Local Educational Agency Local Maintenance of Equity Exception Process (Department of Education)

Summary

A document titled Local Educational Agency (LEA) Local Maintenance of Equity Exception Process. It states that under section 2004(c)(2) of the ARP Act, an LEA is excepted from the local maintenance of equity requirements if the LEA has a total enrollment of less than 1,000 students, operates a single school, serves all students within each grade span with a single school, or demonstrates an exceptional or uncontrollable circumstance, as determined by the Secretary. It describes Scenarios A, B, or C for submitting an exception request, including a Certification of Exception from Local Maintenance of Equity Requirements in Appendix B of the updated FAQs. It says a request under scenario C goes to the Department via the State's mailbox and requires a case-by-case review by the Department.

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 Local Educational Agency (LEA) Local Maintenance of Equity Exception Process

What LEAs are excepted from maintenance of equity?
Under section 2004(c)(2) of the ARP Act, an LEA is excepted from the local maintenance of
equity requirements if the LEA:
   1. Has a total enrollment of less than 1,000 students;
   2. Operates a single school;
   3. Serves all students within each grade span with a single school; or
   4. Demonstrates an exceptional or uncontrollable circumstance, such as unpredictable
        changes in student enrollment or a precipitous decline in the financial resources of the
        LEA, as determined by the Secretary. Please see FAQ 32 for additional information on
        this exception, including unique circumstances for the 2021-2022 school year that may
        apply to your LEAs.

If an LEA has an exception from maintaining equity, it does not need to identify high-
poverty schools. However, a State must report State-level maintenance of equity data for all
LEAs, even those that are excepted from local maintenance of equity requirements.

How to submit an LEA exception request? (Scenarios A, B, or C)

A) An LEA that falls under the first three exceptions (has a total enrollment of less than 1,000
   students, operates a single school, or serves all students within each grade span with a
   single school) is automatically excepted from local maintenance of equity requirements. The
   LEA does not need to submit a Certification of Exception from Local Maintenance of
   Equity Requirements; however, the LEA should maintain documentation that the LEA is
   excepted from the local maintenance of equity requirements. This
   documentation should be shared with the SEA for further monitoring and auditing
   purposes.

B) If an LEA did not have an aggregate reduction in combined State and local per-pupil funding
   in FY2022, then the LEA has demonstrated an “exceptional or uncontrollable circumstance”
   and should complete the Certification of Exception from Local Maintenance of
   Equity Requirements in Appendix B of the updated FAQs and submit the certification to its
   SEA. The LEA does not need to submit this form to the U.S. Department of Education
   (Department). Each SEA should keep the Appendix B certifications submitted by LEAs on
   file. LEA certifications may be requested by the Department for monitoring and auditing
   purposes.
C) If an LEA cannot demonstrate an exception through scenarios A or B above but believes it
   otherwise qualifies for an exception due to an “exceptional or uncontrollable
   circumstance,” the LEA must submit a request for exception to the Department via the
   State’s mailbox (i.e., Alabama.oese@ed.gov) and copy the appropriate SEA officials for
   awareness. This request should provide detailed information on the exceptional or
   uncontrollable circumstance and how it prevents the LEA from maintaining equity. See FAQ
   32 for more details and examples of exceptional or uncontrollable circumstances. Each
   claim of exception will require a case-by-case review by the Department. Once the claim has
   been reviewed, the Department will advise the LEA whether the exception request has been
   approved and copy appropriate SEA officials.


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