Dear Governor Sununu and Commissioner Edelblut — Waiver of the Maintenance of Effort (May 10, 2024)
Summary
This is a letter dated May 10, 2024 from the Office of Elementary and Secondary Education at the United States Department of Education to Governor Chris Sununu and Education Commissioner Frank Edelblut of New Hampshire, responding to the New Hampshire Department of Education's March 15, 2024 request for a waiver of the fiscal year (FY) 2023 maintenance of effort (MOE) requirements under the American Rescue Plan Act of 2021. It describes section 2004(a)(1) of the Act as requiring a State receiving ARP ESSER funds to maintain State support at a proportional level averaged over FYs 2017, 2018, and 2019. The letter states that, under section 2004(a)(2), the writer is approving the request to waive the MOE requirements for elementary and secondary education to relieve fiscal burdens incurred by the State in FY 2023, based on the totality of the circumstances.
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“Dear Governor Sununu and Commissioner Edelblut — Waiver of the Maintenance of Effort (May 10, 2024).”
Original at www.ed.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/department-of-education-fy-2023-waiver-approved-www-ed-gov-33aebf2ae6-c39b7f0651/
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UNITED STATES DEPARTMENT OF EDUCATION
OFFICE OF ELEMENTARY AND SECONDARY EDUCATION
May 10, 2024
The Honorable Chris Sununu
Governor of New Hampshire
State House
107 North Main Street
Concord, NH 03301
The Honorable Frank Edelblut
Education Commissioner
New Hampshire Department of Education
25 Hall Street
Concord, NH 03301
Dear Governor Sununu and Commissioner Edelblut:
I am writing in response to the New Hampshire Department of Education’s March 15, 2024,
request to the U.S. Department of Education (Department) for a waiver of the fiscal year (FY)
2023 maintenance of effort (MOE) requirements under the American Rescue Plan Act of 2021
(ARP Act).
As a condition of receiving Elementary and Secondary Emergency Relief (ESSER) funds under
the ARP Act, New Hampshire assured it would maintain effort, as defined in the ARP Act, for
both elementary and secondary education and higher education in each of FYs 2022 and 2023.
More specifically, for each FY, section 2004(a)(1) of the ARP Act requires a State that receives
ARP ESSER funds to maintain State support for: 1) 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) 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. 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 New Hampshire’s
request to waive the MOE requirements in 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 in FY 2023. This determination is based on the totality of the circumstances, including
review of New Hampshire’s waiver request and the fiscal burden the State incurred in
responding to the COVID-19 pandemic; the Department’s application of the statutory
400 MARYLAND AVE., SW, WASHINGTON, DC 20202
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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 – The Honorable Chris Sununu and Frank Edelblut
requirements; the Department’s approach to MOE waiver requests as noted in the Frequently
Asked Questions document;1 and consideration of the impact on students.
Based on the information submitted, New Hampshire failed to meet the FY 2023 MOE
requirement for elementary and secondary education by 4.7 percentage points (a $121 million
shortfall). New Hampshire noted that the decrease in proportional education spending was due to
increases in overall State spending on services to address addiction, child protection, and mental
health. The State also increased the reimbursement rate for Medicaid program providers.
In determining whether to grant a State an MOE waiver, we may consider factors such as
increased State support for education. New Hampshire submitted data showing it increased
overall support for elementary and secondary education from an average of $958,600,000 in
the baseline years to $1,002,797,000 in FY 2023. New Hampshire also increased per-pupil
spending in FY 2023 compared to the baseline for elementary and secondary education by 11
percent, or $589 per student. Finally, New Hampshire demonstrated a commitment to State
support for elementary and secondary education beyond FY 2023 including a $525 million
increase in the State’s operating budget for elementary and secondary education in FY 2024
compared to FY 2023.2 This increase is larger than New Hampshire’s shortfall for FY 2023 as
calculated under the ARP Act MOE requirement.
Thank you for your ongoing commitment to education. If you have any questions, please
contact the New Hampshire State mailbox at NewHampshire.OESE@ed.gov.
Sincerely,
Laura Jimenez
Laura Jimenez
Director, Office of State and Grantee Relations
1
https://oese.ed.gov/files/2022/09/8.15.22-Update_MOE-Chart-with-waiver-FAQs-Rounding-and-Appendices-
Updated1.pdf
2
https://www.gencourt.state.nh.us/lba/budget/operating_budgets/2024-
2025/House_Finance/HB%201%20Chapter%20Law%20Combined.pdf
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