June 26, 2020

For more information, contact:
[email protected]

Dear Superintendents and BOCES Executive Directors,

This edition includes information about the new equitable distribution rule for non-public students and teachers under the federal CARES Act. There is also information about the most recent updates to the Planning for the 2020-21 School Year Toolkit.

Remember, you can find all past editions of the CDE Update on our website. Visit our COVID-19 Resources for Schools webpage for additional helpful resources.

Skip to any of the following sections:

• CARES Act
• Planning for the 2020-21 School Year Toolkit

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].

Planning for the 2020-21 School Year Toolkit

Toolkit updates available

Updates to the 2020-21 Planning Framework and Toolkit are available on the main page of the toolkit. Updates include information about local orders and variances process. 

For questions, contact Rhonda Haniford, associate commissioner of School Quality and Support, at [email protected].