MSDE will be accepting specific waiver requests for Title I, Part A of The American Recovery and Reinvestment Act of 2009 (ARRA) from local education agencies. The Title I, Part A ARRA provides significant new funding for programs under Title I, Part A of the Elementary and Secondary Education Act (ESEA) for schools that have high concentrations of students from families that live in poverty in order to help improve teaching and learning fro students most at risk of failing to meet State academic achievement standards. In its Title I, Part A ARRA fact sheet and guidance, the United States Department of Education indicated that the Secretary, Arne Duncan, would consider certain waiver requests with respect to Title I, Part A ARRA funding.

MSDE has notified local education agencies that they may submit a request for waiver to the MSDE by September 15, 2009. MSDE will coordinate the submission of all waiver requests on behalf of the local education agencies. A local education agency may request that a waiver be submitted on its behalf in one or more of the following areas:

• A SEA may request a waiver for a period of one year to allow local educational agencies with one or more schools in improvement, corrective action, or restructuring to offer supplemental educational services (SES), in addition to public school choice, to eligible students in Title I schools the first year of school improvement and to count the funds spent providing SES to eligible children in those schools toward the LEA’s obligation to spend an amount equal to 20 percent of its Title I Part A, Subpart 2 allocation on SES and choice related transportation.

Local Education Agencies that are eligible for this waiver request:

Baltimore County Public Schools
Baltimore City Public Schools
Dorchester County Public Schools
Kent County Public Schools
Prince George’s County Public Schools
Baltimore City Public Schools

• A LEA may request a waiver for fiscal year (FY) 2009 of the requirement in section 1116(b)(10) of the ESEA and in 34 C.F.R. § 200.48(a)(2) to determine an LEA’s “20 percent obligation” for public school choice-related transportation and supplemental educational services (SES) based on the LEA’s total FY 2009 Title I, Part A allocation (i.e., including both its regular Title I, Part A allocation and its Title I, Part A ARRA allocation) to allow LEAs to exclude some or all of the Title I, Part A funds they receive under the ARRA in calculating their “20 percent obligation” for choice-related transportation and SES.

Local Education Agencies who are eligible for this waiver request:

Baltimore County Public Schools
Baltimore City Public Schools
Dorchester County Public Schools
Kent County Public Schools
Prince George’s County Public Schools

• A LEA may request a waiver for fiscal year (FY) 2009 of the requirement in section 1116(c)(7)(A)(iii) of the ESEA to determine an LEA’s 10 percent professional development set-aside based on the LEA’s total FY 2009 Title I, Part A allocation (i.e., including both its regular Title I, Part A allocation and its Title I, Part A ARRA allocation)to allow LEAs that are identified for improvement to exclude some or all of the Title I, Part A funds they receive under the ARRA in calculating their 10 percent professional development set-aside.

Local Education Agencies who are eligible for this waiver request:

Prince George’s County Public Schools

• A LEA may request a waiver for fiscal year (FY) 2009 of the requirement in section 1116(b)(3)(A)(iii) of the ESEA to determine a school’s 10 percent professional development set-aside based on the total amount of funds made available to the school under section 1113 of the ESEA for FY 2009 (i.e., including funds made available from both the LEA’s regular Title I, Part A allocation and its Title I, Part A ARRA allocation) to allow Title I schools identified for improvement to calculate their 10 percent professional development set-aside in accordance with the following formula: the amount of Title I, Part A funds received by the school under section 1113 of the ESEA multiplied by the portion of the LEA’s FY 2009 Title I, Part A allocation provided through the regular FY 2009 appropriation / the LEA’s total FY 2009 Title I, Part A allocation, including Title I, Part A ARRA funds multiplied by 10 percent.

Local Education Agencies with schools who are eligible for this waiver request:

Baltimore County Public Schools
Baltimore City Public Schools
Dorchester County Public Schools
Kent County Public Schools
Prince George’s County Public Schools

• A LEA may request a waiver for fiscal year (FY) 2009 of the requirement in section 1116(e)(6)(A) of the ESEA and in 34 C.F.R. § 200.48(c)(1) to determine the per-pupil amount for supplemental educational services (SES) based on an LEA’s total FY 2009 Title I, Part A allocation (i.e., including both its regular Title I, Part A allocation and its Title I, Part A ARRA allocation) to exclude some or all of the Title I, Part A funds received under ARRA in calculating the per-pupil amount for SES. By reducing the per-pupil amount, LEAs will be able to provide SES to a greater number of students.

Local Education Agencies who are eligible for this waiver request:

Baltimore City Public Schools
Prince George’s County Public Schools

MSDE recognizes that most local education agencies that receive Title I, Part A ARRA funds will be planning to use the funds for a period of two years. In order to help with the planning of the funds over a two year period, MSDE will request a waiver of the 15% carryover limitation in section 1127(a) of the ESEA. Section 1127(b) permits an 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, MSDE will request to waive the carryover limitation more than once every three years for an LEA that needs the additional waiver(s) because of its Title I, Part A funds made available under the American Recovery and Reinvestment Act of 2009 (ARRA), which is, by definition, is a supplemental Title I, Part A appropriation. The waiver request will be for a period of two years (i.e., to apply to LEA requests to carry over fiscal year (FY) 2009 Title I, Part A funds and to LEA requests to carry over FY 2010 Title I, Part A funds in excess of the carryover limitation). If your school system does not receive Title I, Part A ARRA funds, it will not be eligible for this waiver.

All Local Education Agencies are eligible for this waiver with the exception of Carroll County Public Schools and Howard County Public Schools who did not qualify for Title I, Part A ARRA funding.

For more information on the American Recovery and Investment Act, log onto marylandpublicschools.org and click on “Programs” on the menu bar.

American Recovery and Reinvestment Act