Letter to the North Dakota Department of Public Instruction — Maintenance of Equity (July 18, 2024)
Summary
A letter dated July 18, 2024 from the U.S. Department of Education's Office of Elementary and Secondary Education, signed by Adam Schott, Principal Deputy Assistant Secretary, to State Superintendent Kirsten Baesler of the North Dakota Department of Public Instruction. It says that based on fiscal year 2023 data North Dakota has not yet demonstrated compliance with maintenance of equity requirements for three high-need and two highest-poverty districts. It lists shortfalls of $10,650 for Belcourt, $31,673 for Devils Lake, $207,234 for Wahpeton, $156,843 for Mandan and $2,322,740 for McKenzie Co. It asks for a plan within 30 calendar days and warns of enforcement actions, with a copy to Doug Burgum, Governor of North Dakota.
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“Letter to the North Dakota Department of Public Instruction — Maintenance of Equity (July 18, 2024).”
Original at www.ed.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/department-of-education-7-18-2024-used-www-ed-gov-3d05c61d93-50eff4dfd8/
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UNITED STATES DEPARTMENT OF EDUCATION
OFFICE OF ELEMENTARY AND SECONDARY EDUCATION
July 18, 2024
The Honorable Kirsten Baesler
State Superintendent
North Dakota Department of Public Instruction
600 East Boulevard Ave., Dept. 201
Bismarck, ND 58505
Dear State Superintendent Baesler:
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 North Dakota Department of Public Instruction (NDDPI). In
these discussions, we worked with NDDPI 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 developed by NDDPI and consistent with the Department’s
guidance.2
Based on FY 2023 data provided by the State,3 North Dakota has not yet demonstrated
compliance with the FY 2023 maintenance of equity requirements for three high-need LEAs
and two highest-poverty LEAs; please see Table 1, next page. North Dakota may resolve the
identified compliance issues for FY 2023 is by making supplemental payments to these LEAs
equal to the amount of the State funding reductions considered “disproportionate” under the
maintenance of equity requirement.
1
https://oese.ed.gov/files/2024/02/FINAL_North-Dakota-FY-2023-Small-LEA-Tolerance-Response.pdf
2
https://oese.ed.gov/files/2023/01/2023-01-23-Update_22-0471-moequity-FAQs_Final-Version.pdf
3
https://oese.ed.gov/files/2024/01/North-Dakota-FY23-MOEquity-Data.xlsx
Table 1. Amount of State funding reductions considered disproportionate under
FY 2023 maintenance of equity requirement
LEA Shortfall
Belcourt 7 $10,650
Devils Lake 1 $31,673
Wahpeton 37 $207,234
Mandan 1 $156,843
McKenzie Co 1 $2,322,740
These figures are based on data and information available to the Department through its
monitoring and may not reflect the full scope of North Dakota’s FY 2023 maintenance of equity
compliance issues.
Within 30 calendar days of this correspondence, North Dakota must submit a plan to the
Department, demonstrating that it is actively working to resolve its FY 2023 maintenance of
equity compliance issues. 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 North Dakota 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,4 designating a State as a high-risk grantee,5 and potential recovery of ARP ESSER
funds.6
If you have any questions or require assistance, please contact the Department via North
Dakota’s State mailbox, NorthDakota.OESE@ed.gov.
Sincerely,
Adam Schott
Principal Deputy Assistant Secretary
Delegated the Authority to Perform the
Functions and Duties of the Assistant Secretary
Office of Elementary and Secondary Education
CC: The Honorable Doug Burgum
Governor of North Dakota
600 East Boulevard Ave.
Bismarck, ND 58505
4
See 2 C.F.R. § 200.206(c) and 200.208.
5
See 2 C.F.R. § 3474.10 and 2 C.F.R. 200.208.
6
Section 452 of the General Education Provisions Act, 20 U.S.C.
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