documents in the last year, 890 See https://www2.ed.gov/​about/​inits/​ed/​non-public-education/​regulation-map/​index.html.

), the Office of Information and Regulatory Affairs designated this rule as a “major rule,” as defined by 5 U.S.C. The CARES Act authorizes new Federal education programs to “prevent, prepare for, and respond to” COVID-19. Section 76.665 is added to read as follows: (a) In general. The guidance says the state educational agency ombudsman responsible for monitoring ESEA equitable services is also responsible for monitoring CARES Act equitable services.

An LEA must provide services directly or contract for the provision of … The new guidance document reasons that because CARES Act funds are available to serve all public school students and teachers, equitable services should be provided to all private school students and teachers. Reasons: It is necessary to include the statutory requirement that an LEA provide equitable services “in the same manner” as provided under section 1117 of the ESEA to students and teachers in non-public schools to provide context and authorization for the remaining provisions. (1) Have an annual effect on the economy of $100 million or more, or adversely affect a sector of the economy; productivity; competition; jobs; the environment; public health or safety; or State, local, or Tribal governments or communities in a material way (also referred to as “economically significant” regulations); (2) Create serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) Materially alter the budgetary impacts of entitlement grants, user fees, or loan programs or the rights and obligations of recipients thereof; or.

For the majority of these LEAs, enrollment data should already be available for non-public schools that participate in equitable services under ESEA programs other than Title I. Let me just conclude with the list of possible uses of funds from Section 18003. The public school district will provide the services and benefits directly or through a third party. 1503 & 1507. The California license number is 7083. An LEA must—, (2) Keep title to and exercise continuing administrative control of all materials, equipment, and property purchased with CARES Act funds; and.

Under Executive Order 12866, the Office of Management and Budget (OMB) must determine whether this regulatory action is “significant” and, therefore, subject to the requirements of the Executive order and subject to review by OMB.

The Department believes such non-public schools have ample resources to serve their students and teachers during the COVID-19 national emergency and should not rely on taxpayer funds to do so. Eligibility for services: An LEA must offer to provide equitable services under the CARES Act programs to students and teachers in all nonpublic schools located in the LEA, even if a nonpublic school has not previously participated under Title I, Part A or Title VIII of the ESEA. documents in the last year, 62 Whichever path an LEA chooses, it achieves the equity required under section 1117(a)(3) of the ESEA—that is, educational services and other benefits for students in non-public schools must be equitable in comparison to those for public school students. 6. For complete information about, and access to, our official publications However, the provisions in section 1117 relating to the “manner” in which services are delivered, e.g., section 1117(a)(2), (3), and (b)(1)(A)-(D), (F)-(I), and (K), arguably do fit within and can be applied under the CARES Act. Congressional Oversight Commission has reporting requirements to Congress with regard to the impacts the loans and loan guarantees are having on the financial well-being of the country’s people, economy, financial markets, and financial institutions. In this Issue, Documents

Several agencies received various levels of funding to provide support in combating coronavirus. For FY 2020, any new incremental costs associated with a new regulation must be fully offset by the elimination of existing costs through deregulatory actions. (2) An LEA must determine the proportional share of funds available for services for students and teachers in non-public elementary and secondary schools based on the total amount of CARES Act funds received by the LEA under a CARES Act program prior to any allowable expenditures or transfers by the LEA. While every effort has been made to ensure that If the CARES Act does not limit services based on residence and Start Printed Page 39483poverty, then it stands to reason that an LEA should not use residence and poverty to determine the proportional share of available funds for equitable services to non-public school students. the current document as it appeared on Public Inspection on endstream endobj startxref Finally, a mechanistic application of section 1117 detached from the relevant CARES Act text would disadvantage some students based simply on where they live. In this context, only the use of enrollment data ensures that sufficient CARES Act funds are reserved to provide services to non-public school students and teachers that are equitable in comparison to their public school counterparts. For example, the Federal Emergency Management Agency received $45 billion for its disaster relief fund. (2) The measure an LEA uses to determine the proportional share under paragraph (c)(1) of this section does not limit the obligation of the LEA to provide the opportunity to receive services to students and teachers in any non-public elementary or secondary school in the LEA.

h�b```�,,�@(�����J";��4�4xt����gߩx��)�`��r��ى����b�>ٰ��l�V���;ģz�!����ܬ�5>@�>a騵͜��U��*���������a1���.�֫�4θ:�n��-Y{[8���Q���A�:�@ Obligating funds: An LEA must obligate CARES Act funds for equitable services in the fiscal years for which those funds are intended for services to address the impact of COVID-19. 0 1901 0 obj <> endobj 6320, 6321(b); section 18005 of the CARES Act). 11/06/2020, 193 Division of Student Services The CARES Act: Education Stabilization Fund The federal Coronavirus Aid, Relief, and Economic Security (CARES) Act includes specific funding sources for New Jersey school districts. New Regulations: Section 76.665(a)(1) incorporates the statute. 1911 0 obj <>/Filter/FlateDecode/ID[<0F882840E31F1F4BBCEA3F3D1074CB23>]/Index[1901 18]/Info 1900 0 R/Length 73/Prev 462263/Root 1902 0 R/Size 1919/Type/XRef/W[1 3 1]>>stream 553), the Department generally offers interested parties the opportunity to comment on a proposed rule. endstream endobj startxref The Department has assessed the potential costs and benefits, both quantitative and qualitative, of this regulatory action, and we are issuing this interim final rule only on a reasoned determination that its benefits justify its costs. The measures are also reasonable from the standpoint of administrative efficiency, minimizing LEA and parent burden, and carrying out the CARES Act's mandate to provide funds in response to the COVID-19 pandemic promptly and to do so in a way providing for equitable treatment of all students and teachers. As discussed elsewhere in this preamble, in light of the current national emergency and the importance of ensuring that LEAs provide services immediately under the CARES Act to students and teachers in schools—both public and non-public—consistent with the requirements of law, the normal rulemaking process would be impracticable and contrary to the public interest. Whether all of these options will be available under equitable services is another topic that needs a decision from the U.S. Department of Education. At $35 per hour for LEA staff, the average cost is an estimated $8,400 Start Printed Page 39486per LEA. Therefore, commenters should be careful to include in their comments only information that they wish to make publicly available. of Treasury, 489 U.S. 803, 809 (1989). Statute: Section 18005(a) of the CARES Act requires an LEA to provide equitable services “as determined in consultation with representatives of non-public schools.”Start Printed Page 39482.

Providing Equitable Services to Students and Teachers in Non-Public Schools Under the CARES Act Programs, 120 LRP 13990 (EDU 04/30/20), provides answers to questions about implementation of the requirement in Section 18005 of the CARES Act, which specifies that local educational agencies that receive funds under either the $2.95 billion Governor’s Emergency Education Relief Fund and the $13.23 billion Elementary … The LEA makes this determination under GEER and ESSER separately. A Rule by the Education Department on 07/01/2020. include documents scheduled for later issues, at the request DOL must certify to the Treasury for payment certain sums payable to each state. (f) Public control of funds. Reasons: Section 76.665(f) emphasizes the importance of the statutory requirements that control of CARES Act funds and title to materials, equipment, and property for equitable services to students and teachers in non-public schools be in a public agency and that the LEA or public agency continuously administers the funds, materials, equipment, and property. The LEA need not use the same measure for each CARES Act program.

We estimate that 12.5 percent of affected LEAs will implement this alternative by obtaining poverty counts and that it will take an LEA on average 240 hours to obtain those counts. Resolving Ambiguity in Section 18005(a), Waiver of Proposed Rulemaking and Delayed Effective Date, 1. As discussed elsewhere in this document, LEAs may also implement this poverty alternative using a proportionality method, wherein the LEA applies the average poverty rate of its Title I schools to the enrollment in non-public schools that will participate in a CARES Act program to generate poverty estimates for those schools.

Under this alternative, an LEA may choose to obtain poverty counts for students in non-public schools that wish to participate. %PDF-1.7 %���� (e) Secular, neutral, and nonideological. The CARES Act includes oversight provisions aimed at preventing and detecting fraud, waste, abuse, and mismanagement. Moreover, in light of clear evidence that a significant number of SEAs have indicated their intention to implement the equitable services provisions of the CARES Act in a manner that the Department deems contrary to statutory requirements, which means that thousands of LEAs in these States may be in the process of violating the CARES Act as it pertains to equitable services, it is essential to clarify those requirements as soon as possible. The Public Inspection page may also We anticipate that $16.2 billion in CARES Act funds will be disbursed in 2020, and therefore estimate $16.2 billion in transfers in 2020 relative to a pre-statutory baseline. The same framework applies for public school students under Title I. Providing metal health services and supports. 06/30/2020 at 8:45 am. As a first step, agency officials must understand the requirements for successfully implementing federal programs in accordance with the CARES Act requirements. We are obliged to interpret the CARES Act coherently, and fit, if possible, all its parts into a harmonious whole. To the extent collecting poverty data from non-public school families under § 76.665(c)(1)(i)(B) would delay services, we encourage an LEA to use proportionality, wherein the LEA would apply the poverty percentage of its Title I schools as a whole to the enrollment in non-public schools that will participate in a CARES Act program. At $35 per hour for LEA staff, the average cost is an estimated $18 per LEA. The Government Accountability Office must submit a report in December 2020, and annually thereafter, with regard to the loans, loan guarantees, and other investments made under the law.

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