Exception to Local Maintenance of Equity — Kingdom East School District (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 Jennifer Botzojorns, Superintendent of Schools at Kingdom East School District. It responds to the district'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, Miller's Run School and one other. Enrollment at the two schools rose from 95 to 114 students and from 63 to 78 students, while per-pupil funding still fell because fixed costs stayed constant. The Department grants the exception for fiscal year 2022.

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Issuer: Congressional materials
Document type: Department Of Education Pdf Www Ed Gov D5C4Dc588E
Case: Department Of Education Pdf Www Ed Gov D5C4Dc588E

Cite this document

“Exception to Local Maintenance of Equity — Kingdom East School District (December 8, 2022).” Original at www.ed.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/department-of-education-pdf-www-ed-gov-d5c4dc588e/, SHA-256 b15e3d848d6d0d63f99811a189b05dea340625d54362245eee445dd9d09e4644.

Full text

                           UNITED STATES DEPARTMENT OF EDUCATION
                                OFFICE OF ELEMENTARY AND SECONDARY EDUCATION




                                                 December 8, 2022

Jennifer Botzojorns
Superintendent of Schools
Kingdom East School District
PO Box 129, 64 Campus Lane
Lydon Center, VT 05850

Dear Ms. Botzojorns,

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 Kingdom East School District (KESD). Your request is in reference to per-pupil
funding in two high-poverty schools within the KESD for fiscal year (FY) 2022.

Section 2004(c)(2) of the ARP 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 particularly high cost services. 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, Miller’s Run School and Newark Street
School. According to the materials you provided, these high-poverty schools had reductions in
enrollment in FY 2021 but saw subsequent enrollment increases in FY 2022. At Miller’s Run
School, enrollment increased from 95 in the 2020-2021 school year to 114 students in the 2021-
2022 school year. At Newark Street School, enrollment increased from 63 in the 2020-2021
school year to 78 students in the 2021-2022 school year. Even though KESD increased funding
to meet the needs of the growing student population, Miller’s Run School and Newark Street
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
Miller’s Run School and Newark Street School constitute an exceptional or uncontrollable
circumstance that prevents KESD from meeting the maintenance of equity requirement in
FY 2022. As a result, KESD 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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