Private Schools: CARES Act Equitable Services Overview

This session introduces and discusses the implications of the CARES Act Equitable Services for private schools, including a timeline of events, court decisions, and implications for districts and private schools. The presentation covers the requirement for LEAs to provide equitable services to non-public schools, specifically based on low-income and residency criteria within Title I attendance areas, impacting funding allocation and eligibility of private schools for services.

• Private Schools
• CARES Act
• Equitable Services
• Education Funding
• Court Decisions

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Presentation Transcript

1. Private Schools: Office Hours October 28, 2020 Thanks for joining us. Please mute yourself. We will start in just a few minutes 1

2. Agenda Agenda 1. COURSE CORRECTION: CARES Act Equitable Services 2. Resources and Technical Assistance 3. Questions 2

3. CARES Act Equitable Services 3

4. March through July 1 March 27... CARES Act Equitable services (ES) calculation based on Section 1117 of ESEA (low income and residency) April 30 ... USED Guidance ES based on total enrollment July 1 .... Interim Final Rule Options 1a & b (low income) Option 2 (total enrollment Options 1a & b limited district funding to only district Title I schools 4

5. July 1 through September 4 Confusion Conflicting interpretations Law vs. Guidance vs. IFR Litigation Lawsuits filed by NAACP, several states (CA, DC, MI, WI,NM) and other organizations Challenged Interim Final Rule 5

6. September 4, 2020 United States District Court for the District of Columbia issues order that THE DEPARTMENT OF EDUCATION S INTERIM FINAL RULE IS VACATED 9/9: USED acknowledged the IRF was no longer in effect 9/25: Official statement from Sec. DeVos 10/9: Updated Guidance from USED 6

7. Corse Correction As three separate courts have determined, the CARES Act requires that LEAs receiving GEER and ESSER funds shall provide equitable services in the same manner as provided under 1117 of the ESEA of 1965 [Title I] to students and teachers in non-public schools . The private school must determine the number of its students considered low-income, and each such student must also reside within a Title IA school attendance area. 7

8. IMPLICATIONS Decision recognizes original intent of CARES Act Allocation based on low income and residency in Title I attendance area Significant impact on districts and private schools Many private schools will now be ineligible for services Districts are not limited to using CARES Act funding for only their Title schools 8

9. UPDATED GUIDANCE 9

10. Budget Narrative/Targeting Page 10

11. AFFIRMATION OF CONSULTATION 11

12. Thank you! 12