Skip to main content
An Official Vermont Government Website

ARP ESSER - Maintenance of Equity

LEA-Level Maintenance of Equity Requirements

Under section 2004(c) of the American Rescue Act, LEAs (in Vermont, these are our Supervisory Unions and Supervisory Districts, or SU/SDs) must maintain equity for high-poverty schools by ensuring

  • There is no disproportionate reduction in combined State and local per-pupil funding compared to all schools served by the LEA in that fiscal year
  • There is no disproportionate reduction in the number of FTE staff per-pupil compared to all schools served by the LEA in that fiscal year

These requirements apply to fiscal years (FY) 2022 and 2023 (i.e., 2021-2022 and 2022-2023 school years).

LEAs may choose to evaluate whether they have maintained fiscal and staffing equity by grade span or in the LEA as a whole, and they use voter-approved budget or actual expenditure data when calculating per pupil spending.

A “high-poverty school” is a school in the highest quartile of schools served by the LEA based on the percentage of economically disadvantaged students in the school. An LEA may determine its high-poverty schools on a districtwide basis or by grade span.

LEA-Level Maintenance of Equity Exceptions

The ARP Act excepts an LEA from the local maintenance of equity requirements if the LEA: 

  • Has a total enrollment of less than 1,000 students 
  • Operates a single school 
  • Serves all students within each grade span with a single school 
  • Has certified to the SEA that is has not implemented an aggregate reduction in combined state and local per-pupil funding in FY 22 and FY 23.
  • Was granted an exception from the U.S. Department of Education due to an exceptional or uncontrollable circumstance. 

Compliance

By October 31, 2023, the SEA will determine whether LEAs have met MOEq requirements for FY 2023. If it is determined that an LEA has failed to maintain equity and is not eligible for an SEA Certification or Exceptional Circumstance determination from the US Department of Education, the AOE will conduct an evaluation of LEA funding and, potentially, monitoring activities to ensure that high-poverty schools are not disproportionately impacted.

Summary of Fiscal Year 23 ARP ESSER LEA Maintenance of Equity

Table:  All SU/SD MOEq Exceptions and Exemptions for FY 23 

 

ORG ID SU/SD Name Reason for Exemption, AOE Certification or US Dept. of Education Exception
S035 Orleans Southwest SU Enrollment of less than 1000 students
S046 Windham Central SU Enrollment of less than 1000 students
S063 Two Rivers SU Enrollment of less than 1000 students
U052 Mill River UUSD Enrollment of less than 1000 students
S024 Grand Isle SU Enrollment of less than 1000 students
U059 Orange Southwest UUSD Enrollment of less than 1000 students
U054 Addison Northwest Enrollment of less than 1000 students
T179 St. Johnsbury SD Enrollment of less than 1000 students
S047 Windham Northeast SU Enrollment of less than 1000 students
S019 Essex North SU Enrollment of less than 1000 students
U146 Rivendell ISD Enrollment of less than 1000 students
S049 Windham Southwest SU Enrollment of less than 1000 students
T145 Norwich SD Operates a single school, Enrollment of less than 1000 students
T249 Winooski SD Operates a single school, Enrollment of less than 1000 students
T126 Milton SD Serves all students within each grade span at a single school
T193 Springfield SD Serves all students within each grade span at a single school
S022 Franklin West SU AOE Certification
S031 North Country SU AOE Certification
U064 Kingdom East UUSD US Department of Education Exception

Table: High-Poverty Schools for Non-Exempted SU/SDs for FY 23

The Vermont Agency of Education will require non-exempted or excepted SU/SDs to submit final data for FY 23 by September 2023.

SU/SD High Poverty Schools
Barre UUSD Barre City Middle Elementary School
Bennington Rutland SU Currier Memorial School, Mettawee Community School
Burlington SD Sustainability Academy at Lawrence Barnes, Integrated Arts Academy at Wheeler, J.J. Flynn School
Champlain Valley School District Hinesburg Community School, Williston Central School
Colchester SD Union Memorial School, Malletts Bay School, Porters Point School
Essex-Westford Educational Community UUSD Summit Street School, Albert D. Lawton Middle School, Essex High School
Franklin Northeast SU Enosburg Elementary, Richford Elementary
Greater Rutland County SU Wells Village School, Proctor Elementary School
Harwood Unified Union School District Warren Elementary School, Harwood Union High School
Lamoille South UUSD Morristown Elementary School, Peoples Academy Middle Level
Maple Run Unified School District St. Albans City School
Missisquoi Valley SD Missisquoi Valley Union MS/HS, Swanton School (state cert)
Mt. Abraham Unified School District Robinson Elementary School, Bristol Elementary School
Orange East SU Newbury Elementary School, Blue Mountain Union
Orleans Central SU Orleans Elementary Middle School, Albany Community
Caledonia Central SU Cabot School, Walden School
Rutland City SD Rutland Northwest Primary School, Rutland Intermediate School
Rutland Northeast SU Otter Creek Academy, Otter Valley Union Middle/High School
Slate Valley Modified Unified Union School District Benson Village School, Fair Haven Grade School
South Burlington SD Gertrude Chamberlin School, Frederick H. Tuttle Middle School, South Burlington High School
Washington Central UUSD Doty Memorial School, Berlin Elementary School, Calais Elementary School, U-32 Middle and High School
White River Valley SU White River Valley Middle School, White River Valley High School, South Royalton Elementary
Windham Southeast SU Academy School, Oak Grove School, Green Street School
Windsor Central SU Reading Elementary School, Killington Elementary School
Windsor Southeast SU Hartland Elementary School

Summary of Fiscal Year 23 ARP ESSER LEA Maintenance of Equity

Summary of Fiscal Year 22 ARP ESSER LEA Maintenance of Equity

The ARP (section 2004(b) and (c)) contains both State and LEA maintenance of equity (MOEq) requirements for each of FYs 2022 and 2023. This language can be found in ARP ESSER Grant Award Assurances (page 10). On June 8, 2022, the US Department of Education provided final guidance on these important requirements. On July 15, 2022, AOE released its ARP ESSER LEA Maintenance of Equity data collection, which LEAs are required to complete by August 5, 2022.

  • MOEq is a set of new fiscal equity requirements in ARP ESSER. Specifically, MOEq ensures the following:'

    • An LEA does not disproportionately reduce State and local per-pupil funding in high-poverty schools.

    • An LEA does not disproportionately reduce the number of full-time-equivalent (FTE) staff per-pupil in high-poverty schools.

  • By August 31, 2022, the AOE will post on its website a list of any LEAs that did not maintain equity in Fiscal Year 2022 and do not meet one of the exception criteria offered by the US Department of Education.

US Department of Education Resources: 

AOE Resources