Delaware CARES Act, Title IV, Part A and FY20-21 Fiscal Waivers

FY20-21 Fiscal Waiver

Due to the continued extraordinary circumstances created by the COVID-19 pandemic and unprecedented challenges students, educators, staff, and schools are facing during the 2020-2021 school year, the U.S. Department of Education (Department) is offering each State educational agency (SEA) the opportunity to request waivers that will afford additional fiscal flexibility for certain funds received under the Elementary and Secondary Education Act of 1965 (ESEA).  Because the Delaware Department of Education (DDOE) recognizes it may not be possible to obligate these funds on a timely and responsible basis due to several factors, the Department is going to apply for a waiver of the following requirements:

• Section 1127(b) of Title I, Part A of the ESEA so that your SEA may waive, more than once every three years, if necessary, the 15 percent carryover limitation in ESEA section 1127(a) for FY 2021 Title I, Part A funds.  
• Section 421(b) of the General Education Provisions Act (GEPA) to extend the period of availability of FY 2020 funds for programs in which your SEA participates under its approved consolidated State plan until September 30, 2022.

See Delaware FY20-21 Fiscal Waiver Template and FY20-21 Fiscal Waiver Invite for more information.

Delaware Final Fiscal Waiver Response Letter

Fiscal Waiver Subaward Modification Notice

After a 30-day public comment period, DDOE will apply for the waiver authority.  When approved, the state be able to permit districts and charter schools to apply for a waiver of the 15% Title I Carry Over rule once every three years and extend the period of availability of FY20 Federal funds in which our state participates.

Title IV Waiver

Assistant Secretary for Elementary and Secondary Education Frank T. Brogan recently released an invitation to participate in a waiver similar to the CARES Act waiver under ESEA section 8401(b) for FY 2021 Title IV, Part A funds during the 2020-2021 school year.  In light of the continued disruption of to learning caused by the Coronavirus Disease 2019 (COVID-19), the Delaware Department of Education has applied for a waiver of the following requirements and Title IV, Part A provisions.

• Section 4106(d) of Title IV, Part A of the ESEA, related to LEA needs assessments for the 2020-2021 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 fiscal year (FY) 2021 Title IV, Part A funds.
• Section 4109(b) of Title IV, Part A of the ESEA, with respect to the fifteen percent spending limitation for technology infrastructure for FY 2021 Title IV, Part A funds. 

Please note that all other requirements in Title IV, Part A of the ESEA would continue to apply.

DELAWARE FY2020 T4PA Waiver Template

FY20 T4PA Waiver Letter Final

DE-Final Title IV-A Approval Waiver Request letter

After a 30-day Public Comment Period, DDOE will apply for the waiver authority.  When approved, the state be able to permit districts or charter Schools to apply and 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.

Comments 

One response overall. On a scale of 1-5 with 5 indicating support for the Delaware CARES Act waivers, the one respondent selected a 5. Individual comments are as follows:

• Seeking the tech waiver would be extremely helpful for district planning during COVID.

CARES Act Waiver

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.

Comments

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.