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Final Requirements; American Rescue Plan Act Homeless Children and Youth Program rule (2021)

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The Final Requirements; American Rescue Plan Act Homeless Children and Youth Program rule is a significant rule issued by the U.S. Department of Education effective July 9, 2021, that established requirements regarding the Homeless Children and Youth Program under the American Rescue Plan Act of 2021.[1]

HIGHLIGHTS
  • Name: Final Requirements; American Rescue Plan Act Homeless Children and Youth 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 9, 2021, for the Homeless Children and Youth Program, which was governed by the ARP Act. The program was aimed at providing educational services to homeless children and youth. The department was permitted to waive the notice and comment procedure under the Administrative Procedure Act because of "the urgent needs of children and youth experiencing homelessness in light of the national pandemic, as going through the full rulemaking process would delay the awarding of these grants to SEAs and LEAs," 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 Department of Education (Department) establishes requirements for the Homeless Children and Youth program (ARP-HCY), under section 2001(b)(1) of the American Rescue Plan Act of 2021 (ARP Act). These requirements are intended to clarify program requirements and streamline and clarify the process for State educational agencies (SEAs) to award subgrants to local educational agencies (LEAs).[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-HCY program.
    (a) Applicability. These requirements apply to a State educational agency's (SEA) second allocation of funds from the Department of Education under section 2001(b)(1) of the American Rescue Plan Act of 2021 (ARP Homeless II).
    (b) Program administration. The funds described in paragraph (a) are subject to all provisions of Title VII-B of the McKinney-Vento Homeless Assistance Act, except as provided in paragraph (c).
    (c) Subgrants to local educational agencies (LEAs).
    (1) Each SEA must award subgrants by allocating not less than 75 percent of the funds it receives under the ARP Homeless II program to LEAs as follows:
    (i) 50 percent in proportion to the amount that each LEA received under Part A of Title I of the Elementary and Secondary Education Act of 1965, as amended, for the most recent fiscal year; and
    (ii) 50 percent in proportion to the number of homeless children and youth identified by each LEA relative to all LEAs in the State, using the greater of the number of homeless children and youth in either the 2018-19 or 2019-20 school year in each LEA.
    (2) An SEA may not make a subgrant to an LEA under paragraph (c)(1) if the amount of such subgrant would be less than $5,000. An LEA that does not meet this minimum allocation requirement may receive a subgrant only as part of a consortium with other LEAs if the total of their combined allocations is at least $5,000.
    (3) For the purpose of paragraph (c), a consortium means a subgrantee that consists of more than one LEA.[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, "Final Requirements; American Rescue Plan Act Homeless Children and Youth Program," July 9, 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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