Exception to Local Maintenance of Equity — Washington Central Unified Union School District (December 8, 2022)

Summary

This is a letter dated December 8, 2022 from the Office of Elementary and Secondary Education at the United States Department of Education to Megan Roy, Superintendent of Schools at the Washington Central Unified Union School District (WCUUSD) in Vermont, responding to its request for an exception to the local maintenance of equity requirements under the American Rescue Plan Act of 2021. It says the request concerns per-pupil funding in two high-poverty schools, Doty Memorial School and Berlin Elementary School, for fiscal year 2022, and that enrollment fell in FY 2021 and rose in FY 2022. The letter states that the Department concurs that the small size and volatility of enrollment constitute an exceptional or uncontrollable circumstance, so WCUUSD is excepted from the local maintenance of equity requirements for FY 2022.

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Full text

                           UNITED STATES DEPARTMENT OF EDUCATION
                                OFFICE OF ELEMENTARY AND SECONDARY EDUCATION




                                                 December 8, 2022

Megan Roy
Superintendent of Schools
Washington Central Unified Union School District
1130 Gallison Hill Road
Montpelier, VT 05602

Dear Ms. Roy,

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 Washington Central Unified Union School District (WCUUSD). Your request is
in reference to per-pupil funding in two high-poverty schools within the WCUUSD 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, Doty Memorial School and Berlin
Elementary School. According to the materials you provided, these high-poverty schools had
reductions in enrollment in FY 2021 because families elected to homeschool their children
during the height of the COVID-19 pandemic but saw subsequent enrollment increases in FY
2022 after the vaccine became more widely available. At Doty Memorial School, enrollment
increased from 59 in the 2020-2021 school year to 62 students in the 2021-2022 school year. At
Berlin Elementary School, enrollment increased from 162 in the 2020-2021 school year to 178
students in the 2021-2022 school year. Even though WCUUSD increased funding and full time
equivalent staff to meet the needs of the growing student population, Doty Memorial School and
Berlin Elementary School still experienced a decrease in per-pupil funding because fixed costs
remained constant.
                                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
After reviewing your request, we concur that the small size and volatility of enrollment at Doty
Memorial School and Berlin Elementary School constitutes an exceptional or uncontrollable
circumstance that prevents WCUUSD from meeting the maintenance of equity requirement in
FY 2022. As a result, WCUUSD 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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