ARP Local Maintenance of Equity Requirement (MOEquity)

Local maintenance of equity (MOEquity) is a federal fiscal requirement that applies to all local educational agencies (LEAs) that receive funding under the grants authorized by section 2001 of the American Rescue Plan Act of 2021 (ARP), including the following:

  • 2020–2023 ARP ESSER III
  • 2021–2023 ESSER Supplemental (ESSER-SUPP)
  • 2021–2024 Texas COVID Learning Supports (TCLAS)

The intent of this requirement is to ensure that LEAs and campuses that serve a large share of students from low-income backgrounds do not experience a disproportionate reduction in funding in fiscal years 2022 and 2023 (FY22 and FY23), that is, school years 2021–2022 and 2022–2023.

In addition, MOEquity is designed to ensure that LEAs serving the largest shares of students from low-income backgrounds do not receive a decrease in state funding below their FY 2019 level.

MOEquity Guidance Handbook

Refer to the MOEquity Guidance Handbook for a detailed description of the following:

  • The MOEquity statutory requirement
  • Compliance with the requirement
  • Exception criteria and USDE exception from the requirement
  • Methods of documenting compliance
  • Instructions on calculating equity with the MOEquity Tool (available through TEAL)

Deadlines

As described below, LEAs must submit the following to TEA by Friday, March 4. 2022.

LEAs that choose to calculate equity with the MOEquity Tool must submit the completed tool via TEAL by Friday, March 11, 2022.

MOEquity Compliance: Automatically Excepted LEAs

MOEquity applies to recipients of grant funding authorized by ARP, section 2001. Under ARP, certain LEAs are excepted from the requirement.

Using LEA data submitted on the SC5000 schedule of the ESSA Consolidated Federal Grant Application, TEA has compiled a list of LEAs that are automatically excepted from MOEquity:

If your LEA has been included or excluded from the “automatically excepted” list due to a data reporting error, you must notify the Federal Fiscal Compliance and Reporting Division, at compliance@tea.texas.gov to correct the error.

LEAs that qualify for automatic exception from MOEquity are not required to take any further action to meet this requirement.

LEAs Not Automatically Excepted

All LEAs that are not automatically excepted from MOEquity are required to submit documentation to TEA to indicate their chosen method for meeting the requirement. Three methods are available:

  • USDE exception
  • Self-certification
  • Calculation of equity

The LEA notifies TEA of its chosen method by completing and submitting the MOEquity Document Submission Plan.

Refer to the MOEquity Guidance Handbook for a description of the three methods and instructions on completing the required plan.

TEA Training

Slide deck from Local MOEquity Training on February 7, 2022.

Online MOEquity training sessions will be announced via GovDelivery. To sign up for bulletins, visit the Sign Up for Updates page of the TEA website and select the Grants option when prompted.

TEA Resources

Answers to frequently asked MOEquity questions are listed in the ESSER FAQ. The FAQ will be updated regularly. Use the ESSER FAQ Submission form to submit new MOEquity questions to TEA staff. 

The following MOEquity resources have also been developed by TEA:

Federal Resources

USDE will post all MOEquity resources on its website as they become available.

Fiscal Year (FY) 2022 LEA-level MOEquity Reporting

In accordance with the United States Department of Education (USDE) LEA-level Maintenance of Equity (MOEquity) reporting requirements, TEA has developed the following documents:

  • FY22 LEA-level MOEquity Compliance Description: This document outlines TEA’s approach for ensuring that local educational agencies (LEAs) that receive funding authorized by section 2001 of the American Rescue Plan (ARP) Act comply with the LEA-level maintenance of equity (MOEquity) compliance requirement.
  • FY22 LEA-level MOEquity data (PDF Format): This Excel file includes the following worksheets:
    • Automatically Excepted LEAs: This worksheet lists the 866 LEAs that are automatically excepted from LEA-level MOEquity and outlines which of the three criteria they meet.
    • LEA Self-Certification: This worksheet lists the 216 LEAs that completed the LEA self-certification of exception, also known as “Appendix B” in USDE’s MOEquity FAQ document.
    • USDE Exception Request: This worksheet lists the 1 LEA whose exception request has been approved by USDE.
    • Non-Excepted LEAs: This worksheet lists the 127 LEAs that selected to demonstrate LEA-level MOEquity compliance by providing LEA and school-level enrollment and financial data. In addition, the LEAs’ high-poverty campuses are highlighted in gold/orange.

Important: The data in the “LEA-level MOEquity data” workbook is accurate as of June 3, 2022, and will be updated if/when revised data becomes available.