Exception to Local Maintenance of Equity — Caledonia 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 Mark Tucker, Superintendent of Schools at Caledonia 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 one high-poverty school, Walden School. Enrollment fell in fiscal year 2021 as families chose homeschooling during the pandemic and rose from 61 to 66 students in 2021-2022, while per-pupil funding still fell because fixed costs stayed constant. The Department grants the exception for fiscal year 2022.
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Cite this document
“Exception to Local Maintenance of Equity — Caledonia 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-94c0434d48/
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UNITED STATES DEPARTMENT OF EDUCATION
OFFICE OF ELEMENTARY AND SECONDARY EDUCATION
December 8, 2022
Mark Tucker
Superintendent of Schools
Caledonia Central Supervisory Union
PO Box 216
Danville, VT 05828
Dear Mr. Tucker,
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 Caledonia Central Supervisory Union (CCSU). Your request is in reference
to per-pupil funding in one high-poverty school within the CCSU 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 one of your high-poverty schools, Walden School. According to the
materials you provided, this high-poverty school 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 Walden School enrollment increased from 61 in the 2020-2021 school year
to 66 students in the 2021-2022 school year. Even though CCSU increased funding at Walden
School, Walden School still experienced a decrease in per-pupil funding because fixed costs
required for school operations because fixed costs remained constant.
After reviewing your request, we concur that the small size and volatility of enrollment at
Walden School constitutes an exceptional or uncontrollable circumstance that prevents CCSU
from meeting the maintenance of equity requirement in FY 2022. As a result, CCSU is excepted
from the local maintenance of equity requirements for FY 2022.
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
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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