ADE Director's Communication Memo Form


Memo Number : FIN-09-024

Date Created : 09/25/2008

Attention:

Superintendents
Co-op Directors
Elementary Principals
Middle School Principals
High School Principals
other: Federal Coordinators

Type of Memo: Informational
Response Required: No
   
Section:   Fiscal and Administrative Services - William J. Goff, Assistant Commissioner
Subject:
Title I Carryover Change

Regulatory Authority:
Section 1127(a) of No Child Left Behind

Contact Person:
Kim Bajorek

Phone Number:
501-683-6530

E-mail:
kim.bajorek@arkansas.gov

Title I CHANGE

In accordance with Section 1127(a) of No Child Left Behind, a local education agency (LEA) is allowed to carryover not more than 15% of the funds allocated under Title I. A state education agency may, once every three years, waive the percentage limitation.

SEC. 1127. CARRYOVER AND WAIVER.
(a) LIMITATION ON CARRYOVER- Notwithstanding section 421(b) of the General Education Provisions Act or any other provision of law, not more than 15 percent of the funds allocated to a local educational agency for any fiscal year under this subpart (but not including funds received through any reallocation under this subpart) may remain available for obligation by such agency for one additional fiscal year.
(b) WAIVER - A State educational agency may, once every 3 years, waive the percentage limitation in subsection (a) if —
(1) the agency determines that the request of a local educational agency is reasonable and necessary; or
(2) supplemental appropriations for this subpart become available.
(c) EXCLUSION- The percentage limitation under subsection (a) shall not apply to any local educational agency that receives less than $50,000 under this subpart for any fiscal year.

BEGINNING IN THE 2008-2009 SCHOOL YEAR, the Arkansas Department of Education in extraordinary circumstances will allow waivers to the percentage limitation based on the criteria in the statute.

Attachments:
    None

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