Colorado’s ESEA Fiscal Waivers

Notice to Provide Public Comment on Extended Performance Period Waiver for Assessment Grants

The ongoing challenges related to the COVID-19 pandemic have impacted the Colorado Department of Education’s (CDE) ability to use ESEA funds as planned and within the allotted timelines. Colorado’s response to the COVID-19 pandemic included cancellation of testing in spring 2020 and a reduced testing schedule in 2021 which delayed plans to expend funds. As a result, CDE has not been able to obligate funds in a timely manner and is therefore submitting a request for a waiver from the U.S. Department of Education to extend the timeline for spending Fiscal Year 2020 ESEA funds earmarked for assessment purposes. 

CDE is submitting a waiver requesting the above referenced flexibilities and is seeking comment from the public and interested stakeholders. Please share this notice with any interested members of your community including, but not limited to, parents, educators, and school administrators.

Please submit comments to:

Colorado Department of Education
Federal Programs Unit
Email: ESSAquestions@cde.state.co.us
OR send written comments to:
1560 Broadway, Suite 1100
Denver, CO 80202-5149

Notice to Provide Public Comment on Colorado’s ESEA Fiscal Waiver (2022-2023)

Public Comment Period Open from September 12, 2022 through September 30, 2022

In response to continued extraordinary circumstances caused by the COVID-19 pandemic and unprecedented challenges students, educators, staff, and schools are facing, the Colorado Department of Education would like to submit to the U.S. Department of Education a request for a waiver, pursuant to ESEA Section 8401, from the following fiscal provision:

• Section 1127(b) of Title I, Part A of the ESEA so that CDE may waive for LEAs, more than once every three years, if necessary, the 15 percent carryover limitation in ESEA section 1127(a) for FY 2022 Title I, Part A funds.

CDE plans to submit a waiver requesting the above referenced flexibilities on behalf of Colorado Local Educational Agencies (LEAs) and is seeking comment from the public and interested LEAs prior to submitting the request for a waiver to the U.S. Department of Education. Please share this notice with any interested members of your community including, but not limited to, parents, educators, and school administrators.

Please submit comments to:

Colorado Department of Education
Federal Programs Unit
1560 Broadway, Suite 1100
Denver, CO 80202-5149
ESSAquestions@cde.state.co.us

Colorado's ESEA Fiscal Waiver (FY 2020) Has Been Approved

In response to continued extraordinary circumstances caused by the COVID-19 pandemic and unprecedented challenges schools and districts are facing, the U.S. Department of Education has allowed State Educational Agencies (SEAs) to submit requests for waivers, pursuant to ESEA Section 8401, from two fiscal provisions:

• Section 1127(b) of Title I, Part A of the ESEA so that SEA may waive for LEAs, more than once every three years, if necessary, the 15 percent carryover limitation in ESEA section 1127(a) for FY 2020 Title I, Part A funds.

• Section 421(b) of the General Education Provisions Act (GEPA) to extend the period of availability of FY 2019 funds for ESEA/ESSA programs in the State’s approved consolidated State plan until September 30, 2022.

CDE submitted a waiver requesting the above referenced flexibilities on behalf of Colorado Local Educational Agencies (LEAs) and U.S. Department of Education has approved CDE's request.

Notice to Provide Public Comment on Colorado’s ESEA Fiscal Waiver (FY 2020)

Public Comment Period Open from July 15, 2021 through August 6, 2021

In response to continued extraordinary circumstances caused by the COVID-19 pandemic and unprecedented challenges students, educators, staff, and schools are facing, the U.S. Department of Education is allowing State Educational Agencies (SEAs) to submit requests for waivers, pursuant to ESEA Section 8401, from two fiscal provisions:

• Section 1127(b) of Title I, Part A of the ESEA so that SEA may waive for LEAs, more than once every three years, if necessary, the 15 percent carryover limitation in ESEA section 1127(a) for FY 2020 Title I, Part A funds.

• Section 421(b) of the General Education Provisions Act (GEPA) to extend the period of availability of FY 2019 funds for ESEA/ESSA programs in the State’s approved consolidated State plan until September 30, 2022.

CDE plans to submit a waiver requesting the above referenced flexibilities on behalf of Colorado Local Educational Agencies (LEAs) and is seeking comment from the public and interested LEAs prior to submitting the request for a waiver to the U.S. Department of Education. Please share this notice with any interested members of your community including, but not limited to, parents, educators, and school administrators. 

Please submit comments to:

Colorado Department of Education
Federal Programs Unit
1560 Broadway, Suite 1100
Denver, CO 80202-5149
ESSAquestions@cde.state.co.us

Notice to Provide Public Comment on Colorado’s ESEA CARES Act Fiscal Waiver (FY 2019)

The recently signed Coronavirus Aid, Relief, and Economic Security Act (CARES Act) provides relief to children and educators who have been profoundly affected by the Novel Coronavirus Disease (COVID-19). In addition to the assessment, accountability and school improvement waivers under the Every Student Succeeds Act (ESSA), the Secretary of Education is providing additional flexibility and has invited states to request waivers of the following fiscal provisions.  Read the US Department of Education letter to Chief State School Officers (PDF).

• 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.

CDE has applied for and received approval to waive fiscal requirements from the US Department of Education. For an alternative version of this information, please email ESSAquestions@cde.state.co.us.

If there are other federal requirements for which you anticipate a need for a waiver that are not currently covered by the CARES Act or if there are any comments related to the waiver, please provide your input and comments by May 6, 2020 to ESSAquestions@cde.state.co.us or mailed to:

Colorado Department of Education
Federal Programs Unit
1560 Broadway, Suite 1100
Denver, CO 80202-5149

Please share this notice with any interested members of your community including, but not limited to, parents, educators, and school administrators. 

For Additional Information Contact: 

Laura Meushaw
Meushaw_L@cde.state.co.us
720-728-9023