• Delaware CARES Act Waivers

    The President recently signed into law the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Pub. L. No. 116-136 (March 27, 2020), which provides substantial relief to children and educators who have been profoundly affected by the Novel Coronavirus Disease (COVID-19) as well as additional fiscal flexibility through waivers of specific requirements. The Delaware Department of Education has applied for the following waiver provisions:

    • Section 1127(b) of Title I, Part A of the ESEA so that your State educational agency (SEA) may waive, more than once every three years, if necessary, the 15 percent carryover limitation in ESEA section 1127(a) for fiscal year (FY) 2019 Title I, Part A funds.
    • Section 421(b) of the General Education Provisions Act (GEPA) to extend the period of availability of FY 2018 funds for programs in which your SEA participates under its approved consolidated State plan until September 30, 2021.
    • Section 4106(d) of Title IV, Part A of the ESEA related to local educational agency (LEA) needs assessments for the 2019-2020 school year.
    • Section 4106(e)(2)(C), (D), and (E) of Title IV, Part A of the ESEA with respect to content-area spending requirements for FYs 2018 and 2019 Title IV, Part A funds.
    • Section 4109(b) of Title IV, Part A of the ESEA with respect to the spending limitation for technology infrastructure for FYs 2018 and 2019 Title IV, Part A funds.
    • Section 8101(42) of the ESEA, which defines “professional development,” for activities funded for the 2019-2020 school year.

    Delaware CARES Act waiver application

    Through these waivers, the state would be able to approve districts and charter Schools to carry over more than 15 percent of its Title I, Part A funds, even if the they had received approval to exceed this limitation in the past three years. The state would be able to extend its subgrantees the period of availability of FY 2018 funds for programs included in their consolidated plan to allow additional time to obligate those funds. The state would also be able to permit Districts or Charter Schools to use its Title IV, Part A funds to best meet its needs without regard to content-area spending requirements, spending limits on technology infrastructure, or completing a needs assessment. Finally, by waiving the definition of professional development, the state and subgrantees would be able to conduct time-sensitive, one-time or stand-alone professional development focused on supporting your educators to provide effective distance learning.

    To provide comments or question regarding these waivers or the state’s application to obtain authority to give these waivers, please complete this survey.


    Nine responses overall. On a scale of 1-5 with 5 indicating support for the Delaware CARES Act waivers, seven respondents selected a 5, one respondent selected a 4, and four respondents selected a 1. Individual comments are as follows:

    • What is being done to support teachers attempting to work from home while also being the sole childcare provider for his/her own youngchildren? Remote teaching expectations, especially for special education teachers, is nearly impossible while tending to an infant or toddler. This becomes especially difficult for a single parent or when the spouse works in a high-risk profession outside the home during remote learning hours. Please consider your teachers' mental and emotional health as well as the children they are working with during this overwhelmingly stressful time in history.
    • It is a little difficult to understand what the CARE Act waivers can be used for, but I know that Christina is facing a referendum this year and asking the community for increased taxes is hard any year, let alone a year like this. It is unfair to slash vital resources from Christina students when they will need extra help catching up next year.
    • The waivers are a good idea.
    • Extending deadline and permitting amendment to federal grant is critical to reallocate funding, e.g. Travel budget for staff attending PD move to Contracted Services, or Supplies due to stay at home order eliminating travel.
    • I believe that the Delaware Department of Education should apply for CARES Act waivers.

    USEd response

    USEd approves Delaware CARES Act waiver requests (04/21/20)

    Frequently Asked Questions (FAQs)

    The Delaware Department of Education has created FAQs for K-12 Education Funding Waivers. Additional assistance is available at TitlePrograms.Q&A@doe.k12.de.us or by calling 302-857-3385.

Last Modified on June 12, 2020