Student, School, and Family Support Bureau

PUBLIC COMMENT NOTICE

The NM Public Education Department (PED) is providing notice to the public and to school districts and charter schools that the PED is considering submittal of a waiver request to the US Department of Education for the following requirements as a result of the upcoming expiration of funds related to the novel Coronavirus Disease 2019 (COVID-19):

• Carryover limitation in section 1127(b) of the Elementary and Secondary Education Act of 1965 (ESEA) for Federal fiscal year (FY) 2023 Title I, Part A funds (i.e., the Title I, Part A funds that will become carryover funds on October 1, 2024): to waive the requirement that limits an SEA’s ability to grant to its LEAs a waiver of the 15 percent Title I, Part A carryover limitation in section 1127(a) to once every three years.
• Period of availability of funds in section 421(b) of the General Education Provisions Act (GEPA): to extend the period of availability of FY 2022 funds for programs in which the SEA participates under its approved consolidated State plan until September 30, 2025. The programs are:
  • The portions of the SEA’s Title I, Part A award used to carry out section 1003 school improvement, section 1003A direct student services.
  • Title I, Part C of the ESEA (Education of Migratory Children)
  • Title I, Part D, Subpart 1 of the ESEA (Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At Risk)
  • Title II, Part A of the ESEA (Supporting Effective Instruction)
  • Title III, Part A of the ESEA (English Language Acquisition, Language Enhancement, and Academic Achievement)
  • Title V, Part B, Subpart 2 of the ESEA (Rural and Low-Income School Program)
  • McKinney-Vento Education for Homeless Children and Youth Program
  • USDA Fresh Fruit & Vegetable Program
  • USDA Equipment Assistance

Please submit your comments and questions regarding the waiver request to the form linked below: