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

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

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

Displaying 1 - 33 of 33
Year Public Notice Description Waiver Request Description Decision Description
2023 Requesting a waiver, pursuant to section 8401 of the Elementary and Secondary Education Act of 1965 (ESEA).

2023
2022 Requesting a waiver, pursuant to section 8401 of the Elementary and Secondary Education Act of 1965 (ESEA), as a result of ongoing challenges related to the novel Coronavirus Disease 2019 (COVID-19).
2022 Requesting a waiver, pursuant to Section 8401 of the Elementary and Secondary Education Act of 1965 (ESEA). The Office of Superintendent of Public Instruction (OSPI) has submitted an addendum to the U.S. Department of Education (ED) to request short-term, minimal modifications to the state accountability system as defined in Washington's Every Student Succeeds Act (ESSA) Consolidated Plan on March 7, 2022.




2021 Requesting a strategic waiver for the state of Washington, pursuant to section 8401(b) of the Elementary and Secondary Education Act of 1965 (ESEA), as amended, of requirements, which are detailed in this document. Stakeholders (e.g., district leaders, educators, community-based organizations, legislators, and families) were consulted throughout the development of this waiver, and Washington has aligned this waiver request with our strategic plans and legislative requirements, all designed to further the improvement of public education and its outcomes, through support and effective instruction for all of our public-school students, ages 3–21.

Part 1 Accountability Components Approved on April 6

Part 2 Assessment Components – Waiver Request Withdrawn on April 14

2021 Requesting a waiver, pursuant to section 8401 of the Elementary and Secondary Education Act of 1965 (ESEA), as a result of ongoing challenges related to the novel Coronavirus Disease 2019 (COVID-19).

Granted
2020 Request to waive assessment, accountability, and school identification requirements for the 2019–20 school year.
Granted

2020 Request waivers, pursuant to section 3511 of Division A of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), P.L. 116-136 (H.R. 748), 34 Stat. 281 (Mar. 27, 2020), of the requirement(s) enumerated below on behalf of the State educational agency (SEA) and its subgrantees (e.g., local educational agencies (LEAs)).
Granted
2020 If granted the 21st Century Community Center Programs may request to waive activities provided only during non-school hours or periods when school is not in session (such as before and after school or during summer recess).
Granted
2020 Washington State Office of Superintendent of Public Instruction (OSPI) requested that the U.S. Department of Education (Department) grant a waiver of the same requirements in the Elementary and Secondary Education Act of 1965 (ESEA) regarding statewide assessments, accountability, and related State and local reporting for the 2020-2021 school year that the Department granted for the 2019-2020 school year. Those requirements are the assessment requirements in section 1111(b)(2) of the ESEA, the accountability and school identification requirements in sections 1111(c)(4) and 1111(d)(2)(C)-(D), and certain reporting requirements related to assessments and accountability in section 1111(h). OSPI is requesting this due to challenges that it expects in the 2020-2021 school year related to the Coronavirus Disease 2019 (COVID-19).
Not Granted
2020 Request waivers on behalf of the state educational agency (SEA) and its subgrantees (i.e., local educational agencies (LEAs)), pursuant to section 8401(b) of the Elementary and Secondary Education Act of 1965 (ESEA), related to specific requirements of Title IV, Part A of the ESEA.

Granted
2018 Request to waiver state assessments for Tribal Education Compact Schools
2017 Request for waiver of Duration Access Restriction for FY 2016 Title I, Part A Award Funds
Granted
2016 Request for a waiver of the limitation that prohibits a state educational agency from granting to a local educational agency a wavier of the carryover limitation in Section 1127(a) of the ESEA more than once every three year.
Granted
2016
2016 Request for waiver of the requirement to measure the full breadth of the speaking and listening strand of WA's ELA standards for 2015-16 and 2016-17
Granted
2016
2015 Request for LEAs in Washington that receive subgrants under Title III of the Elementary and Secondary Education Act of 1965, section 3122(a)(3)(A)(iii) for the 2015-16 school year
Granted
2015 Request a one-year waiver of the Title I, Part A regulatory provision that prohibits a state from approving schools and districts in improvement as providers of Supplemental Educational Services
Granted
2015 Request to waive provisions of Section 1116(e) of the Elementary and Secondary Education Act Requirement for Supplemental Educational Services
Not Granted
2015 Request to waive use of student growth on state assessments in teacher and principal evaluations for Washington state’s school improvement grants (SIG) —Cohort III
Partially Granted

2015 Request to waive accountability determinations based on achievement results for assessments administered during the 2014-15 school year
Granted
2014 Request to Waive 14-Day Notice Requirement for Public School Choice for 2014–15 School Year
Granted with Conditions
2014 Request to Waive Provision on Approving an Identified School or LEA as an Supplemental Educational Service Provider
Granted
2014 Washington State's Waiver Request to Waive the Provision that Limits Title I Carryover (Revised)
Granted
2014 Waiver Request to Waive the Provision that Limits Title I Carryover
2013 Washington ESEA Flexibility Amendment Submission Template for Teacher and Principal Evaluation and Support Systems Flexibility Waiver

Washington TPEP and Support Systems Flexibility Waiver Request Stakeholder Outreach and Consultation

2013 Due to SEQUESTRATION—Washington State's Waiver Request to Waive the Provision that Limits Title I Carryover
Granted, May 2013
2013 Washington State Double-Testing & Determination Flexibility Waiver Request

Washington State List of Schools Participating in the Field Test

Washington State ESEA Flexibility Amendment Submission Template


Granted, Feb. 2013
2013 Washington State Waiver Request to Waive the Provision that Prohibits 15% Carryover Limitation
Granted, March 2013
2011 Granted, June 2011
2011 14 day Public School Choice Waiver/HSPE to Math EOC/One Test AYP
Granted, June 2011
2011 2009 Tydings Waiver
Granted, Dec. 2011

Public Notice

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

Waiver Request

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