Waiver granted to NCLB carryover limitation

Word version

On April 25, 2013, the Texas Education Agency (TEA) published a letter to the TEA Correspondence page describing its plan to request a US Department of Education (USDE) waiver to the provision that prohibits local educational agencies (LEAs) from carrying over more than 15% of their Title I, Part A allocations into the next fiscal year, due the potential impact of sequestration.

Instead of requiring TEA to follow the process described in that letter, USDE permitted TEA to implement the carryover waiver using the state's Ed-Flex authority, and the waiver has now been approved for the 2013-2014, 2014-2015, and 2015-2016 school years, as long as sequestration is in effect.

LEAs with more than 15% of their Title I, Part A allocation unexpended by September 30, 2013, are permitted to carry those funds over for use during the 2013-2014 school year.

LEAs are reminded of their continuing responsibility to use their Title I, Part A funds to provide all services to eligible students as required under the grant. However, with the implementation of sequestration, TEA also understands that many LEAs have planned to reserve funds to meet potential budget shortfalls in order to continue meeting student needs in the coming year. The waiver allows those LEAs to reserve unexpended funds from 2012-2013 for expenditure in 2013-2014.

No Action Required from LEAs

No action is required of LEAs to carry over Title I, Part A funds at this time. LEAs with more than 15% of their Title I, Part A funds unexpended will be contacted later in the fall by TEA staff, who will initiate the carryover waiver process. TEA will implement the original statutory waiver of carryover if the LEA is eligible; if the LEA is not eligible for the statutory waiver, then the new Ed-Flex waiver will be implemented.

For Further Information

Refer to TEA's April 25, 2013, letter for a detailed discussion of Title I, Part A carryover and the reasons TEA initiated the waiver.

With any further questions about the Title I, Part A carryover process, email the Division of Grants Administration at grants@tea.texas.gov.



Cory Green
Chief Grants Administrator
Division of Grants Administration