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American Rescue Plan Act Emergency Assistance to Non-Public Schools Program rule (2021)

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The American Rescue Plan Act Emergency Assistance to Non-Public Schools Program rule is a significant rule issued by the U.S. Department of Education effective July 13, 2021, that established department regulations regarding the American Rescue Plan Emergency Assistance to Non-Public Schools Program under the American Rescue Plan Act of 2021.[1]

HIGHLIGHTS
  • Name: American Rescue Plan Act Emergency Assistance to Non-Public Schools Program
  • Code of Federal Regulations: 34 CFR chapter undefined
  • Agency: Office of Elementary and Secondary Education, Department of Education
  • Type of significant rule: Economically significant rule

    • Timeline

    The following timeline details key rulemaking activity:

    Background

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    President Joe Biden (D) signed the American Rescue Plan Act of 2021 (ARP Act) into law on March 11, 2021, in an effort to provide economic relief in response to the COVID-19 pandemic.[2]

    The Department of Education established requirements on July 13, 2021, for the American Rescue Plan Emergency Assistance to Non-Public Schools Program, which was governed by the ARP Act. The program was aimed at providing financial assistance to non-public schools impacted by the COVID-19 pandemic. The department was permitted to waive the notice and comment procedure under the Administrative Procedure Act because "the time involved would preclude emergency funds being available to meet exigent needs of non-public schools resulting from the COVID-19 emergency, including the provision of services to address the academic impact of lost instructional time among non-public school students," according to the rule.[1]

    Summary of the rule

    The following is a summary of the rule from the rule's entry in the Federal Register:

    “ The U.S. Department of Education (Department) establishes requirements for the American Rescue Plan Emergency Assistance to Non-Public Schools (ARP EANS) program under the American Rescue Plan Act of 2021 (ARP Act). This document is intended to clarify the requirements applicable to the ARP EANS program, including the requirement to provide services or assistance to non-public schools that enroll a significant percentage of students from low-income families and are most impacted by the novel Coronavirus Disease 2019 (COVID-19) emergency.[1][3] ”

    Summary of provisions

    The following is a summary of the provisions from the final rule's entry in the Federal Register:[1]

    “ The Secretary establishes the following final requirements for the ARP EANS program:
    (a) In general. A State educational agency (SEA) must provide services or assistance under the Emergency Assistance to Non-Public Schools (EANS) program, as authorized by the American Rescue Plan Act of 2021 (ARP Act), in accordance with the requirements applicable to the EANS program under section 312(d) of division M of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (CRRSA Act), except that—
    (1) An SEA may provide such services or assistance only to an eligible non-public school that enrolls a significant percentage of students from low-income families and is most impacted by the COVID-19 emergency; and
    (2) An SEA may not use such funds to provide reimbursements to any non-public school.
    (b) Determining non-public schools to be served.
    (1) To provide services or assistance to a non-public school under paragraph (a), an SEA must determine, consistent with the State's approved application for EANS funding under the ARP Act, that the school—
    (i) Enrolls a significant percentage of students from low-income families in accordance with paragraphs (b)(2) and (c) of this section; and
    (ii) Is most impacted by the COVID-19 emergency in accordance with paragraph (b)(3) of this section.
    (2) A non-public school enrolls a significant percentage of students from low-income families if the percentage of students from low-income families enrolled in such school meets or exceeds—
    (i) 40 percent; or
    (ii) An alternate significant percentage approved by the Secretary in the State's application for EANS funding under the ARP Act that is based on circumstances in the State, which may be—
    (A) The State's average percentage of students from low-income families in public and non-public schools;
    (B) The average percentage of students from low-income families in non-public schools in the State that, for example, applied for or participated in the EANS program as authorized by the CRRSA Act; or
    (C) Other factors that the State demonstrates support an alternate significant poverty percentage.
    (3)(i) A non-public school is most impacted by the COVID-19 emergency based on one or more of the following factors—
    (A) The number of COVID-19 infections per capita in the community or communities served by the non-public school;
    (B) The number of COVID-19-related deaths per capita in the community or communities served by the non-public school;
    (C) Data on the academic impact of lost instructional time and the social, emotional, and mental health impacts on students attending the non-public school attributable to the disruption of instruction caused by the COVID-19 emergency; or
    (D) The economic impact of the COVID-19 emergency on the community or communities served by the non-public school.
    (ii) In addition to using one or more of the factors identified in paragraph (b)(3)(i), an SEA may use other factors included in the State's approved application for EANS funding under the ARP Act to determine that a non-public school is most impacted by the COVID-19 emergency.
    (4) An SEA must publish on its website, on or before the date it makes applications for EANS services or assistance under the ARP Act available to non-public schools, the State's approved—
    (i) Minimum percentage to determine whether a non-public school enrolls a significant percentage of students from low-income families;
    (ii) The source(s) of poverty data the State will use to determine counts of students from low-income families in a non-public school; and
    (iii) Factors to determine whether a non-public school is most impacted by the COVID-19 emergency.
    (c) Determining low-income counts. (1) To be counted as a student from a low-income family for purposes of this section, a student must be aged 5 through 17 from a family whose income does not exceed 185 percent of the 2020 Federal poverty level.
    (2) To obtain a count of students from low-income families enrolled in a non-public school under paragraph (c)(1), an SEA may use one or more of the following sources of data, provided the poverty threshold is consistent across sources—
    (i) Data on student eligibility for free or reduced-price lunch under the Richard B. Russell National School Lunch Act (43 U.S.C. 1751 et seq.);
    (ii) Data from the E-rate program administered by the Federal Communications Commission (47 CFR 54.500, 54.505(b));
    (iii) Data from a different source, such as scholarship or financial assistance data; or
    (iv) Data from a survey developed by the SEA.[3]
    		 ”

    Significant impact

    See also: Significant regulatory action

    The Office of Management and Budget (OMB) deemed this rule economically significant pursuant to Executive Order 12866. An agency rule can be deemed a significant rule if it has had or might have a large impact on the economy, environment, public health, or state or local governments. The term was defined by E.O. 12866, which was issued in 1993 by President Bill Clinton.[1]

    Text of the rule

    The full text of the rule is available below:[1]

    See also

    External links

    Footnotes

    1. ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 Federal Register, "American Rescue Plan Act Emergency Assistance to Non-Public Schools Program," July 13, 2021
    2. ↑ 2.0 2.1 Congress.gov, "H.R.1319 - American Rescue Plan Act of 2021," accessed July 6, 2023
    3. ↑ 3.0 3.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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