To: Los Angeles Unified School District; Builders of Jewish Education; Los Angeles Torah School Consortium; Roman Catholic Archdiocese of Los Angeles; California Association of Private School Organizations; and members of the public

Public Comment Period for California's Tydings Waiver Request to Extend the Availability of Fiscal Year 2018 Title I, Part A Funds Allocated to Los Angeles Unified School District

The California Department of Education (CDE), on behalf of the State Board of Education, is submitting to the United States Department of Education (ED), a request for a waiver of Section 421(b) of the General Education Provisions Act (20 U.S.C. Section 1225[b]), also known as the Tydings Amendment. The implementation of certain corrective actions imposed on the Los Angeles Unified School District (LAUSD), by extending to September 30, 2022, the period in which to obligate and expend LAUSD’s allocation of 2018–19, Title I, Part A funds.

Summary of the Issue

The subject funds are part of the 2018–19 Title I, Part A funds allocated to subgrantee, LAUSD. On a complaint (Elementary and Secondary Education Act (ESEA) Section 8503; 20 U.S.C. Section 7883), by the Builders of Jewish Education (BJE), consortium 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 BJE students. Under Section 421(b) of the General Education Provisions Act (20 U.S.C. Section 1225[b]), also known as the Tydings Amendment, notwithstanding any other provision of law, Title I, Part A funds may be obligated and expended during the fiscal year for which the funds were appropriated, and the succeeding fiscal year. Without a waiver of the Tydings Amendment, authority to obligate and expend the restored funds will expire September 30, 2021.

The CDE is requesting ED to exercise its statutory authority under ESEA Section 8401(b) (20 U.S.C. Section 7861[b]) to waive the Tydings Amendment to permit the continued availability of the restored funds until September 30, 2022, in order to facilitate the enforcement of the corrective actions and provision of Title I services to eligible children in BJE schools.

In accordance with ESEA Section 8401(b)(3)(A), a 14-day public comment period is available for relevant stakeholders to submit comments or questions concerning this Tydings Waiver request. For this purpose, a dedicated email address has been established. Comments or questions should be emailed to: tydingswaiver@cde.ca.gov.

This notice is also located on the CDE’s web site at https://www.cde.ca.gov/re/cp/uc/. If additional information regarding this request is needed, please contact Raquel Castellon by email at rcastellon@cde.ca.gov.

Sincerely,

Daniel Lee, Psy.D, CSP, Deputy Superintendent of Equity

DL:jw

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