Federal Waiver for the Once-in-Three Year Approval Restriction
The ESEA (Title I, Part A Section 1127) allows an LEA to carry over up to 15 percent of a fiscal year’s Title I, Part A allocation if: (1) the LEA’s request is reasonable and necessary or (2) a supplemental Title I, Part A appropriation becomes available. The law allows a state education agency (SEA) to grant an LEA a waiver of this carryover limit; however, it limits the SEA’s ability to grant such a waiver to only once in three years. The fifteen 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 carryover and waiver can be found on the website U.S. Department of Education's, Sec. 1127 .
The California Department of Education (CDE) has received a one-year waiver from the U.S. Department of Education (ED) for the once-in-three year restriction on granting an LEA a waiver for the 15 percent carryover limit on Title I funds. The purpose of this waiver is to allow CDE to grant an LEA the flexibility it needs to spend its fiscal year (FY) 2012-13 Title I, Part A funds thoughtfully on activities that are most likely to improve the academic achievement of its students, particularly in light of the uncertainty caused by sequestration.This waiver will allow CDE to waive the 15 percent carryover limit for those LEAs that have already received a carryover waiver for either FY 2010-11 or FY 2011-12. An LEA that did not receive a carryover waiver for either of the previous two years is already eligible to apply for a carryover waiver. All LEAs exceeding the 15 percent carryover limit will need to follow CDE’s regular procedures and apply for the carryover waiver via the Consolidated Application and Reporting System (CARS) in the winter data collection.
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 2012-13 Funds
Fiscal year 2012-13 funds are subject to the 15 percent carryover limit. These funds must be obligated by September 30, 2014 and the obligations must be liquidated by December 30, 2014. Any unobligated 2012-13 funds must be returned to CDE.
Title I, Part A Carryover Waiver Request
A request to waive the 15 percent carryover limit is embedded in the Title I, Part A, Carryover calculation and Waiver Request, data collection of CARS. The LEAs apply for a carryover waiver by submitting a carryover waiver in CARS.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.