On September 4, 2020, in NAACP v. DeVos, the U.S. District Court for the District of Columbia issued an opinion and an order vacating the Interim Final Rule (IFR) previously issued by the U.S. Department of Education (USDE) on July 1, 2020 which directed how Local Educational Agencies (LEAs) were to calculate the amount of ESSER and GEER funds available for providing equitable services to students and teachers in nonpublic schools.

NYSED is requiring that the equitable share calculation be based on the number of students from low-income families who reside in Title I attendance areas and who attend participating non-public schools regardless of the non-public school’s location. LEAs must consult with each non-public school serving resident students to determine the total number of low-income students served by each non-public school. This includes non-public schools located inside the district’s boundaries and non-public schools located in other districts. The FAQs linked below (Question #13 and #33) show how to allocate funds.

Completed applications are due by November 23, 2020 (with extensions by request) and will be reviewed on a rolling basis. Previously submitted applications have been unsubmitted and will need to be redone. Please direct questions to the Office of ESSA-Funded Programs at (518) 473-0295 or via e-mail at CARESAct@nysed.gov.

Additional information is available at: http://www.p12.nysed.gov/funding/cares-act/home.html

Link to the 10/26/2020 memo: http://www.p12.nysed.gov/funding/cares-act/memo-leas-revised-cares-act-application-10-26-2020.pdf

Link to the FAQs (See #13 & #33): http://www.p12.nysed.gov/funding/cares-act/cares-act-faq.pdf

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