View PDFOSEP Tydings Template (CARES Act Waiver) June 8, 2020
UNITED STATES DEPARTMENT OF EDUCATION
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES
OFFICE OF SPECIAL EDUCATION PROGRAMS
OSERS is committed to acting on and responding to complete waiver requests as quickly as
possible by providing an expedited response to the State educational agency (SEA) that submits
this waiver and provides all necessary information. At the end of this form please click the
submit button to submit this form directly to the IDEAwaiver@ed.gov mailbox.
The Honorable Mark Schultz
C
ommissioner, Rehabilitative Services Administration
Delegated the authority to perform the functions and duties of the Assistant Secretar
y for the
Office of Special Education and Rehabilitative Ser
vices
Office of Special Education and Rehabilitative Services
U.S. Department of Education
550 12th Street, SW
Washington, DC 20202
Dear Mr. Schultz:
I am writing to request a waiver, pursuant to Section 3511 of Division A of the Coronavirus
Aid, Relief, and Economic Security Act (CARES Act), Public Law No. 116-136 (March 27,
2020), of the requirements enumerated below on behalf of the:
and its subgrantees (e.g., local educational agencies (
LEA)) .
Specifically, I request a waiver of Section 421(b) of th
e General Education Provisions Act
(GEPA), to extend the period of availability of Feder
al f iscal year (FFY) 2018 Individuals with
Disabilities Education Act (IDEA) Part B grant
funds for which the State education agency
participates as the eligible agency, through September 30, 2021. Under this approved waiver,
FFY 2018 IDEA Part B
grant funds will be available for obligation through September 30,
2021, and for liquidation through December 30, 2021.
400 MARYLAND AVE. S.W.,
WASHINGTON, DC 20202-2800
www.ed.gov
The
Department of Education’s mission is to promote student achievement and preparation for global competitiveness
by fostering educational excellence and ensuring equal access.
Date:
State:
Name of SEA:
Please check all that apply:
☐ FFY 2018:
☐ IDEA Part B Grants to States (Section 611)
☐ IDEA Part B Grants to States (Section 619)
In seeking this waiver, I assure that:
☐ The SEA will use, and ensure that its subgrantees will use, funds in accordance
with all applicable statutes, regulations, and program plans, and applications not
subject to these waivers.
☐ The SEA will work to mitigate, and ensure that its subgrantees will work to
mitigate, negative effects, if any, that may occur as a result of the requested
waiver.
☐ This waiver is requested in response to extraordinary circumstances due to the
COVID-19 pandemic for which a national emergency was declared by the
President of the United States under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act.
Thank you for your consideration,
Name of Chief State School Officer: OR
Authorized Representative:
Title:
View PDFMEMO: Waiver Authority for the Period of Availability for Individuals with Disabilities Education Act (IDEA) Part B Funds for Federal fiscal year (FFY) 2018. June 8, 2020
UNITED STATES DEPARTMENT OF EDUCATION
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES
OFFICE OF SPECIAL EDUCATION PROGRAMS
June 8, 2020
Memorandum
TO: Chief State School Officers
FROM: Mark Schultz
Commissioner, Rehabilitation Services Administration
Delegated the authority to perform the functions and duties of the
Assistant Secretary for the Office of Special Education and Rehabilit ative
Services
SUBJECT: Waiver A uthority for the Period of Availability for Individuals with Disabilities
Education Act (IDEA) Part B F unds for Federal fiscal year (FFY) 2018
U nder section 3511(b)(1)(B) of the
Coronavirus Aid, Relief, and Economic Security Act
(CARES Act) , Pub. L. No. 116- 136 (March 27, 2020) , the Secretary of Education is authorized
to consider waivers to extend the period of availability for certain Federal funds. The CARES
Act provides substantial relief to children and educators who have been profoundly affected by
the Novel Coronavirus Disease (COVID -19).
You may request a waiver that will permit your State educational agency and subgrantees (e.g.
l ocal educational agencies) to use Federal fiscal year (FFY) 2018 IDEA Part B grant award funds
for an additional year beyond what is known as the Tydings period. This action is taken as a
result of the on- going national emergency dec lared by the President under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, and to assist in your planning for how to resume
or continue the provision of special education and related services for children with disabilities
and their families .
You may now submit a streamlined waiver request for an extension of the period of availability
in Section 421(b) of the General Education Provisions Act (GEPA) for FFY 2018 IDEA Part B
grant award funds. Upon approval of a waiver , the FFY 2018 IDEA Part B grant award funds
will be available for obligation through September 30, 2021 and may be liquidated through
December 30, 2021. OSERS is committed to acting on and responding to complete waiver
requests as quickly as possible. To that end, a waive r template is available which, if completed
and submitted electronically to IDEAwaiver@ed.gov
, will result in an expedited response from
the Department. The waiver template in fillable portable document format (PDF) is attached to
this memorandum and is also posted at
www.ed.gov/coronavirus .
Thank you for your ongoing work in support of educators, families, and children and youth with
disabilities during these extraordina ry circumstances. If you have questions or need additional
information regarding submission of your IDEA Part B waiver request, please contact us at
2
IDEAwaiver@ed.gov . If you have general questions regarding COVID-1 9 and how the U.S.
Department of Education can best support you, please contact COVID- 19@ed.gov . I encourage
you to continue to monitor information regarding COVID -19 from the Centers for Disease
Control and Prevention and stay abreast of information and resources for schools and school
personnel at www.ed.gov/coronavirus .
Attachment
cc: State Directors of Special Education