30D Comment Response Summary

EANS Annual Data Collection 30-day FRN Comment Responses

Comment Summary/Suggestion for change	Applicable question(s) or section on EANS Form (30-day notice FRN)	Commentor(s)	ED Response
Burden on State Educational State Educational Agencies and non-public schools - The Data Collection will pose a significant reporting burden on non-public schools and SEAs due to the timing of such requests. SEAs will be asked to generate data for EANS funding without having been notified in advance that such data elements were required so that systems of collection could be established contemporaneously with the distribution and use of funds. This may result in inaccurate data reporting and a significant burden for non-public schools and SEAs that would divert attention and resources away from supporting students and the nonpublic schools. Eliminate the data elements that are outside the scope of the CRRSA and ARP statutes. Ideally, the data reporting requirements would be reduced to the minimum required to be reported to demonstrate compliance with the underlying legislation.	Entire form	New York State Education Department	No change. ED acknowledges that reporting this information results in burden on SEAs and LEAs, that systems may not yet be in place to collect and report the information, and that developing such systems takes time.  It is important that parents, educators, and the public have transparent and meaningful information on how the EANS program funds were used by SEAs for services to non-public schools and students. The Department believes that all data elements included in this reporting form are within the scope of the CRRSA and ARP statutes.
Reporting period alignment- The proposed reporting periods align to the federal fiscal year, which does not align to the grant cycle for this funding. Due to the time required to establish these programs, the obligation data being reported will not be current by the time the report is filed several months later and might not provide an accurate spending picture.	Entire form	New York State Education Department	Form change. The proposed reporting period no longer aligns to the federal fiscal year. The Department has changed the reporting period to align with each State’s fiscal year.
Requesting additional time to complete reporting/delay reporting deadline- Request an extended timeline for the reporting deadline to collect this necessary demographic information from non-public schools.	Entire form	California Department of Education	Form clarification. In response to public feedback, the Department will provide four months prior to required data submission.
Some nonpublic schools do not have separate elementary and secondary schools. It is unclear how such schools should be reported. The Department should specify how schools that enroll both elementary and secondary students be reported for these questions.	Q16 and Q17	New York State Education Department	Form clarification. The Department amended the report to allow respondents to specify schools that enroll both elementary and secondary students.
This section does not specify for which school year the enrollment data is to be reported and NYSED requests that the Department specify the school year to be reported.	Q18 and Q19	New York State Education Department	Form clarification. The Department clarified that the enrollment data should be reported from 2019-2020 school year.
This section does not specify for which school year the enrollment data is to be reported and NYSED requests that the Department specify the school year to be reported.	Q23 and Q24	New York State Education Department	Form clarification. The Department clarified that the enrollment data should be reported from 2019-2020 school year.
Some nonpublic schools in New York State do not have separate elementary and secondary schools. It is unclear how these schools should be reported. NYSED requests that the Department specify how schools that enroll both elementary and secondary students be reported for these questions.	Q25 and Q26	New York State Education Department	Form clarification. The Department amended the report to allow respondents to specify schools that enroll both elementary and secondary students.
Require SEAs to report the proportion of the amount returned to the Governor that was allocated for non-public schools in the state.	Section II CRRSA EANS Funds Returned to the Governor	National Catholic Educational Association (NCEA)	No change. The Department believes that current reporting requirement that requires States to report the amount returned to the Governor and expenditure data is sufficient.
Require States to report if the Governor retained direct control of the funds and how many reserved them to serve only non-public school students.	Section II CRRSA EANS Funds Returned to the Governor	National Catholic Educational Association (NCEA)	No change. As proposed, the Department plans to collect data on whether the Governor used returned funds for non-public elementary and secondary schools. The Department believes this reporting requirement is sufficient.
NCEA has been made aware that the implementation process for each of these programs was not effective in some states due to varying interpretations of the law regarding allowable uses of the funds. In some cases, the SEA did not allow reimbursements when they were allowable, in others the only option was reimbursements. Separate questions are needed to determine how much of the funding was expended for reimbursements and how much for new services for each of the schools.	Section V: SEA Obligations (including reimbursements) by allowable activity for CRRSA EANS	National Catholic Educational Association (NCEA)	No change. The Department does not believe this information is relevant for reporting purposes but has addressed this concern through individual State technical assistance guidance.
In addition to asking how many non-public schools received services or assistance under the CRRSA EANS program within the State, also include how many did not.	Non-public schools receiving services or assistance under CRRSA EANS	National Catholic Educational Association (NCEA)	No change. The Department believes that requiring SEAs to report the list of non-public schools that received services or assistance will be sufficient information. In addition, States indicated through public comment that they do not have data on the universe of non-public schools in their States. Further, such a data point would not reveal the reasons why non-public schools did not participate in the EANS program.

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