CARES Act
Equitable services for students and teachers in non-public schools
The U.S. Department of Education (USDOE) on Thursday issued an Interim Final Rule (IRF) regarding the calculation of equitable services for non-public schools for the CARES Act Elementary and Secondary School Emergency Relief (ESSER) fund. The rule is meant to clarify the apparent discrepancy between language in the CARES Act with the department's non-binding guidance.
Under the new rule, which is effective immediately, the USDOE directs local education agencies (LEAs) to calculate the proportionate share for equitable services to non-public schools based on how they intend to use ESSER funds within their districts. LEAs that intend to use their ESSER funds to support all schools must base the calculation of equitable services based on the total population of students in non-public schools in the LEA. If the LEA intends to use its ESSER funds only for Title I schools, then the calculation for equitable services must be based on the proportion of eligible students in poverty in the Title I attendance areas.
CDE will adjust its ESSER application to calculate proportionate share based on how the district intends to use the ESSER funds. LEAs should prepare to modify their budgets and adjust conversations with non-public schools, if necessary. CDE will work with LEAs that have already submitted their ESSER applications to assist with any adjustments that may be necessary to meet the new USDOE rule.
Once officially posted, the IRF will be open for public comment for 30 days.
For more information, visit the CARES ESSERF webpage.
For questions, contact Melissa Colsman, associate commissioner of Student Learning, at [email protected].
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