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NYSED Waiver Request to USDE of Section 421(b) of the General Education Provisions Act

May 16, 2024

The New York State Education Department (NYSED or “the Department”) is formally requesting a waiver of Section 421(b) of the General Education Provisions Act, to extend the period of availability for State administrative funds consolidated under ESEA section 8201, including ARP State administrative funds and fiscal year (FY) 2022 ESEA State administrative funds. The waiver will allow NYSED to use funds reserved for administration under ESEA section 8201 to address ongoing administrative costs and avoid diverting funds away from critical services for LEAs, schools, students, and teachers and other educational staff. The waiver will also allow NYSED to implement the monitoring plans embedded in our United States Department of Education-approved State ARP Plan as well as retain the ability to provide technical assistance throughout the late liquidation and reporting periods to ensure quality implementation and data sharing by all LEAs in the state. Comments on the draft waiver may be e-mailed to