ADE Director's Communication Memo Form

Memo Number : LIC-07-005

Date Created : 08/01/2006


Co-op Directors
Elementary Principals
Middle School Principals
High School Principals
other: Co-Op Coordinators

Type of Memo: Regulatory
Response Required: Optional
Section:   Human Resources/Licensure - Beverly A. Williams, Assistant Commissioner
Revised Waiver Request Form for Act 1623 of 2001 and HQT

Regulatory Authority:
No Child Left Behind Act of 2001 (Pub. Law 107-110)

Contact Person:
Beverly Williams

Phone Number:


Rules governing Act 1623 of 2001, require that all school districts submit a waiver request annually to the Arkansas Department of Education (ADE) when employing a licensed teacher in an out-of-area or out-of-grade level position for more than thirty (30) consecutive days.

In addition to the Arkansas Rules governing these waivers, it is imperative that districts be responsive to the federal regulations under No Child Left Behind (NCLB) with regard to Highly Qualified Teachers. Therefore, all waiver requests beginning July 2006 will also address the Highly Qualified Teacher (HQT) status of the teaching assignment and the teacher.

Both No Child Left Behind - Highly Qualified Teachers and the rules governing Arkansas Act 1623 of 2001, require that all school districts provide written parental notification regarding any teacher teaching out-of-area or out-of-grade level or not highly qualified for the assignment for each student in that classroom no later than thirty (30) school days after the date of the assignment. (A sample letter is attached for your convenience.)

Effective immediately, all waiver request(s) must be submitted on the revised Waiver Request Form provided by ADE, which is attached. The Waiver Request Form may also be found on the ADE website by going to Click on teachers, then click on licensure. The revised Waiver Request Form will be located directly below the teacher application.

Completed Waiver Request Forms should be mailed to Beverly Williams, Assistant Commissioner, Human Resources/Licensure at Arkansas Department of Education, #4 Capitol Mall, Room 204B, Little Rock, AR 72201.

All requested information must be provided prior to consideration for approval. Incomplete Waiver Request Form(s) will be returned with no action taken.

Questions regarding waiver requests may be directed to Ron Tolson in professional licensure at 501-682-4342 or to Beverly Williams at 501-682-4210.


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