Final Requirements-American Rescue Plan Act Elementary and Secondary School Emergency Relief Fund (rule, 87 FR 34790, June 8, 2022)
Summary
Final requirements from the Office of Elementary and Secondary Education, Department of Education, for the American Rescue Plan Act Elementary and Secondary School Emergency Relief Fund (ARP ESSER). They were published in the Federal Register on June 8, 2022 (Vol. 87, No. 110), Docket ID ED–2021–OESE–0116. The Department states that the requirements are intended to promote accountability and transparency by requiring each State educational agency (SEA) to post on its website maintenance of equity information for each applicable local educational agency (LEA). In response to comments, the Department changed the initial reporting deadline to July 8, 2022. The requirements are effective July 8, 2022.
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Cite this document
“Final Requirements-American Rescue Plan Act Elementary and Secondary School Emergency Relief Fund (rule, 87 FR 34790, June 8, 2022).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/final-requirements-american-rescue-plan-act-elementary-and-secondary-s-e7cb81522f/
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34790 Federal Register / Vol. 87, No. 110 / Wednesday, June 8, 2022 / Rules and Regulations
DEPARTMENT OF EDUCATION equity. The final requirements also Changes: The Department changed
clarify the requirement for an SEA to the initial reporting deadline to July 8,
34 CFR Chapter II describe how it is ensuring LEAs are 2022.
[Docket ID ED–2021–OESE–0116] complying with the maintenance of Comment: Several commenters
equity requirements. Additional expressed concern that they might be
Final Requirements—American Rescue technical edits are made to the final unable to gather LEA-level maintenance
Plan Act Elementary and Secondary requirements for clarity. of equity data and post the data on their
School Emergency Relief Fund Public Comment: In response to our SEA website for each LEA in the State
invitation in the NPR, 12 parties that is not excepted from LEA-level
AGENCY: Office of Elementary and maintenance of equity requirements in
Secondary Education, Department of submitted comments on the proposed
requirement. time for the proposed December 31,
Education. 2022, deadline. Commenters specifically
ACTION: Final requirements. Generally, we do not address
technical and other minor changes, or noted that Department guidance on
suggested changes the law does not reporting per-pupil expenditure data on
SUMMARY: The Department of Education
authorize us to make under the Title I, Part A report cards routinely
(Department) announces requirements
applicable statutory authority. In allows SEAs and LEAs to update report
for the American Rescue Plan
addition, we do not address general cards with expenditure information as
Elementary and Secondary School
comments that raised concerns not soon as it becomes available, which is
Emergency Relief (ARP ESSER) Fund,
directly related to the NPR. usually after December of each year and
under the American Rescue Plan Act of
may be as late as the following June.
2021 (ARP Act). These requirements are Analysis of Comments and Changes:
intended to promote accountability and Discussion: We appreciate the
An analysis of the comments and of commenters’ concerns and note that the
transparency by requiring each State changes in the requirements since
educational agency (SEA) to post on its LEA-level maintenance of equity data
publication of the NPR follows. for each LEA in the State that is not
website maintenance of equity
Comment: Some commenters, excepted from LEA-level maintenance
information for each applicable local
including a few States, expressed of equity requirements during fiscal year
educational agency (LEA).
concern that the proposed timeline to 2022, which is the 2021–2022 school
DATES: These requirements are effective publish LEA-level maintenance of year, is due December 31, 2022. The
July 8, 2022. equity data on an SEA’s website Department recognizes that this may not
FOR FURTHER INFORMATION CONTACT: Britt regarding which LEAs are excepted align with per-pupil expenditure data
Jung, U.S. Department of Education, 400 from the maintenance of equity published for Title I, Part A report
Maryland Avenue SW, Room 3W113, requirements does not leave sufficient cards. However, this reporting
Washington, DC 20202. Telephone: time for the SEA to prepare its data for requirement simply allows, but does not
(202) 453–5563. Email: ESSERF@ed.gov. submission. The commenters suggested require, LEAs to use such expenditure
If you use a telecommunications that the proposed March 31, 2022, data for the purpose of demonstrating
device for the deaf (TDD) or a text deadline be extended until June 30, compliance with the maintenance of
telephone (TTY), call the Federal Relay 2022. One commenter suggested altering equity requirements. An LEA may also
Service (FRS), toll free, at 1–800–877– the date of publication of the rely on allocations or budget data to
8339. maintenance of equity data to better determine whether it maintained equity.
Purpose of Program: The ARP ESSER align with the current annual reporting Further, because each SEA collects and
Fund provides nearly $122 billion to timeline for all ARP ESSER funds, finalizes per-pupil expenditure data on
SEAs and LEAs to help them safely which begins in May 2022. In response a different timeline, the Department is
reopen and sustain the safe operation of to comments and discussions with key allowing SEAs to request a reasonable
schools and address the impacts of the stakeholders, we will set the deadline at extension of the December 31, 2022,
COVID–19 pandemic by addressing 30 days from the publication of this reporting deadline depending on State-
students’ academic, social, emotional, Federal Register notice. specific circumstances.
and mental health needs. As a condition Changes: None.
Discussion: The Department believes
of receiving the funds, each SEA and
it is important for SEAs to publicly Comment: Several commenters
LEA must comply with multiple
report information and data on those expressed concern about how staffing
requirements, including the
LEAs that must comply with the decisions within an LEA impact its
maintenance of equity requirements in
maintenance of equity requirements in a ability to maintain equity. For example,
section 2004 of the ARP Act.
timely manner and that SEAs should a commenter noted that hiring new staff
Program Authority: ARP Act, Public Law already have the data requested in order could create a decline in spending, as
117–2, March 11, 2021. to ensure that LEAs are complying with newer staff are typically less expensive
We published a notice of proposed maintenance of equity requirements. At than leaving or retiring staff, even
requirement (NPR) in the Federal the same time, the Department though staff numbers remain the same.
Register on January 3, 2022 (87 FR 57). understands the difficulties SEAs may In this case, the LEA would maintain
The NPR contained background have in accurately reporting data on a staffing equity under section
information and our reasons for condensed timeline. As a result, the 2004(c)(1)(B) of the ARP Act, but not
proposing the requirement. Department has adjusted the timeline to maintain funding equity under section
As discussed in the Analysis of align with the ARP ESSER annual 2004(c)(1)(A) of the ARP Act because
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Comments and Changes section reporting period and to better fit the the new staff salaries cost less.
elsewhere in this notice, there are a few needs of SEAs, while also ensuring Commenters also discussed whether a
differences between the proposed and timely identification so that shift to using contracted supports would
final requirements. The final stakeholders in each State are aware of look like a decline in the number of full-
requirements change the timeline for which LEAs must meet the maintenance time equivalent (FTE) staff while
publishing information on LEAs that are of equity requirements prior to State and actually reflecting an increase in quality
excepted from local maintenance of local allocations in FY 2023. services.
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Federal Register / Vol. 87, No. 110 / Wednesday, June 8, 2022 / Rules and Regulations 34791
Discussion: Under section 2004(c)(1) Changes: The Department clarified the financial resources of the LEA, as
of the ARP Act, an LEA must maintain that paragraph (d) of the final determined by the Secretary of the U.S.
equity two ways: per-pupil funding and requirements applies to reporting data Department of Education.
FTE staffing. The final requirements in paragraphs (c)(1) and (2) but not (c)(3) The Secretary has determined that an
ensure transparency on how LEAs that and (4) of the final requirements. LEA that did not have an aggregate
are not excepted from local maintenance Comment: One commenter noted the reduction in combined State and local
of equity are maintaining equity in both complexity of the maintenance of equity per-pupil funding in FY 2022 compared
ways. When determining how to requirements and suggested revisions to to FY 2021, or in FY 2023 compared to
maintain staffing equity, an LEA must the regulatory scheme to allow for FY 2022, has demonstrated an
include all employees, including those compliance to be met through either exceptional or uncontrollable
hired by contract who perform school- meeting the per-pupil spending circumstances to warrant an exception
level services. Therefore, any shift from requirement in section 2004(c)(1)(A) of from maintaining equity for that fiscal
direct employees to contracted services the ARP Act or the full-time-equivalent year.
should not impact an LEA’s ability to staff requirement in section By narrowing the number of LEAs in
maintain staffing equity but may impact 2004(c)(1)(B) of the ARP Act. the State that must comply with the
whether an LEA maintains fiscal equity. Discussion: Each LEA must local maintenance of equity
Similarly, replacing experienced staff demonstrate that it has maintained requirements, each SEA can then review
with less experienced staff will not equity for each high-poverty school in funding and FTE staffing data within
affect an LEA’s ability to maintain two ways as a condition of receiving the remaining LEAs and provide
staffing equity. It may, however, affect ARP ESSER funds. Under section technical assistance on how an LEA can
the LEA’s ability to maintain fiscal 2004(c) of the ARP Act, for each school ensure compliance for FY 2022 and FY
equity, depending on other fiscal identified by the LEA as a high-poverty 2023. If an LEA does not maintain
considerations in the LEA for the school, the LEA may not, in FY 2022 or equity and cannot make adjustments in
applicable year. For example, consistent FY 2023, (1) reduce per-pupil funding that year, then the LEA may remedy this
with the intent of the maintenance of (from combined State and local funding) violation by making adjustments to
by an amount that exceeds the total funding and FTE staffing in the next
equity requirements, in order to
reduction, if any, in LEA per-pupil year to ensure that high-poverty schools
maintain fiscal equity where an
funding for all schools served by the in the LEA are treated equitably. The
experienced teacher receiving a higher
LEA in such fiscal year; or (2) reduce Department will continue to provide
salary is replaced with a less
the number of FTE staff per-pupil by an technical assistance to States on how to
experienced teacher, the LEA may need
amount that exceeds the total reduction, maintain equity.
to provide additional fiscal resources
if any, in FTE staff per-pupil in all Changes: None.
and supports to meet the needs of Comment: One commenter
students in high-poverty schools. schools served by the LEA in such fiscal
year. The statute does not allow an LEA recommended that the Department
Changes: None. create an optional reporting template for
Comment: Several commenters to comply with only one of the two
requirements. SEAs to use to report the required
asserted that proposed paragraph (d) information in paragraph (a) on
Changes: None.
would allow LEAs to use per-pupil Comment: Several commenters excepted LEAs.
expenditures to demonstrate how an requested further guidance on the Discussion: Each State must publish
LEA is maintaining staffing equity options available to SEAs in designing the names of LEAs that are excepted
under section 2004(c)(1)(B). and implementing their own oversight under each exception category detailed
Commenters noted that the required processes to ensure LEAs comply with in paragraph (a). Each State must
FTE analysis is distinct from reporting the maintenance of equity requirements. determine the most appropriate way to
on student-level spending. These The commenters requested examples of publish and list this information so that
commenters contended that offering allowable processes and parameters on parents, families, and the general public
States this flexibility would be at the how an LEA might remedy any violation in the State will be able to access and
cost of representative data and of the maintenance of equity understand the information. To support
requested further detailed guidance requirements. States with this requirement, the
should we choose to retain this Discussion: The final reporting Department will make available on its
flexibility. requirements are established as a tool website an example of how a State may
Discussion: The benefit of publicly for States to identify and work with publicly post this information, for
posting local maintenance of equity data those LEAs that should be targeted for optional State use.
is to facilitate public accountability so technical assistance to ensure their Change: None.
that parents and families will be able to high-poverty schools are protected from Comment: Several commenters
access publicly available information on any reduction of per-pupil funding by expressed their support for proposed
how each LEA in the State is an amount that exceeds the overall per- paragraph (b) to publish a general
maintaining both fiscal and staffing pupil reduction in the LEA. The ARP description of how the SEA is ensuring
equity. The Department agrees with the Act excepts an LEA from the local that its high-poverty schools are
commenters that the flexibility in maintenance of equity requirements if protected from any reduction of per-
proposed paragraph (d) aligns only with the LEA: pupil funding by an amount that
the maintenance of equity per-pupil • has a total enrollment of less than exceeds the overall per-pupil reduction
funding analysis in section 1,000 students, in the LEA, if any, such that the LEA
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2004(c)(1)(A) of the ARP Act. As a • operates a single school, can make any necessary adjustments in
result, the final requirements clarify that • serves all students within each a timely manner. The commenters
this flexibility applies only to grade span with a single school, or suggested that such description be filed
demonstrating compliance for per-pupil • demonstrates an exceptional or as a supplement to the approved ARP
funding, and not maintaining staffing uncontrollable circumstance, such as ESSER State Plan. However, some
equity under section 2004(c)(1)(B) of the unpredictable changes in student commenters requested that the
ARP Act. enrollment or a precipitous decline in Department reduce the burden of this
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34792 Federal Register / Vol. 87, No. 110 / Wednesday, June 8, 2022 / Rules and Regulations
requirement on SEAs when establishing not always make sense alongside other exception reasons. As a result, the
the final requirements. data sources. Another commenter Department expects an SEA to identify
Discussion: The benefit of publicly similarly requested further guidance on each LEA that fits within each of the
posting the local maintenance of equity this potential use of data and noted that five categories of exceptions listed in
data is to facilitate public accountability it is hard to provide oversight on per- paragraph (a). An SEA may not just list
so that parents, families, and other pupil expenditure data before the end of all LEAs in the State that are excepted
education stakeholders will be able to the school year, when they can no without noting a reason why they are
access publicly available information on longer be adjusted. excepted. If more than one exception
how LEAs are maintaining fiscal and Discussion: The Department applies to an LEA (e.g., the LEA
staffing equity. By requiring SEAs to appreciates the concerns of the operates a single school (paragraph
publish information and data on how commenters and notes that the (a)(1)(i)) and its enrollment is under
LEAs are maintaining equity, the increased flexibility in the use of per- 1,000 (paragraph (a)(1)(ii))), an SEA
Department is providing the public pupil expenditure data is a response to should have a consistent process for
access to this information. The prior public feedback requesting that the categorizing excepted LEAs into at least
Department has determined that the Department provide this flexibility to one of the exceptions listed in
general description in proposed demonstrate compliance with paragraph (a)(1)(i)–(v).
paragraph (b) is necessary to provide maintenance of equity because many Changes: The Department clarified
transparency on efforts the SEA is LEAs do not budget or allocate spending paragraph (a)(1) to indicate that an SEA
making to ensure that those LEAs that at the school level. Given that the must identify a reason each LEA is
did not maintain equity take remedial maintenance of equity requirements excepted from the maintenance of
efforts. As such, the Department has apply to two fiscal years and are not an equity requirements.
clarified this description in the final annual reporting requirement, the Comment: Multiple commenters
requirements. Further, although we Department is hesitant to require all asked whether LEAs may continue to
appreciate the commenters’ suggestion, SEAs and LEAs to change reporting apply to the Department for an
we decline to require that States submit structures and systems for this ARP Act exception to the local maintenance of
this information as an amendment to requirement. As a result, the equity requirements under section
their ARP ESSER State Plan. Department determined that the need 2004(c)(2)(D) of the ARP Act after the
Changes: The Department clarified for flexibility and transparency within SEA’s reporting deadline.
the description in paragraph (b). each LEA and SEA outweighs the need Discussion: In order for each SEA to
Comment: In the preamble to the for consistent data across all LEAs in the accurately report on which LEAs are
proposed requirement, the Department country. excepted from the maintenance of
solicited feedback on whether an SEA In response to the challenge that one equity requirements for FY 2022, all
should be able to publish general commenter identified regarding the LEAs that are able to demonstrate an
information on how LEAs in the State flexibility to use per-pupil expenditure exceptional or uncontrollable
are complying with maintenance of data while also ensuring that circumstance under section
equity rather than the specific proposed adjustments may be made to comply 2004(d)(2)(D) of the ARP Act in FY 2022
requirement. One commenter with the requirement, the Department should do so prior to the updated July
specifically recommended against acknowledges that LEAs using such per- 8, 2022, reporting deadline. LEAs that
allowing SEAs to alternatively publish pupil expenditure flexibility will not did not have an aggregate reduction in
general data for maintaining equity and know whether they maintained equity combined State and local per-pupil
cautioned that it would not allow for a until after the school year ends and, funding in FY 2022 compared to FY
meaningful evaluation of whether the thus, will not be able to remedy a 2021, or in FY 2023 compared to FY
maintenance of equity requirements maintenance of equity violation for that 2022, should submit Appendix B to the
were met by LEAs in the State. This school year. In deciding whether to use SEA. If an LEA did have an aggregate
commenter instead recommended an per-pupil expenditure data, an LEA may reduction in funding, but otherwise is
extended timeline to allow SEAs to review prior-year per-pupil expenditure able to demonstrate an exception or
gather the specific information and data data to inform its approach to uncontrollable circumstance, then an
in the proposed requirement. monitoring and assess the likelihood of LEA should submit an exception for FY
Discussion: The Department a maintenance of equity violation. Also, 2022 to the Department by July 8, 2022
appreciates the feedback that allowing as noted in response to a prior and notify the SEA of the request. For
an SEA to publish general information comment, if an LEA does not maintain FY 2023, LEAs should submit exception
rather than the specific data and equity and cannot make adjustments in requests by the November 1, 2022,
information proposed by the that year, the LEA may make reporting deadline. The Department
Department may result in less adjustments to funding and FTE staffing makes SEAs aware of final
meaningful information to parents, in the next year to ensure that high- determinations in cases when an LEA
families, and stakeholders. As a result, poverty schools in the LEA are treated applies directly to the Department for an
the Department declines to include this equitably. exception. (Note: The requests for
alternative approach in the final Changes: None. exceptions referenced in this response
requirements and instead will require Comment: Multiple commenters are for LEAs that cannot sign Appendix
specific information and data from all requested confirmation that an SEA B at https://oese.ed.gov/files/2021/12/
States. only needs to list excepted LEAs, and Maintenance-of-Equity-updated-FAQs_
Change: None. not provide detail on why they are 12.29.21_Final.pdf. LEAs that can sign
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Comment: One commenter asserted excepted. Appendix B do so and notify their SEA.)
that current per-pupil expenditure data Discussion: Paragraph (a)(1) Changes: None.
are often inconsistent and not always specifically notes that an SEA must Comment: One commenter objected to
useful to parents and advocates and identify each LEA in the State that is the $60,000 cost assumption in the cost-
requested a standardized expenditure excepted from LEA-level maintenance benefit analysis as unrealistic.
reporting framework among LEAs. The of equity requirements under section Discussion: We appreciate the
commenter noted that available data do 2004(c)(2) of the ARP Act for each of the commenter’s concerns and recognize the
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Federal Register / Vol. 87, No. 110 / Wednesday, June 8, 2022 / Rules and Regulations 34793
amount of work required to meet these description of how the SEA will ensure published in a way that is machine-
requirements as a whole. We further that each LEA that is not excepted from readable and accessible, in a location
reviewed our cost- benefit analysis of LEA-level maintenance of equity accessible for parents and families. LEA-
the final requirement and provided requirements is ensuring that its high- and school-level data must be listed by
additional information regarding the poverty schools are protected from any the applicable National Center for
accuracy of the cost assumption in the reduction of per-pupil funding by an Education Statistics (NCES) LEA ID and
Regulatory Impact Analysis section. The amount that exceeds the overall per- school ID, as applicable.
cost-benefit analysis is not intended to pupil reduction in the LEA, if any, such
that the LEA can make any necessary Executive Orders 12866 and 13563
address the cost of compliance with the
entire maintenance of equity adjustments in a timely manner Regulatory Impact Analysis
requirements; rather, the analysis is including information on when the SEA
Under Executive Order 12866, the
intended to reflect the cost of the SEA will determine LEAs are not compliant
Office of Management and Budget
publishing data that already exist. We and the date that the SEA will require
(OMB) must determine whether this
believe that the burden outlined in the non-compliant LEAs to describe what
regulatory action is ‘‘significant’’ and,
rule could be offset with ESSER adjustments the LEA will make to be in
therefore, subject to the requirements of
administrative cost funds under section compliance prior to the start of the next
the Executive order and subject to
2001(f)(4) the ARP Act. school year.
(c) By December 31 following each review by OMB. Section 3(f) of
Changes: None. Executive Order 12866 defines a
Final Requirements: applicable school year (e.g., December
The Department establishes the 31, 2022, for FY 2022, which is the ‘‘significant regulatory action’’ as an
following requirements for this program. 2021–2022 school year) or such other action likely to result in a rule that
We may apply these requirements in date as the Department may approve may—
any year in which this program is in upon request from an SEA due to the (1) Have an annual effect on the
effect. SEA’s specific circumstances, an SEA economy of $100 million or more, or
(a) By July 8, 2022, for FY 2022, must publish the following LEA-level adversely affect a sector of the economy,
which is the 2021–2022 school year, maintenance of equity data on its productivity, competition, jobs, the
and by November 1, 2022, for FY 2023, website for each LEA in the State that environment, public health or safety, or
which is the 2022–2023 school year, a is not excepted from LEA-level State, local, or Tribal governments or
State educational agency (SEA) must maintenance of equity requirements communities in a material way (also
publish the following local educational under paragraph (a)(1): referred to as an ‘‘economically
agency (LEA)-level maintenance of (1) The per-pupil amount of funding significant’’ rule);
equity data on its website: for each high-poverty school in the LEA (2) Create serious inconsistency or
(1) The identity of each LEA in the in FYs 2021, 2022, and 2023, as otherwise interfere with an action taken
State that is excepted from LEA-level applicable for the year for which the or planned by another agency;
maintenance of equity requirements data are published. (3) Materially alter the budgetary
under section 2004(c)(2) of the ARP Act (2) The per-pupil amount of funding impacts of entitlement grants, user fees,
and indicate the reason for exception as in the aggregate for all schools in the or loan programs or the rights and
follows: LEA, on a districtwide basis or by grade obligations of recipients thereof; or
(i) The LEA has a total enrollment of span, in FYs 2021, 2022, and 2023, as (4) Raise novel legal or policy issues
less than 1,000 students. applicable for the year for which the arising out of legal mandates, the
(ii) The LEA operates a single school. data are published. President’s priorities, or the principles
(iii) The LEA serves all students (3) The per-pupil number of full-time- stated in the Executive Order.
within each grade span with a single equivalent (FTE) staff (which may be This final regulatory action is not a
school. indicated as the number of students per significant regulatory action subject to
(iv) The LEA has been granted an FTE staff) for each high-poverty school review by OMB under section 3(f) of
exception by the Department due to an in the LEA in FYs 2021, 2022, and 2023, Executive Order 12866.
exceptional or uncontrollable as applicable for the year for which the We have also reviewed this final
circumstance under section data are published. regulatory action under Executive Order
2004(c)(2)(D) of the ARP Act. (4) The per-pupil number of FTE staff 13563, which supplements and
(v) The LEA has certified to the SEA (which may be indicated as the number explicitly reaffirms the principles,
that it did not have an aggregate of students per FTE staff) in the structures, and definitions governing
reduction in combined State and local aggregate for all schools in the LEA, on regulatory review established in
per-pupil funding, thereby justifying an a districtwide basis or by grade span, in Executive Order 12866. To the extent
exceptional or uncontrollable FYs 2021, 2022, and 2023, as applicable permitted by law, Executive Order
circumstance under section for the year for which the data are 13563 requires that an agency—
2004(c)(2)(D) of the ARP Act, in the published. (1) Propose or adopt regulations only
fiscal year for which the exception (5) Whether the LEA did not maintain on a reasoned determination that their
applies. equity for any high-poverty school in FY benefits justify their costs (recognizing
(2) For each LEA that is not excepted 2022 or 2023, as applicable for the year that some benefits and costs are difficult
from the LEA-level maintenance of for which the data are published. to quantify);
equity requirements under paragraph (d) For the purpose of paragraph (c)(1) (2) Tailor its regulations to impose the
(a)(1), the identity of each ‘‘high and (2), an SEA and its LEAs may rely least burden on society, consistent with
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poverty’’ school, as defined in section on the applicable per-pupil expenditure obtaining regulatory objectives and
2004(d)(4) of the ARP Act, in that LEA. data required to be included on the taking into account—among other things
(b) By July 8, 2022 for FY 2022, which State report card pursuant to section and to the extent practicable—the costs
is the 2021–2022 school year and by 1111(h)(1)(C)(x) of the Elementary and of cumulative regulations;
November 1, 2022 for FY 2023, which Secondary Education Act of 1965. (3) In choosing among alternative
is the 2022–2023 school year, each SEA (e) All data required to be published regulatory approaches, select those
must publish on its website a under paragraphs (a)-(d) must be approaches that maximize net benefits
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34794 Federal Register / Vol. 87, No. 110 / Wednesday, June 8, 2022 / Rules and Regulations
(including potential economic, Potential Costs and Benefits substantial number of small entities.
environmental, public health and safety, The Department has analyzed the The U.S. Small Business Administration
and other advantages; distributive costs and benefits of complying with the Size Standards define ‘‘small entities’’
impacts; and equity); final requirements. Due to the varying as for-profit or nonprofit institutions
capacity and administrative structures with total annual revenue below
(4) To the extent feasible, specify
of affected entities, we cannot estimate, $7,000,000 or, if they are institutions
performance objectives, rather than the
with absolute precision, the likely controlled by small governmental
behavior or manner of compliance a
effects of the final requirements. jurisdictions (that are comprised of
regulated entity must adopt; and
However, as discussed below, we cities, counties, towns, townships,
(5) Identify and assess available estimate that the final requirements will villages, school districts, or special
alternatives to direct regulation, have a net cost of $60,000 over two districts), with a population below
including economic incentives—such as years. 50,000.
user fees or marketable permits—to As an initial matter, the Department This final regulatory action would
encourage the desired behavior, or recognizes that staff at SEAs and LEAs affect only States, none of which is a
provide information that enables the nationwide expend considerable effort small entity for the purpose of this
public to make choices. every year on education finance, both in analysis.
Executive Order 13563 also requires their general supervisory capacity and
Paperwork Reduction Act
an agency ‘‘to use the best available as part of their efforts to comply with
techniques to quantify anticipated the maintenance of equity requirements The final requirements contain
present and future benefits and costs as in the ARP Act. The analysis below is information collection requirements that
accurately as possible.’’ The Office of not an attempt to quantify those efforts. are approved by OMB under OMB
Information and Regulatory Affairs of Rather, this analysis is limited only to control number 1810–0759.
OMB has emphasized that these the incremental cost of complying with Intergovernmental Review: The ARP
techniques may include ‘‘identifying the final requirements (e.g., through ESSER program is not subject to
changing future compliance costs that public reporting). Executive Order 12372 and the
might result from technological We assume that a representative
regulations in 34 CFR part 79.
innovation or anticipated behavioral (management analyst at $53.79 per
hour) from each of the 50 States, the Accessible Format: On request to the
changes.’’ program contact person listed under FOR
District of Columbia, and the
We are issuing these final Commonwealth of Puerto Rico FURTHER INFORMATION CONTACT,
requirements only on a reasoned (hereafter collectively referred to as individuals with disabilities can obtain
determination that their benefits would States) will review the final this document and a copy of the
justify their costs. In choosing among requirements. We assume that such application package in an accessible
alternative regulatory approaches, we review will take, on average, one hour format. The Department will provide the
selected the approach that would per State for a one-time cost of requestor with an accessible format that
maximize net benefits. Based on an approximately $2,800. may include Rich Text Format (RTF) or
analysis of anticipated costs and We assume that, for each State, a text format (txt), a thumb drive, an MP3
benefits, we believe that this final management analyst will spend file, braille, large print, audiotape, or
regulatory action is consistent with the approximately eight hours, on average, compact disc, or other accessible format.
principles in Executive Order 13563. compiling the relevant data and Electronic Access to This Document:
We also have determined that this preparing it for posting. Within this The official version of this document is
final regulatory action does not unduly estimate, we assume a management the document published in the Federal
interfere with State, local, and Tribal analyst would employ any necessary Register. You may access the official
governments in the exercise of their data suppression rules, add NCES edition of the Federal Register and the
governmental functions. identifiers, and make any necessary Federal Regulations at www.govinfo.gov.
formatting changes for posting of the At this site you can view this document,
In accordance with the Executive data. We assume that posting the data as well as all other documents of this
orders, the Department has assessed the online would take a network Department published in the Federal
potential costs and benefits, both administrator ($59.09 per hour) Register, in text or Adobe Portable
quantitative and qualitative, of this final approximately 30 minutes. In total, we Document Format (PDF). To use PDF,
regulatory action. The potential costs assume posting data will cost you must have Adobe Acrobat Reader,
are those resulting from statutory approximately $23,900 per year. which is available free at the site.
requirements and those we have Finally, we assume that You may also access documents of the
determined as necessary for approximately 20 States would need to Department published in the Federal
administering the Department’s update their data after initial posting. Register by using the article search
programs and activities. The benefit of We assume the updates will take a feature at: www.federalregister.gov.
publicly posting the local maintenance management analyst approximately four Specifically, through the advanced
of equity data is to facilitate public hours to complete and will require 30 search feature at this site, you can limit
accountability so that parents and minutes for a network administrator to your search to documents published by
families will be able to access publicly post. In total, we assume posting the Department.
khammond on DSKJM1Z7X2PROD with RULES
available information on how LEAs are corrections will cost approximately
maintaining fiscal and staffing equity. $4,900 per year. Mark Washington,
By requiring SEAs to publish Deputy Assistant Secretary for
information and data on how LEAs are Regulatory Flexibility Act Certification Administration, Office of Elementary and
maintaining equity, the Department is The Secretary certifies that this final Secondary Education.
providing the public access to this regulatory action would not have a [FR Doc. 2022–12296 Filed 6–7–22; 8:45 am]
information. significant economic impact on a BILLING CODE 4000–01–P
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- Size
- 230,914 bytes
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- Our copy
- FR-2022-06-08_2022-12296.pdf
- Original
- www.govinfo.gov