Ed-Flex Title I, Part A 15% Carryover Waiver

Section 421 (b) of the General Education Provisions Act states that not more than 15 percent of the Title I, Part A funds allocated to a local educational agency (LEA) for any fiscal year may remain available for obligation by such agency for one additional fiscal year. However, under section 1127 of the ESEA provides that CDE may waive this percentage limitation for LEAs once every 3 years when one of the following applies:

CDE determines that the request of an LEA is reasonable and necessary; or
Supplemental appropriations for this subpart become available

Accordingly, an LEA must receive a waiver from the State to carryover more than 15% of the previous year’s Title I, Part A allocation into the following fiscal year. If the waiver is granted, the LEA will not be eligible to request a waiver of this statute for three years after the approval of the waiver.

*This percentage limitation on carryover does not apply to any LEA that receives less than $50,000 under Title I, Part A.

LEAs must provide the public with adequate and efficient notice of the proposed waiver (e.g., 30 days), including a description of the LEA’s application for the proposed waiver on the LEA’s website (may include affected school websites) with a description of any improved student performance that is expected to result from the waiver. Parents, educators, school administrators, and all other interested members of the community must have the opportunity to comment on the proposed waiver in accordance with any applicable State law specifying how the comments may be received and how the comments may be reviewed by any member of the public. The LEA will submit the comments received with this waiver application or during the CDE monitoring review for waivers.

Please note, the SmartSheet form must be completed in one sitting (the online form will not save your work if you exit the form without submitting). A printable version of the waiver is included here for your reference.

Date Form Completed*

Name of Individual Completing Form*

Email of Individual Completing Form*

District Code and Name*

Select or enter value

Total Title I, Part A Allocation*

Enter the total Title I, Part A allocation for the previous fiscal year.

Expected Carryover*

Enter the expected carryover amount as of the submission of the annual financial report (AFR) for the previous fiscal year.

Percentage*

Enter the percentage of the Title I, Part A carryover amount.

Year the Waiver will be Applied*

Part 1: Waiver Rationale

Rationale*

Describe why a waiver of the 15% carryover limitation is reasonable and necessary for the district. Include an explanation of why this amount was not expended.

Plan*

Describe the plan for the activities the carryover funds will support in the next fiscal year, including the cost per activity.

Part 2: Assurances

Grants Fiscal Consultation*

Please check the box below to confirm that the LEA has discussed this waiver with a CDE Grants Fiscal Representative.

Limit Acknowledgement*

Please check the box below to confirm that the LEA acknowledges this waiver can only be granted once every three years. Should the waiver request for the current fiscal year be granted, the LEA would not be eligible to apply for a similar waiver for three years from the date of the approved waiver.

Public Notice and Comment*

Please check the box below to confirm that the LEA has provided the following to meet public notice and comment requirements:

The LEA has provided the public with adequate and efficient notice of the proposed waiver, including a description of the LEA’s application for the proposed waiver on the LEA’s website (may include affected school websites) with a description of any improved student performance that is expected to result from the waiver;
The LEA has provided the opportunity for parents, educators, school administrators, and all other interested members of the community to comment regarding the proposed waiver authority or waiver;
The LEA has provided the opportunity for public comment, in accordance with any applicable State law specifying how the comments may be received and how the comments may be reviewed by any member of the public; and
The LEA will submit the comments received with the waiver application or during the CDE monitoring review for waivers.

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