Tydings Waiver - Uniform Complaint Procedures (CA
TONY THURMOND, State Superintendent of Public Instruction
1430 N Street Sacramento, CA 95814-5901
LINDA DARLING-HAMMOND, State Board President
1430 N Street, Room 5111, Sacramento, CA 95814
September 20, 2019
Mr. Frank Brogan
Assistant Secretary for Elementary and Secondary Education
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-6100
Re: Request for Tydings Waiver
Dear Mr. Brogan:
On behalf of the California State Board of Education, the California Department of Education (CDE), under Elementary and Secondary Education Act (ESEA) Section 8401(b) (20 U.S.C. Section 7861(b)), respectfully requests a waiver of Section 421(b) of the General Education Provisions Act (20 U.S.C. Section 1225(b)) (Tydings Amendment) to extend the period for expenditure of certain fiscal year 2017 Title I, Part A funds, grant number S010A170005, described below.
The subject funds are part of the 2017 Title I, Part A funds allocated to subgrantee, Los Angeles Unified School District (LAUSD). On two separate complaints (ESEA Section 8503; 20 U.S.C. Section 7883), one by the Los Angeles Torah School Consortium (TSC) and the other by Builders of Jewish Education (BJE), consortia of private faith schools located in LAUSD’s attendance areas, LAUSD was ordered to restore certain funds for the provision of Title I services to eligible TSC and BJE students.
In its April 3, 2018, amended decision on TSC’s appeal, the United States Department of Education (ED) directed the CDE to implement certain corrective actions with respect to LAUSD. One of those corrective actions was to identify the amount of any 2015 Title I funds not obligated by September 30, 2016, with directions to LAUSD to use an equivalent amount from its Title I allocation for 2017–18 or 2018–19 school years to provide additional services to eligible students in TSC schools, to compensate for delay in implementing the Title I program in 2015–16. In a decision dated November 2, 2018, the CDE determined the amount to be restored is $518,354.
In its January 25, 2019, decision on LAUSD’s appeal, ED directed LAUSD to restore the sum of $667,815 of 2017–18 funds to provide Title I services for eligible BJE students in the 2018–19 school year, as a result of LAUSD’s improper reduction of the pooled allocation for Title I services in 21 BJE schools. LAUSD later reported that the sum should be increased to $724,295. (CDE case number 2018-0226TM/2018-46CPCM. 1) ED rejected LAUSD’s contention that ESEA Section 1117(a)(4)(B) prohibited carryover of the funds to 2018-19, particularly to remedy the lack of services.
Given the time necessary to resolve both TSC’s and BJE’s complaints and the subsequent appeals, there is a concern that the 2017 funds may not be expended before the end of the 2018–19 fiscal year. Moreover, the restoration was the result of LAUSD’s delay, in the case of TSC, in providing services and, in the case of BJE, of the improper deduction of funds, after the start of the school year, from the amount originally allocated to BJE to provide equitable services. Therefore, allowing the authority to expend the funds to expire on September 30, 2019, before full exhaustion, would frustrate the purpose of the corrective actions and potentially result in eligible TSC and BJE students not being made whole.2 The CDE will continue to monitor implementation of the corrective action as outlined in California Code of Regulations, Title 5, Section 4670.
To ensure that the fiscal year 2017 Title I Part A funds are expended by LAUSD as directed in the corrective actions, the CDE is requesting a waiver of the Tydings period through September 30, 2020. The waiver will permit LAUSD to continue to advance eligible TSC and BJE students’ academic achievement through the provision of Title I academic services as requested by and originally agreed with the TSC and BJE schools.
CDE will hold a 14-day public comment period for relevant stakeholders, including LAUSD, the only local educational agency affected by the waiver, and private schools receiving Title I services in LAUSD attendance areas, including TSC, BJE, and the Roman Catholic Archdiocese of Los Angeles. In addition, notice of the application was posted on the Title I page of the CDE’s website. A copy of the notice is attached, and copies of all comments received by the CDE during the 14-day period will be submitted under separate cover.
If additional information regarding this request is needed, please contact Shanine Coats, Federal Policy Liaison, Government Affairs Division, by phone at 916-319-0570 or by email at firstname.lastname@example.org.
State Superintendent of Public Instruction
California Department of Education
California State Board of Education
1 On May 16, 2019, ED amended its decision to incorporate the higher amount of $724,295.
2 While, in the TSC matter, LAUSD was directed to use 2017 or 2018 funds, LAUSD has not provided any accounting, despite the CDE’s request for one, demonstrating that it has expended the required amount. It is, therefore, particularly important to preserve the availability of 2017 funds to ensure compliance.