A r c h i v e d  I n f o r m a t i o n

Letter to Louisiana Superintendent Picard approving Louisiana's request for a waiver under section 9401 of the ESEA for the 2005-06 school year

January 13, 2006

Honorable Cecil J. Picard
Superintendent
State Department of Education
626 North 4th Street, 12th Floor
Baton Rouge, Louisiana 70804-9064

Dear Superintendent Picard:

I am writing in response to your request to reverse the order of supplemental educational services (SES) and choice under Title I of the Elementary and Secondary Education Act (ESEA), as amended by the No Child Left Behind Act of 2001 (NCLB) related to the aftermath of hurricanes Katrina and Rita. In your letter dated September 14, 2005, you asked the Department to permit LEAs throughout Louisiana to offer SES instead of choice in those schools identified for their first year of improvement.

In my September 21, 2005 response, I indicated I was not prepared to offer a blanket waiver to Louisiana at that time. In an email from Ms. Robin Jarvis (dated October 19, 2005), Louisiana subsequently sought approval, in a more limited request, for certain hurricane-affected schools in their first year of improvement to offer SES to eligible students rather than offer them a choice to transfer to a school that is not in improvement. Specifically, under your proposal, SES would be provided in three parishes -- Orleans, Calcasieu, and Jefferson -- that were significantly and directly affected by Hurricanes Katrina and Rita and now have limited capacity to offer choice due to structural damage to their schools.

Due to the significant damage and disruption that Orleans, Calcasieu, and Jefferson Parishes have encountered as a result of the hurricanes, I am approving Louisiana's request for a waiver under section 9401 of the ESEA for the 2005-06 school year. The waiver permits the three parishes to provide SES under Title I of the ESEA to eligible students attending Title I schools in the first year of school improvement for this school year, including any summer session, in lieu of public school choice, thereby reversing the statutory order specified in sections 1116(b)(1)(E) and 1116(b)(5)(B). These three parishes would then be responsible for offering both SES and public school choice to eligible students enrolled in any school that moves to the second year of school improvement in the 2006-07 school year.

It is our understanding that Jefferson Parish began offering public school choice to its students on November 5, 2005 – this waiver should not hinder those students' choices, if already made and implemented. Instead, we believe that this policy should enable these three parishes to maximize the numbers of students who can receive tutoring.

As required by section 9401(b)(3)(B) of the ESEA, within 30 days of the date of this letter, each district must provide notice and information to the public about this waiver in the manner in which it customarily provides similar notice to the public. The Department is willing to provide technical assistance on SES and remains available to discuss your progress in serving these students.

Each district must also submit a report under section 9401(e)(1) of the ESEA to the Louisiana Department of Education (LDE) at the end of the 2005-06 school year that describes the district's provision of SES in Title I schools in the first year of school improvement; describes how those schools continued to provide Title I services to eligible students; and evaluates the progress of the district and schools in improving the quality of instruction or the academic achievement of students. LDE must then submit a report to the Department based on the districts' reports.

I am grateful that Congress approved the $1.6 billion Hurricane Katrina education aid package, which will certainly help the students of Louisiana. As you know we have distributed $100 million of those funds to Louisiana and are working quickly to expedite delivery of the rest of this aid to you and the other affected States.

Thank you for your ongoing commitment to ensure that all children receive a quality education. We stand ready to help with your ongoing recovery efforts. Please let me know if you have further questions or comments on the matters contained in this letter.

cc: Honorable Kathleen Blanco