Equitable Services – Interim Final Rule

9/11/2020

The U.S. Department of Education (USDOE) confirmed this week that its interim final rule regarding equitable services under the CARES Act is no longer in effect. The USDOE published its interim final rule regarding equitable services under the Coronavirus Aid, Relief, and Economic Security (CARES) Act on July 1, 2020, which required public schools to send a greater share of pandemic assistance to private school students under certain circumstances than is typically required under federal law.
 
On September 4, 2020, in NAACP v. DeVos, the U.S. District Court for the District of Columbia issued an opinion and an order vacating the interim final rule. As a result, the interim final rule is no longer in effect.

We greatly appreciate the advocacy efforts of all members who shared their concerns about this issue with their elected officials and submitted comments to the U.S. Department of Education. As soon as OASBO receives official notice from ODE allowing districts to spend additional funds they may have been setting aside for non-public schools we will share it with members.