Secretary of Education Betsy DeVos Authorizes New Funding Flexibilities to Support Continued Learning During COVID-19 National Emergency

Apr

FOR IMMEDIATE RELEASE
Date: April 6, 2020
Contact: Press Office
(202) 401-1576 or [email protected]

Secretary of Education Betsy DeVos Authorizes New Funding Flexibilities to Support Continued Learning During COVID-19 National Emergency

WASHINGTON — U.S. Secretary of Education Betsy DeVos announced today a new streamlined process for providing states funding flexibilities to best meet the needs of students and educators during the COVID-19 national emergency. The new flexibilities, authorized under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, allow schools to repurpose existing K-12 education funds for technology infrastructure and teacher training on distance learning, among other flexibilities to move resources to areas of highest need during the national emergency.

“Across the country, students, teachers and families are proving that learning can and does happen anywhere,” said Secretary DeVos. “By extending additional funding flexibility to schools, we are helping to ensure student learning continues and supporting teachers as they transition to virtual classrooms. Local leaders have asked for the ability to steer more resources to local needs, and these new tools will help them do just that.”

The CARES Act, signed into law by President Donald J. Trump on March 27, now allows states and school districts to devote more of their federal resources to technology infrastructure to support distance learning for students and for professional development for teachers who are teaching remotely, many for the first time. By providing a streamlined process to obtain funding flexibilities, states will be able to quickly make decisions to meet the needs of their students.

Any state may complete a brief form available at oese.ed.gov, and it will receive an initial determination within one business day. Using the form, states can receive flexibility in the use of funds and other requirements covered under the Elementary and Secondary Education Act of 1965 (ESEA), including the Title I, Parts A-D, Title II, Title III, Part A, Title IV, Parts A-B, and Title V programs. Specifically, states may request a waiver of:

Section 1127(b) of Title I, Part A of the ESEA to waive the 15% carryover limitation for Title I, Part A funds;

Section 421(b) of the General Education Provisions Act (GEPA) to extend the period of availability of prior fiscal year funds, for Title I, Parts A-D, Title II, Title III, Part A, Title IV, Parts A-B, and Title V, Part B programs, and the McKinney-Vento Homeless Children and Youth program;

Section 4106(d) of Title IV, Part A of the ESEA to waive a needs assessment to justify the use of funds;

Section 4106(e)(2)(C), (D), and (E) of Title IV, Part A of the ESEA to waive content-specific spending requirements;

Section 4109(b) of Title IV, Part A of the ESEA to waive spending restrictions on technology infrastructure; and

Section 8101(42) of the ESEA to waive the definition of “professional development,” which might otherwise limit the ability to quickly train school leaders and teachers on topics like effective distance learning techniques.

This action follows the Department’s earlier announcement of a turnkey waiver process allowing states to cancel federally-mandated standardized testing, in response to widespread school closures in the wake of the declaration of a national emergency. Since that announcement, Secretary DeVos has approved waivers for all 50 states and the District of Columbia. It further builds on the Department’s actions to support states and local education leaders since the outbreak of COVID-19, including guidance on ensuring students with disabilities have access to distance learning opportunities and providing an extension for states that need additional time to develop career and technical education plans under the Strengthening Career and Technical Education for the 21^st Century Act (Perkins V).

The Department continues to update www.ed.gov/coronavirus with information for students, parents, educators and local leaders about how to prevent the spread of COVID-19.

For more information about COVID-19, please visit the following websites: coronavirus.gov, cdc.gov/coronavirus/2019-ncov/index.html, and usa.gov/coronavirus.

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April 3, 2020

Dear Chief State School Officer:

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). I understand that many of you have questions about the CARES Act, especially available funding, and we will be providing additional information to you as soon as possible. In the interim, you are welcome to submit CARES Act questions by e-mail to [email protected].

The purpose of today’s message is to discuss flexibility in K-12 education funding, in particular the Elementary and Secondary Education Act of 1965 (ESEA), as the CARES Act authorizes the Secretary to provide additional flexibility through waivers of specific requirements. As you know, on March 20, 2020, Secretary DeVos provided flexibility with respect to certain requirements in Title I, Part A of the ESEA regarding statewide assessments, accountability and school improvement, and some reporting requirements for the 2019-2020 school year due to the unprecedented challenges you are facing due to COVID-19. In light of this on-going national emergency declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, and to help you in your planning for how to resume education, today I am writing to offer additional flexibilities under the CARES Act.

Pursuant to the authority under the CARES Act,  I am inviting you to request waivers of the following 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.

Through these waivers, your SEA would be able to approve an LEA to carry over more than 15 percent of its Title I, Part A funds, even if the LEA had received approval to exceed this limitation in the past three years. Your SEA would be able to extend for itself and its subgrantees the period of availability of FY 2018 funds for programs included in your consolidated State plan to allow additional time to obligate those funds. Your SEA would also be able to permit an LEA or consortium of LEAs 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, your SEA 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.

I want to continue to thank you for the work you are doing to help ensure learning continues for all your State’s students in this difficult time. The U.S. Department of Education is committed to supporting you with every tool at our disposal and extending all flexibilities within our control.

If you are interested in receiving one or more of these waivers on behalf of your SEA and its subgrantees, please submit your request to [email protected]. I am attaching a streamlined template for your convenience that includes a checklist to designate the waivers you desire. My staff is committed to providing a response within one business day to any SEA that submits a waiver request using this optional waiver template. I recognize that you have many questions and will need additional supports, including the possibility of additional waivers, as you deal with the COVID-19 national emergency.

If you have additional questions or concerns regarding these waivers, contact us at [email protected]. We are also interested in your input on other requirements for which you anticipate a need for a waiver that are not currently covered by the CARES Act. If you have suggestions, please submit those to [email protected]. If you have general questions regarding COVID-19 and how the Department can best support you, please contact [email protected]. I encourage you to continue to monitor information regarding COVID-19 from the Centers for Disease Control and Prevention at www.cdc.gov/coronavirus/ and our website at www.ed.gov/coronavirus.

Thank you for your continued commitment to our nation’s students during these extraordinary circumstances.

Sincerely,





Frank T. Brogan

Assistant Secretary for Elementary and Secondary Education

Attachment

cc:    Council of Chief State School Officers

         State Title I, Part A Directors

         State Title I, Part C Directors

         State Title I, Part D Directors

         State Title II, Part A Directors

         State Title III, Part A Directors

         State Title IV, Part A Directors

         State Title IV, Part B Directors

         State Title V, Part B, Subpart 2 Directors

         State Assessment Directors

         McKinney-Vento Homeless Assistance Directors

Secretary of Education Betsy DeVos Authorizes New Funding Flexibilities to Support Continued Learning During COVID-19 National Emergency

Secretary of Education Betsy DeVos Authorizes New Funding Flexibilities to Support Continued Learning During COVID-19 National Emergency

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