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 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:

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