Alaska — United States Department of Education to the Honorable Deena M. Bishop (December 22, 2023)
Summary
A letter dated December 22, 2023 from the U.S. Department of Education's Office of Elementary and Secondary Education, signed by Adam Schott, to Commissioner Deena M. Bishop of the Alaska Department of Education and Early Development. It says that based on fiscal year 2022 data Alaska has not yet demonstrated compliance with the American Rescue Plan Act maintenance of equity requirements for at least three highest-poverty districts, listing shortfalls of $193,752 for North Slope, $2,557,336 for Juneau and $5,094,972 for Kenai Peninsula Borough. It asks the State, within 30 calendar days, to provide updated data including hold-harmless funding and a plan to resolve the problem, and warns of possible enforcement actions such as grant conditions and recovery of funds.
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“Alaska — United States Department of Education to the Honorable Deena M. Bishop (December 22, 2023).”
Original at www.ed.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/department-of-education-12-22-2023-used-www-ed-gov-02d9839198-b1f50aec2f/
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UNITED STATES DEPARTMENT OF EDUCATION
OFFICE OF ELEMENTARY AND SECONDARY EDUCATION
December 22, 2023
The Honorable Deena M. Bishop
Commissioner of Education
Alaska Department of Education and Early Development
P.O. Box 110500
Juneau, AK 99811
Dear Commissioner Bishop:
The American Rescue Plan Act of 2021 (ARP Act) includes requirements to safeguard the
highest need local educational agencies (LEAs) from experiencing a disproportionate reduction
in State funding in fiscal years (FYs) 2022 and 2023 (i.e., school years 2021-2022 and 2022-
2023) and to ensure that LEAs serving the greatest numbers of students from low-income
backgrounds do not experience a decrease in State funding below their FY 2019 levels. The
Secretary does not have authority to waive these requirements.
To support implementation of these maintenance of equity requirements, the U.S. Department of
Education (Department) has conducted technical assistance calls with States since summer 2022,
including multiple calls with the Alaska Department of Education and Early Development
(DEED). In these discussions, we worked with DEED officials to assist the State in categorizing
various funds provided to LEAs in the maintenance of equity data submission and in evaluating a
small LEA tolerance proposal1 as described in our guidance.2
Based on FY 2022 data provided by the State, Alaska has not yet demonstrated compliance with
the FY 2022 maintenance of equity requirements for at least three highest-poverty LEAs; please
see Table 1, next page. In addition, it is unclear whether the most recent SEA-level data
submission reflects the full scope of Alaska’s compliance issues because the data do not include
hold-harmless funding, which the Department advised DEED must be reflected in its
calculations. One way that Alaska may resolve the identified compliance issues for FY 2022 is
by making supplemental payments to these highest-poverty LEAs equal to the amount of the
State funding reductions considered “disproportionate” under the maintenance of equity
requirement.
1
https://oese.ed.gov/files/2023/10/Alaska-small-LEA-tolerance-proposal-response_Final.pdf
2
https://oese.ed.gov/files/2023/01/2023-01-23-Update_22-0471-moequity-FAQs_Final-Version.pdf
400 MARYLAND AVE., SW, WASHINGTON, DC 20202
http://www.ed.gov/
The Department of Education’s mission is to promote student achievement and preparation for global competitiveness by
fostering educational excellence and ensuring equal access.
Page 2
Table 1. Amount of State funding reductions considered disproportionate under
maintenance of equity requirement.
LEA FY 2022 Maintenance of Equity Shortfall
North Slope School District $193,752
Juneau School District $2,557,336
Kenai Peninsula Borough School District $5,094,972
Please note that these figures are based on the data and information available to the Department
through its monitoring and may not reflect the full scope of compliance issues in Alaska.
Within 30 calendar days of this correspondence, DEED must provide updated SEA-level
MOEquity data that is consistent with the Department’s November 2, 2023, correspondence
regarding the inclusion of hold-harmless funding and submit a plan to the Department
demonstrating that it is actively working to resolve its maintenance of equity compliance issues
for FY 2022. This plan should clarify the extent to which the State is planning to make
supplemental payments to the LEAs listed above; please include information regarding how and
when any supplemental payments will be made and provide any additional data, as applicable. If
DEED does not provide a timely response, the Department may take appropriate enforcement
actions, such as adding specific conditions to a State’s ARP ESSER award,3 designating a State
as a high-risk grantee,4 and potential recovery of ARP ESSER funds.5
Thank you for your work to implement the maintenance of equity requirements. If you have any
questions or require assistance, please contact the Department via your State mailbox:
Alaska.OESE@ed.gov.
Sincerely,
aura Jimenez
Adam Schott
Deputy Assistant Secretary for Policy and Programs
Delegated the Authority to Perform the
Functions and Duties of the Assistant Secretary
Office of Elementary and Secondary Education
CC: The Honorable Mike Dunleavy
Governor of Alaska
550 West 7th Ave., Suite 1700
Anchorage, AK 99501
3
See 2 C.F.R. § 200.206(c) and 200.208.
4
See 2 C.F.R. § 3474.10 and 2 C.F.R. 200.208.
5
Section 452 of the General Education Provisions Act, 20 U.S.C. 1234a.
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