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Exception to Local Maintenance of Equity Requirements — Rice Consolidated ISD (January 31, 2023)

Summary

A letter dated January 31, 2023 from the U.S. Department of Education's Office of Elementary and Secondary Education, signed by Laura Jimenez, to Kyle Thurman, Federal Programs Director at Rice Consolidated ISD. It responds to the district's November 18, 2022 request for an exception to the local maintenance of equity requirement under the American Rescue Plan Act of 2021 for fiscal year 2023, concerning Rice Challenge Academy. The district reported enrollment changes of up to 30 percent over a single semester and three distinct semester programs. The Department agrees that small size and volatile enrollment are an exceptional or uncontrollable circumstance and says the district may exclude the school from the requirement for fiscal year 2023.

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Cite this document

“Exception to Local Maintenance of Equity Requirements — Rice Consolidated ISD (January 31, 2023).” Original at www.ed.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/department-of-education-pdf-2023-www-ed-gov-7ecc9cc0f0-57f17b9363/, SHA-256 6911b6fb2dff9499608db51fc24422985495e6e2aab6dd67756b6fd1d48e76d0.

Full text

                      UNITED STATES DEPARTMENT OF EDUCATION
                          OFFICE OF ELEMENTARY AND SECONDARY EDUCATION



                                        January 31, 2023

Kyle Thurman
Federal Programs Director
Rice Consolidated ISD
P.O. Box 338
Altair, TX 77412

Dear Mr. Thurman:

Thank you for submitting to the U.S. Department of Education (the Department) Rice
Consolidated ISD’s request for an exception to local maintenance of equity requirements under
the American Rescue Plan Act of 2021 (ARP Act) in fiscal year (FY) 2023.

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, for example, 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.

On November 18, 2022, the Department received your request for an exception to the
maintenance of equity requirement for FY 2023 for one of your high-poverty schools – Rice
Challenge Academy. According to the materials you provided, Rice Challenge Academy
experiences frequent, unpredictable changes in enrollment, including up to 30 percent changes in
enrollment over the course of a single semester. Moreover, the school has three, distinct semester
programs, each with a unique cohort of students, making it difficult for the school to accurately
account for its total enrollment in the fall semester.

After reviewing your request, we concur that the small size and volatility of enrollment at Rice
Challenge Academy constitutes an exceptional or uncontrollable circumstance that prevents Rice
Consolidated ISD from meeting the maintenance of equity requirement for Rice Challenge
Academy in FY 2023. As a result, Rice Consolidated ISD may exclude Rice Challenge Academy
from the local maintenance of equity requirements for FY 2023.
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

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