Alaska — United States Department of Education to the Honorable Deena M. Bishop (September 13, 2024)
Summary
A letter dated September 13, 2024 from the U.S. Department of Education's Office of Elementary and Secondary Education to Commissioner Deena M. Bishop of the Alaska Department of Education and Early Development, following up on a finding letter of July 16, 2024. Because no response was received by the requested August 15, 2024 date, the letter says the Department intends to withhold an additional $5,556,632 from remaining American Rescue Plan ESSER funds, equal to the amount by which per-pupil State funding was reduced to four districts in fiscal year 2023. A footnote puts the fiscal year 2022 shortfall at $11,893,486. The letter says Alaska received nearly $359 million in ARP ESSER funds and that less than one month remains in the fund period.
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“Alaska — United States Department of Education to the Honorable Deena M. Bishop (September 13, 2024).”
Original at www.ed.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/department-of-education-9-13-2024-used-www-ed-gov-9a9296c225-62ceac08fd/
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UNITED STATES DEPARTMENT OF EDUCATION
OFFICE OF ELEMENTARY AND SECONDARY EDUCATION
September 13, 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:
I am writing to follow up on the finding letter sent to the Alaska Department of Education and
Early Development (AK DEED) on July 16, 2024, which addressed Alaska’s non-compliance
with the fiscal year (FY) 2023 maintenance of equity requirements under the American Rescue
Plan Act of 2021 (ARP Act). The letter requested a response by August 15, 2024; having not
received one, and given Alaska’s continued non-compliance with these requirements, I intend to
withhold 1 an additional $5,556,632 from any remaining ARP Elementary and Secondary School
Emergency Relief (ESSER) funds awarded to AK DEED by the U.S. Department of Education
(Department). This withholding equals the amount by which per-pupil State funding was reduced
to four high-need or highest-poverty local educational agencies (LEAs) during FY 2023. 2
Alaska is the only State that has not complied with these statutory, non-waivable requirements
for FY 2022 and one of just two States to have not met the corresponding FY 2023 requirements.
In receiving nearly $359 million in ARP ESSER funds, AK DEED assured it would meet these
requirements. 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 the maintenance of equity requirements 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 five months.
With less than one month remaining in the ARP Act’s fund period, the Department must now
take additional steps to ensure the State’s compliance.
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
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 2023. Maintenance of equity requirements also apply to
FY 2022, for which the State’s shortfall is $11,893,486.
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.
to demonstrate how these supplemental payments will occur by a certain date. Any such
agreement will help ensure that ARP ESSER funds continue to support 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 requirements.
I. ALASKA'S FAILURE TO IMPLEMENT MAINTENANCE OF EQUITY
REQUIREMENTS IN FY 2023
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 2023
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
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).)
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
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 2023 shows a $27 per-pupil
reduction in overall State funding from FY 2022 to FY 2023. 6 An overall per-pupil reduction in
State funding does not, by itself, constitute non-compliance with the maintenance of equity
requirements. 7 Instead, the maintenance of equity requirements for high-need LEAs protects
these LEAs from disproportionate reductions in State funding. Accordingly, the overall per-
pupil reduction in State funding, $27 for FY 2023, 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 requirements for these
LEAs.
Based on the data submitted by AK DEED, Alaska did not meet the maintenance of equity
requirements in FY 2023 for three high-need 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 ($32) exceeded the State-wide
per-pupil reduction, resulting in a shortfall of $215,187. In the case of the high-need LEA
Fairbanks North Star Borough School District (Fairbanks), the State failed to maintain equity and
violated section 2004(b)(1) of the ARP Act because the per-pupil reduction for Fairbanks ($245)
exceeded the State-wide per-pupil reduction, generating a shortfall of $2,756,426. In the case of
the high-need LEA Juneau Borough School District (Juneau), the State failed to maintain equity
and violated section 2004(b)(1) of the ARP Act because the per-pupil reduction for Juneau ($48)
exceeded the State-wide per-pupil reduction, generating a shortfall of $90,148. These three
LEAs’ reductions resulted in a total shortfall of $3,061,761.
I.A.2. Alaska’s Maintenance of Equity Shortfall for its Highest-Poverty LEAs in FY 2023
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 in section 2004(d)(2), and the Department’s maintenance of equity
guidance further describes this term and provides examples in FAQ 20.
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 requirements. 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 requirements.
3
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
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
requirements in FY 2023 for one of its highest-poverty LEAs, Kenai Peninsula Borough School
District (Kenai), because the per-pupil amount of State funding provided in FY 2023 ($9,782)
was less than the per-pupil amount of State funding provided in FY 2019 ($10,080), generating a
total shortfall of $2,494,871.
Together, the reductions in FY 2023 per-pupil State funding to Anchorage, Fairbanks, Juneau,
and Kenai total $5,556,632 in excess of what is 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 FAQ 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 for which Alaska 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
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
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
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 for FY 2022. 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. 12
On July 16, 2024, the Department issued a letter to AK DEED outlining its findings on AK
DEED’s implementation of the maintenance of equity requirements for FY 2023. 13 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 for FY 2023. The Department notified AK DEED that failure to submit a
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
See Appendix 2 for the Department’s letter and additional correspondence discussed in this section.
13
See Appendix 2 for the Department’s letter and additional correspondence discussed in this section.
5
plan by August 15, 2024, could result in the Department adding additional conditions to the
grant, or taking additional enforcement actions. To date, AK DEED has not fulfilled this request.
As of September 13, 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 or
FY 2023, nor has it provided a plan to do so. 14
III.B. Alaska’s Continued Failure to Resolve the Shortfalls in FY 2022 and FY 2023
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
measures to resolve its maintenance of equity non-compliance for FY 2022. 15 In contrast, on
May 15, 2024, the Alaska State legislature passed an appropriation for FY 2025 that included
$11,893,486 in supplemental funding for the two LEAs affected by AK DEED’s maintenance of
equity non-compliance in FY 2022 and would have resolved Alaska’s maintenance of equity
non-compliance for FY 2022. 16 Using his line-item veto authority, Governor Dunleavy vetoed
this supplemental funding on June 28, 2024. AK DEED has likewise not responded to the
finding issued on July 16, 2024, for FY 2023 maintenance of equity non-compliance. As a result,
AK DEED remains non-compliant with the ARP Act’s maintenance of equity requirements for
both FY 2022 and FY 2023.
IV. DETERMINATION OF THE PRINCIPAL DEPUTY ASSISTANT SECRETARY
FOR ELEMENTARY AND SECONDARY EDUCATION
It is my determination that for FY 2023, 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 $215,187, Fairbanks
North Star Borough School District by $2,756,426, Juneau Borough School District by $90,148,
and Kenai Peninsula Borough School District by $2,494,871 for an overall shortfall of
$5,556,632 more than was permitted under the requirements.
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 $5,556,632 of Alaska’s ARP ESSER grant award, which is
equal to AK DEED’s shortfall in funding to these LEAs in FY 2023. The next section of this
14
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.
15
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.
16
See Appendix 2 for the relevant portion of the State appropriations bill and documentation of the Governor’s veto.
6
notice contains important information regarding AK DEED’s opportunity for a hearing on this
withholding action.
As of September 13, 2024, Alaska has approximately $31.9 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. 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 $17,450,118, the total withholding from FY 2022 ($11,893,486) and
FY 2023 ($5,556,632) non-compliance.
The Department will lift the FY 2023 withholding once AK DEED: 1) provides supplemental
funding to Anchorage School District, Fairbanks North Star Borough School District, Juneau
Borough School District, and Kenai Peninsula Borough School District in amounts equal to the
FY 2023 shortfall or 2) enters into a formal written agreement with the Department. Any such
agreement must detail the means of remedying the State funding reductions that affected these
four LEAs in FY 2023.
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 October 15, 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 October 15, 2024, 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.
7
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.
V.B Opportunity to Show Cause 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 $5,556,632 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 September 30, 2024, by email to the State mailbox,
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 requirements for
FY 2023, it may avoid suspension and withholding proceedings by voluntarily terminating
$5,556,632 of Alaska’s ARP ESSER grant award 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.
8
Finally, this termination does not preclude the Department from taking other appropriate
enforcement actions related to AK DEED’s ARP ESSER grant.
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
9
APPENDIX 1: RELEVANT STATUTORY AND REGULATORY PROVISIONS
American Rescue Plan Act of 2021 (ARP Act)
§ 2004 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.
10
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
11
Monitoring letter from the Department to AK DEED regarding compliance
with the maintenance of equity requirements 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 requirements.
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 requirements 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
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Letter from AK DEED to the Department regarding AK DEED’s views on
its compliance with the maintenance of equity requirements 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/ June 28, 2024
HB268_FY24_&_FY25_Veto_Summary_6-28-24.pdf
Monitoring letter from the Department to AK DEED regarding compliance July 16, 2024
with the maintenance of equity requirements for fiscal year 2023.
Available online at: https://oese.ed.gov/files/2024/07/FINAL-Alaska-FY-
2023-MOEquity-Monitoring-Finding-Letter_July-2024.pdf
Letter from the Department to AK DEED regarding intent to withhold funds July 30, 2024
for FY 2022 non-compliance.
Available online at: https://oese.ed.gov/files/2024/07/Alaska-MOEq-FY22-
Withholding-July_30_2024-FINAL.pdf
Note: After September 18, 2024, correspondence to and from AK DEED may not be available at
the web links listed above due to a migration of the Department's public website. If you have
problems with the above links, an archived copy of our website, including the correspondence
listed above, is available here https://1edprod.ed.gov/grants-and-programs/response-
programs/elementary-and-secondary-school-emergency-relief-fund#Home
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