Federal Waiver for the Once-in-Three Year Approval Restriction
The ESEA (Title I, Part A Section 1127) allows a local education agency (LEA) to carry over up to 15 percent of a fiscal year’s Title I, Part A allocation. The law allows a state education agency (SEA) to grant an LEA a waiver of this carryover limit if: (1) the LEA’s request is reasonable and necessary or (2) a supplemental Title I, Part A appropriation becomes available. However, the law limits the SEA’s ability to grant such a waiver to only once in three years. The 15 percent carryover limit does not apply, if an LEA’s entitlement (including funds transferred-in from other Federal education programs) is less than $50,000 for the fiscal year. Information regarding the Title I carryover limit can be found on the Website U.S. Department of Education's,
Sec. 1127 .
Transferability and Title I Carryover
If an LEA transfers funds from another Federal education program into Title I, Part A under the transferability provision in section 6123 of ESEA, then the additional amount transferred is added to the LEA’s Title I, Part A allocation and the combined amount becomes the base for calculating the 15 percent carryover limitation.
The Availability Period for Fiscal Year 2013-14 Funds
Fiscal year 2013-14 Title I, Part A funds are subject to the 15 percent carryover limit. These funds must be obligated by September 30, 2015 and the obligations must be liquidated by December 31, 2015. Any unobligated 2013-14 funds must be returned to the CDE.
Title I, Part A Carryover Waiver Request
A request to waive the 15 percent carryover limit is embedded in Title I, Part A, Carryover Calculation and Waiver Request, data collection of the Consolidated Application and Reporting System (CARS). An LEA may apply for a carryover waiver by submitting a carryover waiver request in CARS. If the LEA received a waiver of the 15 percent carryover limit for fiscal year 2011-12 or fiscal year 2012-13 funds, the LEA is not allowed to carry over fiscal year 2013-14 funds exceeding the 15 percent limit; therefore, the LEA is considered ineligible to apply for a carryover waiver for the 2013-14 funds. An LEA that is ineligible to apply for a waiver and exceeds the 15 percent carryover limit will be billed for the amount exceeding the 15 percent carryover limit.
The instructions for completing the carryover calculation and the waiver request are included with the CARS data collection. The filing of the waiver request via CARS is not an automatic approval of the waiver request. The CDE will review the LEA’s request and issue a formal approval or denial of the Title I carryover waiver request.
Fiscal Issues: Title I, Part A, Non-regulatory Guidance (DOC; Posted 27-Oct-2014)