The good news is that
the waiver provision did not make it into the CRomnibus, which means that, as of now at least, schools must continue to abide by all of the Healthy, Hunger - Free Kids Act's regulations, including the hotly contested provision which currently requires students to take 1/2 cup of fruits or vegetables with their lunch instead of being able to pass those foods by.
Not exact matches
And Kremer points out that although the Regents developed the
waiver option, they were unable to rescind the
provision that says if schools don't meet the November 15th deadline, they have to give back some state aid awarded to them in the budget back in the spring.
«I read this
provision extremely closely, and I don't believe many, if any, governors will actually seek these
waivers.
If Venntro Media Group
does not enforce any
provision of these Terms this will not be considered a
waiver of any
provision or right.
If Venntro Media Group
does not enforce any
provision of these Terms such will not be considered a
waiver of any
provision or right.
And they'll be partly right, for the promised
waivers, once issued, really
do ease the most painful parts of NCLB —
provisions that analysts and critics (ourselves included) have pointed to for a very long time as needing revision.
The Senate bill, which passed in early December,
did not include many of the most concerning
provisions, and the final bill, agreed to by House and Senate Republicans and now nearing a vote, preserves the tax - exempt status of graduate student tuition
waivers and
does away with the House bill's most serious impacts on higher education.
In states operating under the
provisions of the ESEA statute, as well as some states operating under ESEA accountability
waivers, this is
done by applying measures of adequate yearly progress (AYP).
The law gives the secretary of education broad authority to waive some of its
provisions, but some Republicans have insisted that it
does not empower him to condition
waivers on states» adopting a particular education agenda.
In TCTA's view, not only
do these
provisions exceed the parameters of current Texas law, particularly with regard to locally - developed teacher appraisal systems, but they are a holdover from Texas's ESEA
waiver requirements, which are now null and void.
Thanks to the Obama administration's own effort to eviscerate No Child's accountability
provisions through its
waiver gambit, the president (and Secretary of Education Arne Duncan) have
done more to weaken the very reform efforts centrist Democrats embrace than any opposition from traditionalist circles.
But the Obama administration
did provide incentives for states to adopt the standards through its competitive Race to the Top grant program and the
waivers it granted to states seeking to avoid certain
provisions of the No Child Left Behind law.
It would be great if the Obama Administration would abandon its No Child
waiver gambit and enforce No Child's accountability
provisions as it should have
done in the first place.
Even states who
did not get grants were encouraged to adopt signature reforms with the offer of
waivers from the most punitive
provisions of NCLB.
Arguing that the No Child Left Behind Act and its Adequate Yearly Progress
provisions (as well as the less - than - worthy accountability systems launched as part of the Obama Administration's
waiver gambit)
do little more than «test and punish» the NEA - AFT coalition is demanding new accountability systems that «support and improve ``, whatever that means.
After all, as I have noted, the Obama administration's
waiver gambit
does what Sen. Tom Harkin (who chairs the committee) and onetime reformer and former Tennessee governor Lamar Alexander (along with traditionalists such as the National Education Association and American Federation of Teachers) have wanted to
do for a while: Eviscerate the Adequate Yearly Progress accountability
provisions that have spurred a decade of reforms that have led to more kids escaping poverty and prison without having to explain themselves before the public.
Rather than applying for and accepting a
waiver from some of the more onerous
provisions of the federal No Child Left Behind Act in exchange for adopting a series of education reforms as 33 other states have
done, Texas submitted a notice of intent to apply for a
waiver via a different mechanism on the last day of the most recent application period, Sept. 13, 2012.
But even the
waiver provision is limited: Owners of any of the breeds named in the policy who
do not live on base now can not move onto any Marine Corps base with their dogs.
The court held this «poison pill»
provision did not apply where a trial court erroneously held the class
waiver was unenforceable and the error is corrected on appeal.
However, the parts of the
waiver that
did not release LSU could be weighed by the jury; these included an obligation of the participant to have adequate health insurance among other
provisions.
Rocket Lawyer's failure to enforce a
provision is not a
waiver of its right to
do so later.
The no -
waiver provision in section 11 of the Act
did not apply because the agreement that the settlement agreement was not a mere «release», but rather a «settlement» with consideration.
The $ 5000.00 moral of the story is if you're going to revoke the
waiver of your rights to rely on the strict
provisions of an agreement, you must
do so properly by reasonable notice which will include the following key features: