Pursuant to the authority granted under Section 8401(b) of the Elementary and Secondary Education Act (ESEA), the Maine Department of Education (DOE) intends to apply for a Tydings Amendment waiver and a Title I Carryover of Excess waiver from the U.S. Department of Education (USED). As required, the Maine DOE is seeking public comment from February 24 to March 14, 2025, on the request to waive the period of availability for ESEA funds and Title I, Part A carryover limitations. This public comment period has been extended for longer than 15 days, acknowledging the return from February break.

Maine will be seeking:

• A Tydings Amendment waiver from Section 421(b) of the General Provisions Act to the USED. The Tydings Amendment waiver seeks an extension to the availability of Federal Fiscal Year 2023/State Fiscal Year 2024 ESEA funds. Programs affected by this waiver include:
  • Title I, Part A of the ESEA (Improving Basic Programs Operated by Local Education Agencies [LEAs]), including the portions of the state education agency’s (SEA) Title I, Part A award used to carry out Section 1003 school improvement, Section 1003A direct student services, if applicable, and Title I, Part D, Subpart 2.
  • Title I, Part B of the ESEA (State Assessment Formula Grants).
  • 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 IV, Part A of the ESEA (Student Support and Academic Enrichment Grants).
  • Title IV, Part B of the ESEA (21st Century Community Learning Centers).
  • Title V, Part B, Subpart 2 of the ESEA (Rural and Low-Income School Program).
  • McKinney-Vento Education for Homeless Children and Youth Program.
• A carryover limitation waiver from Section 1127(a) of the Elementary and Secondary Education Act of 1965, as amended for Federal Fiscal Year 2024/State Fiscal Year 2025 Title I, Part A funds. The carryover limitation waiver seeks to waive the requirement that limits the Maine DOE’s ability to grant to its LEAs a waiver of the 15-percent Title I, Part A carryover limitation of more than once every three years.

The Maine DOE must solicit and respond to public comments on its waiver request, as well as provide evidence of the available comment period. As the Maine DOE moves forward to provide as much flexibility as possible, and continued support for expending ESEA federal funds, comments may be submitted to Shelly Chasse-Johndro at shelly.chassejohndro@maine.gov.