KASB opposes DeVos rule on CARES funding for private schools

KASB has filed comments opposing the U.S. Department of Education’s “Interim Final Rule on Equitable Services to Students and Teachers in Non-Public Schools,” which changes how CARES Act funding is distributed to K-12 private schools.

The CARES Act became law in late March. It directs funding for K-12 schools be distributed based on the Title I formula which serves disadvantaged students. Under that formula, if a public-school district provides “equitable services” to a local private school (such as tutoring or access to technology licenses), those services would only be provided to low-income, private school students.

The Interim Final Rule, however, may force public school districts to provide CARES funding to private schools based on their total enrollment rather than only on their low-income student count. You can read more here.

“To be consistent with both the historical application of equitable services, and to treat public and private schools equitably under the CARES Act, this rulemaking must be revised to ensure that the equitable services share for private schools is determined by poverty rates rather than overall enrollment,” KASB says in its comments.

While the Interim Rule has the effect of law, it is being challenged in court. Congressional action may also be necessary to change the rule. KASB sent a copy of its comments to U.S. Senators Roberts and Moran and Representatives Marshall, Watkins, Davids and Estes.

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