On September 9, 2020, the U.S. Department of Education (ED) announced that it was dropping its controversial July 1, 2020, Interim Final Rule (IFR) that applied new equitable services calculations for the Governor’s Emergency Education Relief (GEER) and Elementary and Secondary School Emergency Relief (ESSER) funds under the Coronavirus Aid, Relief, and Economic Security (CARES) Act due to an order by the U.S. District Court for the District of Columbia to vacate the rule (see “ED Drops Controversial Equitable Services Calculation for CARES Act Funds” in the September 2020 Fiscal Report).
In a September 25, 2020, letter addressed to all of the chief state school officers, the ED states that while it strongly disagrees with the court’s decision to vacate the IFR, it will not appeal the ruling. The decision not to appeal removes any ambiguity about which equitable services calculation to apply to the GEER and ESSER funds. Local educational agencies should calculate the equitable services set aside in the same manner as provided under section 1117 of the Elementary and Secondary Education Act of 1965 (Title I).
You can find more information on this calculation in the California Department of Education’s ESSER Frequently Asked Questions.