United States Department of Education to Jamie Kinnarney — White River Valley Supervisory Union (December 8, 2022)
Summary
Letter dated December 8, 2022 from Laura Jimenez, Director, Office of State and Grantee Relations, U.S. Department of Education, to Jamie Kinnarney, Superintendent of Schools, White River Valley Supervisory Union, responding to a request for an exception to local maintenance of equity requirements under the American Rescue Plan Act of 2021 for fiscal year 2022. The letter says the Department received an amended request on September 26, 2022 citing enrollment changes at Rochester Elementary School and Stockbridge Central School, whose enrollment fell in FY 2021 and rose in FY 2022 while fixed costs stayed constant. The Department concurs that the small size and volatility of enrollment is an exceptional or uncontrollable circumstance and states the Supervisory Union is excepted for FY 2022.
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“United States Department of Education to Jamie Kinnarney — White River Valley Supervisory Union (December 8, 2022).”
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UNITED STATES DEPARTMENT OF EDUCATION
OFFICE OF ELEMENTARY AND SECONDARY EDUCATION
December 8, 2022
Jamie Kinnarney
Superintendent of Schools
White River Valley Supervisory Union
461 Waterman Road
Royalton, VT 05068
Dear Mr. Kinnarney,
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 White River Valley Supervisory Union (WRVSU). Your request is in reference
to per-pupil funding in two high-poverty schools within WRVSU 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, Rochester Elementary School and
Stockbridge Central 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 Rochester Elementary School, enrollment
increased from 83 in the 2020-2021 school year to 98 students in the 2021-2022 school year. At
Stockbridge Central School, enrollment increased from 32 in the 2020-2021 school year to 38
students in the 2021-2022 school year. Rochester Elementary School and Stockbridge Central
School 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
Rochester Elementary School and Stockbridge Central School constitutes an exceptional or
uncontrollable circumstance that prevents WRVSU 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, WRVSU 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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