Johnny Key

Commissioner of Education

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ADE requests Waiver of Title I, Part A Funds: 15% Carryover Limitation due to Sequester



The Arkansas Department of Education (ADE) is requesting a waiver from the U. S. Department of Education (USDOE) concerning the limitation in section 1127(b) of the Elementary and Secondary Education Act of 1965 (ESEA).  This section of ESEA prohibits a state educational agency (SEA) from granting to a local educational agency (LEA) a waiver of the carryover limitation in Section 1127(a) of the ESEA more than once every three years.  

Section 1127(b) permits a SEA to waive the limitation in Section 1127(a) once every three years if: 

  1. the LEA’s request is reasonable and necessary; or
  2. a supplemental Title I, Part A appropriation becomes available.  

In accordance with these provisions, the ADE is requesting a waiver from the USDOE which will allow the ADE to waive the carryover limitation more than once every three years for a LEA that needs the additional waiver.  This request is reasonable and necessary due to the sequester, which has resulted in additional uncertainty about the amount of federal fiscal year (FY) 2013 Title I, Part A funds that will be available for use by LEAs primarily in the 2013-2014 school year.  The ADE is requesting this waiver to permit a LEA to carry over FY 2012 Title I, Part A funds in excess of the carryover limitation.  

Please send any comments by Wednesday, April 24, 2013 to:
Jayne Green, Title I Director
Arkansas Department of Education
Four Capitol Mall, Mail Slot #26
Little Rock, AR 72201
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