Dear Governor Landry and Superintendent Brumley — Waiver of the Maintenance of Effort (September 3, 2024)

Summary

Laura Jimenez, Director of the Office of State and Grantee Relations, writes on September 3, 2024 to Governor Jeff Landry and State Superintendent Cade Brumley that the Department is approving Louisiana's May 16, 2024 request to waive the FY 2023 maintenance of effort requirement for elementary and secondary education. Louisiana missed the requirement by 2.5 percentage points, or $387.5 million, which it tied to pandemic-related enrollment declines that cut Minimum Foundation Program funding and to higher State spending on Medicaid, other health services and corrections. The Department points to support rising by $301 million, from an average of $3,698,539,656 to $3,999,555,976, and to a $224 million increase in State aid in FY 2024 that includes staff stipends and a Differentiated Compensation Program.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Dear Governor Landry and Superintendent Brumley — Waiver of the Maintenance of Effort (September 3, 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-df70bb28d8-533a1f690b/, SHA-256 9d906b186cfb4f83f951e0ce4bee8e0425ccae75aa3aa6bb661c45498ceb1041.

Full text

                                UNITED STATES DEPARTMENT OF EDUCATION
                                     OFFICE OF ELEMENTARY AND SECONDARY EDUCATION




                                                 September 3, 2024

The Honorable Jeff Landry
Governor of Louisiana
Office of the Governor
PO Box 94004
Baton Rouge, LA 70804

The Honorable Cade Brumley
State Superintendent of Education
Louisiana Department of Education
1201 North Third Street
Baton Rouge, LA 70802

Dear Governor Landry and Superintendent Brumley:

I am writing in response to the Louisiana Department of Education’s May 16, 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, Louisiana assured it would maintain effort, as defined in the ARP Act, for both
elementary and secondary education and higher education in 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 Louisiana’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
Louisiana’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 – Governor Landry and Superintendent Brumley


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 document;1 and
consideration of the impact on students.

Based on the information submitted, Louisiana failed to meet the FY 2023 MOE requirement for
elementary and secondary education by 2.5 percentage points (a $387.5 million shortfall).
Louisiana noted the decrease in proportional education spending was due to pandemic-related
enrollment declines, which reduced the amount of funding available through the Minimum
Foundation Program (MFP), the State’s primary education funding formula. Louisiana also noted
the effects of the pandemic necessitated additional increases in overall State spending for
Medicaid, other health services, and correctional system services.

In determining whether to grant a State an MOE waiver, we may consider factors such as
increased State support for education. Louisiana submitted data showing it increased overall
support for elementary and secondary education by $301 million, from an average of
$3,698,539,656 in the baseline years to $3,999,555,976 in FY 2023. Louisiana also increased
FY 2023 per-pupil spending for elementary and secondary education by four percent, or $201
per student, compared to the baseline years. Finally, Louisiana increased State aid for elementary
and secondary education in FY 2024 by $224 million. This included increased stipends for
certificated and support staff, a Differentiated Compensation Program to provide funding for
educator recruitment and retention efforts, an apprenticeship program for students, and
supplemental funding for the MFP.

Thank you for your ongoing commitment to education. If you have any questions, please contact
Louisiana’s State mailbox at Louisiana.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

File and source

File: department-of-education-fy-2023-waiver-approved-www-ed-gov-df70bb28d8.pdf
Size: 146,468 bytes
SHA-256: 9d906b186cfb4f83f951e0ce4bee8e0425ccae75aa3aa6bb661c45498ceb1041
Our copy: department-of-education-fy-2023-waiver-approved-www-ed-gov-df70bb28d8.pdf
Original: www.ed.gov