Letter to the Georgia Department of Education — Maintenance of Equity (December 22, 2023)
Summary
A December 22, 2023 letter from Adam Schott, Deputy Assistant Secretary for Policy and Programs, tells Georgia State Superintendent Richard Woods that the State has not yet shown compliance with the FY 2022 maintenance of equity requirements for 38 high-need LEAs. A table lists shortfalls from $28,101 for Richmond County to $9,647,217 for Georgia Cyber Academy. The letter notes the Secretary cannot waive the requirements, says supplemental payments equal to the reductions are one way to resolve the issue, and asks for a plan within 30 calendar days. It warns of conditions, high-risk designation and possible recovery of funds if there is no timely response.
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Cite this document
“Letter to the Georgia Department of Education — Maintenance of Equity (December 22, 2023).”
Original at www.ed.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/department-of-education-12-22-2023-used-www-ed-gov-0643a3c5b0-c45bfd4e60/
, SHA-256 d07978ae97d7ba4fbd704c7fb42b61070f515358fc61262f23c9497606027b93.Full text
UNITED STATES DEPARTMENT OF EDUCATION
OFFICE OF ELEMENTARY AND SECONDARY EDUCATION
December 22, 2023
The Honorable Richard Woods
State Superintendent
Georgia Department of Education
205 Jesse Hill, Jr. Drive, SE
Atlanta, GA 30334
Dear Superintendent Woods:
The American Rescue Plan Act of 2021 (ARP Act) includes requirements to safeguard the
highest need local educational agencies (LEAs) from experiencing a disproportionate reduction
in State funding in fiscal years (FYs) 2022 and 2023 (i.e., school years 2021-2022 and 2022-
2023) and to ensure that LEAs serving the greatest numbers of students from low-income
backgrounds do not experience a decrease in State funding below their FY 2019 levels. The
Secretary does not have authority to waive these requirements.
To support implementation of these maintenance of equity requirements, the U.S. Department of
Education (Department) has conducted technical assistance calls with States since summer 2022,
including multiple calls with the Georgia Department of Education (GaDOE). In these
discussions, we worked with GaDOE officials to assist the State in categorizing various funds
provided to LEAs in the maintenance of equity data submission and in evaluating a small LEA
tolerance proposal1 as described in our guidance.2
Based on final FY 2022 data provided by the State, Georgia has not yet demonstrated
compliance with the FY 2022 maintenance of equity requirements for 38 high-need LEAs;
please see Table 1, below. One way that Georgia may resolve the identified compliance issues
for FY 2022 is by making supplemental payments to these high-need LEAs equal to the amount
of the State funding reductions considered “disproportionate” under the maintenance of equity
requirement.
Table 1. Amount of State funding reductions considered disproportionate under
maintenance of equity requirement
LEA FY 2022 Maintenance of Equity Shortfall
Richmond County – 721 $ 28,101
Appling County – 601 $ 55,522
1
https://oese.ed.gov/files/2023/07/GA-Small-LEA-Tolerance-Response-Final.pdf
2
https://oese.ed.gov/files/2023/01/2023-01-23-Update_22-0471-moequity-FAQs_Final-Version.pdf
400 MARYLAND AVE., SW, WASHINGTON, DC 20202
http://www.ed.gov/
The Department of Education’s mission is to promote student achievement and preparation for global competitiveness by
fostering educational excellence and ensuring equal access.
Table 1. Amount of State funding reductions considered disproportionate under
maintenance of equity requirement
Peach County – 711 $ 63,087
Lincoln County – 690 $ 69,426
Jasper County – 679 $ 146,624
Charlton County – 624 $ 152,000
McIntosh County – 698 $ 159,820
Rabun County – 719 $ 162,786
Walker County – 746 $ 168,483
Cook County – 637 $ 171,513
Evans County – 654 $ 188,320
Habersham County – 668 $ 195,576
Fannin County – 655 $ 258,970
Calhoun City – 765 $ 285,408
Chickamauga City – 769 $ 292,182
Grady County – 665 $ 303,912
Greene County – 666 $ 315,210
Mitchell County – 701 $ 368,328
Lanier County – 686 $ 379,960
Gilmer County – 661 $ 388,377
Marion County – 696 $ 418,106
Decatur County – 643 $ 425,390
Crisp County – 640 $ 456,720
Early County – 649 $ 505,818
Chattooga County – 627 $ 516,168
Franklin County – 659 $ 538,846
Banks County – 606 $ 625,050
Meriwether County - 699 $ 934,150
Oglethorpe County – 709 $ 1,014,360
Madison County – 695 $ 1,561,608
Spalding County – 726 $ 1,574,672
Sumter County – 729 $ 1,903,650
Hall County – 669 $ 2,166,345
Foothills – 7820613 $ 2,175,920
Bibb County – 611 $ 3,282,296
Coastal Plains – 7820618 $ 4,201,516
DeKalb County – 644 $ 6,147,132
Georgia Cyber Academy – 7820120 $ 9,647,217
Please note that these figures are based on the data and information available to the Department
through its monitoring and may not reflect the full scope of compliance issues in Georgia.
Within 30 calendar days of the date of this letter, GaDOE must submit a plan to the Department
demonstrating that it is actively working to resolve its maintenance of equity compliance issues
for FY 2022. This plan should clarify the extent to which the State is planning to make
supplemental payments to the LEAs listed above; please include information regarding how and
when any supplemental payments will be made and provide any additional data, as applicable.
If GaDOE does not provide a timely response, the Department may take appropriate enforcement
actions, such as adding specific conditions to a State’s ARP ESSER award,3 designating a State
as a high-risk grantee,4 and potential recovery of ARP ESSER funds.5
Thank you for your work to implement the maintenance of equity requirements. If you have any
questions or require assistance, please contact the Department via your State mailbox:
Georgia.OESE@ed.gov.
Sincerely,
Adam Schott
Deputy Assistant Secretary for Policy and Programs
Delegated the Authority to Perform the
Functions and Duties of the Assistant Secretary
Office of Elementary and Secondary Education
CC: The Honorable Brian Kemp
Governor of Georgia
206 Washington Street
Suite 203, State Capitol
Atlanta, GA 30334
3
See 2 C.F.R. § 200.206(c) and 200.208.
4
See 2 C.F.R. § 3474.10 and 2 C.F.R. 200.208.
5
Section 452 of the General Education Provisions Act, 20 U.S.C. 1234a.
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