A r c h i v e d  I n f o r m a t i o n

Letter to chief state school officer of Louisiana regarding waivers

March 9, 2007

Mr. Paul G. Pastorek
Superintendent-Designate
State Department of Education
626 North 4th Street, 12th Floor
Baton Rouge, Louisiana 70804-9064

Dear Mr. Pastorek:

This is in response to Dr. Cecil Picard's January 31 letter, which contained specific requests for flexibility needed as part of the ongoing recovery process from Hurricanes Katrina and Rita. We at the Department of Education were deeply saddened to learn of Cecil's passing. Our work with him particularly in the aftermath of the Gulf Coast hurricanes revealed the depth and extent of his inspiring dedication to the young people of Louisiana. We commend you as you continue the work that he committed to this effort.

We have reviewed the requests and I am pleased to respond. Specifically, Louisiana requested a 12-month extension of the period for obligating all fiscal year (FY) 2005 grants whose period of availability will expire on September 30, 2007, and a corresponding 12-month extension of the period in which to liquidate those obligations. Under the waiver authority in section 9401 of the Elementary and Secondary Education Act of 1965 (ESEA), as amended, we are granting Louisiana's request for a 12-month extension of the time within which the state and its districts may obligate ESEA funds for which the period of availability expires on September 30, 2007. Those funds are now available for obligation through September 30, 2008. Please note that we do not have the authority to extend the period of availability for non-ESEA funds. We are also extending by 12 months the liquidation period for those FY 2005 ESEA funds. The Louisiana Department of Education (LDE) must notify local educational agencies that the State applied for and received an extension of these deadlines.

LDE also requested a waiver of section 1127(b) of the ESEA, which limits LDE's ability to grant a district a waiver of the 15 percent carryover limitation in Part A of Title I to once every three years. Under the waiver authority in section 9401 of the ESEA, we are granting Louisiana's request, so that your agency may grant a district a waiver of the 15 percent Title I, Part A carryover limitation more than once every three years. You may exercise this authority with respect to FY 2005 funds and, if necessary, FY 2006 funds.

We appreciate Louisiana's continued commitment to provide its children a quality education. Let me take this opportunity to congratulate you on your selection as State Superintendent of Education. We look forward to working with you. Please do not hesitate to contact me if I can be of further assistance.