessional positions. o Improve student achievement through school improvement and reform. The use of Title I, Part A and ARRA funds will be used to provide paraprofessionals in newly identified Title I schools and will improve student achievement and help close the achievement gap by: o Making improvements in teacher effectiveness and in the equitable distribution of qualified teachers for all students, particularly students who are most in need; o Improving the knowledge and skills of paraprofessionals assigned to provide For each school year, specific, measurable educational goals, in accordance with section 1111(b) of the ESEA, for the SEA and for each LEA, Indian tribe, or school that would be affected by the waiver and the methods to be used to measure annual progress for meeting those goals How the waiver will assist the SEA and each affected LEA, or school in reaching those goals 10 http://www.ed.gov/policy/gen/leg/recovery/factsheet/title-i.html Page 25 Florida Department of Education Request for Waivers of Title I, Part A Regulations Regarding ARRA Section 1119 (c) and (d): Requirements for Highly Qualified Paraprofessionals in Newly Identify Title I Schools support to students attending newly identified Title I schools; and o Providing intensive support and effective interventions for the lowestperforming schools. o Invest one-time ARRA funds thoughtfully to minimize the "funding cliff": The use of ARRA funds to provide support to paraprofessionals to become highly qualified during the 2009-2010 year will lead to improvement for many years to come. LEAs will continue to implement strategies to assist students to meet the state's challenging academic standards. LEAs and schools will continue to implement the provisions describing duties and responsibilities of paraprofessionals outlined in Section 1119 (g) and the direct supervision provisions outlined in Section 1119g)(3)(A). If Florida is granted the requested waiver, Florida will implement the waiver only with respect to LEAs that provide assurances that they will comply with: o Title I, Part A statutory and regulatory requirements (to the extent they are not waived), including the requirements in sections 1114 and 1115 of the ESEA to have schoolwide and targeted assistance programs that use effective methods and instructional strategies that are based on scientifically based research; and o The additional year and use of Title I funds to meet the highly qualified requirements will only be granted to paraprofessionals serving newly identified as Title I schools. FLDOE will also verify through monitoring that all LEAs, at a minimum, require the principal of each school operating a program under this waiver to attest annually in writing as to whether such school is in compliance with the requirements of section 1119. Copies of attestations under shall: o Be maintained at each school operating a program under section 1114 or 1115 and at the main office of the LEA; and o Be available to any member of the general public upon request. Florida hereby assures that, if granted the requested waiver, it will submit to USDE, by September 30, 2010, a report that provides the name and NCES District Identification Number for which this waiver applies as well as information pertaining to the number and percentage of highly qualified and non-highly qualified paraprofessionals in Florida schools. Comments from COP: None Comments from LEAs: None Comments from the public: None How schools will continue to provide assistance to the same populations served by the program(s) for which the waiver is requested Assurances Reporting Comments Page 26 Florida Department of Education Request for Waivers of Title I, Part A Regulations Regarding ARRA Section 1127(b): Limitation Prohibiting a Waiver of the Carry-over Limitation to Only Once in Three Years Specific Waiver Request FLDOE is requesting a two-year waiver of the limitation that prohibits the FLDOE from granting an LEA a waiver of the carryover limitation more than once every three years. Florida believes that LEAs need the waiver(s) because of the total amount of FY 2009 Title I, Part A funds has significantly increased. FLDOE is requesting this waiver for FY 2009 Title I, Part A funds and to LEA requests to carry over FY 2010 Title I, Part A funds in excess of the carryover limitation. Title I, Part A Federal program(s) affected by the requested waiver Particular statutory or regulatory requirement(s) for which the waiver is sought Section 1127(b) and 34 C.F.R. ? 76.709 Section 1127(b): CARRYOVER AND WAIVER. (b) WAIVER- A State educational agency may, once every 3 years, waive the percentage limitation in subsection (a) if -- (1) the agency determines that the request of a local educational agency is reasonable and necessary; or (2) supplemental appropriations for this subpart become available. 34 C.F.R. Section 76.709: Funds may be obligated during a carryover period. (a) If a State or a subgrantee does not obligate all of its grant or subgrant funds by the end of the fiscal year for which Congress appropriated the funds, it may obligate the remaining funds during a carryover period of one additional fiscal year. (b) The State shall return to the Federal Government any carryover funds not obligated by the end of the carryover period by the State and its subgrantees. FLDOE believes that the requested waiver will provide the state with the ability to grant an LEA the flexibility it needs to spend its FY 2009 Title I, Part A funds thoughtfully over the course of two years on activities that are most likely to improve the academic achievement of students. FLDOE will determine AYP based on assessments administered in the 2009- 2010 school year in accordance with the requirements of section 1111(b)(2) of the ESEA and in accordance with the growth model approved by USDE. 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 Adequate Yearly Progress Benchmarks in Florida Year Reading Mathematics 58 62 65 68 72 74 79 80 86 86 93 93 100 100 How the waiver will increase the quality of instruction for students and improve the academic achievement of students For each school year, specific, measurable educational goals, in accordance with section 1111(b) of the ESEA, for the SEA and for each LEA, Indian tribe, or school that would be affected by the waiver and the methods to be used to measure annual progress for meeting those goals How the waiver will assist the SEA and each affected LEA, or school in reaching those goals Implementation of this waiver request will assist Florida in meeting the following ARRA principles: 11 o Spend funds quickly to save and create jobs: If the waiver is granted LEAs in Florida will be able to increase the number of jobs created in newly identified Title I schools. ARRA funds will be used to create, save, or continue jobs in 11 http://www.ed.gov/policy/gen/leg/recovery/factsheet/title-i.html Page 27 Florida Department of Education Request for Waivers of Title I, Part A Regulations Regarding ARRA Section 1127(b): Limitation Prohibiting a Waiver of the Carry-over Limitation to Only Once in Three Years Florida LEAs and schools; o Improve student achievement through school improvement and reform: The exclusion of Title I, Part A ARRA funds will enable LEAs and schools to provide additional teaching positions to further reduce class size, provide instructional coaches in newly identified or low-performing schools and paraprofessionals in newly identified Title I schools; and o Invest one-time ARRA funds thoughtfully to minimize the "funding cliff": ARRA funds will be used to provide support to teachers through on-going professional development via instructional coaches in reading, mathematics, and science. The professional development provided by these coaches will lead to improvement for many years to come. FLDOE believes that, ultimately, the flexibility provided by the requested waiver will allow Title I, Part A activities will help more schools and LEAs within Florida make AYP by enabling them to direct funds appropriately to help their students meet the annual measurable objectives set forth above. How schools will continue to provide assistance to the same populations served by the program(s) for which the waiver is requested Assurances FLDOE will ensure that an LEA that is interested in obtaining a waiver of the carryover limitation in section 1127(a) so that it can carry over more than 15 percent of its Title I, Part A FY 2009 or FY 2010 allocation and has already received such a waiver within the prior three years (or receives such a waiver with respect to its FY 2009 funds), applies to the SEA in accordance with Florida's regular procedures for waivers of the carryover limitation. FLDOE hereby assures that it will implement the requested waiver only with respect to LEAs that need a waiver of the carryover limitation for the second (or third) time within three years because of its ARRA funds. FLDOE hereby assures that, if it is granted the requested waiver, Florida will implement the waiver only with respect to LEAs that provide assurances that they will: o Use the funds carried forward by the waiver to address needs identified based on data, such as statewide or formative assessment results; o Comply with all of its other Title I, Part A statutory and regulatory obligations, including the obligations in sections 1114 and 1115 to have schoolwide and targeted assistance programs that use effective methods and instructional strategies that are based on scientifically based research; and o Submit an application for Title I funds, or, if necessary, an amendment to its existing LEA application, that describes the data on which it relied to identify needs that will be addressed using the funds freed up by the waiver and the evidence that supports the strategies it intends to use to address those needs. FLDOE further assures that an LEA's application or amendment to an LEA's application will not be approved unless or until it determines that, based on the LEA's description; the LEA has satisfied its obligation to identify needs based on data and address those needs using evidence-based strategies. Florida hereby assures that, if granted the requested waiver, it will submit to USDE, by September 30, 2010 and September 30, 2011, a report that provides the name and NCES District Identification Number for each LEA implementing the waiver. Reporting Page 28 Florida Department of Education Request for Waivers of Title I, Part A Regulations Regarding ARRA Section 1127(b): Limitation Prohibiting a Waiver of the Carry-over Limitation to Only Once in Three Years Comments Comments from COP: None Comments from LEAs: See letter from Alberto M. Carvalho, Superintendent of Miami-Dade School System Comments from the public: None Page 29 Florida Department of Education Request for Waivers of Title I, Part A Regulations Regarding ARRA Section 1122(c): Inclusion of ARRA Funds in the Hold-harmless Reduction in Funds Provision Specific Waiver Request FLDOE is requesting a two-year waiver of the limitation that prohibits FLDOE from reducing funds allocated to LEAs to no less than 85% of the funds received in the preceding year. Specifically, Florida requests to exclude the ARRA funds when calculating the hold-harmless provisions. Since ARRA funds were designed to be used by LEAs from 2009-2011, Florida believes that the inclusion of these funds in the calculations of the hold-harmless provisions would penalize the SEA when the ARRA funds are no longer available. FLDOE is requesting this waiver for fiscal year (FY) 2009 Title I, Part A funds and to the allocation made to LEAs in FY 2010 and FY 2011. Title I, Part A Federal program(s) affected by the requested waiver Particular statutory or regulatory requirement(s) for which the waiver is sought Section 1122(c) and 34 C.F.R. ? ?200.73 and 200.100(d) Section 1122 (c): Allocations to States: Hold-Harmless Amounts-- (1) AMOUNTS FOR SECTIONS 1124, 1124A, AND 1125- For each fiscal year, the amount made available to each local educational agency under each of sections 1124, 1124A, and 1125 shall be -- (A) not less than 95 percent of the amount made available for the preceding fiscal year if the number of children counted for grants under section 1124 is not less than 30 percent of the total number of children aged 5 to 17 years, inclusive, in the local educational agency; (B) not less than 90 percent of the amount made available for the preceding fiscal year if the percentage described in subparagraph (A) is between 15 percent and 30 percent; and (C) not less than 85 percent of the amount made available for the preceding fiscal year if the percentage described in subparagraph (A) is below 15 percent. 34 C.F.R. ?200.73 (a) General. (1) Except as authorized under paragraph (c) of this section and Sec. 200.100(d)(2), an SEA may not reduce the allocation of an eligible LEA below the hold-harmless amounts established under paragraph (a)(4) of this section. (2) The hold-harmless protection limits the maximum reduction of an LEA's allocation compared to the LEA's allocation for the preceding year. (3) Except as provided in Sec. 200.100(d), an SEA must apply the holdharmless requirement separately for basic grants, concentration grants, targeted grants, and education finance incentive grants as described in paragraph (a)(4) of this section. (4) Under section 1122(c) of the ESEA, the hold-harmless percentage varies based on the LEA's proportion of formula children, as shown in the following table: LEA's number of formula children ages 5 to 17, inclusive, as a percentage of its total population of children ages 5 to 17, inclusive (i) 30% or more (ii)15% or more but less than 30% (iii)Less than 15% Holdharmless percentage 95 90 85 Applicable grant formulas Basic Grants Concentration Grants Targeted Grants and Education Finance Incentive Grants Page 30 Florida Department of Education Request for Waivers of Title I, Part A Regulations Regarding ARRA Section 1122(c): Inclusion of ARRA Funds in the Hold-harmless Reduction in Funds Provision (b) Targeted grants and education finance incentive grants. The number of formula children used to determine the hold-harmless percentage is the number before applying the weights described in section 1125 and section 1125A of the ESEA. (c) Adjustment for insufficient funds. If the amounts made available to the State are insufficient to pay the full amount that each LEA is eligible to receive under paragraph (a)(4) of this section, the SEA must ratably reduce the allocations for all LEAs in the State to the amount available. (d) Eligibility for hold-harmless protection. (1) An LEA must meet the eligibility requirements for a basic grant, targeted grant, or education finance incentive grant under Sec. 200.71 in order for the applicable hold-harmless provision to apply. 34 C.F.R. Section 200.100(d): Reservations and hold-harmless. In reserving funds under paragraphs (b) and (c) of this section, an SEA may-(1) Proportionately reduce each LEA's total allocation received under section 1002(a) of the ESEA while ensuring that no LEA receives in total less than the hold-harmless percentage under Sec. 200.73(a)(4), except that, when the amount remaining is insufficient to pay all LEAs the hold-harmless amount provided in Sec. 200.73, the SEA shall ratably reduce each LEA's hold-harmless allocation to the amount available; or (2) Proportionately reduce each LEA's total allocation received under section 1002(a) of the ESEA even if an LEA's total allocation falls below its holdharmless percentage under Sec. 200.74(a)(3). FLDOE believes that the requested waiver will provide the state with the ability to grant an LEA the flexibility it needs to spend its Title I, Part A ARRA funds thoughtfully over the course of two years on activities that are most likely to improve the academic achievement of students. FLDOE will determine AYP based on assessments administered in the 2009- 2010 school year in accordance with the requirements of section 1111(b)(2) of the ESEA and in accordance with the growth model approved by USDE. 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 Adequate Yearly Progress Benchmarks in Florida Year Reading Mathematics 58 62 65 68 72 74 79 80 86 86 93 93 100 100 How the waiver will increase the quality of instruction for students and improve the academic achievement of students For each school year, specific, measurable educational goals, in accordance with section 1111(b) of the ESEA, for the SEA and for each LEA, Indian tribe, or school that would be affected by the waiver and the methods to be used to measure annual progress for meeting those goals How the waiver will assist the SEA and each affected LEA, or school in reaching those goals How schools will continue to provide assistance to the same populations served by the program(s) for which the waiver is requested Implementation of this waiver request will assist Florida in meeting the ARRA principles to invest one-time ARRA funds thoughtfully to minimize the "funding cliff." ARRA represents a historic infusion of funds that is expected to be temporary. Since Title I, Part A funds are available for only two years, the inclusion of these funds will unnecessarily penalize the SEA when the funds are no longer available. Accordingly, FLDOE believes that, ultimately, the requested waiver will help more schools and LEAs within Florida make AYP by enabling them to direct their funds thoughtfully to activities that will help their students meet the annual measureable objectives set forth above. Page 31 Florida Department of Education Request for Waivers of Title I, Part A Regulations Regarding ARRA Section 1122(c): Inclusion of ARRA Funds in the Hold-harmless Reduction in Funds Provision Assurances FLDOE hereby assures that, if granted the requested waiver, Florida will implement the waiver only with respect to LEAs that provide assurances that it will comply with all of they other Title I, Part A statutory and regulatory obligations (to the extent they are not waived). Florida hereby assures that, if granted the requested waiver, it will submit to USDE, by September 30, 2011 a report that provides the name and NCES District Identification Number for which this waiver applies. Comments from COP: None Comments from LEAs: None Comments from the public: None Reporting Comments Page 32 Florida Department of Education Request for Waivers of Title I, Part A Regulations Regarding ARRA Section 2141: Use of Title I, Part A Funds to Pay the Salary and Related Benefits for Additional Paraprofessionals in Newly Identified Title I Schools Specific Waiver Request Federal program(s) affected by the requested waiver Particular statutory or regulatory requirement(s) for which the waiver is sought FLDOE is requesting a waiver of the restrictions related to the use of Title I, Part A funds to hire additional instructional paraprofessionals in Title I schools. Title I, Part A and Title II, Part A How the waiver will increase the quality of instruction for students and improve the academic achievement of students For each school year, specific, measurable educational goals, in accordance with section 1111(b) of the ESEA, for the SEA and for each LEA, Indian tribe, or school that would be affected by the waiver and the methods to be used to measure annual progress for meeting those goals Section 2141(c)(2): ACCOUNTABILITY- After the third year of the plan described in section 1119(a)(2), if the State educational agency determines, based on the reports described in section 1119(b)(1), that the local educational agency has failed to make progress toward meeting the annual measurable objectives described in section 1119(a)(2), and has failed to make adequate yearly progress as described under section 1111(b)(2)(B), for 3 consecutive years, the State educational agency shall enter into an agreement with such local educational agency on the use of that agency's funds under this part. As part of this agreement, the State educational agency -- (2)(A) except as provided in subparagraphs (B) and (C), shall prohibit the use of funds received under part A of title I to fund any paraprofessional hired after the date such determination is made. Instructional Paraprofessionals provide valuable services to students by assisting with tasks such as: o Leading small group discussions designed by the teacher; o Offering one-on-one tutoring to students using instructional plans designed by the teacher; o Assisting with classroom management, such as by organizing instructional materials, etc.; o Assisting students in completing assignments after directions have been given by the teacher; and o Provide instructional assistance on technology related tasks. Additional paraprofessionals would assist highly qualified teachers provide quality instruction, assist with more parental involvement as well as providing additional translators for more individualized instruction in the overall effort to close the achievement gap. With the expansion of Title I schools in the state, the need to have additional paraprofessionals is critical to teacher effectiveness. Progress will be determined through a comparison of highly qualified paraprofessionals employed in Title I and non-Title I schools. At the end of the 2007-2008 school year, Title I schools had 99.36 percent of paraprofessionals highly qualified. Those not highly qualified provided non-instructional support. In non-Title I schools the percentage was much lower at 61.01 percent. Expectations for the approved waiver are that the percentage of highly qualified paraprofessionals will increase. LEAs will increase the number of Title I schools, especially secondary schools and will provide additional support to assist the non-highly qualified paraprofessionals to meet the qualifications outlined in Section 1119 of ESEA. Annual progress will be measured by schools, LEAs and SEA through the reporting of highly qualified and non-highly qualified paraprofessionals. Student achievement will be measured through the Florida Comprehensive Assessment Test (FCAT) which assists in determining the adequate yearly progress of the LEAs and schools in Florida. Page 33 Florida Department of Education Request for Waivers of Title I, Part A Regulations Regarding ARRA Section 2141: Use of Title I, Part A Funds to Pay the Salary and Related Benefits for Additional Paraprofessionals in Newly Identified Title I Schools How the waiver will assist the SEA and each affected LEA, or school in reaching those goals Implementation of this waiver will assist FLDOE in meeting the following ARRA principles: 12 o Spend funds quickly to save and create jobs: Upon approval of the waiver, LEAs will increase the number of jobs created in newly identified Title I schools. ARRA funds will be used to hire or continue paraprofessional positions. o Improve student achievement through school improvement and reform. Title I, Part A and ARRA funds will be used to provide paraprofessionals in newly identified Title I schools, to improve student achievement and further close the achievement gap: o Increasing the number of instructional paraprofessionals; o Making improvements in teacher effectiveness; o Increasing equitable distribution of qualified teachers for all students, particularly students who are most in need; and o Providing intensive support and effective interventions for the lowestperforming schools. o Invest one-time ARRA funds thoughtfully to minimize the "funding cliff": Prior to the depletion of ARRA funding, LEAs and schools will select from the pool of highly qualified paraprofessionals for further development to become future highly qualified teachers in the schools for which they have already been assisting. LEAs will continue to implement strategies to assist students to meet the state's challenging academic standards. LEAs and schools will continue to o Implement strategies to assist students to meet the state's challenging academic standards; and o Implement the provisions describing duties and responsibilities of paraprofessionals outlined in Section 1119 (g) and the direct supervision provisions outlined in Section 1119(g)(3)(A). If Florida is granted the requested waiver, FLDOE will implement the waiver only with respect to LEAs that provide assurances that will comply with : o Title I, Part A statutory and regulatory requirements (to the extent they are not waived), including the requirements in sections 1114 and 1115 of the ESEA to have schoolwide and targeted assistance programs that use effective methods and instructional strategies that are based on scientifically based research. FLDOE will also verify through monitoring that all LEAs, at a minimum, require the principal of each school operating a program under this waiver to attest annually in writing as to whether such school is in compliance with the requirements of section 1119. Copies of attestations under shall: o Be maintained at each school operating a program under section 1114 or 1115 and at the main office of the local educational agency; and o Be available to any member of the general public on request. Reporting FLDOE hereby assures to submit to USDE, by September 30, 2010, a report that provides the name and NCES District Identification Number for which this waiver applies and the percentages of HQ and non-HQ paraprofessionals. How schools will continue to provide assistance to the same populations served by the program(s) for which the waiver is requested Assurances 12 http://www.ed.gov/policy/gen/leg/recovery/factsheet/title-i.html Page 34 Florida Department of Education Request for Waivers of Title I, Part A Regulations Regarding ARRA Section 2141: Use of Title I, Part A Funds to Pay the Salary and Related Benefits for Additional Paraprofessionals in Newly Identified Title I Schools Comments Comments from COP: None Comments from LEAs: None Comments from the public: None Page 35 file:///I|/Title%20I,%20Part%20A;%20BASIC/Staff%20Folders/Anderson,%20Jan/Final%20Submission/RE%20Changes%20to%20BSA%20Waiver.htm From: Bacen, Lisa Sent: Thursday, August 06, 2009 1:46 PM To: Abbott, Joshua Cc: Anderson, Jan Subject: RE: Changes to BSA: Waiver Follow Up Flag: Follow up Flag Status: Completed Request for public comment posted of the Bureau of Student Assistance Web site on 08.06.09. THANKS! Lisa Lisa Bacen Chief, Bureau of Student Assistance Florida Department of Education 325 W Gaines Street, Suite 348 Tallahassee, Florida 32399-0400 850-245-0828 (p) 850-245-0683 (f) From: Abbott, Joshua Sent: Thursday, August 06, 2009 1:39 PM To: Webrequest Cc: Bacen, Lisa; Green, Katrice Subject: Changes to BSA: Waiver On this page: http://www.fldoe.org/bsa/ Please make the following addition as indicated below: Lisa Bacen Bureau Chief 325 West Gaines Street Tallahassee, Florida 32399-0400 Phone: (850) 245-9939 Fax: (850) 245-0697 bsa@fldoe.org file:///I|/Title%20I,%20Part%20A;%20BASIC/Staff%20...%20Submission/RE%20Changes%20to%20BSA%20Waiver.htm (1 of 3)9/4/2009 11:08:23 AM file:///I|/Title%20I,%20Part%20A;%20BASIC/Staff%20Folders/Anderson,%20Jan/Final%20Submission/RE%20Changes%20to%20BSA%20Waiver.htm About Us The Bureau of Student Assistance (BSA) operates in the context of the Department's vision, mission, and guiding principles to provide leadership and support for educationally disadvantaged and low-income students, migratory children, neglected, delinquent or homeless children and youth. Programs q Title I Part A Title I, Part A, is intended to help ensure that all children have the opportunity to obtain a high-quality education and reach proficiency on challenging state academic standards and assessments. As the largest federal program supporting elementary and secondary education, Title I targets these resources to the districts and schools where the needs are greatest. Title I Part A: Public School Options (PSO) The mission of this office is to lead statewide efforts to close the achievement gaps affecting students whose educational opportunities are limited by low-performing schools, to increase awareness among parents and other community members about public school options in Florida and to ensure all students are well-served and No Student Is Left Behind. Title I Part C: Migrant Education Program (MEP) The purpose of this program is to ensure that the special educational needs of migrant children are identified and addressed. This program supports high-quality and comprehensive educational programs for migrant children in order to help reduce the educational disruptions and other education related problems that result from frequent moves. Title I Part D: Neglected, Delinquent, and At-Risk Education Program (N&D) The purpose of Prevention and Intervention Programs for Children and Youth who are Neglected, Delinquent, or At-Risk is to improve educational services for children and youth in local and State institutions for neglected or delinquent children and youth so that such children and youth have the opportunity to meet the same challenging State academic content standards and challenging State student academic achievement standards that all children in the State are expected to meet. q q q file:///I|/Title%20I,%20Part%20A;%20BASIC/Staff%20...%20Submission/RE%20Changes%20to%20BSA%20Waiver.htm (2 of 3)9/4/2009 11:08:23 AM file:///I|/Title%20I,%20Part%20A;%20BASIC/Staff%20Folders/Anderson,%20Jan/Final%20Submission/RE%20Changes%20to%20BSA%20Waiver.htm q Title VI: Rural & Low Income Schools Program (RLIS) The purpose of this program is to address the unique needs of rural local educational agencies (LEAs). RLIS provides additional resources to assist rural LEAs in increasing student achievement and meet the goals of Title VI. Title X: Homeless Education Program (HEP) The McKinney-Vento Education for Homeless Children and Youth Program is designed to address the problems that homeless children and youth have faced in enrolling, attending, and succeeding in school. Under this program, state educational agencies must ensure that each homeless child and youth has equal access to the same free, appropriate public education, including a public preschool education, as other children and youth. q Helpful Links q q q q q q Florida Waiver Request - NEW!!! (Please link to attachment) The Florida Department of Education is pleased to provide for comment its draft request to the US Department of Education for waivers to specific statutory and regulatory provisions of Title I, Part A of the Elementary and Secondary Education Act (ESEA) of 1965, reauthorized as the No Child Left Behind Act of 2001. Please submit all comments on this waiver request by Friday, August 14, 2009 to: TitleIStimulus@fldoe.org. Grants Management System Sign Up for Paperless Communication Office of Federal Programs BSA Staff Parent Involvement Joshua Abbott Public School Options Florida Department of Education 325 West Gaines Street, Suite 316 Tallahassee, FL 32399-0400 Phone: 850.245.7892 Fax: 850.245.0705 Website: http://www.fldoe.org/flbpso/ file:///I|/Title%20I,%20Part%20A;%20BASIC/Staff%20...%20Submission/RE%20Changes%20to%20BSA%20Waiver.htm (3 of 3)9/4/2009 11:08:23 AM file:///I|/Title%20I,%20Part%20A;%20BASIC/Staff%20Folders/Anders...mission/COP%20Input%20Regarding%20Title%20I%20ARRA%20Waivers.htm From: Jeffrey Eakins [Jeffrey.Eakins@sdhc.k12.fl.us] Sent: Wednesday, July 08, 2009 4:02 PM To: Andrea Larsen; Carol Calfee; Celia Elrod; Cipriano Garza; Doretha Edgecomb; Edith Aldrich; Jeffrey Eakins; Karen Lindsay; Marjorie Murray; Mary Jane Ford; Meda Arbor; Paul Parker; Paula Key Jones; Sharon Warnecke; Tad McGriff; Tanna Gartside; Tom Townsend Cc: Vicenta Faucette; Kandee King; Bacen, Lisa; Vitti, Nikolai; Anderson, Jan Subject: COP Input Regarding Title I ARRA Waivers Request for input from the Committee Follow Up Flag: Follow up Flag Status: Completed of Practitioners 07.08.09. Attachments: title-i-waiver.doc; COP Input on Waivers.doc I apologize if you are getting this a second time. I needed to change the "subject" line. Attention Committee Members, Earlier today, Lisa Bacen sent out a correspondence to Title I Coordinators related to the recently released guidance from the USDE related to the Title I ARRA waiver process (see below). The Florida Department of Education is asking the committee to provide feedback regarding waivers Florida should request on behalf of the districts. Attached is a copy of the USDE waiver guidance along with a COP feedback form that you should fill out and return to Lisa Bacen via e-mail by Friday, July 17th. If you have questions about any of the waivers, please feel free to give myself or Lisa a call. My number is 813-2724475. Lisa's number is 850-245-0828. It would also be a good idea to contact your peers in other districts to seek their input prior to submitting the form to Lisa. Thank you for your attention to this important issue that impacts all Florida districts. Jeff Eakins General Director, Federal Programs Hillsborough County Public Schools (813) 272-4475 Fax: (813) 272-4863 jeffrey.eakins@sdhc.k12.fl.us Kandee King 272-4875 Vickie Dawkins 272-4942 Cheryl Bunting 272-4478 Vicenta Faucette 272-4462 Dear Coordinators: The much-anticipated guidance from the US Department of Education (USED) on the Title I, Part A waiver process has finally been released in *DRAFT*. You may access the guidance at: http:// www.ed.gov/policy/gen/leg/recovery/programs.html. The draft invites requests for waivers of file:///I|/Title%20I,%20Part%20A;%20BASIC/Staff%20...Input%20Regarding%20Title%20I%20ARRA%20Waivers.htm (1 of 2)9/4/2009 11:08:23 AM file:///I|/Title%20I,%20Part%20A;%20BASIC/Staff%20Folders/Anders...mission/COP%20Input%20Regarding%20Title%20I%20ARRA%20Waivers.htm certain Title I, Part A requirements, lays out the process to obtain waivers, and provides examples of the different waiver requests USED is inviting. Please keep in mind that the examples provided are not exhaustive and, barring those items listed in question A-4, the USED will consider other types of waiver requests as well. We will be working with the Committee of Practitioners on the waivers Florida may request. Once we finalize the request, we will provide an opportunity for you and the public to comment. We anticipate this comment period to occur in late July. All comments will be submitted to USED along with the waiver request and will be taken into consideration when granting particular waivers. We will certainly keep you posted as new information becomes available. Thanks! Lisa Lisa Bacen Chief, Bureau of Student Assistance Florida Department of Education 325 W Gaines Street, Suite 348 Tallahassee, Florida 32399-0400 850-245-0828 (p) 850-245-0803 (f) file:///I|/Title%20I,%20Part%20A;%20BASIC/Staff%20...Input%20Regarding%20Title%20I%20ARRA%20Waivers.htm (2 of 2)9/4/2009 11:08:23 AM COMMITTEE OF PRACTITIONERS INPUT FORM US DEPARTMENT OF EDUCATION WAIVER REQUEST DUE JULY 17, 2009 On July 7, 2009, the US Department of Education (USED) released draft guidance on the waiver request process and examples of the different waiver requests USED is inviting in relation to the Title I, Part A American Recovery and Reinvestment Act (ARRA) funds. Please keep in mind that the examples provided below are not exhaustive and, barring those items listed in question A4, the USED will consider other types of waiver requests as well. The Florida Department of Education is requesting recommendations from the Committee of Practitioners on the types of waivers we should request and the rationale. Name of Committee Member: Which waivers would you recommend Florida apply? 14-day notice requirement for Choice with Transportation Prohibition on approving schools and LEAs in improvement, corrective action, or restructuring to become Supplemental Educational Services (SES) providers Application of the 20 percent set-aside for Choice with Transportation and SES on ARRA funds Exclusion of ARRA funds when determining the per-pupil amount available for SES Application of the 10 percent set-aside on ARRA funds for schools in need of improvement Application of the 10 percent set-aside on ARRA funds for LEAs in need of improvement Limitation on carrying forward more than 15 percent of Title I funds Maintenance of Effort Other - Please list: For each waiver selected above, please provide the rationale for applying for the waiver, including how it will increase educational outcomes and improve the quality of instruction. Please return this form via email by July 17 to: Lisa.Bacen@fldoe.org file:///I|/Title%20I,%20Part%20A;%20BASIC/Staff%20Folders/Anderso...Final%20Submission/Florida%20Waiver%20Request%20for%20Comment.htm From: Bacen, Lisa Sent: Wednesday, August 05, 2009 9:55 AM To: 'TI-DIRECTORS-L@lserv.fldoe.org'; 'SES-CONTACTS-L@lserv.fldoe.org' Subject: Florida Waiver Request for Comment Follow Up Flag: Follow up Flag Status: Completed Attachments: Florida Waiver Request Draft.pdf Request for comments from LEAs 08.05.09 Dear District Coordinators: The Florida Department of Education is pleased to provide for comment its draft request to the US Department of Education for waivers to specific statutory and regulatory provisions of Title I, Part A of the Elementary and Secondary Education Act (ESEA) of 1965, reauthorized as the No Child Left Behind Act of 2001. In accordance with Section 9401 of the ESEA, the Department will submit all comments received from Local Educational Agencies (LEAs) with its waiver request to the US Department of Education. Please submit all comments on this waiver request by Friday, August 14, 2009 to: TitleIStimulus@fldoe.org. Thank you in advance for your consideration, Lisa Lisa Bacen Chief, Bureau of Student Assistance Florida Department of Education 325 W Gaines Street, Suite 348 Tallahassee, Florida 32399-0400 850-245-0828 (p) 850-245-0683 (f) file:///I|/Title%20I,%20Part%20A;%20BASIC/Staff%20Folde...bmission/Florida%20Waiver%20Request%20for%20Comment.htm9/4/2009 11:25:30 AM file:///I|/Title%20I,%20Part%20A;%20BASIC/Staff%20Folders/Anders...20Submission/Fw%20Florida%20Waiver%20Request%20for%20Comment.htm From: Bacen, Lisa Sent: Tuesday, August 11, 2009 9:15 PM To: Anderson, Jan Subject: Fw: Florida Waiver Request for Comment Follow Up Flag: Follow up Flag Status: Red If I didn't already forward this to you... From: Sara Joe Wooten To: Bacen, Lisa Sent: Tue Aug 11 07:47:18 2009 Subject: RE: Florida Waiver Request for Comment Thanks for including the Choice/SES waiver request. We do not need the additional funds for these services. We need human resources during the school day to assist students. Even though parents sign the "intent to receive services" there are those parents who don't use the services. We had funds for 66 students last year and served 60. And, as you well know, there is no Choice for Gulf County students. Thanks for your dedication to the welfare of students. Sara Joe From: Bacen, Lisa [mailto:Lisa.Bacen@FLDOE.ORG] Sent: Wednesday, August 05, 2009 9:55 AM To: SES-CONTACTS-L@LSERV.FLDOE.ORG Subject: Florida Waiver Request for Comment Dear District Coordinators: The Florida Department of Education is pleased to provide for comment its draft request to the US Department of Education for waivers to specific statutory and regulatory provisions of Title I, Part A of the Elementary and Secondary Education Act (ESEA) of 1965, reauthorized as the No Child Left Behind Act of 2001. In accordance with Section 9401 of the ESEA, the Department will submit all comments received from Local Educational Agencies (LEAs) with its waiver request to the US Department of Education. Please submit all comments on this waiver request by Friday, August 14, 2009 to: TitleIStimulus@fldoe.org. Thank you in advance for your consideration, Lisa file:///I|/Title%20I,%20Part%20A;%20BASIC/Staff%20...w%20Florida%20Waiver%20Request%20for%20Comment.htm (1 of 2)9/4/2009 11:08:23 AM file:///I|/Title%20I,%20Part%20A;%20BASIC/Staff%20Folders/Anders...20Submission/Fw%20Florida%20Waiver%20Request%20for%20Comment.htm Lisa Bacen Chief, Bureau of Student Assistance Florida Department of Education 325 W Gaines Street, Suite 348 Tallahassee, Florida 32399-0400 850-245-0828 (p) 850-245-0683 (f) The information contained in this email and any attachments is confidential and may be subject to copyright or other intellectual property protection. If you are not the intended recipient, you are not authorized to use or disclose this information, and we request that you notify us by reply mail or telephone and delete the original message from your mail system. The information contained in this email and any attachments is confidential and may be subject to copyright or other intellectual property protection. If you are not the intended recipient, you are not authorized to use or disclose this information, and we request that you notify us by reply mail or telephone and delete the original message from your mail system. file:///I|/Title%20I,%20Part%20A;%20BASIC/Staff%20...w%20Florida%20Waiver%20Request%20for%20Comment.htm (2 of 2)9/4/2009 11:08:23 AM file:///I|/Title%20I,%20Part%20A;%20BASIC/Staff%20Folders/Anderson,%20Jan/Final%20Submission/FW%2020%25%20waiver.htm From: Bacen, Lisa Sent: Monday, August 10, 2009 8:25 AM To: Anderson, Jan Subject: FW: 20% waiver Follow Up Flag: Follow up Flag Status: Red Lisa Lisa Bacen Chief, Bureau of Student Assistance Florida Department of Education 325 W Gaines Street, Suite 348 Tallahassee, Florida 32399-0400 850-245-0828 (p) 850-245-0683 (f) From: Moffitt, Deborah D. [mailto:Moffitd@sumter.k12.fl.us] Sent: Wednesday, August 05, 2009 5:41 PM To: TitleIStimulus Subject: 20% waiver I encourage the State to request a waiver for the 20% set-a-side for SES and CWT from the ARRA funds. That would put a hold on a lot of money that could not all be spent by the noted deadline. The funds could be better used by the district for programs and personnel in the school to assist students now either during the day or after school. Thanks, Debbie Debbie Moffitt Sr. Director of Curriculum and Instructional Programs 2680 W CR 476, Bldg. 3 Bushnell, FL 33513 352-793-2315 x 260 352-793-4377 fax file:///I|/Title%20I,%20Part%20A;%20BASIC/Staff%20Folde...erson,%20Jan/Final%20Submission/FW%2020%25%20waiver.htm9/4/2009 11:08:23 AM 1 _,ky 0 Miami-Dade Count Public Schools giving our students the world Dr Marta P?rez, Wee Cha/r Agustin J, Barrera Rer/ier Diaz de la Po/1/lla Ju| 1 O0 Dr Lawrence S, Feldman 7" 2 9 Perla Tabares l-lantman Dr \/Wlbelt "Tee" Holloway Dr Mart/n Karp Ana Rlvas Logan Dr. Eric Smith, Commissioner of Education Office of the Commissioner lg; Florida Department of Education "ig Turlington Building, Suite 1514 if! 325 West Gaines Street Tallahassee, Florida 32399 TQ Dear Dr. Smith: On April 3, 2009, I wrote to you regarding the American Recovery and Reinvestment Act (ARRA) of 2009 and the opportunity it provides states and school districts to save jobs as well as improve student achievement through school improvement and reform. I also stressed how critical I thought it was for flexibility to be granted to State Education Agencies (SEAS) and Local Education Agencies (LEAs) to ultimately achieve true reform, innovation, and improvement. Additionally, I encouraged you to seek from the United States Secretary of Education all allowable waivers relative to Title I, Part A statutory and regulatory requirements in order to maximize the flexibility I was advocating. As I am aware that the Secretary of Education recently released Draft Non-Regulatory Guidance on Title I, Part A Waivers and has invited specific waiver requests from the SEAS, I want to declare my intent to request from the state, on behalf of Miami-Dade County Public Schools the waivers listed below, contingent upon the state's request for and approval of such waivers by the United States Department of Education. 1. Waiver to allow M-DCPS to exclude all FY 2009-2010 Title I, Part A, ARRA funds in calculating the percent set-aside" for Choice-related transportation and Supplemental Educational Sen/ices (SES). 2. Waiver to allow M-DCPS to deliver tutorial services in Miami-Dade County during FY 2009-2010, as a State-approved SES Provider. 3. Waiver to exclude all FY 2009-2010 Title I, Part A, ARRA funds in calculating the per-pupil amount for SES. 4. Waiver to potentially carry funds over the 15% limitation to FY 2010-2011 and FY 2011-2012, for Title I, Part A, and Title I, Part A, ARRA, if needed. School Board Administration Building 1450 N.E. 2nd Avenue - Miami, Florida 33132 305-995-1000 - Dr. Eric Smith July 17, 2009 Page 2 of 3 In regard to the 20% set-aside, the District believes that the requested waiver will increase the quality of instruction for students and improve their academic achievement by providing the District the flexibility to spend ARRA funds, that it would othen/vise be obligated to spend on SES or Choice-related transportation, on other allowable Title I, Part A activities that the District believes best address the particular needs of its students. Furthermore, in relation to the request for the 20% set-aside waiver, I am providing assurances that the District will comply with its statutory and regulatory obligations for the provision of SES and Public School Choice with respect to its regular Title I, Part A allocation for FY 2009-2010, and will use the funds freed up by the waiver to address needs identified through data obtained from state assessment and interim assessment results. Additionally, regarding the 20% set-aside waiver, the District will comply with all other Title I, Part A statutory and regulatow obligations, including the obligations in sections 1114 and 1115 of the ESEA relative to the use of effective methods and instructional strategies in the schoolwide and targeted assistance programs that are based on scientifically based research, and will submit any required amendments, if appropriate, to the Districts application for Title I, Part A to focus on the identified needs that will be addressed using the funds freed up by this waiver. The request for a waiver to allow to become an SES Provider stems from a strong belief that the District has an effective supplemental instructional program that will help bolster academic achievement of students and that can clearly be an alternative choice for parents in addition to the programs offered by the SES Providers. For your information, the District has recently received from the state conditional approval of its application to serve as an SES Provider for FY 2009-2010. In regard to the waiver pertaining to the calculation of the per-pupil amount for SES, the District believes that the requested waiver allowing for the reduction of the per-pupil amount will permit the District to provide SES to a greater number of students than the fundable number of students that were served in FY 2008-2009. The District assures the state that it will comply with all of the statutory and regulatory requirements regarding the provision of SES with respect to its regular FY 2009-2010 Title I, Part A allocation and it will comply with all other Title I, Part A requirements (to the extent they are not waived) including the requirements in sections 1114 and 1115 of the ESEA to have schoolwide and targeted programs that use effective methods and instructional strategies that are based on scientifically based research. As to the waiver pertaining to the carryover limitation of no more than once every three years, the District believes the request is reasonable and necessary because AARA Dr. Eric Smith July 17, 2009 Page 3 of 3 years, the District believes the request is reasonable and necessary because ARRA constitutes a very large supplemental appropriation to the regular Title l, Part A allocation. Please be assured that believe wholeheartedly in the efficient fiscal management of the funds the District receives via Federal through state entitlement program. Fulthermore, to my knowledge, M-DCPS has never exceeded the 15% carryover limitation. Nevertheless, am requesting the carryover waiver over the course of the next two years in order to thoughtfully and strategically spend these funds on activities that are most likely to improve the academic achievement of students. As am aware that the state has just received guidance on this matter from the United States Department of Education and will be determining the process to receive requests from the LEAs, M-DCPS is prepared to comply with any guidance that the state may issue relative to the waiver requests. Also, please know that, if granted the requested waivers, M-DCPS will be prepared to meet any reporting requirements regarding the implementation and impact ofthe waivers. As always, thank you for your continued consideration and support of the Miami-Dade school district. Please feel free to contact me at 305-995-1430 if you have any questions regarding this communication. Sincerel Alberto M. Car\/alho Superintendent of Schools L043 cc: School Board Members School Board Attorney Superintendenfs Cabinet Dr. Magaly C. Abrahante l\/lr. Rafael E. Urrutia Dr. Frances Haithcock Ms. Lisa Bacen