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No Child Left Behind (NCLB)

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The following message was sent, by email, to all Superintendents and NCLB Coordinators on July 31, 2009.

This communication serves as notice that the Maine Department of Education intends to submit to the U. S. Department of Education the following waiver requests for Title I on behalf of all applicable SAUs. Comments related to this request should be sent to Rachelle Tome, ESEA Title I Director at rachelle.tome@maine.gov. Comments will be accepted through Friday, August 7, 2009.

Waivers of Title I, Part A Statutory and Regulatory Requirements Related to SES and Public School Choice

  • 14-day notice of public school choice: This provision requires an LEA to provide parents of eligible students with notice of their public school choice options at least 14 days before the start of the school year (34 C.F.R. § 200.37(b)(4)(iv)).

Waivers Related to Title I, Part A ARRA Funds

  • District set aside of 20% for Supplemental Educational Services (SES) and transportation for choice: This provision requires an SAU to spend an amount equal to at least 20 percent of its FY 2009 Title I, Part A, Subpart 2 allocation on transportation for public school choice and on SES (20 percent obligation) (ESEA section 1116(b)(10); 34 C.F.R. § 200.48).
  • School set aside of 10% for professional development: This provision requires a school in improvement to spend 10 percent of its Title I, Part A funds on professional development (ESEA section 1116(b)(3)(A)(iii); 34 C.F.R. § 200.41(c)(5)).
  • District set aside of 10% for professional development: This provision requires an SAU in improvement to spend 10 percent of its FY 2009 Title I, Part A, Subpart 2 allocation on professional development (ESEA section 1116(c)(7)(A)(iii); 34 C.F.R. § 200.52(a)(3)(iii)).
  • Per-pupil amount for SES: This provision requires an SAU to calculate the per-pupil amount for SES based on its FY 2009 Title I, Part A, Subpart 2 allocation (per-pupil amount for SES) (ESEA section 1116(e)(6); 34 C.F.R. § 200.48(c)).
  • Carryover waivers: This provision prohibits an SEA’s ability to grant to its SAUs waivers of the carryover limitation more than once every three years (ESEA section 1127(b)).

Comprehensive information on SAU submission requirements for waiver of specific statutory and regulatory provisions of Title I, Part A of the Elementary and Secondary Education Act of 1965 (ESEA) is available at www.ed.gov/programs/titleiparta/title-i-waiver.doc.

The Maine Department of Education will be providing additional submission guidance to applicable SAUs following approval for waivers from USED. If you have any questions regarding the submission of requests to waive the statutory or regulatory requirements discussed in this document, please contact Rachelle Tome at 624-6505 or rachelle.tome@maine.gov.