Impact Aid Programs rule (2015)

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The Impact Aid Program rule is a significant rule issued by the U.S. Department of Education effective June 11, 2015, that amended department regulations concerning the Impact Aid Program. The amendments were implemented to align the regulations with statutory changes made to Title VIII of the Elementary and Secondary Education Act of 1965 and the Individuals with Disabilities Education Act.[1]
Timeline
The following timeline details key rulemaking activity:
- June 11, 2015: The final rule took effect.[1]
- June 11, 2015: The Department of Education published a final rule.[1]
Background
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The Elementary and Secondary Education Act of 1965 (ESEA), which was amended by the No Child Left Behind Act of 2001 (NCLBA), directs states on assessments, reporting requirements, student assistance, and accountability measures. The NCLBA aimed to support standards-based education reform drawn from the philosophy that setting high standards and establishing measurable goals for schools would improve individual outcomes for public school students. The legislation mandated that states develop standardized tests and administer assessments to all students at certain grade levels in order to receive federal funding.[2]
The Individuals with Disabilities Education Act (IDEA) was enacted by President Gerald Ford (R) in 1975 in an effort to ensure access to public education and appropriate special education services for children with disabilities. The law was reauthorized in 2004 by President George W. Bush (R) to align IDEA with the requirements of the No Child Left Behind Act. The reauthorization led to updated requirements for governing the Impact Aid Program.[3]
The ESEA authorized the Impact Aid Program, which aimed to provide financial assistance to "local school districts that have lost property tax revenue due to the presence of tax-exempt Federal property, or that have experienced increased expenditures due to the enrollment of federally connected children, including children living on Indian lands."[4] The Department of Education issued regulations on June 11, 2015, in an effort to align the Impact Aid Program provisions of Title VIII of the ESEA with statutory changes made by the NCLBA, IDEA, The National Defense Authorization Act for Fiscal Year 2013, the 2002 Supplemental Appropriations Act, the Department of Education Appropriations Act of 2001, and the Impact Aid Reauthorization Act of 2000.[1]
Summary of the rule
The following is a summary of the rule from the rule's entry in the Federal Register:
“ | The Secretary amends the Impact Aid Program regulations to reflect changes made to title VIII of the Elementary and Secondary Education Act of 1965 (ESEA or Act), as amended by various statutes, to delete obsolete provisions, to correct technical errors, and to incorporate relevant statutory and regulatory changes from the Individuals with Disabilities Education Act (IDEA) and its implementing regulations. The Secretary makes minor technical, clarifying, and streamlining changes for the reader's convenience, including reordering the regulations that implement the section of the Act regarding local contribution rates that are based on generally comparable local educational agencies (LEAs).[1][5] | ” |
Summary of provisions
The following is a summary of the provisions from the final rule's entry in the Federal Register:[1]
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Subpart A—General
Subpart B—Payments for Federal Property Under Section 8002 of the Act
Subpart C—Payments for Federally Connected Children Under Section 8003(b) of the Act
Paragraphs (a) and (b) of § 222.39 describe the method SEAs use to identify generally comparable LEAs for determining local contribution rates, through grouping by grade span/legal classification, size, and location. The current provisions in § 222.40 and the examples also refer to grouping by grade span/legal classification, size, and location for determining local contribution rates; we move these provisions to § 222.39 in order to eliminate redundancy and streamline the provisions. We remove the remaining provisions in current § 222.40, and in the example that follows the section, as they are redundant. The provisions in new § 222.40, moved from current § 222.39(c), describe the circumstances and procedures for using additional factors to identify a subgroup of generally comparable LEAs, for the limited number of LEAs that qualify for this option. The examples from current § 222.39(c) are retained, with the exception of one example removed for redundancy. Paragraph (e) of new § 222.40 contains the provisions of current § 222.39(c)(4), with the clarification that the SEA certifies the local contribution rate data by submitting that data to the Secretary, in accordance with the current text of section 8003(b)(1)(c)(iii) of the Act.
Subpart D—Payments Under Section 8003(d) of the Act for Local Educational Agencies That Serve Children With Disabilities
Subpart E—Payments for Heavily Impacted Local Educational Agencies Under Section 8003(b)(2) of the Act
New § 222.64 describes the statutory categories of a “new” heavily impacted LEA. These categories are similar to those described in new § 222.63. There is one significant difference in the per pupil expenditure (PPE) requirement for a “new” heavily impacted LEA that has a total enrollment of 350 or more. Those LEAs do not have the option of satisfying the PPE requirement by using the average PPE of all the States. Instead, they can only satisfy this requirement by using the average PPE of all the LEAs within their State. The tax rate requirement for these LEAs may be met by having a tax rate that is at least 95 percent of the average tax rate of either comparable LEAs as identified in § 222.74 or all LEAs in the State, pursuant to section 8003(b)(2)(G) of the ESEA. For an LEA that has a total enrollment of less than 350, the PPE and tax rate are based on one or three comparable LEAs.]
For resumption of eligibility, a “continuing” heavily impacted LEA must apply and be eligible for two consecutive years in order to receive another section 8003(b)(2) payment. In contrast, a “new” heavily impacted LEA must only apply and be eligible for the year of application to receive another section 8003(b)(2) payment. The examples and charts are provided for additional clarity as to the statutory requirements.
Subpart F—Payments to Local Educational Agencies for Children With Severe Disabilities Under Section 8003(g) of the Act
Subpart J—Impact Aid Administrative Hearings and Judicial Review Under Section 8011 of the Act
Subpart K—Determinations Under Section 8009 of the Act
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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
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 Federal Register, "Impact Aid Program," June 11, 2015
- ↑ Josie Canales, James Frey, Cathy Walker, Sherry Freeland Walker, Suzanne Weiss and Anna West, Education Commission of the States, "No State Left Behind: The Challenges and Opportunities of ESEA 2001," accessed February 7, 2023
- ↑ U.S. Department of Education, "Individuals with Disabilities Education Act," accessed April 24, 2023
- ↑ Office of Elementary and Secondary Education, "Impact Aid Program," accessed April 25, 2023
- ↑ 5.0 5.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.