Title I-A: Improving Basic Programs

Waiver of Section 1127(b) of the Elementary and Secondary Education Act (ESEA) – Public Comment

The Idaho Department of Education intends to apply to the U.S. Department of Education (ED) for a waiver, pursuant to section 8401 of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act (ESSA), regarding the cap on Title I, Part A carryover and is seeking feedback on the waiver.

Waiver

• Section 1127(a) of ESEA requires that not more than 15% of a Local Education Agency (LEA)’s prior year allocation of Title I, Part A funding may remain available for obligation in the subsequent fiscal year. Section 1127(b) allows the State Education Agency (SEA) to grant an LEA a waiver of the 15% carryover limit not more than once every three years if the LEA requests it. LEAs consist of both traditional Public School Districts and Public Charter Schools.
• The Idaho Department of Education seeks to waive the “once every three years” restriction within Section 1127(b) for Federal Fiscal Year 2024 funding which was considered carryover as of October 1st, 2025. This will allow the Department to grant waivers to LEAs who carried over greater than 15% of the LEA’s 2024-2025 allocation of Title I, Part A funding into the 2025-2026 school year regardless of whether or not the LEA has requested a waiver within the previous three years.

The Idaho Department of Education is required to notify the public and any interested LEAs of the SDE’s intent to apply for a waiver pursuant to section 8401 of ESEA and to provide a reasonable opportunity to comment.

Interested persons and entities are invited to submit comments on or before March 6, 2026.

• Public Comment Form