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Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 4375
<br /> handling and disposal of asbestos- behavioral health in a school setting or disproportionate public health or
<br /> containing materials,lead paint, and cultural language classes. negative economic impacts of COVID—
<br /> other harmful materials may apply,as Treasury Response:Treasury is 19 on low-income populations and
<br /> well as environmental standards for any maintaining these enumerated eligible communities.
<br /> backfill materials used at demolition uses in the final rule,which are now In response, commenters proposed a
<br /> sites. Treasury encourages recipients to organized under the heading of wide variety of additional
<br /> consult and apply best practices from "services to address educational recommended enumerated eligible uses
<br /> the Environmental Protection Agency as disparities."Treasury reiterates that to assist disproportionately impacted
<br /> well. these uses include addressing households,ranging from general
<br /> Recipients must evaluate each educational disparities exacerbated by categories of services (e.g.,long-term
<br /> subrecipient's risk of noncompliance COVID-19,including but not limited to: investments to remediate long-term
<br /> with federal statutes,regulations,and increasing resources for high-poverty disparities)to highly specific examples
<br /> the terms and conditions of the school districts,educational services of services (e.g., a specific type of
<br /> subaward related to safely and properly like tutoring or afterschool programs, healthcare equipment).As discussed
<br /> conducting activities under this eligible summer education and enrichment above,Treasury is including several
<br /> use.This may include checking for any programs,and supports for students' additional categories of enumerated
<br /> past violations recorded by state or local social,emotional, and mental health eligible uses in the final rule in response
<br /> environmental,workplace safety, needs. This also includes responses to public comments.
<br /> licensing,and procurement agencies, as aimed at addressing the many Given the large number and diversity
<br /> well as regular reviews for suspensions, dimensions of resource equity— of SLFRF recipients,Treasury's
<br /> debarments,or stop work orders. including equitable and adequate school approach to assistance to households in
<br /> Recipients must establish rigorous funding;access to a well-rounded disproportionately impacted
<br /> oversight and internal controls education;well-prepared, effective,and communities in the final rule aims to
<br /> processes to monitor compliance with diverse educators and staff;and provide enumerated eligible uses that
<br /> any applicable requirements, including integrated support services—in order to respond to disproportionate impacts of
<br /> compliance by subrecipients. close long-standing gaps in educational the pandemic experienced widely in
<br /> 4.Addressing educational disparities. opportunity. many jurisdictions across the country
<br /> The interim final rule included an Further,Treasury is clarifying that and are intended to simplify and clarify
<br /> enumerated eligible use for addressing improvements or new construction of these enumerated eligible uses.At the
<br /> educational disparities in schools and other educational facilities same time,Treasury recognizes that the
<br /> disproportionately impacted or equipment are eligible capital impacts of the pandemic vary over time,
<br /> communities and outlined some expenditures for disproportionately by jurisdiction,and by population;as
<br /> enumerated eligible services under this impacted communities. Recipients such,the final rule provides flexibility
<br /> use.These enumerated uses included seeking to use funds for capital for recipients to identify additional
<br /> early learning services, assistance to expenditures should refer to the section disproportionate impacts to additional
<br /> high-poverty school districts to advance Capital Expenditures in General households or classes of households and
<br /> equitable funding across districts and Provisions: Other for additional pursue programs and services that
<br /> geographies, and educational and eligibility standards that apply to uses respond to those disproportionate
<br /> evidence-based services to address the of funds for capital expenditures. impacts.
<br /> academic,social, emotional, and mental Treasury notes that services to In the final rule,Treasury has not
<br /> health needs of students.Addressing the promote healthy childhood chosen to include as enumerated uses
<br /> many dimensions of resource equity— environments,including childcare, all uses proposed by commenters;given
<br /> including equitable and adequate school early learning services,and home the significant range, and in some cases
<br /> funding;access to a well-rounded visiting programs that serve infants and highly specific nature, of the proposed
<br /> education;well-prepared,effective,and toddlers,is a separate category of uses Treasury was not able to assess that
<br /> diverse educators and staff;and enumerated eligible uses for households the proposed uses would respond to
<br /> integrated support services—can also impacted by the pandemic (see eligible disproportionate impacts experienced in
<br /> begin to mitigate the impact of COVID— uses for"promoting healthy childhood many jurisdictions across the country,
<br /> 19 on schools and students and can environments"). Similarly,education supporting an enumerated eligible use
<br /> close long-standing gaps in educational services to address the impact of lost available to all recipients
<br /> opportunity.As discussed above,in the instructional time during the pandemic presumptively.However,the final rule
<br /> final rule, early learning services and are a separate eligible use category for continues to provide a framework to
<br /> addressing the impacts of lost households impacted by the pandemic; allow recipients to identify and respond
<br /> instructional time for K-12 students are when providing these services, to additional disproportionate impacts
<br /> enumerated eligible uses for impacted recipients may presume that any K-12 (for details, see section General
<br /> communities,not just student who lost access to in-person Provisions: Structure and Standards).
<br /> disproportionately impacted instruction for a significant period of Some types of proposed additional
<br /> communities. time has been impacted by the enumerated eligible uses for assistance
<br /> Public Comment:Treasury received pandemic and is thus eligible for to households in disproportionately
<br /> some comments in this category. responsive services (see eligible uses for impacted communities were
<br /> Generally, commenters expressed "addressing the impact of lost recommended by several commenters:
<br /> agreement with the elements of the instructional time"). • Capital expenditures.Many
<br /> interim final rule regarding use of funds commenters recommended that capital
<br /> for addressing educational disparities. Proposed Additional Enumerated expenditures on many different types of
<br /> Some commenters had questions about Eligible Uses Not Incorporated public and private facilities be
<br /> whether a few specific uses of funds The interim final rule posed a enumerated eligible uses. For clarity,
<br /> qualified under this category.For question on what other types of services Treasury has addressed all comments on
<br /> example,commenters inquired about or costs Treasury should consider as the eligibility of capital expenditures on
<br /> whether the funds could be used for eligible uses to respond to the property, facilities,or equipment in one
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