Sentences with phrase «waiver provisions in»

The article discusses the U.S. Supreme Court's consideration of whether implementation of class action waiver provisions in an arbitration clause in an employment contract, under the FAA, is barred under the National Labor Relations Act.

While recognizing that waiver provisions in federal law have repeatedly been upheld in court, Derthick cautions, «waivers threaten to get out of hand, and to undermine the rule of law.»

BlackRock added the problematic waiver provision in October 2011 after the SEC adopted its whistleblower program rules as part of the Dodd - Frank market reforms which were enacted in 2010.

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.

How lawyers and courts interpret complex issues of whether a particular release is part of a valid settlement or invalid under the no - waiver provision in section 11 of the Act.

Not exact matches

No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Daily Harvest's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

In addition, we intend to post on our website all disclosures that are required by law or Nasdaq stock market listing standards concerning any amendments to, or waivers from, any provision of the code.

Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by an authorized representative of Help Scout.

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.

One of the notable provisions in the scholarship relates to a waiver that allowed students to retain the scholarship even if they...

The provision in H.R. 1, the Tax Cuts and Jobs Act, that would allow graduate tuition waivers to be considered taxable income would significantly harm graduate students financially, slow the pace of American science and threaten our role as the global leader in research.

No waiver by HBO of any provision of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of HBO.

Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision.

Our failure to exercise or enforce any right or provision in this Agreement will not constitute a waiver of such right or provision.

Note: Some of these provisions aren't in current law — some were in the stimulus bill (like Race to the Top), some are in Secretary Duncan's conditional waivers (like teacher evaluations), and some were in one of the bills passed in July (like Title I portability).

The Department of Education's decision to link federal funding to the Core in its Race to the Top program, its NCLB waiver effort, and its «ESEA blueprint,» and the provision of $ 350 million in federal funds for Core - related tests, all alienated anti-Washington conservatives who would have remained neutral if the question had merely concerned states collaborating to set standards in math and English language arts.

Accountability provisions such as these are likely to be muted under the new NCLB waivers, which stipulate that states must focus their improvement efforts on the lowest - performing 15 % of schools, but de-emphasize performance of student sub-groups in every school.

Rotherham observes that there are some broadly supported provisions in the administration's waiver package, such as getting rid of NCLB's «highly qualified teacher rules,» which many states «have gamed... to the point of meaninglessness.»

There are a number of sensible (and often broadly supported) provisions in the administration's waiver package, but there are problems, too.

President Obama sparked much debate in Washington with his plan to grant states waivers from provisions of the No Child Left Behind Act (NCLB), conditional on their willingness to embrace certain reform proposals sketched out in the administration's March 2010 proposal, «A Blueprint for Reform: The Reauthorization of the Elementary and Secondary Education Act.»

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.

A few caveats: First, some of these provisions aren't in current law — some were in the stimulus bill (like Race to the Top), some are in Arne Duncan's conditional waivers (like teacher evaluations), and some are in one of the bills passed this month (like Title I portability).

On January 2, 2014, Commissioner King announced that the United States Department of Education (USDE) had approved New York State's request for a waiver from Elementary and Secondary Education Act (ESEA) provisions that currently require students who take Regents exams in mathematics when they are enrolled in seventh or eighth grade to also take the State mathematics assessment for that grade.

U.S. Secretary of Education Arne Duncan has made awarding waivers from certain onerous provisions of the No Child Left Behind law contingent on states evaluating teachers in a manner he judges acceptable.

Following the introduction of Common Core, the Administration offered $ 4.35 billion in federal Race to the Top grant money, along with waivers from the onerous provisions of the widely derided No Child Left Behind Act.

Nine California districts resubmitted their application Tuesday for a waiver from key provisions and sanctions of the No Child Left Behind law after spending weeks revising the application in response to dozens of questions by a panel of reviewers from the U.S. Department of 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).

After months of negotiations, seven California school districts have received a one - year extension of the waivers from the federal government exempting them from key provisions of the federal No Child Left Behind Act in return for meeting a slew of new requirements.

She advised the secretary and assistant secretary on the Obama Administration's major education reform initiative, ESEA flexibility, which grants waivers of key provisions of the ESEA in exchange for state - led reforms in the areas of standards and assessments, accountability, and educator evaluations.

He and Commissioner of Education Christopher Cerf — who was appointed by Mr. Christie in 2011 and confirmed by the state Senate last year — also received approval for a waiver of provisions of the federal No Child Left Behind Act.

The Obama administration, relying on an obscure provision of the law, created a process in 2011 to grant waivers to states that demonstrated they could set up their own accountability program.

In exchange for granting waivers to states allowing them to ignore these and other provisions of federal law, states have to implement «college and career - ready» standard.

The waiver includes provisions to measure student progress by a number of different metrics and to evaluate teachers based, in part, on student progress.

California submitted an application for a state waiver back in January, but was rejected because it was unable to include provisions that linked teacher evaluations to student performance.

Per the Elementary and Secondary Education Act of 1965 (ESEA) flexibility waiver provisions, ten percent of Virginia's Title I schools (72) are identified as focus schools based on reading and mathematics achievement of students in the three proficiency gap groups.

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.

Superintendents in D.C. to Talk District Waiver With Duncan Superintendents representing a coalition of 10 California school districts, including LAUSD, are scheduled to meet with U.S. Education Secretary Arne Duncan today to make a personal pitch for a district waiver from provisions of No Child Left Behind, which they plan to formally submit nextWaiver With Duncan Superintendents representing a coalition of 10 California school districts, including LAUSD, are scheduled to meet with U.S. Education Secretary Arne Duncan today to make a personal pitch for a district waiver from provisions of No Child Left Behind, which they plan to formally submit nextwaiver from provisions of No Child Left Behind, which they plan to formally submit next week.

The Education Department's decision to provide waivers from key provisions of or flexibility within the Elementary and Secondary Education Act — also known as No Child Left Behind — offers a further boost and a framework for states to make these long overdue reforms in a coherent way.

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.

Texas Commissioner of Education Michael Williams met with U.S. Secretary of Education Arne Duncan in Washington, D.C., June 17, 2013, about Texas» request for a waiver from certain provisions of the Elementary and Secondary Education Act, commonly known as the No Child Left Behind Act.

These same procedures allow schools to charge fees and fines to students in grades 7 - 12, subject to fee waiver provisions.

Because of this flexibility, which states have figured out how to game since No Child signed 13 years ago, reformers in states still under its provisions must work as hard as in waiver states to advance systemic reform.

Add in the fact that L.A. Unified, the which is orchestrating CORE is currently in the midst of an internal power struggle between reform - minded superintendent John Deasy and the cadre of traditionalists and independents led by board president Richard Vladovic who now control the district, and suddenly, the very idea of granting the consortium a waiver from both No Child's waiver provisions (as well as that of California) just comes off as one bad idea.

There's also a special provision directing the State Board of Education to study the requirement that charter schools have a $ 50,000 reserve fund in the event they are shut down, with special consideration of possibly providing some charters waivers for the $ 50k requirement.

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.

Then Secretary of Education, Arne Duncan used this non-sense provision of the failed law in legally suspect ways — waivers — to bribe schools into accepting several federal mandates.

ESSA diverges from both NCLB and ESEA waivers regarding teacher quality provisions by eliminating the federal role in teacher evaluation processes and the «highly qualified teacher» requirement.

But in the last few years, the White House has become a vocal supporter of Common Core, including provisions in its Race To The Top grant program and No Child Left Behind waiver program that states implement «college and career ready standards.»

This gridlock led U.S. Secretary of Education Arne Duncan to announce this summer that he would unilaterally grant states waivers from some of its provisions in exchange for signing on to his preferred reforms.

Obama's rollback comes in the form of a waiver package: States that seek relief from NCLB's provisions — including the 100 percent proficiency requirement in reading and math by 2014, increasingly harsh sanctions against schools deemed as «failing» or the strictly dictated use of federal education money — will have to adapt certain administration - mandated reforms.