Seeking Public Comments for a Tydings Amendment Waiver of FY22 ESEA funds and FY23 Carryover of Excess Title I, Part A Funds

Pursuant to the authority granted under section 8401(b) of the Elementary and Secondary Education Act (ESEA), the Maine Department of Education (DOE) intends to submit an application for waivers to the U.S. Department of Education (USDOE).  As required, the Maine DOE is seeking 15 days of public comment from June 7, 2023 – June 21, 2023, on the request to waive the period of availability for Elementary & Secondary Education Act funds and Title I, Part A carryover limitations. 

Requirements from which Maine will be seeking a waiver include: 

A Tydings amendment waiver from Section 421(b) of the General Provisions Act to the U.S. Department of Education (USDOE). The Tydings amendment waiver seeks an extension to the availability of Federal Fiscal Year 2021/State Fiscal Year 2022 Elementary and Secondary Education funds.  Programs affected by this waiver: 

  • Title I, Part A of the ESEA (Improving Basic Programs Operated by LEAs), including the portions of the SEA’s Title I, Part A award used to carry out section 1003 school improvement, section 1003A direct student services, if applicable, and Title I, Part D, Subpart 2 
  • Title I, Part B of the ESEA (State Assessment Formula Grants) 
  • Title I, Part C of the ESEA (Education of Migratory Children) 
  • Title I, Part D, Subpart 1 of the ESEA (Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At Risk) 
  • Title II, Part A of the ESEA (Supporting Effective Instruction) 
  • Title III, Part A of the ESEA (English Language Acquisition, Language Enhancement, and Academic Achievement) 
  • Title IV, Part A of the ESEA (Student Support and Academic Enrichment Grants) 
  • Title IV, Part B of the ESEA (21st Century Community Learning Centers) 
  • Title V, Part B, Subpart 2 of the ESEA (Rural and Low-Income School Program) 
  • McKinney-Vento Education for Homeless Children and Youth Program 

A carryover limitation waiver from Section 1127(a) of the Elementary & Secondary Education Act of 1965, as amended for Federal Fiscal Year 2022/State Fiscal Year 2023 Title I, Part A funds. The carryover limitation waiver seeks to waive the requirement that limits the Maine DOE’s ability to grant to its local educational agencies (LEAs) a waiver of the 15 percent Title I, Part A carryover limitation of more than once every three years. 

The Maine DOE must solicit and respond to public comment on its waiver request as well as provide evidence of the available comment period.  As the Maine DOE moves forward to provide as much flexibility as possible and continued support for expending ESEA federal funds, comments can be submitted to: