You may have seen that Secretary DeVos sent a letter to chiefs on Friday noting that the Administration will not pursue an appeal of recent federal court decisions that have vacated its Interim Final Rule on Equitable Services under the CARES Act. USED further states:
“The Department will not take any action against States or local districts that followed the guidance and/or the IFR prior to notice of the court’s decision. Going forward, districts must calculate the minimal proportional share for CARES Act equitable services according to the formula provided in Section 1117(a)(4)(A) of the ESEA of 1965. Section 1117 requires robust consultation with private schools, among other things, and we will use our enforcement authority aggressively to ensure districts comply with this and other relevant equitable services requirements.”