The Office of the State Superintendent of Education (OSSE) is proposing to request a waiver from the U.S. Department of Education to extend the state and local-level period of availability of Federal Fiscal Year (FFY) 2009 funds, including ARRA funds, for one additional year. This waiver will affect sub-recipients that received one or more FFY 2009 grants but did not obligate all funds by the normal September 30, 2011 obligation deadline, along with the schools/campuses the sub-recipients serve with those funds. OSSE plans to apply for these waivers on behalf of all such sub-recipients in the District. If this waiver is granted, sub-recipients may then obligate funds that otherwise would have lapsed and, in exchange, will need to estimate the number of jobs created or retained with all FFY 2009 funds obligated after September 30, 2011, in a manner and format consistent with the quarterly reports required under Section 1512 of the American Recovery and Reinvestment Act of 2009.

See the full text of the proposed request below.

Conference Call

OSSE will host a 30-minute conference call on Tuesday, October 25, 2011, at 2:00 P.M. to discuss this waiver request. You may join the meeting by calling 202-724-2000. You will be asked to enter a conference number and conference PIN. The conference number is 2039 and the Conference PIN is 58693.

Comments

Sub-recipients wishing to comment on this proposed waiver request should submit comments in writing to [email protected] by 5:00 PM on Friday, October 28, 2011.  Any comments submitted will be included, without identifying information, in OSSE’s waiver request to the U.S. Department of Education. Comments submitted at or after 5:01 P.M. on Friday, October 28, 2011 will not be considered or included.

For additional information on this planned waiver request, please contact one of OSSE’s Elementary and Secondary Education staff.

Full Text of Proposed Waiver

Dear Acting Assistant Secretary Yudin:

I am writing to request a waiver of section 421(b) of the General Education Provisions Act (GEPA) (the “Tydings Amendment”) as it affects the authority of the District of Columbia Office of the State Superintendant of Education and its sub-recipients to obligate fiscal year (FY) 2009 regular and ARRA funds after September 30, 2011.  Specifically, I am requesting that the authority to obligate funds for the State-administered Elementary and Secondary Education Act (ESEA) programs listed in the chart included below be extended to September 30, 2012.

The extended authority to obligate these funds would enable the Office of the State Superintendant of Education and its sub-recipients to increase the quality of instruction for students, improve their academic achievement, and continue to assist the same populations served by the programs for which this waiver is being requested in accordance with applicable program requirements.

The Office of the State Superintendant of Education assures that it has:

• Provided all sub-recipients of the programs affected by the waiver with notice and a reasonable opportunity to comment on this request.  The Office of the State Superintendant of Education provided such notice by sending an email to all LEAs on Monday, October 24th, 2011. (See copy of notice of attached). 
• Attached copies of comments the Office of the State Superintendant of Education received.  
• Provided notice and information regarding this waiver request to the public in the manner that the District of Columbia customarily provides such notice and information to the public by posting information regarding the waiver request on its website (see osse.dc.gov/newsroom/advisories).

The Office of the State Superintendant of Education further assures that, if it receives the requested waiver, it will:

• Ensure that sub-recipients within the State will use FY 2009 funds carried over as a result of the waiver to carry out activities in accordance with program requirements;
• Hold local educational agencies and schools accountable based on the State’s annual measurable objectives; and
• Estimate the number of jobs created or retained with regular Federal FY 2009 funds after September 30, 2011, in a manner and format consistent with the quarterly reports required under Section 1512 of the American Recovery and Reinvestment Act of 2009 and make such estimates available to the U.S. Department of Education upon request.