Request for Information Regarding the Implementation of Maintenance of Equity Provisions

Summary

Pre-publication Federal Register document, Docket ED-2021-OESE-0115, titled Request for Information Regarding the Implementation of Maintenance of Equity Provisions in the American Rescue Plan Act of 2021, from the Office of Elementary and Secondary Education, U.S. Department of Education. The Department requests written comments on implementation of the requirement that each state educational agency and local educational agency receiving ARP ESSER funds maintain equity, and says the information may be used for guidance, technical assistance, potential rulemaking and other resources. Comments are due 30 days after publication, with the publication date left as a placeholder. The background says the ARP Act provides nearly $122 billion via the ARP ESSER Fund. It states this is a request for information only and not a request for proposals.

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4000-01-U

DEPARTMENT OF EDUCATION

ED-2021-OESE-0115

Request for Information Regarding the Implementation of

Maintenance of Equity Provisions in the American Rescue

Plan Act of 2021

AGENCY:    Office of Elementary and Secondary Education, U.S.

Department of Education.

ACTION:    Request for information.

SUMMARY:    The U.S. Department of Education (Department) is

requesting information in the form of written comments

regarding implementation of the statutory requirements for

the American Rescue Plan Elementary and Secondary School

Emergency Relief (ARP ESSER) Fund, under the American

Rescue Plan (ARP) Act of 2021, that each State educational

agency (SEA) and each local educational agency (LEA) that

receives ARP ESSER funds maintain equity.     Information

received through this request may be used to assist the

Department in preparing further guidance, providing




                                1
technical assistance, engaging in potential rulemaking, and

developing other resources.

DATES:   We must receive your comments on or before [INSERT

DATE 30 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL

REGISTER].

ADDRESSES:   Submit your response to this request for

information (RFI) through the Federal eRulemaking Portal or

via postal mail, commercial delivery, or hand delivery.    We

will not accept comments submitted by fax or by email or

those submitted after the comment period.   To ensure that

we do not receive duplicate copies, please submit your

comments only once.   In addition, please include the Docket

ID at the top of your comments.

     Federal eRulemaking Portal:   Go to www.regulations.gov

to submit your comments electronically.   Information on

using Regulations.gov, including instructions for accessing

agency documents, submitting comments, and viewing the

docket, is available on the site under “FAQ.”

     Postal Mail, Commercial Delivery, or Hand Delivery:

If you mail or deliver your comments in response to the

request for information, address them to U.S. Department of

Education, 400 Maryland Avenue, SW, Room 3W113, Washington,

DC 20202. Mailed comments must be postmarked by [INSERT



                              2
DATE 30 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL

REGISTER], to be accepted.

Privacy Note:     The Department’s policy is to make all

comments received from members of the public available for

public viewing in their entirety on the Federal eRulemaking

Portal at www.regulations.gov.         Therefore, commenters

should be careful to include in their comments only

information that they wish to make publicly available.

        This is a request for information only.      This RFI is

not a request for proposals (RFP) or a promise to issue an

RFP or a notice inviting applications.         This RFI does not

commit the Department to contract for any supply or service

whatsoever. Further, we are not seeking proposals and will

not accept unsolicited proposals.         The Department will not

pay for any information or administrative costs that you

may incur in responding to this RFI.         The documents and

information submitted in response to this RFI become the

property of the U.S. Government and will not be returned.

FOR FURTHER INFORMATION CONTACT:         Britt Jung, U.S.

Department of Education, 400 Maryland Avenue, SW,

Washington, DC 20202.     Telephone: (202) 453-

5563.    Email:   ESSERF@ed.gov.




                                   3
     If you use a telecommunications device for the deaf

(TDD) or a text telephone (TTY), call the Federal Relay

Service (FRS), toll-free, at 1-800-877-8339.

SUPPLEMENTARY INFORMATION:

Background:   The ARP Act provides a total of nearly $122

billion via the ARP ESSER Fund to SEAs and LEAs to help

schools return safely to in-person instruction; sustain the

safe operation of schools; and address the social,

emotional, mental health, and academic impacts of the

COVID-19 pandemic on the Nation’s students.

     Section 2004 of the ARP Act includes maintenance of

equity (MOEquity) provisions that are a condition for an

SEA and LEA to receive funds under the ARP ESSER Fund.

Under section 2004(b) of the ARP Act, the MOEquity

provisions ensure that an SEA does not disproportionately

reduce State funding in fiscal years (FYs) 2022 and 2023

for LEAs serving a large share of students from low-income

families and, for the highest-poverty LEAs, does not

decrease State funding below their FY 2019 level.

Similarly, under section 2004(c) of the ARP Act, the

MOEquity provisions ensure that each LEA safeguards its

high-poverty schools from disproportionate reductions to

funding and staffing.



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      On June 9, 2021, the Department published Frequently

Asked Questions on the MOEquity requirements (which the

Department updated on August 6, 2021), 1 providing detailed

guidance on how each SEA and LEA can comply with the

MOEquity provisions.

      Since issuing the guidance, the Department has

continued to engage with a wide array of stakeholders to

understand the opportunities and challenges related to

MOEquity implementation within the context of the

coronavirus disease 2019 (COVID-19) pandemic.           The

Department is eager to learn from the experiences and

perspectives of SEAs, LEAs, and other stakeholders. We are,

therefore, issuing this RFI to invite public comment on a

range of MOEquity implementation questions.           At the same

time, the Department is publishing a Notice of Proposed

Requirements (NPR) that would require each SEA to make

publicly available information on how each LEA in the State

is maintaining fiscal and staffing equity to ensure public

transparency and accountability for the implementation of

the MOEquity provisions.




1 See https://oese.ed.gov/files/2021/08/Maintenance-of-Equity-updated-

FAQs_final_08.06.2021.pdf. (Maintenance of Equity Frequently Asked
Questions)



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Invitation to Comment:   The Department is committed to

supporting SEAs and LEAs in implementing the ARP Act

MOEquity provisions with fidelity to the law.    The

Department recognizes that each State’s education finance

system is unique and that additional guidance may be needed

regarding how to apply the MOEquity requirements with

fidelity in the context of specific and varied State

circumstances.

     To help inform its support for SEAs and LEAs in

implementing the MOEquity provisions, the Department is

seeking input from the public.    The Department is

interested in responses to the specific questions below, as

well as additional information and perspectives on MOEquity

implementation.   Because this RFI is intended to inform

further guidance and any potential rulemaking, the

Department does not anticipate responding to each comment

received.   When responding to this RFI, please address one

or more of the following questions:

  1. The Department is aware that each State’s K-12

     education funding system is unique and that State-

     specific considerations may impact how an SEA

     implements MOEquity requirements in a manner that is

     both meaningful and meets the technical requirements

     of the ARP Act.   What types of State-specific

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  considerations (e.g., funding mechanisms, definitions

  of revenue sources, etc.) are relevant to the

  implementation of the State and local MOEquity

  provisions?   What types of barriers exist to

  implementing the MOEquity provisions due to the State-

  specific approach to education funding?       How might

  guidance or potential rulemaking account for unique

  State education finance systems so that State MOEquity

  implementation will be consistent with the goal of

  maintaining equity?

2. The Department recognizes that LEAs with small

  enrollments may exhibit greater annual variation in

  per-pupil funding and other calculations based

  primarily on their size.       How might this issue be

  addressed to ensure the small size of an LEA does not

  render year-over-year comparisons unreliable, so that

  State MOEquity implementation will be consistent with

  the goal of maintaining equity?

3. MOEquity requires comparisons of “per-pupil funding.”

  Please identify any considerations that are relevant

  to implementation related to enrollment data and

  funding sources used in determining per-pupil funding.

  Are there safeguards that should be considered to

  ensure that State-specific enrollment methodologies do

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  not distort per-pupil funding levels (e.g., the use of

  hold harmless provisions or rolling averages)?   Since

  MOEquity calculations are important to inform budget

  allocation decisions, what data are SEAs and LEAs most

  likely to have available and rely on for conducting

  initial MOEquity calculations?

4. LEAs may be exempted from MOEquity requirements per

  the ARP Act based on “exceptional or uncontrollable

  circumstance[s].”   What factors should the Department

  be aware of related to the types of exceptional or

  uncontrollable circumstances, both specific to FY 2022

  implementation and, more generally, to ensure that

  such exceptions do not contradict the intent of the

  law and are consistent with the goal of maintaining

  equity?

5. The purpose of the MOEquity provisions is to ensure

  that schools and LEAs serving large proportions of

  underserved groups of students--including students

  from low-income families, students of color, English

  learners, students with disabilities, and students

  experiencing homelessness--receive an equitable share

  of State and local funds as the Nation continues to

  respond to the COVID-19 pandemic’s impact.   In light

  of this purpose, what other information or related

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     issues should the Department consider to ensure that

     the purpose of the MOEquity provisions are achieved?

Accessible Format:   On request to the program contact

person listed under FOR FURTHER INFORMATION CONTACT,

individuals with disabilities can obtain this document in

an accessible format.   The Department will provide the

requestor with an accessible format that may include Rich

Text Format (RTF) or text format (txt), a thumb drive, an

MP3 file, braille, large print, audiotape, or compact disc,

or other accessible format.

Electronic Access to This Document:   The official version

of this document is the document published in the Federal

Register.   You may access the official edition of the

Federal Register and the Code of Federal Regulations at

www.govinfo.gov.   At this site you can view this document,

as well as all other documents of the Department published

in the Federal Register, in text or Portable Document

Format (PDF).   To use PDF, you must have Adobe Acrobat

Reader, which is available free at the site.

     You may also access documents of the Department

published in the Federal Register by using the article

search feature at www.federalregister.gov.   Specifically,

through the advanced search feature at this site, you can

limit your search to documents published by the Department.

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Dated:

         __________________________

         Ian Rosenblum,
         Deputy Assistant Secretary for
         Policy and Programs
         Delegated the Authority to Perform
         the Functions and Duties of the
         Assistant Secretary for Elementary
         and Secondary Education.




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