Sec. 4. Maintenance of effort and maintenance of equity
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As a condition of receiving funds under section 2, a State shall maintain support for elementary and secondary education, and for higher education (which shall include State funding to institutions of higher education and State need-based financial aid, and shall not include support for capital projects or for research and development or tuition and fees paid by students), in each of fiscal years 2022 and 2023 at least at the proportional levels of such State’s support for elementary and secondary education and for higher education relative to such State’s overall spending, averaged over fiscal years 2017, 2018, and 2019.
For the purpose of relieving fiscal burdens incurred by States in preventing, preparing for, and responding to the coronavirus, the Secretary of Education may waive any maintenance of effort requirements associated with the Education Stabilization Fund. As a condition of receiving funds under section 2, a State educational agency shall not, in fiscal year 2022 or 2023, reduce State funding (calculated on a per-pupil basis) for any high-poverty local educational agency in the State by an amount that exceeds the overall per-pupil reduction in State funds, if any, across all local educational agencies in such State in such fiscal year.
Notwithstanding paragraph (1), as a condition of receiving funds under section 2, a State educational agency shall not, in fiscal year 2022 or 2023, reduce State funding for any local educational agency that is part of the 20 percent of local educational agencies in the State with the highest percentage of economically disadvantaged students (based on the percentages of economically disadvantaged students served by all local educational agencies in the State on the basis of the most recent satisfactory data available from the Department of Commerce) below the level of funding provided to such local educational agencies in fiscal year 2019.
As a condition of receiving funds under section 2, a local educational agency shall not, in fiscal year 2022 or 2023— reduce per-pupil funding (from combined State and local funding) for any high-poverty school served by such local educational agency by an amount that exceeds— the total reduction in local educational agency funding (from combined State and local funding) for all schools served by the local educational agency in such fiscal year (if any); divided by the number of children enrolled in all schools served by the local educational agency in such fiscal year; or reduce per-pupil, full-time equivalent staff in any high-poverty school by an amount that exceeds— the total reduction in full-time equivalent staff in all schools served by such local educational agency in such fiscal year (if any); divided by the number of children enrolled in all schools served by the local educational agency in such fiscal year.
In this section: The term high-poverty local educational agency means, with respect to a local educational agency in a State, a local educational agency that serves a higher percentage of economically disadvantaged students than the local educational agency that serves the median percentage of economically disadvantaged students, based on the percentages of economically disadvantaged students served by all local educational agencies in such State, on the basis of the most recent satisfactory data available from the Department of Commerce.
The term high-poverty school means, with respect to a school served by a local educational agency, a school that serves a higher percentage of economically disadvantaged students, as determined by any of the measures of poverty in section 1113 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6313 ) than the school that serves the median percentage of economically disadvantaged students based on the percentages of economically disadvantaged students— at all schools served by such local educational agency; or at all schools within each grade-span of such local educational agency.
The term overall per-pupil reduction in State funds means, with respect to a fiscal year— the amount of any reduction in the total amount of State funds provided to all local educational agencies in the State in such fiscal year compared to the total amount of such funds provided to all local educational agencies in the State in the previous fiscal year; divided by the aggregate number of children enrolled in all schools served by all local educational agencies in the State in the fiscal year for which the determination is being made.
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Sec. 4
Maintenance of effort and maintenance of equity
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