Dear Governor Pillen and Commissioner Maher — 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 Jim Pillen and Commissioner of Education Brian L. Maher of Nebraska, responding to the Nebraska 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 for FY 2023, based on the totality of the circumstances.
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“Dear Governor Pillen and Commissioner Maher — 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-a2f95f64e7-c7c60a000b/
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UNITED STATES DEPARTMENT OF EDUCATION
OFFICE OF ELEMENTARY AND SECONDARY EDUCATION
May 10, 2024
The Honorable Jim Pillen
Governor of Nebraska
State Capitol
1526 K Street
Lincoln, NE 68509-4848
The Honorable Brian L. Maher
Commissioner of Education
Nebraska Department of Education
500 S. 84th Street
Lincoln, NE 68510-2611
Dear Governor Pillen and Commissioner Maher:
I am writing in response to the Nebraska 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, Nebraska 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 Nebraska’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 for FY
2023. This determination is based on the totality of the circumstances, including review of
Nebraska’s waiver request and the fiscal burden the State incurred in responding to the COVID-
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 – The Honorable Jim Pillen and Brian L. Maher
19 pandemic; the Department’s application of the statutory requirements; the Department’s
approach to MOE waiver requests as noted in the Frequently Asked Questions document1; and
consideration of the impact on students.
Based on the information submitted, Nebraska failed to meet the FY 2023 MOE requirement for
elementary and secondary education by 2.58 percentage points (a $106.5 million shortfall).
Nebraska noted that the decrease in proportional education spending was due to increases in
overall State spending on health care, correctional services, and aid to local governments.
In determining whether to grant a State an MOE waiver, we may consider factors such as
increased State support for education. Nebraska submitted data showing it increased overall
support for elementary and secondary education from an average of $1,317,578,466 in the
baseline years to $1,427,464,462 in FY 2023. Nebraska also increased FY 2023 per-pupil
spending compared to the baseline for elementary and secondary education by 6.2 percent, or
$268 per student. Finally, Nebraska demonstrated a commitment to State support for elementary
and secondary education beyond FY 2023 including $333 million in supplemental spending in
FY 2024, as noted in the State’s waiver request.2 This supplemental appropriation is larger than
Nebraska’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 Nebraska State mailbox at Nebraska.OESE@ed.gov.
Sincerely,
aura Jimenez
Jimenez 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://oese.ed.gov/files/2024/04/Nebraska-ARPA-MOE-Waiver-Final-Signed-1.pdf
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