Interim Final Rule seeks to end the dispute over ESSER Funds and Private schools
Today the U.S. Department of Education (USDE) released an Interim Final Rule (IFR) to clarify the disputed Elementary and Secondary School Emergency Relief (ESSER) fund guidance from April.
According to USDE, the IFR has the full force of law. The rule is “interim” to allow for a 30 day public comment period. WCRIS schools should use the opportunity to share their views on the rule. Click “Read the IFR” below to review the document. Once the rule is published in the Federal Register it will be available for comments.
The IFR states that funds must be proportionally shared with private schools according to how the school district intends to use the funds.
If the school district plans to use the funds on a per-pupil basis using total enrollment, then they must use total enrollment to count the private school students in the district to determine a proportional share of funds for equitable services.
If the school district intends to use ESSER funds to only serve their Title I-eligible schools, then the district must collect poverty data from participating private schools to determine a proportional share of funds based only on the low-income count in those private schools.
What can your school do right now?
When you receive the affirmation form from your local school district you must check “yes” that you wish to participate and sign and return the form to your district.
If your school intends to participate and agrees to consult with your district and after consultation, you do not feel like the program design is equitable in relation to your students or that the consultation was not timely and meaningful, you should indicate as such on the Affirmation of Consultation for ESSER form by checking “no” in the verification section of the form.
Checking “no” on the Affirmation form alerts the Ombudsman for review. The Ombudsman will be responsible for providing mediation to private schools and their local districts.
If you do not sign and return the form, your school is at risk of being excluded from participating in the ESSER funds.
If you have any questions, please contact the Wisconsin Private School Ombudsman at essaombudsman@dpi.wi.gov.
Read the IFR here.
