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The U.S. Department of Education has notified state educational agencies of the opportunity to seek a waiver to extend the period of availability of state administrative funds under the American Rescue Plan Elementary and Secondary School Emergency Relief, Homeless Children and Youth, and Elementary and Secondary Education Act, or what is known as a Tydings amendment waiver, according to an advisory from the New Jersey Department of Education.

The NJDOE intends to apply, and as part of the waiver process, it is inviting the public to comment on the waiver request from June 5, 2024, to June 19, 2024.

Specifically, the NJDOE is seeking a waiver of section 421(b) of the General Education Provisions Act, which would extend the period of availability of administrative funds consolidated under ESEA section 8201. This waiver would allow New Jersey to consolidate ARP ESSER and ARP HCY program administration funds with its ESEA administrative funds and use this consolidated funding to address NJDOE’s administrative costs, including those associated with ARP reporting, monitoring and close-out activities, through March 31, 2026.

Public Comment Process

The NJDOE invites the public to review the waiver request and submit comments via email by June 19, 2024, by 5 p.m. Additional information is available on the NJDOE’s ARP ESSER website.

Following the public comment period, the NJDOE will submit the waiver request to the USDOE.