Title I, Part A and GEPA Waiver Request Letter

August 18, 2021

The Honorable Ian Rosenblum
Assistant Secretary for Elementary and Secondary Education
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-6100

Dear Assistant Secretary Rosenblum:

RE: Waiver Request for Title I, Part A, and GEPA

On behalf of the California State Board of Education and the California Department of Education (CDE), under Elementary and Secondary Education Act (ESEA) Section 8401(b), California respectfully requests a waiver for the 2020-2021 school year and the fiscal year 2020 Title I, Part A funds, in addition to a waiver for the period of availability of 2019 fiscal funds described in the General Educations Provision Act (GEPA):

• Section 1127(b) of Title I, Part A of the ESEA so that CDE may waive, more than once every three years, if necessary, the 15 percent carryover limitation in ESEA section 1127(a) for fiscal year (FY) 2020 Title I, Part A funds.
• Section 421(b) of the General Education Provisions Act (GEPA) to extend the period of availability of FY 2019 funds for programs in which CDE participates under its approved consolidated State plan until September 30, 2022. These programs are:
  • Title I, Part A of the ESEA (Improving Basic Programs Operated by LEAs), including the portion of the SEA's Title I, Part A award used to carry out section 1003 school improvement, section 1003A direct student services, if applicable, and Title I, Part D, Subpart 2
  • Title I, Part B of the ESEA (State Assessment Formula Grants)
  • Title I, Part D,Subpart 1 of the ESEA (Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At Risk)
  • Title II, Part A of the ESEA (Supporting Effective Instruction)
  • Title III, Part A of the ESEA (English Language Acquisition, Language Enhancement, and Academic Achievement)
  • Title IV, Part A of the ESEA (Student Support and Academic Enrichment Grants)
  • Title IV, Part B of the ESEA (21^st Century Community Learning Centers)
  • Title V, Part B, Subpart 2 of the ESEA (Rural and Low-Income School Program)
  • McKinney-Vento Education for Homeless Children and Youth Programs

Although offered, the CDE will not be taking advantage of the portion of the GEPA waiver that would allow for the extension of the period of availability for the funding for Title I, Part C of the ESEA (Education of Migratory Children).

California is appreciative of the streamlined waiver application released by the U.S. Department of Education and is submitting our request for your approval. The CDE held a public comment period for all stakeholders from July 28, 2021 through August 16, 2021. The CDE received 17 public comments that were all in support of the waiver.

The current public health crisis is unprecedented in scale and scope. We appreciate the flexibility currently being offered and look forward to working with your staff to ensure future needs can be addressed.

If additional information regarding this request is needed, please contact Joseph Saenz, Federal Policy Liaison, Government Affairs Division, by telephone at 916-591-6391 or by email at jsaenz@cde.ca.gov.

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