Archived FedPro Message
Subject: Templates for Title I.A Waiver Requests for Local Educational Agencies
ListServ Message Date: August 17, 2009
The United States Department of Education (USED) has granted the Missouri Department of Elementary and Secondary Education (DESE) waivers for the following Title I.A requirements that are affected by the availability of Title I.A ARRA funds:
- An LEA’s obligation to spend an amount equal to at least 20 percent of its FY 2009 Title I, Part A, Subpart 2 allocation on transportation for public school choice and on SES (20 percent obligation) (ESEA section 1116(b)(10); 34 C.F.R. § 200.48).
- The responsibility of a school in improvement to spend 10 percent of its Title I, Part A funds on professional development (ESEA section 1116(b)(3)(A)(iii); 34 C.F.R. § 200.41(c)(5)).
- The responsibility of an LEA in improvement to spend 10 percent of its FY 2009 Title I, Part A, Subpart 2 allocation on professional development (ESEA section 1116(c)(7)(A)(iii); 34 C.F.R. § 200.52(a)(3)(iii)).
- The responsibility of an LEA to calculate the per-pupil amount for SES based on its FY 2009 Title I, Part A, Subpart 2 allocation (per-pupil amount for SES) (ESEA section 1116(e)(6); 34 C.F.R. § 200.48(c)).
Any LEA in the State interested in receiving the benefit of the waiver must apply to the DESE for approval to implement it. All information regarding the Title I.A waiver processes are available on the following website: http://www.dese.mo.gov/divimprove/fedprog/. The information on this website includes templates for the LEA to use to request each waiver, worksheets for professional development, and a spreadsheet with Title I allocations and per-pupil amounts for SES calculations.
DESE has provided sample waiver request templates to ensure the LEA provides appropriate information in their request of a waiver. The LEA may choose to consolidate requests for waivers of more than one provision or may submit separate requests for each waiver. LEA waiver requests should be addressed to Bette Morff, Coordinator, Federal Grants and Financial Management and sent via email to the following address firstname.lastname@example.org
DESE will review the LEA’s request in order to ensure that the LEA provides all required information in its request, and that it plans to implement the waiver in accordance with the conditions of the waiver. DESE may not deny a request from an LEA to implement the waiver if the LEA’s request includes all of the required information and meets all conditions of the SEA’s waiver.
If the LEA submits a waiver request related to the 10 percent professional development obligation for a school in improvement or related to the 10% professional development obligation for an LEA in improvement, the LEA must submit the Professional Development worksheet along with the waiver request.
Once the LEA’s waiver has been approved, the LEA must amend their NCLB application to describe the data on which it relied to identify needs that will be addressed using the funds freed up by the waiver and the evidence that supports the strategies it intends to use to address those needs.
A waiver of one or more of the “set-aside” requirements will be granted for the 2009–2010 school year only. Each set-aside obligation is determined based on an LEA’s Title I.A allocation for a particular fiscal year. Because Title I.A ARRA funds are a part of an LEA’s FY 2009 allocation only, the LEA needs the benefit of a waiver of “set-aside” requirements only for the 2009-2010 school year.
Section 1127(a) of the ESEA prohibits an LEA from carrying over to the next fiscal year more than 15 percent of its Title I.A allocation. Section 1127(b) permits an SEA to waive this limitation once every three years if: (1) the LEA’s request is reasonable and necessary; or (2) a supplemental Title I, Part A appropriation becomes available. DESE has requested a waiver that would enable us to waive the carryover limitation more than once every three years for an LEA that needs the additional waiver because of the ARRA, which provided a supplemental Title I.A appropriation. This process will be handled through the 9/30 Report process on the NCLB application. We will send out further guidance on the 9/30 Report and carryover limitation waiver process for Title I by the end of August.
If you need assistance with the waiver process, please contact your Grants Management Supervisor.
Coordinator, Federal Grants and Financial Management
Missouri Department of Elementary and Secondary Education
PO Box 480
Jefferson City, MO 65102