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Colorado’s ESEA CARES Act Fiscal Waiver

Notice to Provide Public Comment on Colorado’s ESEA CARES Act Fiscal Waiver

The recently signed Coronavirus Aid, Relief, and Economic Security Act (CARES Act) provides relief to children and educators who have been profoundly affected by the Novel Coronavirus Disease (COVID-19). In addition to the assessment, accountability and school improvement waivers under the Every Student Succeeds Act (ESSA), the Secretary of Education is providing additional flexibility and has invited states to request waivers of the following fiscal provisions.  Read the US Department of Education letter to Chief State School Officers (PDF).

  • Section 1127(b) of Title I, Part A of the ESEA so that your State educational agency (SEA) may waive, more than once every three years, if necessary, the 15 percent carryover limitation in ESEA section 1127(a) for fiscal year (FY) 2019 Title I, Part A funds.
  • Section 421(b) of the General Education Provisions Act (GEPA) to extend the period of availability of FY 2018 funds for programs in which your SEA participates under its approved consolidated State plan until September 30, 2021.
  • Section 4106(d) of Title IV, Part A of the ESEA related to local educational agency (LEA) needs assessments for the 2019-2020 school year.
  • Section 4106(e)(2)(C), (D), and (E) of Title IV, Part A of the ESEA with respect to content-area spending requirements for FYs 2018 and 2019 Title IV, Part A funds.
  • Section 4109(b) of Title IV, Part A of the ESEA with respect to the spending limitation for technology infrastructure for FYs 2018 and 2019 Title IV, Part A funds.
  • Section 8101(42) of the ESEA, which defines “professional development,” for activities funded for the 2019-2020 school year.

CDE has applied for and received approval to waive fiscal requirements from the US Department of Education. For an alternative version of this information, please email

If there are other federal requirements for which you anticipate a need for a waiver that are not currently covered by the CARES Act or if there are any comments related to the waiver, please provide your input and comments by May 6, 2020 to or mailed to:

Colorado Department of Education
Federal Programs Unit
1560 Broadway, Suite 1100
Denver, CO 80202-5149

Please share this notice with any interested members of your community including, but not limited to, parents, educators, and school administrators. 

For Additional Information Contact: 

DeLilah Collins
Assistant Director, ESEA Programs Office