Quiero saber acerca de...

Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Rules and Regulations excessively rigorous, one-size-fits-all threshold would be inappropriate in the context of non-public schools and their States specific circumstances and therefore recommended that States be given discretion to determine what constitutes a significant poverty percentage. In support of a more flexible approach, one State provided data indicating that a significant number of non-public schools that applied under CRRSA EANS would be ineligible under ARP EANS even with a poverty percentage as low as 30 percent. Taking these comments into account, the Department sought to establish a specific significant poverty percentage while also recognizing that there are State circumstances that may warrant a different significant poverty percentage in a given State.
In terms of determining the nonpublic schools most impacted by the COVID19 emergency, commenters generally noted that the Departments Frequently Asked Questions: Emergency Assistance to Non-Public Schools EANS Program as Authorized by the Coronavirus Response and Relief Supplemental Appropriations Act, 2021
CRRSA Act EANS FAQs 3 provided an appropriate range of factors. The final requirements include a majority of the factors identified in the Departments previously issued EANS
FAQs.
General Requirements
jbell on DSKJLSW7X2PROD with RULES

Applicability of CRRSA EANS
Requirements Statute: Section 2002a of the ARP
Act appropriates an additional $2,750,000,000 for making allocations to Governors under the EANS program to provide services or assistance to nonpublic schools that enroll a significant percentage of students from low-income families and are most impacted by the COVID19 emergency. Section 2002b further clarifies that the funds provided under section 2002a may not be used to provide reimbursements to any nonpublic school.
Final Requirements: These requirements make clear that all of the provisions of the CRRSA EANS program also apply to the ARP EANS program with two exceptions: 1 An SEA may provide services or assistance under ARP EANS only to an eligible nonpublic school that enrolls a significant percentage of students from low-income families and is most impacted by the COVID19 emergency, and 2 an SEA
may not use ARP EANS funds to 3 https oese.ed.gov/files/2021/03/Final-EANSFAQ-2.0-3.19.21.pdf.

VerDate Sep<11>2014

15:52 Jul 12, 2021

Jkt 253001

provide reimbursements to a non-public school.
Reasons: The final requirements clarify for States that, except for the two exceptions noted in the statute, all of the requirements in the CRRSA EANS
program apply to ARP EANS funds.
Making this clarification ensures that States and non-public schools are aware of all EANS program requirements, including statutory timelines, assurances required in a Governors application, and other application requirements for both the Governors and a non-public schools application.
The final requirements also clarify the allowable services and activities that an SEA may provide to non-public schools.
Significantly, they make clear that, unlike under CRRSA EANS, an SEA
may not use ARP EANS funds to provide reimbursements to any nonpublic school.
Determining Non-Public Schools To Be Served Determining Non-Public Schools That May Receive Services or Assistance Statute: Under section 2002a of the ARP Act, services or assistance to nonpublic schools under the ARP EANS
program are limited to non-public schools that enroll a significant percentage of students from lowincome families and are most impacted by the COVID19 emergency.
Final Requirements: The final requirements require a Governor, in his or her application for ARP EANS funds, to identify the significant poverty percentage and the factors of COVID19
impact the State will use, after approval by the Secretary, to determine which non-public schools are eligible to receive services or assistance. In addition to meeting the definition of a non-public school in section 3166 of division M of the CRRSA Act and the eligibility requirement in section 312d9 of division M of the CRRSA
Act, a non-public school must meet or exceed the States significant poverty percentage and be most impacted by the COVID19 emergency.
Reasons: This requirement clarifies those non-public schools that are eligible to receive services or assistance under the ARP EANS program. A nonpublic school must meet the definition of non-public school in section 3166
of division M of the CRRSA Act and the eligibility requirement in section 312d9 of division M of the CRRSA
Act. In addition, the percentage of students from low-income families in the non-public school must meet or exceed either 40 percent or the States approved alternate significant poverty
PO 00000

Frm 00017

Fmt 4700

Sfmt 4700

36649

percentage. Finally, the non-public school must be most impacted by the COVID19 emergency based on the States factors.
The final requirements reflect nearly all the comments we received. They establish a specific significant poverty percentage that a State may adopt without further explanation, although that percentage is not as high as some commenters recommended for reasons discussed below. They also afford a State some discretion to propose an alternate significant poverty percentage based on circumstances within the State, as most commenters suggested.
The final requirements do not, however, adopt the view of some commenters who suggested implementing ARP
EANS in the same manner as CRRSA
EANS to reduce burden on SEAs and non-public schools. We believe the ARP
Act does not support this suggestion, because it specifically changed the language in the CRRSA Act from prioritize services or assistance to nonpublic schools that enroll low-income students and are most impacted by the COVID19 emergency to provide services or assistance to non-public schools that enroll a significant percentage of low-income students and are most impacted by the COVID19
emergency. The ARP Act language differs from the CRRSA Act in two significant respects: 1 Rather than establishing a priority for serving schools with students from low-income families that then permits other nonpublic schools to be served, the ARP Act requires a non-public school to enroll a percentage of students from low-income families, and 2 the ARP Act requires that poverty percentage to be significant. The final requirements reflect this change.
Enrollment of a Significant Percentage of Students From Low-Income Families Statute: Under section 2002a of the ARP Act, services or assistance to nonpublic schools under the ARP EANS
program is limited to non-public schools that enroll a significant percentage of students from lowincome families and are most impacted by the COVID19 emergency.
Final Requirements: Under the final requirements, a non-public school is considered to enroll a significant percentage of students from low-income families, as defined in these requirements, if the percentage of students from low-income families enrolled in the school meets or exceeds 40 percent, based on the data sources selected by the State under these requirements. Alternatively, a State may propose and, if approved by the
E:FRFM13JYR1.SGM

13JYR1