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Grantee Learning Series for COVID-19 Relief Programs: Maintenance of Effort & Maintenance of Equity

Summary

This is a slide presentation titled Grantee Learning Series for COVID-19 Relief Programs: Maintenance of Effort & Maintenance of Equity from the Office of State and Grantee Relations at the U.S. Department of Education. Its stated purpose is for participants to understand the maintenance of effort requirements, the State maintenance of equity requirements, and the local maintenance of equity requirements, with related policy guidance and reporting deadlines. A comparison table says maintenance of effort applies to fiscal years 2020, 2021, 2022 and 2023 with a baseline of the average of 2017, 2018, and 2019, while maintenance of equity applies to 2022 and 2023 and covers the ARP ESSER program. It also says the Secretary can waive the effort requirements but cannot waive the equity requirements.

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Congressional materials
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Department Of Education Presentation Www Ed Gov D516E22D3A
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Department Of Education Presentation Www Ed Gov D516E22D3A

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“Grantee Learning Series for COVID-19 Relief Programs: Maintenance of Effort & Maintenance of Equity.” Original at www.ed.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/department-of-education-presentation-www-ed-gov-d516e22d3a/, SHA-256 1510a9e7e1a44abbafb942a983c46aa6e64d822a78ab7cf6509211ddf7492ad1.

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Grantee Learning Series for
COVID-19 Relief Programs:
Maintenance of Effort &
Maintenance of Equity
The Office of State and Grantee Relations




Laura Jimenez, Director, Office of State and Grantee Relations

          1
   Purpose
    Participants in this meeting will:

    1. Understand the maintenance of effort requirements, related
       policy guidance, and reporting deadlines.

    2. Understand the State maintenance of
       equity requirements, related policy guidance, and reporting
       deadlines.

    3. Understand the local maintenance of equity
       requirements, related policy guidance, and reporting deadlines.
A recording of the presentation and accompanying slides will be made available on
the Department’s State and Grantee Relations announcements webpage.
                                                                    U.S. Department of Education   2
MOE and MOEquity

1. Overview of MOE and MOEquity Requirements
2. Data Reporting Deadlines
3. Q&A




                                               U.S. Department of Education   3
                          Maintenance of Effort                  Maintenance of Equity
Applicable Fiscal Years   2020, 2021, 2022, 2023                 2022, 2023
Baseline Fiscal Years     Average 2017, 2018, and 2019           SEA Requirement
                                                                 •   High-Need LEAs – 2021 and 2022
                                                                 • Highest-Poverty LEAs – 2019
                                                                 LEA Requirement
                                                                 •   2021 and 2022
Responsible Entity        States                                 SEAs and LEAs
Applies To                Funding for all public K-12 schools    Funding for LEAs and schools that serve
                          and Institutions of Higher Education   the largest shares of students from low-
                                                                 income backgrounds
Type of Funding           Total State Funds                      State and Local Per-Pupil Funding,
                                                                 FTE Staff (LEA Requirement Only)
COVID Relief Programs     ESSER, GEER, EANS                      ARP ESSER


Waiver Authority          Secretary can waive requirements to    Secretary cannot waive the requirements,
                          relieve fiscal burdens                 but LEAs can be excepted from LEA
                                                                 requirement U.S. Department of Education 4
Maintenance of Effort
      (MOE)




   5
Maintenance of Effort
CARES Act Requirement
• A State must separately maintain support for elementary and secondary
  education and higher education in FYs 2020 and 2021 at a level equal to
  or greater than the average of State support for elementary and
  secondary education and higher education for FYs 2017, 2018, and 2019.
CRRSA and ARP Act Requirements
• Under the CRRSA Act in FY 2022 and the ARP Act in FY 2022 and FY 2023, a
  State must separately maintain support for both elementary and secondary
  education and higher education at least at the proportional level of support
  for elementary and secondary education and higher education relative to
  overall state spending averaged over FY 2017, FY 2018, and FY
  2019, the baseline years.

States have already submitted final MOE data for FYs 2020, 2021, and 2022 as
well as interim FY 2023 data. Final FY 2023 data will be due March 15, 2024.
                                                      • How much did the State spend on K-12 before the

               CARES Act                                pandemic? (Average of FY17, 18, 19)
                                                      • How much did the State spending on K-12 during
                                                        the pandemic? (FY2020 and FY2021)


                                                CARES Act becomes law
                                                                               Elementary and
                       Average: $150                 March 2020            Secondary Education

               $100       $150         $200      $175          $185


               FY17       FY18         FY19      FY20          FY21     FY22       FY23


                $50        $60         $100       $60           $80
Higher
                       Average: $70
Education

        • How much did the State spend on higher education
          before the pandemic? (Average of FY17, 18, 19)
        • How much did the State spending on higher education
          during the pandemic? (FY2020 and FY2021)
                                                       • What percentage of the State budget was allocated
                                                         for K-12 education before the pandemic? (Average of

                   CRRSA Act                             FY17, 18, 19)
                                                       • What percentage of the State budget was allocated
                                                         for K-12 education during the pandemic? (FY2022)

                                                  CRRSA Act became law
                                                                                  Elementary and
                         Average: 27%                December 2020            Secondary Education

                 18%         27%         36%                              28.5%


                 FY17       FY18         FY19     FY20           FY21     FY22        FY23


                  9%        11%          18%                               12.8%
Higher
                        Average: 12.6%
Education

            • How much did the State spend on higher education
              before the pandemic? (Average of FY17, 18, 19)
            • How much did the State spending on higher education
              during the pandemic? (FY2022)
                                                • What percentage of the State budget was allocated for K-12

                 ARP Act                          education before the pandemic? (Average of FY17, 18, 19)
                                                • What percentage of the State budget was allocated for K-12
                                                  education during the pandemic? (FY2022 and FY2023)


                                                         ARP Act became law
                                                                                     Elementary and
                        Average: 27%                        March 2021           Secondary Education

                 18%        27%         36%                                   28.5%     26.5%


                FY17       FY18         FY19      FY20         FY21           FY22      FY23


                 9%        11%          18%                                   12.8%      13%
Higher
                       Average: 12.6%
Education

            • How much did the State spend on higher education
              before the pandemic? (Average of FY17, 18, 19)
            • How much did the State spending on higher education
              during the pandemic? (FY2022 and FY2023)
Maintenance of Effort

• In reviewing State requests for a waiver of the MOE requirements, we
  noticed that some States compare the proportional levels in FY 2022 or
  FY 2023 and the baseline years using several decimal places.
• We advised States that when comparing the FY 2022 and FY 2023
  proportional levels of support to the baseline years, the State, at its
  discretion, may round the difference to the nearest whole number using
  standard rounding procedures.
• For example, a difference between
  proportions of less than 0.5% could
  be rounded down to 0%, and a
  difference of 0.5% or greater would
  be rounded up to 1%.
Maintenance of Effort

Waiver Requests
• The Secretary can waive the MOE requirement to relieve a fiscal burden a
  State endured as a result of the COVID-19 pandemic.
• The information regarding MOE waiver submission materials is available in
  the MOE FAQs
• The Department has received 22 maintenance of effort waiver requests:
   • 13 requests were withdrawn by the State after receiving technical
      assistance from the Department
   • 4 requests were approved
       • CNMI (FYs 2020, 2021 – K-12 and higher education)
       • NH, NY, WV (FY 2022 – K-12)
   • 7 requests are pending
Maintenance of Equity
    (MOEquity)




  12
Maintenance of Equity
• Maintenance of Equity (MOEquity) requirements were enacted for the first time
  in the American Rescue Plan (ARP) Act.
• MOEquity is a two-part requirement, one that applies to State educational
  agencies (SEAs) and another for local educational agencies (LEAs), in fiscal years
  (FY) 2022 and 2023 (i.e., school years 2021-2022 and 2022-2023).

SEA-Level Requirements
• These requirements safeguard school districts that serve a large share of
  students from low-income backgrounds (high-need LEAs) against experiencing a
  disproportionate reduction in per-pupil funding in FYs 2022 and 2023.
• These requirements also ensure that school districts serving the largest shares of
  students from low-income backgrounds (highest-poverty LEAs) do not receive a
  decrease in State per-pupil funding below their FY 2019 level.
• The Secretary has no maintenance of equity waiver authority and there are no
  exceptions to this requirement.
                                                               U.S. Department of Education   1
                                                                                              3
           How does an SEA identify high-need and high-poverty
           LEAs?
       •   A “high-need LEA” has the highest percentages of economically disadvantaged students in the and collectively serves not less than 50
           percent of the State’s total enrollment of students served by all LEAs in the State.
       •   A highest-poverty LEA has the highest percentages of economically disadvantaged students in the and collectively serves not less than
           20 percent of the State’s total enrollment of students served by all LEAs in the State.

LEA Name                      Enrollment         % of economically                   High-Need or Highest-Poverty?
                              Total: 250         disadvantaged students
Ella Fitzgerald ISD                  25          90%                                  Highest-Poverty
                                                                                      High-Need
                                                                                                                In this example, 50% of
Billie Holiday ISD                   25          87%                                  Highest-Poverty
                                                                                      High-Need                 total enrollment (250)
Nina Simone ISD                      10          82%                                  High-Need                 is 125, so 4 high-need
Anita Baker ISD                      40          80%                                  High-Need                 LEAs (100 students) is
                                                                                                                rounded up to 5.
Norah Jones ISD                      40          74%                                  High-Need
Sarah Vaughan ISD                    10          72%
Diana Krall ISD                      20          70%
Dinah Washington ISD                 20          68%
Etta James ISD                       45          65%
Eliane Elias ISD                     15          62%
                                                                                                                                            1
                                                                                                                                            4
           Maintenance of Equity
           SEAs Maintaining Equity in High-Need LEAs

Under section 2004(d)(3) of the ARP Act,
a “high-need LEA” is one that has the
highest percentages of economically
disadvantaged students in the State on
the basis of the most recent satisfactory
data available from the U.S. Department
of Commerce (i.e., Small Area Income
and Poverty Estimates (SAIPE) data
provided by the U.S. Census Bureau);
and collectively serve not less than 50
percent of the State’s total enrollment of
students served by all LEAs in the State.

           Source: Frequently Asked Questions, ARP Elementary and Secondary School Emergency Relief (ESSER)
           Program Maintenance of Equity Requirements                                   U.S. Department of Education   1
                                                                                                                       5
     Maintenance of Equity
     SEAs Maintaining Equity in Highest-Poverty LEAs

Under section 2004(d)(2) of the
ARP Act, a “highest-poverty LEA
is one that has the highest
percentages of economically
disadvantaged students in the
State on the basis of the most
recent SAIPE data and
collectively serve not less than
20 percent of the State’s total
enrollment of students served
by all LEAs in the State.


     Source: Frequently Asked Questions, ARP Elementary and Secondary School Emergency Relief (ESSER)
     Program Maintenance of Equity Requirements                                   U.S. Department of Education   1
                                                                                                                 6
          Maintenance of Equity
          SEA-Level Reporting Requirements
1. A list of the State’s high-need LEAs including NCES LEA/district ID;
2. The statewide per-pupil amount of State funds provided to all LEAs in the State in FYs 2021,
   2022, 2023
3. The per-pupil amount of State funds provided to each high-need LEA in the State in FYs 2021,
   2022, 2023
4. A list of the State’s highest-poverty LEAs including NCES LEA/district ID;
5. The per-pupil amount of State funding provided for each highest-poverty LEA in FY 2019,
   2022, 2023
6. A list of the high-poverty schools in each LEA in the State (including the NCES school ID) for
   which it must maintain equity in FYs 2022 and 2023


                                                                         U.S. Department of Education   1
                                                                                                        7
  Maintenance of Equity
                          SEA-Level Reporting Deadlines
July 30, 2021 – SEAs were required to report interim FY 2022 data with extensions offered to October 15



July 15, 2022 – SEAs report final FY 2022 data on Annual Performance Report



July 30, 2022 – SEAs report interim FY23 data with extensions offered to October 15



March 15, 2023 – Deadline to submit small LEA tolerance proposals for FY 2022



July 31, 2023 – SEAs submit final FY 2023 data to SGR directly
                                                                                      U.S. Department of Education   1
                                                                                                                     8
LEA-Level Maintenance of Equity Requirements
• Under section 2004(c) of the American Rescue Act, LEAs must maintain equity for
  high-poverty schools by ensuring:
     • There is no disproportionate reduction in combined State and local per-pupil
       funding compared to all schools served by the LEA in that fiscal year
     • There is no disproportionate reduction in the number of FTE staff per-pupil
       compared to all schools served by the LEA in that fiscal year
• These requirements apply to fiscal years (FY) 2022 and 2023 (i.e., 2021-2022 and
  2022-2023 school years).
• LEAs may choose to evaluate whether they have maintained fiscal and staffing
  equity by grade span or in the LEA as a whole.
• A “high-poverty school” is a school in the highest quartile of schools served by the
  LEA based on the percentage of economically disadvantaged students in the
  school. An LEA may determine its high-poverty schools on a districtwide basis or by
  grade span. See FAQ 25                                                               1
                                                                 U.S. Department of Education
                                                                                                9
     How does an LEA identify high-poverty schools across
     the LEA as a whole?

    • A “high-poverty school” is a school in the highest quartile of schools served by the LEA based on the
      percentage of economically disadvantaged students in the school.


Step 1: Rank each school in the
LEA by its percentage of
economically disadvantaged
students


Step 2: Divide the total number
of schools in the LEA by 4 to
determine the number of
schools in the highest quartile. If
the result is not a whole number,
round up.
                                           In this example, 9 schools divided by 4 equals 2.25
                                           schools, so 2.25 is rounded up to 3 schools.                       2
                                                                                                              0
     How does an LEA identify high-poverty schools using
     the grade span method?

    • A “high-poverty school” is a school in the highest quartile of schools served by the LEA based on the
      percentage of economically disadvantaged students in the school.

Step 1: Rank each school in each
grade span by its percentage of
economically disadvantaged
students.

Step 2: Divide the total number
of schools in the LEA by 4 to
determine the number of
schools in the highest quartile. If
the result is not a whole number,
round up.
Step 3: Select the highest-poverty
school in each grade span.                     Just like before, 9 schools divided by 4 equals 2.25
                                               schools, so 2.25 is rounded up to 3 schools.
                                                                                                              2
                                                                                                              1
LEA-Level Maintenance of Equity Exceptions
• The ARP Act excepts an LEA from the local maintenance of equity requirements if
  the LEA:
     • Has a total enrollment of less than 1,000 students
     • Operates a single school
     • Serves all students within each grade span with a single school
     • 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 of the U.S.
       Department of Education
• The Secretary has determined that an LEA that did not have an aggregate reduction
  in combined State and local per-pupil funding in FY 2022 compared to FY 2021, or
  in FY 2023 compared to FY 2022, has demonstrated an exceptional or
  uncontrollable circumstance to warrant an exception from maintaining equity for
  that fiscal year.                                                U.S. Department of Education 2
                                                                                                2
Submitting a request for an “Exceptional or
Uncontrollable Circumstance” to the Department

• If an LEA believes it qualifies for an exception due to an exceptional or
  uncontrollable circumstance, the LEA must submit a written request for
  exception to the Department via the State’s mailbox (i.e.,
  alabama.oese@ed.gov) and copy the appropriate SEA official for awareness.
• The request should provide detailed information on the exceptional or
  uncontrollable circumstance, including how it prevents the LEA from maintaining
  equity in its high-poverty schools.
• The Department has approved four FY 2022 LEA exception requests, which are
  publicly available here.



                                                                                             2
                                                                                             4
                                                              U.S. Department of Education
Additional LEA-Level Maintenance of Equity
Exceptions
• An LEA may also be excepted from local maintenance of equity
  requirements for the 2021-2022 and 2022-2023 school years if the LEA
  is not facing overall budget reductions. See FAQ 32
• If an LEA did not have an aggregate reduction in combined State and
  local per-pupil funding in FY 2022 or FY 2023, then the Department has
  determined that the LEA has demonstrated an “exceptional or
  uncontrollable circumstance.”
• To be excepted, the LEA must complete the Certification of Exception of
  Local Maintenance of Equity Requirements in Appendix B of the
  updated FAQs and submit the certification to its SEA.

• The LEA does not need to submit this form to the Department.
                                                              U.S. Department of Education   2
                                                                                             5
Demonstrating LEA-Level Maintenance of Equity

• For the purpose of demonstrating compliance with the maintenance of equity
    requirements, an LEA may use:
     • allocations or budget data, or
     • per-pupil expenditure data from Title I, Part A report cards
• In deciding whether or not to use per-pupil expenditure data, an LEA may review
  prior-year per-pupil expenditure data to inform its approach to monitoring and
  assess the likelihood of a maintenance of equity violation.
• The Department acknowledges that LEAs using per-pupil expenditures will not
  know whether they maintained equity until after the school year ends and, thus,
  will not be able to remedy a maintenance of equity violation for that school year.
• If an LEA does not maintain equity and cannot make adjustments in that year, the
  LEA may make adjustments to funding and FTE staffing in the next year to ensure
  that high-poverty schools in the LEA are treated equitably.
                                                                 U.S. Department of Education   26
 Requirements for Publishing LEA-Level
 Maintenance of Equity Data
• On June 8, 2022, the Department published a Notice of Final Requirements in the
  Federal Register that outlined the following requirements for SEAs to publish, on
  an SEA’s website, LEA-level maintenance of equity data for FYs 2022 and 2023:

July 8, 2022 – SEAs publish LEA exceptions, identify high-poverty schools for FY 2022, and describe
how the SEA will ensure that each LEA that is not excepted from the LEA-level maintenance of
equity requirements is maintaining equity in its high-poverty schools.


November 1, 2022 – SEAs publish LEA exceptions and identify high-poverty schools for FY 2023


December 31, 2022 – SEAs publish applicable LEA high-poverty school data for FY 2022


December 31, 2023 – SEAs publish applicable LEA high-poverty school data for FY 2023

                                                                             U.S. Department of Education   2
                                                                                                            7
Maintenance of Equity
Announcements and Resources

• A list of deadlines related to MOEquity and other grants managed by
  the Office of State and Grantee Relations is available here

• The Department’s maintenance of equity webpage is available here

• Maintenance of Equity FAQs

• More information regarding the local maintenance of equity exception
  process can be found here




                                                           U.S. Department of Education   28
QUESTIONS



            29
     Thank You


30


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