Comment on FR Doc # 2026-10435
Anonymous AnonymousSupportIndividual
Summary: The commenter supports maintaining the "Funding Transferability for State and Local Education Agencies" requirement and argues for the inclusion of specific questions regarding confirmed violations of health, safety, and civil rights laws. They suggest that state departments of education should collect this data directly from enforcement agencies to ensure accountability and avoid self-reporting conflicts.
The "Funding Transferability for State and Local Education Agencies" should not be eliminated. It is required (by grant data collection and accountability laws) to collect data proving that providers "(ii) comply with all applicable Federal, State, and local health, safety, and civil rights laws." The following Department of Education website shows data on investigations (not the final result) https://ocrcas.ed.gov/open-investigations, with several school districts showing a pattern of potential violations. A local school district cannot effectively exercise sound judgment over whether a provider (either themselves providing the service directly, or via a third party) has met the ESSA requirements in question if recent violations have been confirmed, and it would be unfair to taxpayers, or to children, to award ESSA funding to these school districts. Please add the following question or smilar to this section on funding transferability eligibility for each LEA or other organization overseeing tutoring:
Number of Federal, State, or local agency and/or court-confirmed violations of:
Civil rights laws _____
Federal asbestos or lead laws ____
Negligence/Child-Endangerment/Abuse/Neglect ____
Building Codes ____
Pesticide Application laws ____
Food Safety laws _____
Any other local or state safety and health laws (air quality ordinances, green cleaning specifications, etc.) ____
The various state departments of education should collect this data directly from the agencies responsible for enforcing the various laws -- not the LEA -- in order to avoid self-reporting conflicts, and to shed light on any enforcement gaps that need to be addressed.