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Due to a Federal Judge’s Ruling
USDE Backtracks on Mandating
Extra ISD Funding for Private Schools
Texas ISDs and other school systems in the U.S. may not have to share a larger percentage of their CARES Act funding with their nearby private non-profit schools (PNP) after all.
The U.S. Department of Education (USDE) on Sept. 9 announced that due to a ruling (Sept. 4) by a federal judge in Washington, D.C., the “interim final rule” that the USDE had previously adopted (see TEN, June 8) mandating schools provide a greater share of CARES Act funding to provide so-called “equitable services” to private schools is “no longer in effect.” (see also Education Week)
As a result, the TEA modified (Sept. 11) its CARES Act funding guidance based on the judge’s ruling and the USDE’s announcement, but warned that further changes are possible should the feds appeal the ruling. (see the TEA's latest "PNP"updates here)
Although at least three federal judges have ruled against the USDE on this issue, the Sept. 4 ruling was the only one that applied nationwide.
Defended the Decision
In related news, Education Commissioner Mike Morath, in a discussion (Sept. 9) with SBOE members defended (audio recording) the decision (see TEN, June 22) to require the bulk of federal CARES Act funding Texas is receiving for public schools to supplant, rather than supplement, the state aid schools will receive. Morath noted that because of this decision, Texas — unlike about a dozen other states — has not seen pandemic-induced teacher layoffs or budget cuts to public education.
Texas schools are still on track to receive $800 million in pandemic-related funding in addition to their state funding allotments, Morath added.