Alaska — United States Department of Education to the Honorable Deena M. Bishop (July 30, 2024)
Summary
A July 30, 2024 letter to Alaska Commissioner of Education Deena M. Bishop says that, after Governor Dunleavy vetoed $11,893,500 in supplemental payments to Anchorage School District and Kenai Peninsula Borough School District on June 28, 2024, the Department intends to withhold $11,893,486 from remaining ARP ESSER funds. That amount equals the FY 2022 reduction in per-pupil State funding to the two high-need or highest-poverty LEAs. A footnote gives the FY 2023 shortfall as $5,556,632 and refers to a July 16, 2024 finding letter. The letter says Alaska can still resolve the matter by making the payments now or entering a written agreement on a date certain, and calls Alaska the only State not in compliance.
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“Alaska — United States Department of Education to the Honorable Deena M. Bishop (July 30, 2024).”
Original at www.ed.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/department-of-education-7-30-2024-used-www-ed-gov-e084d917f4-cf81f9d473/
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UNITED STATES DEPARTMENT OF EDUCATION
OFFICE OF ELEMENTARY AND SECONDARY EDUCATION
July 30, 2024
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:
On June 28, 2024, Governor Dunleavy vetoed $11,893,500 in supplemental payments to
Anchorage School District and Kenai Peninsula Borough School District from Alaska’s Fiscal
Year (FY) 2025 spending plan that would have fully resolved Alaska’s non-compliance with the
American Rescue Plan Act of 2021 (ARP Act) Elementary and Secondary School Emergency
Relief (ESSER) grant program maintenance of equity requirements in section 2004(b) of the
ARP Act for Federal FY 2022. Given the Governor’s veto and Alaska’s continued non-
compliance with this important requirement, I intend to withhold 1 the amount owed
($11,893,486) from any remaining ARP ESSER funds awarded to the Alaska Department of
Education and Early Development (AK DEED) by the U.S. Department of Education
(Department). This withholding equals the amount by which per-pupil State funding was reduced
to these two high-need or highest-poverty local educational agencies (LEAs) during FY 2022. 2
Alaska is the only State that has not complied with this statutory, non-waivable requirement for
FY 2022 and one of just four States to have not met the corresponding FY 2023 requirement. In
receiving nearly $359 million in ARP ESSER funds, AK DEED assured it would meet these
requirements, and the Department has provided nearly two years of extensive technical
assistance to support Alaska in doing so—including reviewing and approving three separate
requests by AK DEED to tolerate larger per-pupil spending reductions in the State’s smallest
school districts. The Department has also sought to apply this requirement while preserving
every opportunity for Alaska’s students to continue to receive critical funding by taking
intermediary steps—including implementing a grant condition and a high-risk designation on
Alaska’s ARP ESSER funds and applying route payment status—over the last four months. With
two months remaining in the ARP Act’s fund period, the Department must now take additional
steps to ensure the State’s compliance.
1
The Department’s intent to withhold is pursuant to sections 454(a)(l) and 455 of the General Education Provisions
Act (GEPA) (20 U.S.C. §§ 1234c(a)(l) and 1234d).
2
This figure reflects only the non-compliance for FY 2022. Maintenance of equity requirements also apply to
FY 2023, for which the State’s shortfall is $5,556,632. The Department sent AK DEED a finding letter for non-
compliance with the FY 2023 maintenance of equity requirements on July 16, 2024.
400 MARYLAND AVE., SW, WASHINGTON, DC 20202
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.
The Department’s conclusions regarding the State’s non-compliance are outlined below. As
previously communicated, the State may satisfy the non-compliance by making the required
supplemental payments now, or by entering into a formal written agreement with the Department
to demonstrate how these supplemental payments will occur by another date certain. Any such
agreement will help ensure that ARP ESSER funds continue to benefit Alaska’s students and
schools while the State works to meet its legal obligations to the school districts that received
less State funding than required under the ARP maintenance of equity requirement.
I. ALASKA'S FAILURE TO IMPLEMENT MAINTENANCE OF EQUITY
REQUIREMENTS IN FY 2022
I.A. Alaska’s Maintenance of Equity Shortfall for its High-Need and Highest-Poverty
LEAs
AK DEED received nearly $359 million in ARP ESSER funds, which were conditioned on AK
DEED meeting the maintenance of equity requirements in section 2004(b)(1) of the Act, which
applies to Alaska’s high-need LEAs, and section 2004(b)(2) of the Act, which applies to
Alaska’s highest-poverty LEAs.
Pursuant to the ARP Act, the Department awarded AK DEED $239,138,089, two-thirds of the
total ARP ESSER funding allocated to Alaska, on March 24, 2021. As stated in the Grant Award
Notification (GAN), by drawing down funds under its ARP ESSER award, AK DEED assured it
would “comply with the maintenance of equity provisions in section 2004(b) of the ARP [Act].” 3
Following issuance of this GAN, AK DEED submitted its initial State Plan for the American
Rescue Plan Elementary and Secondary School Emergency Relief Fund on June 18, 2021, which
additionally included an express assurance that the State would comply with the ARP Act
maintenance of equity requirements and was signed by your predecessor, Dr. Michael Johnson. 4
Further, on August 9, 2021, AK DEED submitted its final signed ARP ESSER State Plan, which
again included an express agreement to comply with the maintenance of equity requirements in
section 2004(b) of the ARP Act. Based on AK DEED’s ARP ESSER State Plan, the Department
awarded AK DEED the remainder of its ARP ESSER allocation, bringing the total award to
$358,770,937.
I.A.1. Alaska’s Maintenance of Equity Shortfall for its High-Need LEAs in FY 2022
The ARP Act requires that AK DEED, as a recipient of ARP ESSER funds, not reduce State
funding (as calculated on a per-pupil basis) in FY 2022 or FY 2023 for any high-need LEA by an
amount that exceeds the overall per-pupil reduction in State funds, if any, across all LEAs in the
State. (ARP Act § 2004(b)(1).) The ARP Act defines a “high-need” LEA in section 2004(d)(3)
and an “overall per-pupil reduction in State funds” in section 2004(d)(5), and the Department’s
maintenance of equity guidance further describes these terms and provides examples in FAQs 15
and 19. 5
3
See Appendix 2 for more information regarding the Grant Award Notification.
4
See Appendix 2 for AK DEED’s initial and final ARP ESSER State Plans.
5
See Appendix 2 for Maintenance of Equity FAQs.
2
Consistent with the statute, “high-need” LEAs are those that “in rank order, have the highest
percentages of economically disadvantaged students in the State…and collectively serve not less
than 50 percent of the State’s total enrollment of students…” (ARP Act § 2004(d)(3)(A)–(B).)
AK DEED’s most recent maintenance of equity data submission to the Department (March
2024) identifies the State’s high-need LEAs consistent with the statutory definition and the
Department’s guidance.
Under the statute, an “overall per-pupil reduction in State funds” is “the amount of any reduction
in the total amount of State funds provided to all LEAs in the State in such fiscal year compared
to the total amount of such funds provided to all LEAs in the State in the previous fiscal year;
divided by the aggregate number of children enrolled in all schools served by all LEAs in the
State in the fiscal year for which the determination is being made.” (ARP Act § 2004(d)(5).) AK
DEED’s most recent data submission of final State data for FY 2022 shows a $205 per-pupil
reduction in overall State funding from FY 2021 to FY 2022. 6 An overall per-pupil reduction in
State funding does not, by itself, constitute non-compliance with the maintenance of equity
requirement. 7 Instead, the maintenance of equity requirement for high-need LEAs protects these
LEAs from disproportionate reductions in State funding. Accordingly, the overall per-pupil
reduction in State funding, $205 for FY 2022, is the maximum per-pupil reduction permitted for
high-need LEAs. The State could have reduced per-pupil funding to any high-need LEA by up to
this amount and still complied with the maintenance of equity requirement for these LEAs. In the
case of the high-need LEA Anchorage School District (Anchorage), the State failed to maintain
equity and violated section 2004(b)(1) of the ARP Act because the per-pupil reduction for
Anchorage ($354) exceeded the State-wide per-pupil reduction, generating a total shortfall of
$6,407,820.
I.A.2. Alaska’s Maintenance of Equity Shortfall for its Highest-Poverty LEAs in FY 2022
In addition to the maintenance of equity requirement for high-need LEAs, the ARP Act includes
a separate requirement for highest-poverty LEAs as identified by the State. (ARP Act
§ 2004(b)(2).) For any such LEA, the ARP Act requires that AK DEED, as a recipient of ARP
ESSER funds, not reduce State funding, calculated on a per-pupil basis in FY 2022 or FY 2023,
below the per-pupil amount the SEA provided to such LEA in FY 2019. The ARP Act defines a
“highest-poverty” LEA at section 2004(d)(2), and the Department’s maintenance of equity
guidance further describes this term and provides examples in FAQ 20.
Consistent with the statute, highest-poverty LEAs are those that, “in rank order, have the highest
percentages of economically disadvantaged students in the State…and collectively serve not less
than 20 percent of the State’s total enrollment of students…” (ARP Act § 2004(d)(2).) In other
words, highest-poverty LEAs are a subset of high-need LEAs and include the LEAs serving the
most economically disadvantaged students in the State. AK DEED’s most recent maintenance of
6
See Appendix 2 for the AK DEED data submission, March 8, 2024, Column AD, Row 60.
7
Similarly, having no overall per-pupil reduction in State funding does not, by itself, constitute compliance with the
maintenance of equity requirement. See Appendix 2 maintenance of equity guidance, FAQ 19, Table 2. If a State
has no overall per-pupil reduction in State funding, then any per-pupil reduction in State funding to a high-need
LEA is a violation of the maintenance of equity requirement.
3
equity data submission to the Department (March 2024) identifies the State’s highest-poverty
LEAs consistent with the statutory definition and the Department’s guidance.
Based on the data submitted by AK DEED, Alaska did not meet the maintenance of equity
requirement in FY 2022 for one of its highest-poverty LEAs, Kenai Peninsula Borough School
District (Kenai) because the per-pupil amount of State funding provided in FY 2022 ($9,812)
was less than the per-pupil amount of State funding provided in FY 2019 ($10,080), generating a
total shortfall of $5,485,666.
Together, the reductions in FY 2022 per-pupil State funding to Anchorage and Kenai total
$11,893,486 in excess of what was permitted under the maintenance of equity requirements.
II. GUIDANCE AND TECHNICAL ASSISTANCE
The Department released maintenance of equity guidance on June 9, 2021, to aid State officials
in understanding section 2004 of the ARP Act and to provide descriptions and examples of how
SEAs could implement the maintenance of equity requirements. 8 Based on input from States and
other considerations, on August 6, 2021, the Department issued a Dear Colleague letter and
revised its guidance, including notable clarifications to FAQ 17 to better describe the funding
sources the SEA must include when determining whether it met the maintenance of equity
requirements. The initial guidance, Dear Colleague letter, and revised guidance were all issued
before AK DEED submitted its final ARP ESSER State Plan and corresponding express
agreement to comply with the maintenance of equity requirements.
The Department made two further updates to this guidance to support States in meeting
maintenance of equity requirements by providing further flexibilities:
• Updates issued on October 1, 2021, included the addition of question 21(a), outlining the
process for submitting a small LEA tolerance proposal. This addition acknowledges the
possibility of volatility in the calculated per-pupil funding amounts for small LEAs
caused by year-over-year changes in student enrollment, which may be unrelated to
whether an SEA has achieved the intent of the requirements. Therefore, a State may
choose to submit a proposal to tolerate a specific year-over-year fluctuation in State
funding for such small LEAs. AK DEED submitted multiple such requests, which
reduced the number of LEAs that did not meet the maintenance of equity requirements. 9
• Updates issued on January 23, 2023, clarified the possible inclusion of U.S. Department
of the Treasury (Treasury) COVID-relief funds in a State’s maintenance of equity
analysis. AK DEED made use of this flexibility and included in its data submission
approximately $3.8 million in Coronavirus Relief Funds received from the Treasury that
the State awarded to certain LEAs, which decreased the amount of the maintenance of
equity shortfall in both FYs 2022 and 2023.
In addition to formal, published guidance applicable to all States, the Department has provided
Alaska substantial State-specific technical assistance to comply with maintenance of equity
requirements, beginning in August 2022. These efforts included holding more than two dozen
8
See Appendix 2 for the Department’s maintenance of equity guidance and the Dear Colleague letter.
9
See Appendix 2 for documents related to AK DEED’s small LEA tolerance proposal.
4
technical assistance calls with State officials, including from AK DEED, the State’s Office of
Management and Budget, and the Alaska State legislature; supporting the State in making
required data submissions; and reviewing and approving multiple requests by AK DEED to
tolerate larger per-pupil spending reductions in the State’s smallest school districts.
III. ENFORCEMENT ACTIONS TO DATE
III.A. High-Risk Designation and Grant Condition
On December 22, 2023, the Department issued a letter to AK DEED, outlining its findings on
AK DEED’s implementation of the maintenance of equity requirements for FY 2022. 10 In this
letter, the Department required AK DEED to provide a plan demonstrating the State’s active
efforts to resolve its non-compliance with the maintenance of equity requirements for its high-
need and highest-poverty LEAs. Additionally, AK DEED was required to provide updated data
that included all State funds required for the maintenance of equity analysis. The Department
notified AK DEED that failure to submit both a plan and the updated data by January 22, 2024,
could result in the Department designating the grant as “high-risk,” adding conditions to the
grant, or taking other enforcement actions. While the State provided final State-level
maintenance of equity data on March 8, 2024, AK DEED did not present a plan describing its
efforts to resolve its non-compliance with the maintenance of equity requirements.
Accordingly, on March 27, 2024, the Department added a condition on Alaska’s ARP ESSER
grant that required AK DEED to demonstrate compliance with the maintenance of equity
requirements; this same letter designated AK DEED’s ARP ESSER grant as “high-risk.” 11 The
Department stated that the “high-risk” designation would be removed if, within 30 days, AK
DEED provided a sufficient plan for resolution of the maintenance of equity non-compliance for
FY 2022 or provided supplemental funds to the affected districts in the amount of the FY 2022
shortfall. We reiterated these expectations in our April 11, 2024, correspondence.
As of July 30, 2024, both the high-risk designation and condition remain on Alaska’s ARP
ESSER grant because Alaska has not met the maintenance of equity requirements for FY 2022
nor has it provided a plan to do so. 12
III.B. Alaska’s Continued Failure to Resolve the Shortfalls in FY 2022
In the months since the Department’s initial enforcement actions, adding a grant condition, and
designating the State’s ARP ESSER grant “high-risk,” AK DEED has not taken sufficient
10
See Appendix 2 for the Department’s letter and additional correspondence discussed in this section.
11
The high-risk designation was made pursuant to the Department’s authority under 2 C.F.R. §§ 200.208 and
3474.10.
12
Though AK DEED has not submitted a sufficient plan for resolving its maintenance of equity non-compliance for
FY 2022, it has offered various arguments for why the ARP Act’s maintenance of equity requirements are
incompatible with Alaska’s education funding system and why certain categories of State funding should be
excluded from the maintenance of equity analysis required by the ARP Act. (See, e.g., AK DEED letter, Apr. 5,
2024.) The Department has rebutted AK DEED’s arguments and consistently expressed the need to AK DEED to
comply with the maintenance of equity requirements. (See, e.g., Department letter, Apr. 11, 2024.) See Appendix 2
for the correspondence between the Department and AK DEED on these issues.
5
measures to resolve its maintenance of equity non-compliance for FY 2022. 13 In contrast, on
May 15, 2024, the Alaska State legislature passed an appropriation for FY 2025 that included
$11,893,500 in supplemental funding for the two LEAs affected by AK DEED’s maintenance of
equity non-compliance in FY 2022. 14 If allocated to the two impacted LEAs (Anchorage and
Kenai), this supplemental funding would have resolved Alaska’s maintenance of equity non-
compliance for FY 2022. Using his authority to line-item veto portions of appropriations bills,
Governor Dunleavy vetoed this supplemental funding on June 28, 2024. As a result, AK DEED
remains non-compliant with the ARP Act’s maintenance of equity requirements for FY 2022.
IV. DETERMINATION OF THE PRINCIPAL DEPUTY ASSISTANT SECRETARY
FOR ELEMENTARY AND SECONDARY EDUCATION
It is my determination that for FY 2022, AK DEED has failed to substantially comply with the
maintenance of equity requirements in section 2004(b) of the ARP Act. These requirements were
a condition of receiving ARP ESSER funds under section 2001 of the ARP Act, which AK
DEED assured it would follow. Specifically, AK DEED violated the maintenance of equity
requirements by reducing State funding to Anchorage School District (by $6,407,820) and Kenai
Peninsula Borough School District (by $5,485,666) for an overall shortfall of $11,893,486 more
than was permitted under the requirement.
Therefore, I am exercising my authority under sections 454(a)(l) and 455 of GEPA (20 U.S.C. §§
1234c(a)(l) and 1234d) to withhold $11,893,486 of Alaska’s ARP ESSER grant award, which is
equal to AK DEED’s shortfall in funding to these LEAs in FY 2022. The next section of this
notice contains important information regarding AK DEED’s opportunity for a hearing on this
withholding action.
As of July 30, 2024, Alaska has approximately $64.6 million in ARP ESSER funds remaining
available for valid obligations. Alaska’s LEAs must retain access to these funds and should
continue to invest them to address students’ needs. As AK DEED makes drawdown requests
under its route payment status, the Department intends to approve valid drawdown requests for
LEAs to maximize the benefits to Alaska’s students. During this withholding, because Alaska
has not resolved its maintenance of equity non-compliance, Alaska assumes responsibility for
any additional reimbursement to LEAs using State funds if the State’s ARP ESSER balance falls
below $11,893,486.
The Department will lift the withholding once AK DEED: 1) provides supplemental funding to
Anchorage School District and Kenai Peninsula Borough School District in amounts equal to the
FY 2022 shortfall or 2) enters into a formal written agreement with the Department; any such
agreement must be signed by August 30, 2024, and must detail the means of remedying the State
funding reductions that affected these two LEAs in FY 2022.
13
Though the subject of this withholding notice is AK DEED’s maintenance of equity non-compliance in FY 2022,
on May 9, 2024, AK DEED offered to resolve its maintenance of equity non-compliance in FY 2023 by making a
supplemental payment to one of four LEAs for which AK DEED impermissibly reduced State funding in FY 2023.
14
See Appendix 2 for the relevant portion of the State appropriations bill and documentation of the Governor’s veto.
6
In addition, under the authority in section 455(a) and (d) of GEPA (20 U.S.C. § 1234d(d)), I also
intend to suspend AK DEED’s authority to obligate the same portion of Alaska’s ARP ESSER
grant pending the finalization of this withholding action. The next section of this notice contains
important information regarding AK DEED’s opportunity to show cause why its authority to
obligate these funds should not be suspended.
V. APPEAL RIGHTS
V.A. Opportunity for a Hearing on the Determination to Withhold Funds
AK DEED may request a hearing on this withholding action. To request a hearing, AK DEED
must file a request for a hearing with the Office of Hearings and Appeals (OHA) in accordance
with the applicable requirements in 34 C.F.R. Part 81. The request for a hearing must be received
by the OHA no later than August 29, 2024.
This hearing is to be held “on a date at least 30 days after the notification has been sent to the
recipient” and is to be conducted in accordance with the rules and procedures prescribed by
sections 451(f) and (g) of GEPA (20 U.S.C. § 1234(f) and (g)) and 34 C.F.R. §§ 81.1–81.20.
If AK DEED does not request a hearing by the specified deadline, this withholding action will
become final.
A request for a hearing should contain the following information: a copy of this notice and
a short and plain statement of the disputed issues of law and fact and your position with respect
to those issues.
All submissions to OHA via the U.S. Postal Service should be sent to the following address:
Office of Hearings and Appeals
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202
All submissions to OHA via hand delivery, private messenger, or other private carrier, should be
sent to the following address:
Office of Hearings and Appeals
U.S. Department of Education
550 12th Street, SW, 10th Floor
Washington, DC 20024
Any Department official whose determination is appealed to the OHA becomes a “party” under
the regulations in 34 C.F.R. Part 81. Therefore, a copy of the hearing request must also be sent
by email to me at Alaska.OESE@ed.gov as a PDF attachment.
7
V.B Opportunity to Show Cause on Why Authority to Obligate Funds Should Not Be
Suspended
AK DEED is entitled to “an opportunity to show cause why . . . authority to obligate Federal
funds should not be suspended.” Section 455(d) of GEPA (20 U.S.C. § 1234d(d)).
If AK DEED wishes to show cause why its authority to obligate $11,893,486 of Alaska’s ARP
ESSER grant funds should not be suspended, AK DEED should file with me a written statement,
including supporting legal arguments and evidence, setting out the reasons why. Supporting
documentation can be appended to this statement if AK DEED so chooses.
I must receive this written statement by August 14, 2024, by email to Alaska.OESE@ed.gov as a
PDF attachment. If a written statement from AK DEED is not received by that date, the
suspension of authority to obligate Federal funds will take effect. If a written statement is
received, I will issue a determination on whether the suspension will take effect.
VI. VOLUNTARY TERMINATION OF GRANT FUNDS
If AK DEED determines that it will not comply with the maintenance of equity requirement for
FY 2022, it may avoid suspension and withholding proceedings by voluntarily terminating
$11,893,486 of Alaska’s ARP ESSER in accordance with 2 C.F.R. § 200.340(a)(4). To do so,
AK DEED must submit a written notification that includes the reasons for the termination, the
effective date, and a clear description of the portion of the grant to be terminated. This
notification must be sent by email to Alaska.OESE@ed.gov as a PDF attachment.
Finally, please note that this termination would not preclude the Department from taking other
appropriate enforcement actions related to AK DEED’s ARP ESSER grant, including additional
enforcement actions related to the State’s non-compliance with maintenance of equity
requirements for FY 2023.
Thank you for your cooperation in the resolution of this matter.
Sincerely,
Adam Schott
Principal Deputy Assistant Secretary
Delegated the Authority to Perform the
Functions and Duties of the Assistant Secretary
Office of Elementary and Secondary Education
8
APPENDIX 1: RELEVANT STATUTORY AND REGULATORY PROVISIONS
American Rescue Plan Act of 2021 (ARP Act)
§ 2005 MAINTENANCE OF EFFORT AND MAINTENANCE OF EQUITY.
The full statute is available online at:
https://www.govinfo.gov/app/details/COMPS-16472.
General Education Provisions Act (GEPA)
§ 451 OFFICE OF ADMINISTRATIVE LAW JUDGES.
§ 454 REMEDIES FOR EXISTING VIOLATIONS.
§ 455 WITHHOLDING.
The full statute is available online at:
https://www.govinfo.gov/app/details/COMPS-732.
2 C.F.R. Part 200
§ 200.208 Specific conditions.
§ 200.340 Termination.
The full Part 200 is available online at:
https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200.
2 C.F.R. Part 3474
§ 3474.10 Clarification regarding 2 CFR 200.207.
The full Part 3474 is available online at:
https://www.ecfr.gov/current/title-2/subtitle-B/chapter-XXXIV/part-3474.
34 C.F.R. Part 81
Subpart A, §§ 81.1–81.20.
The full Part 81 is available online at:
https://www.ecfr.gov/current/title-34/subtitle-A/part-81.
9
APPENDIX 2: SUPPORTING DOCUMENTS
Description Date
Frequently Asked Questions, American Rescue Plan Elementary and
Secondary School Emergency Relief (ESSER) Program, Maintenance of
Equity Requirements.
Available online at: https://oese.ed.gov/files/2023/01/2023-01-23- Jan. 23, 2023
Update_22-0471-moequity-FAQs_Final-Version.pdf
AK DEED Data Submission
Signature page
Available online at: https://oese.ed.gov/files/2024/02/Alaska-FY23- Aug. 7, 2023
Appendix-A-Redacted.pdf.
Final data file
Available online at: https://oese.ed.gov/files/2024/03/Alaska-FY2022- Mar. 8, 2024
and-FY2023-Final-MOEquity-March2024.xlsx.
Grant Award Notification (GAN), “Attachment C: Grant Conditions”
The text of these grant conditions, which include the maintenance of equity Mar. 24, 2021
requirements and were incorporated into the GAN issued to AK DEED, is Nov. 29, 2021
available online at: https://oese.ed.gov/files/2021/03/ARP-ESSER-Grant-
Award-Assurances_FINAL2.pdf
State Plan for the American Rescue Plan Elementary and Secondary School
Emergency Relief Fund
AK DEED’s initial submission is available online at: Jun. 18, 2021
https://oese.ed.gov/files/2021/06/Alaska-ARP-ESSER-State-Plan.pdf.
AK DEED’s final, approved plan is available online at: Aug. 9, 2021
https://oese.ed.gov/files/2021/08/Alaska-ARP-ESSER-State-Plan-Final-
with-Attachments.pdf
“Dear Colleague” Letter
Available online at: https://oese.ed.gov/files/2021/08/21-006207-MOEquity- Aug. 6, 2021
DCL-F08-05-2021-SIGNED.pdf
10
Monitoring letter from the Department to AK DEED regarding compliance
with the maintenance of equity requirement for fiscal year 2022.
Note that the shortfall amounts specified in this letter were later updated
based on corrected data submitted by AK DEED.
Available online at: https://oese.ed.gov/files/2024/04/FINAL-Alaska-FY- Dec. 22, 2023
2022-MOEquity-Monitoring-Finding-Letter_12.22.23.pdf
Letter from the Department to AK DEED regarding AK DEED’s proposed
level of tolerance for certain small local educational agencies.
Note that the shortfall amounts specified in this letter were later updated
based on corrected data submitted by AK DEED.
Available online at: https://oese.ed.gov/files/2024/03/FINAL_Alaska- Mar. 18, 2024
Amended-Small-LEA-Tolerance-Response_3.18.24-1.pdf
Letter from AK DEED to the Department regarding AK DEED’s views on
compliance with the maintenance of equity requirement.
Available online at: https://oese.ed.gov/files/2024/04/03.22.24-Alaska- Mar. 22, 2024
MOEquity-Letter-to-USDOE.pdf
Letter from the Department to AK DEED regarding “high-risk” status and a
condition for AK DEED’s ARP ESSER grant.
Note that the shortfall amounts specified in this letter were later updated
based on corrected data submitted by AK DEED.
Available online at: https://oese.ed.gov/files/2024/04/VERSION-4-3.27.24- Mar. 27, 2024
FINAL-Clean_AK-ARP-ESSER-Grant-Condition_MOEquity-FINAL.pdf
Letter from AK DEED to the Department regarding its views on compliance
with the maintenance of equity requirement and the inclusion of certain State
funds in the analysis.
Available online at: https://oese.ed.gov/files/2024/04/American-Rescue- Apr. 5, 2024
Plan-Act-ARPA-and-Maintenance-of-Equity-MOEquity.pdf
Letter from the Department to AK DEED clarifying the final shortfall
amounts for fiscal years 2022 and 2023, based on corrected data submitted
by AK DEED on Mar. 8, 2024.
Available online at: https://oese.ed.gov/files/2024/04/Response-to-Alaska- Apr. 11, 2024
MOEquity-4.5.24-letter_FINAL.pdf
11
Letter from AK DEED to the Department regarding AK DEED’s views on
its compliance with the maintenance of equity requirement and proposing a
supplemental payment of $327,015 to Fairbanks North Star Borough School
District to resolve a portion of the fiscal year 2023 shortfall.
Available online at: Alaska-MOEquity-May_9_2024.pdf (ed.gov) May 9, 2024
Alaska State Appropriations Act for Fiscal Year 2025, Enrolled HB 268, as
passed by the State legislature on May 15, 2024.
See section 36(f), page 105, which provides funds to resolve the
maintenance of equity shortfall for fiscal year 2022.
Available online at: https://www.akleg.gov/PDF/33/Bills/HB0268Z.PDF May 15, 2024
Alaska Office of Management and Budget, HB 268 Veto Summary.
See line 34, which indicates the Governor’s line-item veto of the funds
intended to resolve the maintenance of equity shortfall for fiscal year
2022.
Available online at: https://omb.alaska.gov/ombfiles/25_budget/PDFs/ Jun. 28, 2024
HB268_FY24_&_FY25_Veto_Summary_6-28-24.pdf
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