United States Department of Education to the Honorable Josh Shapiro, Governor of Pennsylvania (November 14, 2023)

Summary

A letter dated November 14, 2023 from the U.S. Department of Education's Office of Elementary and Secondary Education, signed by Laura Jimenez, to Josh Shapiro, Governor, and Khalid N. Mumin, Secretary, of Pennsylvania. It responds to Pennsylvania's April 24, 2023 request for a waiver of the maintenance of effort requirements in the CRRSA Act and the American Rescue Plan Act of 2021. It says that based on the State's submission Pennsylvania missed the fiscal year 2022 requirement by approximately 0.98 percentage points, or $187 million. Citing a $567 million increase to the Basic Education Funding Formula in the fiscal year 2023 budget and the State's fiscal burdens in responding to the pandemic, the Department approves the waiver for fiscal year 2022.

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“United States Department of Education to the Honorable Josh Shapiro, Governor of Pennsylvania (November 14, 2023).” Original at www.ed.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/department-of-education-fy-2022-waiver-approved-www-ed-gov-9e476cd586-9ce9b78fa2/, SHA-256 19c28b4c95539508c62b80b0216c28a047351d4c695446cfa3645c17a078dbc7.

Full text

                            UNITED STATES DEPARTMENT OF EDUCATION
                                 OFFICE OF ELEMENTARY AND SECONDARY EDUCATION




                                                November 14, 2023

The Honorable Josh Shapiro
Governor of Pennsylvania
508 Main Capitol Building
Harrisburg, PA 17120

The Honorable Khalid N. Mumin
Secretary of Education
Pennsylvania Department of Education
333 Market Street
Harrisburg, PA 17126

Dear Governor Shapiro and Secretary Mumin:

I am writing in response to the April 24, 2023, request from the Pennsylvania Department of
Education to the U.S. Department of Education (Department) for a waiver of the maintenance of
effort (MOE) requirements in section 317(a) of the Coronavirus Response and Relief
Appropriations Act, 2021 (CRRSA Act) and section 2004(a)(1) of the American Rescue Plan
Act of 2021 (ARP Act). As a condition of receiving CRRSA Act and ARP Act pandemic relief
funds under the Education Stabilization Fund, Pennsylvania assured it would maintain effort for
both elementary and secondary education and higher education in each of fiscal years (FYs)
2022 and 2023.

More specifically, for FY 2022, section 317(a) of the CRRSA Act requires a State that receives
Elementary and Secondary School Emergency Relief funds (ESSER II), Governor’s Emergency
Education Relief funds (GEER II), and funds for the Emergency Assistance to Non-Public
Schools (EANS) program to: 1) maintain State support for elementary and secondary education
at least at the proportional level of the State’s support for elementary and secondary education
relative to the State’s overall spending, averaged over FYs 2017, 2018, and 2019; and
2) maintain State support for higher education at least at the proportional level of the State’s
support for higher education relative to the State’s overall spending, averaged over FYs 2017,
2018, and 2019. This MOE requirement also applies to ARP ESSER funds and Section
2004(a)(2) of the ARP Act allows the Department to grant a waiver of the MOE requirements
“for the purpose of relieving fiscal burdens incurred by States in preventing, preparing for, and
responding to the coronavirus.”

Under the authority of section 2004(a)(2) of the ARP Act, I am approving Pennsylvania’s
request to waive the MOE requirements in section 317(a) of the CRRSA Act and section

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   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


2004(a)(1) of the ARP Act with respect to State support for elementary and secondary education
to relieve fiscal burdens incurred by the State for FY 2022.

As indicated in the Department’s Frequently Asked Questions document, the Department’s
approach to MOE waiver requests is rooted in consideration of the impact on students. In
reviewing Pennsylvania’s request for a waiver, the Department considered all information and
data included, as well as the totality of the circumstances. Based on the information submitted,
the Department determined that, consistent with the Department’s interest in a State’s
commitment to education spending, Pennsylvania made increased investments in elementary and
secondary education in FY 2022. Specifically, Pennsylvania increased State support for
elementary and secondary education overall and on a per-pupil basis in FY 2022 compared to the
baseline years.

Despite these facts, based on Pennsylvania’s submission, the State failed to meet MOE
requirements by approximately 0.98 percentage points ($187 million) in FY 2022, compared
with the baseline years. The decrease in proportional education spending was driven by increases
in health and human services spending, State investments in industries impacted by the pandemic
like tourism, and increased hiring of State personnel in law enforcement and correctional
facilities to implement COVID protocols.

Considering the totality of the circumstances, including the State’s ongoing commitment to
support elementary and secondary education through a $567 million increase to the Basic
Education Funding Formula in the State’s enacted FY 2023 budget, as well as the State’s
demonstration of fiscal burdens incurred in responding to the coronavirus pandemic, the
Department determined that approval of the waiver for purposes of the FY 2022 requirements is
appropriate.

Thank you for your ongoing commitment to education. If you have any questions, please contact
the Pennsylvania State mailbox at: Pennsylvania.OESE@ed.gov.

                                                 Sincerely,
aura Jimenez
                                                 Laura Jimenez


                                                 Laura Jimenez
                                                 Director, Office of State and Grantee Relations

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Original: www.ed.gov