Waiver Approved — Department of Education Letter to Washington (July 31, 2023)

Summary

A letter dated July 31, 2023 from the Office of Elementary and Secondary Education, United States Department of Education, to Governor Jay Inslee and State Superintendent Chris Reykdal of Washington. It responds to the December 17, 2021, request from the Washington State Office of Financial Management for a waiver of maintenance of effort requirements in section 317(a) of the CRRSA Act and section 2004(a)(1) of the ARP Act. The letter states that the Department approves the request for FY 2022, and that, based on Washington's submission, the State failed to meet the requirements by approximately 2.4 percentage points ($575 million). It also states that the Department will not be acting on the request for a waiver for FY 2023 at this time.

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“Waiver Approved — Department of Education Letter to Washington (July 31, 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-e0ca7f8eae-3dee461c90/, SHA-256 90655ef7133c2165b9ee0c0053440a178099e1662d71b73d0c79095276551c97.

Full text

                            UNITED STATES DEPARTMENT OF EDUCATION
                                 OFFICE OF ELEMENTARY AND SECONDARY EDUCATION




                                                    July 31, 2023

The Honorable Jay Inslee
Governor of Washington
P.O. Box 40002
Olympia, WA 98504

The Honorable Chris Reykdal
State Superintendent of Public Instruction
Old Capitol Building
600 Washington St., S.E.
Olympia, WA 98504

Dear Governor Inslee and Superintendent Reykdal:

I am writing in response to the December 17, 2021, request from the Washington State Office of
Financial Management (OFM) 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, Washington 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.”



                                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


Under the authority of section 2004(a)(2) of the ARP Act, I am approving Washington’s request
to waive the MOE requirements in section 317(a) of the CRRSA Act and section 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 Washington’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, Washington made increased investments in elementary and
secondary education in FY 2022. Specifically, Washington increased State support for
elementary and secondary education overall and on a per-pupil basis in FY 2022 compared to the
baseline years. Additionally, per-pupil support for elementary and secondary education in
FY 2022 increased at a rate that exceeded the growth in overall State expenditures.

Despite these facts, based on Washington’s submission, the State failed to meet MOE
requirements by approximately 2.4 percentage points ($575 million) in FY 2022, compared with
the baseline years. Washington represents that the decrease in proportional education spending
was driven by increased State spending on health care, housing and rental assistance, and other
COVID response activities.

Considering the totality of the circumstances, including the State’s support for elementary and
secondary education in FY 2022 overall and on a per-pupil basis compared to the baseline years,
as well as the State’s demonstration of fiscal burdens incurred in responding to the coronavirus
pandemic, the Department approves Washington’s request for a waiver of the aforementioned
MOE requirements for FY 2022.

Finally, the Department will not be acting on the State’s request for a waiver of the MOE
requirements for FY 2023 at this time. We strongly encourage the State to take additional steps
to further the State’s commitment to elementary and secondary education in FY 2023.

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

                                                  Sincerely,
aura Jimenez
                                                  Laura Jimenez


                                                  Laura Jimenez
                                                  Director, Office of State and Grantee Relations

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