The Secretary of Education to Peter Pitts, Chief Financial Officer, Kingsville Independent School District
Summary
This is a letter dated May 16, 2022 on The Secretary of Education letterhead to Peter Pitts, Chief Financial Officer of Kingsville Independent School District, responding to the district's request for an exception to the requirement that it maintain equity in one of its high-poverty schools in fiscal year (FY) 2022. The letter states that Kingsville closed two elementary schools, redistributed students, and that enrollment at Harrel Elementary School increased by 40 percent. It states that the Department concurs these events constitute an exceptional or uncontrollable circumstance that prevents the district from meeting the maintenance of equity requirement in FY 2022 with respect to Harrel Elementary School. It concludes that Kingsville ISD is excepted from the local maintenance of equity requirements for FY 2022.
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“The Secretary of Education to Peter Pitts, Chief Financial Officer, Kingsville Independent School District.”
Original at www.ed.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/department-of-education-pdf-2022-www-ed-gov-7c05ddf453-ce4a6e40d7/
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THE SECRETARY OF EDUCATION
WASHINGTON, DC 20202
May 16, 2022
Peter Pitts
Chief Financial Officer
Kingsville Independent School District
P.O. Box 871
Kingsville, TX 78364
Dear Mr. Pitts:
Thank you for submitting to the U.S. Department of Education (the Department) your request for an
exception to the requirement that Kingsville Independent School District (ISD) maintain equity in one of
its high-poverty schools in fiscal year (FY) 2022.
As you know, section 2004(c)(2) of the American Rescue Plan Act of 2021 specifies that a local
educational agency (LEA) need not maintain equity if the LEA “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.” An “exceptional or
uncontrollable circumstance” might include increased one-time expenditures in the baseline year (school
year 2020-2021) due to the pandemic, a very small school where the maintenance of equity calculations
do not result in meaningful information about resource availability, or a significant change in the
expenses of a school that no longer serves a student whose educational and support needs required
services that have a particularly high cost. Each request for an exception requires a case-by-case review
by the Department.
According to the materials you provided, you request an exception to maintaining equity because
Kingsville ISD has experienced an LEA-wide reconfiguration of schools that led to uncontrollable
changes in student enrollment in FY 2022 compared to FY 2021. Specifically, Kingsville closed two
elementary schools: a pre-K-4 school and a 5-6 school. It distributed students from the pre-K-4 school to
three remaining elementary schools, added a 5th grade to each remaining elementary school, and added a
6th grade to the 7-8 grade school. As a result, at one of Kingsville ISD’s high-poverty schools, Harrel
Elementary School, enrollment increased by 40 percent because of the addition of 5th grade as well as a
significant increase in pre-K through 4th grade enrollment. Even though Kingsville ISD increased the
number of full-time equivalent staff to meet the needs of the growing student population, Harrel
Elementary School still experienced a decrease in per-pupil funding because fixed costs required for
school operations stayed the same.
After reviewing your request, we concur that these events constitute an exceptional or uncontrollable
circumstance that prevents Kingsville ISD from meeting the maintenance of equity requirement in FY
2022 with respect to Harrel Elementary School. As a result, Kingsville ISD is excepted from the local
maintenance of equity requirements for FY 2022.
Thank you again for reaching out to the Department and for your ongoing commitment to maintaining
equity. If you have any questions, please contact the Texas state mailbox at: Texas.OESE@ed.gov.
Sincerely,
Laura Jimenez
Laura Jimenez
Director, Office of State and Grantee Relations
Office of Elementary and Secondary Education
United States Department of Education
CC: The Honorable Mike Morath
Commissioner of Education
Texas Education Agency
1701 N. Congress Avenue
Austin, Texas 78701
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