United States Department of Education to Penny Chamberlin — Orleans Central Supervisory Union (December 8, 2022)

Summary

A letter dated December 8, 2022 from the U.S. Department of Education's Office of Elementary and Secondary Education to Penny Chamberlin, Superintendent of Schools at Orleans Central Supervisory Union. It responds to the union's amended request, received September 26, 2022, for an exception to the local maintenance of equity requirement under the American Rescue Plan Act of 2021 for fiscal year 2022 at two high-poverty schools. Enrollment at Orleans Elementary School rose from 118 to 124 students and at Albany Community School from 93 to 111, while per-pupil funding fell because fixed costs stayed constant. The Department agrees that small size and volatile enrollment are an exceptional or uncontrollable circumstance and excepts the union for fiscal year 2022.

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Issuer: Congressional materials
Document type: Department Of Education Pdf Www Ed Gov 2F6A5741C4
Case: Department Of Education Pdf Www Ed Gov 2F6A5741C4

Cite this document

“United States Department of Education to Penny Chamberlin — Orleans Central Supervisory Union (December 8, 2022).” Original at www.ed.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/department-of-education-pdf-www-ed-gov-2f6a5741c4/, SHA-256 573d7dee465b8aa8449f564f82e792d66b6b1f7ae78ec8e903197045fb5ef5dc.

Full text

                                   UNITED STATES DEPARTMENT OF EDUCATION
                              OFFICE OF ELEMENTARY AND SECONDARY EDUCATION




                                                 December 8, 2022

Penny Chamberlin
Superintendent of Schools
Orleans Central Supervisory Union
461 Waterman Road
Royalton, VT 05068

Dear Ms. Chamberlin,

Thank you for submitting to the U.S. Department of Education (Department) your request for an
exception to local maintenance of equity requirements under the American Rescue Plan Act of
2021 (ARP) for Orleans Central Supervisory Union (OCSU). Your request is in reference to per-
pupil funding in two high-poverty schools within the OCSU for 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, 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 September 26, 2022, the Department received your amended request for an exception to the
maintenance of equity requirement because of uncontrollable changes in student enrollment in
FYs 2021 and 2022 at two of your high-poverty schools, Orleans Elementary School and Albany
Community School. According to the materials you provided, these high-poverty schools had
reductions in enrollment in FY 2021 because of the COVID-19 pandemic and saw subsequent
enrollment increases in FY 2022. At Orleans Elementary School, enrollment increased from 118
in the 2020-2021 school year to 124 students in the 2021-2022 school year. At Albany
Community School, enrollment increased from 93 in the 2020-2021 school year to 111 students
in the 2021-2022 school year. Even though OCSU increased funding to meet the needs of the
growing student population, Orleans Elementary School and Albany Community School still
experienced a decrease in per-pupil funding because fixed costs remained constant.

After reviewing your request, we concur that the small size and volatility of enrollment at
Orleans Elementary School and Albany Community School constitutes an exceptional or
uncontrollable circumstance that prevents OCSU from meeting the maintenance of equity

                                400 MARYLAND AVE. SW, WASHINGTON, DC 20202
                                               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
requirement in FY 2022. As a result, OCSU 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 Vermont state mailbox
at: Vermont.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 Daniel French
Secretary of Education
Vermont Department of Education

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