Proposed Rule2021-21766
Request for Information Regarding the Implementation of Maintenance of Equity Provisions in the American Rescue Plan Act of 2021
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 5, 2021
Issuing agencies
Education Department
Abstract
The U.S. Department of Education (Department) is requesting information in the form of written comments regarding implementation of the statutory requirements for the American Rescue Plan Elementary and Secondary School Emergency Relief (ARP ESSER) Fund, under the American Rescue Plan (ARP) Act of 2021, that each State educational agency (SEA) and each local educational agency (LEA) that receives ARP ESSER funds maintain equity. Information received through this request may be used to assist the Department in preparing further guidance, providing technical assistance, engaging in potential rulemaking, and developing other resources.
Full Text
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<title>Federal Register, Volume 86 Issue 190 (Tuesday, October 5, 2021)</title>
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[Federal Register Volume 86, Number 190 (Tuesday, October 5, 2021)]
[Proposed Rules]
[Pages 54881-54883]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21766]
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DEPARTMENT OF EDUCATION
34 CFR Chapter II
[ED-2021-OESE-0115]
Request for Information Regarding the Implementation of
Maintenance of Equity Provisions in the American Rescue Plan Act of
2021
AGENCY: Office of Elementary and Secondary Education, U.S. Department
of Education.
ACTION: Request for information.
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SUMMARY: The U.S. Department of Education (Department) is requesting
information in the form of written comments regarding implementation of
the statutory requirements for the American Rescue Plan Elementary and
Secondary School Emergency Relief (ARP ESSER) Fund, under the American
Rescue Plan (ARP) Act of 2021, that each State educational agency (SEA)
and each local educational agency (LEA) that receives ARP ESSER funds
maintain equity. Information received through this request may be used
to assist the Department in preparing further guidance, providing
technical assistance, engaging in potential rulemaking, and developing
other resources.
DATES: We must receive your comments on or before November 4, 2021.
ADDRESSES: Submit your response to this request for information (RFI)
through the Federal eRulemaking Portal or via postal mail, commercial
delivery, or hand delivery. We will not accept comments submitted by
fax or by email or those submitted after the comment period. To ensure
that we do not receive
[[Page 54882]]
duplicate copies, please submit your comments only once. In addition,
please include the Docket ID at the top of your comments.
Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">www.regulations.gov</a> to submit
your comments electronically. Information on using <a href="http://Regulations.gov">Regulations.gov</a>,
including instructions for accessing agency documents, submitting
comments, and viewing the docket, is available on the site under
``FAQ.''
Postal Mail, Commercial Delivery, or Hand Delivery: If you mail or
deliver your comments in response to the request for information,
address them to U.S. Department of Education, 400 Maryland Avenue SW,
Room 3W113, Washington, DC 20202. Mailed comments must be postmarked by
November 4, 2021, to be accepted.
Privacy Note: The Department's policy is to make all comments
received from members of the public available for public viewing in
their entirety on the Federal eRulemaking Portal at
<a href="http://www.regulations.gov">www.regulations.gov</a>. Therefore, commenters should be careful to include
in their comments only information that they wish to make publicly
available.
This is a request for information only. This RFI is not a request
for proposals (RFP) or a promise to issue an RFP or a notice inviting
applications. This RFI does not commit the Department to contract for
any supply or service whatsoever. Further, we are not seeking proposals
and will not accept unsolicited proposals. The Department will not pay
for any information or administrative costs that you may incur in
responding to this RFI. The documents and information submitted in
response to this RFI become the property of the U.S. Government and
will not be returned.
FOR FURTHER INFORMATION CONTACT: Britt Jung, U.S. Department of
Education, 400 Maryland Avenue SW, Washington, DC 20202. Telephone:
(202) 453-5563. Email: <a href="/cdn-cgi/l/email-protection#e1a4b2b2a4b3a7a18485cf868e97"><span class="__cf_email__" data-cfemail="8cc9dfdfc9decacce9e8a2ebe3fa">[email protected]</span></a>.
If you use a telecommunications device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay Service (FRS), toll-free, at 1-
800-877-8339.
SUPPLEMENTARY INFORMATION: Background: The ARP Act provides a total of
nearly $122 billion via the ARP ESSER Fund to SEAs and LEAs to help
schools return safely to in-person instruction; sustain the safe
operation of schools; and address the social, emotional, mental health,
and academic impacts of the COVID-19 pandemic on the Nation's students.
Section 2004 of the ARP Act includes maintenance of equity
(MOEquity) provisions that are a condition for an SEA and LEA to
receive funds under the ARP ESSER Fund. Under section 2004(b) of the
ARP Act, the MOEquity provisions ensure that an SEA does not
disproportionately reduce State funding in fiscal years (FYs) 2022 and
2023 for LEAs serving a large share of students from low-income
families and, for the highest-poverty LEAs, does not decrease State
funding below their FY 2019 level. Similarly, under section 2004(c) of
the ARP Act, the MOEquity provisions ensure that each LEA safeguards
its high-poverty schools from disproportionate reductions to funding
and staffing.
On June 9, 2021, the Department published Frequently Asked
Questions on the MOEquity requirements (which the Department updated on
August 6, 2021),\1\ providing detailed guidance on how each SEA and LEA
can comply with the MOEquity provisions.
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\1\ See <a href="https://oese.ed.gov/files/2021/08/Maintenance-of-Equity-updated-FAQs_final_08.06.2021.pdf">https://oese.ed.gov/files/2021/08/Maintenance-of-Equity-updated-FAQs_final_08.06.2021.pdf</a>. (Maintenance of Equity Frequently
Asked Questions).
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Since issuing the guidance, the Department has continued to engage
with a wide array of stakeholders to understand the opportunities and
challenges related to MOEquity implementation within the context of the
coronavirus disease 2019 (COVID-19) pandemic. The Department is eager
to learn from the experiences and perspectives of SEAs, LEAs, and other
stakeholders. We are, therefore, issuing this RFI to invite public
comment on a range of MOEquity implementation questions. At the same
time, the Department is publishing elsewhere in this issue of the
Federal Register a Notice of Proposed Requirements (NPR) that would
require each SEA to make publicly available information on how each LEA
in the State is maintaining fiscal and staffing equity to ensure public
transparency and accountability for the implementation of the MOEquity
provisions.
Invitation to Comment: The Department is committed to supporting
SEAs and LEAs in implementing the ARP Act MOEquity provisions with
fidelity to the law. The Department recognizes that each State's
education finance system is unique and that additional guidance may be
needed regarding how to apply the MOEquity requirements with fidelity
in the context of specific and varied State circumstances.
To help inform its support for SEAs and LEAs in implementing the
MOEquity provisions, the Department is seeking input from the public.
The Department is interested in responses to the specific questions
below, as well as additional information and perspectives on MOEquity
implementation. Because this RFI is intended to inform further guidance
and any potential rulemaking, the Department does not anticipate
responding to each comment received. When responding to this RFI,
please address one or more of the following questions:
1. The Department is aware that each State's K-12 education funding
system is unique and that State-specific considerations may impact how
an SEA implements MOEquity requirements in a manner that is both
meaningful and meets the technical requirements of the ARP Act. What
types of State-specific considerations (e.g., funding mechanisms,
definitions of revenue sources, etc.) are relevant to the
implementation of the State and local MOEquity provisions? What types
of barriers exist to implementing the MOEquity provisions due to the
State-specific approach to education funding? How might guidance or
potential rulemaking account for unique State education finance systems
so that State MOEquity implementation will be consistent with the goal
of maintaining equity?
2. The Department recognizes that LEAs with small enrollments may
exhibit greater annual variation in per-pupil funding and other
calculations based primarily on their size. How might this issue be
addressed to ensure the small size of an LEA does not render year-over-
year comparisons unreliable, so that State MOEquity implementation will
be consistent with the goal of maintaining equity?
3. MOEquity requires comparisons of ``per-pupil funding.'' Please
identify any considerations that are relevant to implementation related
to enrollment data and funding sources used in determining per-pupil
funding. Are there safeguards that should be considered to ensure that
State-specific enrollment methodologies do not distort per-pupil
funding levels (e.g., the use of hold harmless provisions or rolling
averages)? Since MOEquity calculations are important to inform budget
allocation decisions, what data are SEAs and LEAs most likely to have
available and rely on for conducting initial MOEquity calculations?
4. LEAs may be exempted from MOEquity requirements per the ARP Act
based on ``exceptional or uncontrollable circumstance[s].'' What
factors should the Department be aware of related to the types of
exceptional or
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uncontrollable circumstances, both specific to FY 2022 implementation
and, more generally, to ensure that such exceptions do not contradict
the intent of the law and are consistent with the goal of maintaining
equity?
5. The purpose of the MOEquity provisions is to ensure that schools
and LEAs serving large proportions of underserved groups of students--
including students from low-income families, students of color, English
learners, students with disabilities, and students experiencing
homelessness--receive an equitable share of State and local funds as
the Nation continues to respond to the COVID-19 pandemic's impact. In
light of this purpose, what other information or related issues should
the Department consider to ensure that the purpose of the MOEquity
provisions are achieved?
Accessible Format: On request to the program contact person listed
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities
can obtain this document in an accessible format. The Department will
provide the requestor with an accessible format that may include Rich
Text Format (RTF) or text format (txt), a thumb drive, an MP3 file,
braille, large print, audiotape, or compact disc, or other accessible
format.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. You may
access the official edition of the Federal Register and the Code of
Federal Regulations at <a href="http://www.govinfo.gov">www.govinfo.gov</a>. At this site you can view this
document, as well as all other documents of the Department published in
the Federal Register, in text or Portable Document Format (PDF). To use
PDF, you must have Adobe Acrobat Reader, which is available free at the
site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at
<a href="http://www.federalregister.gov">www.federalregister.gov</a>. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Ian Rosenblum,
Deputy Assistant Secretary for Policy and Programs Delegated the
Authority to Perform the Functions and Duties of the Assistant
Secretary for Elementary and Secondary Education.
[FR Doc. 2021-21766 Filed 10-4-21; 8:45 am]
BILLING CODE 4000-01-P
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