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Exception to the Requirement That Floyd County Schools Maintain Equity (February 1, 2022)

Summary

In this letter dated February 1, 2022, the Department of Education responds to Laura Timberlake, Director of Federal Programs, Floyd County Schools (FCS), on its request for an exception to the maintenance of equity requirement in high-poverty schools for fiscal year 2022. The letter says the Department received the request on November 1, 2021, and that FCS cited a multi-year decline in enrollment that led to the closure and consolidation of schools. It concludes that these events constitute an exceptional circumstance and that FCS is excepted from the local maintenance of equity requirements in FY 2022. It asks FCS to follow up to request an exception if unable to maintain equity in FY 2023. The signature block names Laura Jimenez, Director, Office of State and Grantee Relations.

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Issuer
Congressional materials
Document type
Department Of Education Pdf Www Ed Gov B3797Ba73A
Case
Department Of Education Pdf Www Ed Gov B3797Ba73A

Cite this document

“Exception to the Requirement That Floyd County Schools Maintain Equity (February 1, 2022).” Original at www.ed.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/department-of-education-pdf-www-ed-gov-b3797ba73a/, SHA-256 84d88ba0de1962ac925f9a32c89d5dac200a095e7a96323592f8535a35549d94.

Full text

                                   THE SECRETARY OF EDUCATION
                                           WASHINGTON, DC 20202




                                            February 1, 2022

Laura Timberlake
Director of Federal Programs
Floyd County Schools
600 Riverside Parkway
Rome, GA 30161


Dear Ms. Timberlake:
Thank you for submitting to the U.S. Department of Education (the Department) your request for an
exception to the requirement that Floyd County Schools (FCS) maintain equity in its high-poverty schools
in fiscal year (FY) 2022. Please note that if FCS did not have an aggregate reduction in combined State
and local per-pupil funding in FY2022, FCS has demonstrated an exceptional or uncontrollable
circumstance which renders this request unnecessary, as detailed in Question 32 of Frequently Asked
Questions, American Rescue Plan Elementary and Secondary School Emergency Relief Program,
Maintenance of Equity Requirements, December 29, 2021.
As you know, section 2004(c)(2) of the American Rescue Plan Act 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.

On November 1, 2021, the Department received your request for an exception to the maintenance of
equity requirement for your high-poverty schools in FY 2022 and FY 2023. According to the materials
you provided, you request an exception because FCS is experiencing a multi-year decline in enrollment
that has led to the closure and consolidation of schools in 2022. After reviewing your request, we concur
that these events constitute an exceptional circumstance that prevents FCS from meeting the maintenance
of equity requirement in FY 2022. As a result, FCS is excepted from the local maintenance of equity
requirements in FY 2022. If FCS is unable to maintain equity in its high-poverty schools in FY 2023, we
ask that you follow up with the Department to request an exception when updated data becomes available.

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 Georgia state mailbox at: Georgia.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 Richard Woods
Superintendent of Education
Georgia Department of Education
205 Jessie Hill Jr. Drive, S.E.
Atlanta, GA 30334

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84d88ba0de1962ac925f9a32c89d5dac200a095e7a96323592f8535a35549d94
Our copy
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Original
www.ed.gov
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