Request for Comment on Application for Waiver to Title I, Part A, Carryover Limitation

Waiver Opportunity

Word Version

April 25, 2013


SUBJECT:      Request for Comment on Application for Waiver to Title I, Part A, Carryover Limitation

The purpose of this letter is to request comment from local educational agencies (LEAs) on a waiver request that the Texas Education Agency (TEA) plans to send the US Department of Education (USDE), as described in the following section. Please submit any comments regarding the waiver request to by Friday, May 10, 2013.

TEA will aggregate the comments received from LEAs in response to this notice and submit them as part of the state’s application for the waiver to USDE. Please note that TEA will not respond to any comments or questions received regarding this waiver request but will instead take comments into consideration when finalizing the state’s waiver request to USDE. 

In the near future, TEA will also provide public notice and information regarding this waiver request through a posting in the Texas Register.

Requested Waiver to ESEA Section 1127

Section 1127(a) of the Elementary and Secondary Education Act of 1965 (ESEA) prohibits LEAs from carrying over more than 15% of their Title I, Part A, allocations into the next fiscal year. Section 1127(b) permits the state educational agency to waive the 15% carryover limitation once every three years if the agency determines that the LEA’s request is reasonable and necessary.

The implementation of the sequester has resulted in additional uncertainty about the amount of federal fiscal year 2013 funds that will be available for use by LEAs primarily in the 2013–2014 school year (SY). In response to this uncertainty, USDE has offered states the opportunity to request a waiver to the carryover limitation in Section 1127(a) and (b). TEA is requesting this waiver to permit an LEA to carry over SY 2012–2013 Title I, Part A funds in excess of the statutory 15% carryover limitation, even if the LEA has been granted permission to exceed the carryover limitation in either of the prior two school years.

TEA believes that the waiver will provide the ability to grant an LEA the flexibility it needs to spend its SY 2012–2013 Title I, Part A funds more thoughtfully over the remainder of SY 2012‑2013 and in SY 2013–2014. The waiver will allow LEAs to plan for activities that are most likely to increase the quality of instruction and improve the academic achievement of students while facing a likely reduction in their SY 2013‑2014 Title I, Part A allocations. Accordingly, TEA believes the waiver may help more Texas schools and LEAs meet Adequate Yearly Progress (AYP) objectives by enabling them to direct their funds thoughtfully to activities that will help in this regard.

Waiver Procedure for Eligible LEAs

If granted, this waiver would apply only to those LEAs that received permission from TEA in school year 2011–2012 or 2012–2013 to carry over more than 15% of their Title I, Part A allocation and that are interested in carrying over more than 15% of their 2012–2013 allocation. If this waiver is granted, Texas would have the flexibility to grant these LEAs permission to carry over an amount greater than 15% of their Title I, Part A allocation in school year 2013–2014.

In fall 2013, after actual carryover amounts are calculated, staff from TEA’s Division of Grants Administration will contact LEAs that are eligible to carry over more than 15% of their Title I, Part A allocations. LEAs are required to use the statutory provision in Section 1127(b) for exceeding the 15% carryover limitation before applying for any additional flexibility permitted under any waiver granted by USDE.

In accordance with USDE requirements, TEA will use AYP or its approved waiver request, as appropriate, to evaluate LEAs’ progress in increasing the quality of instruction and improving academic achievement.

Further Information

For further information regarding the statutory limitation on Title I, Part A carryover amounts, contact the Division of Grants Administration at



Cory Green, Chief Grants Administrator
Office for Grants and Federal Fiscal Compliance