Letter to Acting Assistant Secretary Michael Yudin

October 21, 2011

Michael Yudin, Acting Assistant Secretary
Office of Elementary and Secondary Education
U.S. Department of Education
400 Maryland Avenue, S.W., Suite 3C147
Washington, DC  20202-6100

Dear Acting Assistant Secretary Yudin:

The California Department of Education (CDE) and the State Board of Education (SBE) are requesting a waiver of Section 421(b) of the General Education Provisions Act (the “Tydings Amendment”) as it affects the authority of California and its sub-recipients to obligate federal fiscal year (FY) 2009 regular and American Recovery and Reinvestment Act (ARRA) funds after September 30, 2011. Specifically, California is requesting that the authority to obligate funds for the State-administered Elementary and Secondary Education Act programs listed on Attachment 1 be extended to September 30, 2012.

The extended authority to obligate these funds would enable California and its sub-recipients to increase the quality of instruction for students, improve their academic achievement, and continue to assist the same populations served by the programs for which this waiver is being requested in accordance with applicable program requirements.

California assures that it has:

• Provided all sub-recipients of the programs affected by the waiver with notice and a reasonable opportunity to comment on this request through e-mail notification to each grant recipient on October 21, 2011 (see Attachment 2).
• Attached copies of comments California received.
• Provided notice and information regarding this waiver request to the public by posting information regarding the waiver request on the SBE Public Notices Web page at http://www.cde.ca.gov/be/pn/pn/waivernotice20111021.asp.

California further assures that, if it receives the requested waiver, it will:

• Ensure that sub-recipients within the State will use FY 2009 funds carried over as a result of the waiver to carry out activities in accordance with program requirements;
• Hold local educational agencies and schools accountable based on the State’s annual measurable objectives; and
• Estimate the number of jobs created or retained with regular Federal FY 2009 funds after September 30, 2011, in a manner and format consistent with the quarterly reports required under Section 1512 of the ARRA of 2009 and make such estimates available to the U.S. Department of Education upon request.

If you have any questions regarding this subject, please contact Deborah V.H. Sigman, Deputy Superintendent, District, School and Innovation Branch, by phone at 916-319-0812 or by e-mail at dsigman@cde.ca.gov.

TT/MK: fl
Attachment

California