This template is an example that may be used for the submission of a request for waivers of
the requirements noted below. Note that the Department will accept, process, and approve any
appropriate waiver request; for assistance please contact However, the
Department plans to respond in one business day to a State educational agency that follows
this example and provides all necessary information in an accessible way.
The Honorable Frank T. Brogan
Assistant Secretary for Elementary and Secondary Education
Office of Elementary and Secondary Education
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202
Dear Assistant Secretary Brogan:
I am writing to request waivers, pursuant to section 3511 of Division A of the Coronavirus Aid,
Relief, and Economic Security Act (CARES Act), P.L. 116-136 (H.R. 748), 34 Stat. 281 (Mar.
27, 2020), of the requirement(s) enumerated below on behalf of the State educational agency
(SEA) and its subgrantees (e.g., local educational agencies (LEAs)).
Please check all that apply:
Carryover limitation in section 1127(b) of the Elementary and Secondary Education Act
of 1965 (ESEA) for Federal fiscal year (FY) 2019 Title I, Part A funds (i.e., the Title I,
Part A funds that will become carryover funds on October 1, 2020): the requirement that
limits an SEA’s ability to grant to its LEAs a waiver of the 15 percent Title I, Part A
carryover limitation in section 1127(a) more than once every three years.
Period of availability of funds in section 421(b) of the General Education Provisions Act
(GEPA): to extend the period of availability of FY 2018 funds for programs in which the
SEA participates under its approved consolidated State plan until September 30, 2021. The
programs are (check all that apply):
Title I, Part A of the ESEA (Improving Basic Programs Operated by LEAs),
including the portions of the SEA’s Title I, Part A award used to carry out section
1003 school improvement, section 1003A direct student services, if applicable, and
Title I, Part D, Subpart 2
Title I, Part B of the ESEA (State Assessment Formula Grants)
Title I, Part C of the ESEA (Education of Migratory Children)
Title I, Part D, Subpart 1 of the ESEA (Prevention and Intervention Programs for
Children and Youth Who Are Neglected, Delinquent, or At Risk)
Title II, Part A of the ESEA (Supporting Effective Instruction)
Title III, Part A of the ESEA (English Language Acquisition, Language
Enhancement, and Academic Achievement)
Title IV, Part A of the ESEA (Student Support and Academic Enrichment Grants)
Title IV, Part B of the ESEA (21
Century Community Learning Centers)
Title V, Part B, Subpart 2 of the ESEA (Rural and Low-Income School Program)
McKinney-Vento Education for Homeless Children and Youth Program
The following requirements in Title IV, Part A of the ESEA (check those that apply). Note:
These requirements are only applicable to LEAs that received $30,000 or more in Title IV,
Part A funds:
Needs assessment requirements in section 4106(d) for the 2019-2020 school year.
Content area spending requirements in section 4106(e)(2)(C), (D), and (E): the
requirements to use a minimum percentage of Title IV, Part A funds for activities
under sections 4107, 4108 and 4109 for FY 2019 funds and any available FY 2018
carryover funds.
Spending limitation in section 4109(b): the 15 percent limit on the use of funds under
section 4109 to purchase technology infrastructure for FY 2019 funds and any
available FY 2018 carryover funds.
The definition of professional development in section 8101(42) of the ESEA for the
2019-2020 school year.
I am requesting these waiver/waivers because it is not possible to obligate funds on a timely
basis as originally planned due to extensive school closures in the State. In addition, my State
needs increased flexibility in the use of Title IV, Part A funds to support continuity of services
due to these school closures. The school closures also present unique needs with respect to
professional development for educators to meet the immediate needs of children whose
education has been severely disrupted by school closures. These closures are in response to
extraordinary circumstances for which a national emergency has been duly declared by the
President of the United States under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act and will protect the health and safety of students, staff, and our communities.
In seeking these waivers, I assure that:
The SEA will use, and ensure that its subgrantees use, funds under the respective
programs in accordance with the provisions of all applicable statutes, regulations,
program plans, and applications not subject to these waivers.
The SEA will work to mitigate, and ensure that its subgrantees work to mitigate, any
negative effects, if any, that may occur as a result of the requested waivers.
The SEA will provide the public and all LEAs in the State with notice of, and the
opportunity to comment on, this request by posting information regarding the waiver
request and the process for commenting on the State website.
Thank you for your consideration.
Chief State School Officer (or Authorized
Digital Signature
Typed Name and Date
By typing my name here, I am affirming
submission of this waiver on behalf of the State.
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