United States Department of Education to the Honorable Jim Justice, Governor of West Virginia (April 18, 2024)

Summary

This is a letter dated April 18, 2024 from the Office of Elementary and Secondary Education at the United States Department of Education to Governor Jim Justice and State Superintendent Michele L. Blatt of West Virginia, responding to the West Virginia Department of Education's February 20, 2024 request for a waiver of the fiscal year (FY) 2023 maintenance of effort (MOE) requirements under the American Rescue Plan Act of 2021. The letter states that it approves the request to waive the MOE requirements for elementary and secondary education and higher education. It states that West Virginia failed to meet the FY 2023 requirement for elementary and secondary education by 6.95 percentage points (a $397.6 million shortfall) and for higher education by 0.87 percentage points (a $22.9 million shortfall).

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“United States Department of Education to the Honorable Jim Justice, Governor of West Virginia (April 18, 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-e3cb0d1959-9166c8f990/, SHA-256 53e58703a5515afb03f5071dc3785902db240f2e1a30919e0d732b6257d9e2b4.

Full text

                           UNITED STATES DEPARTMENT OF EDUCATION
                                OFFICE OF ELEMENTARY AND SECONDARY EDUCATION




                                                    April 18, 2024

The Honorable Jim Justice
Governor of West Virginia
State Capitol
1900 Kanawha Boulevard East
Charleston, WV 25305

The Honorable Michele L. Blatt
State Superintendent of Schools
West Virginia Department of Education
1900 Kanawha Boulevard East
Charleston, WV 25305

Dear Governor Justice and Superintendent Blatt:

I am writing in response to the West Virginia Department of Education’s (WVDOE) February
20, 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, West Virginia 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 West Virginia’s
request to waive the MOE requirements section 2004(a)(1) of the ARP Act with respect to State
support for elementary and secondary education and higher 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 West Virginia’s waiver request and the fiscal burden the
State incurred in responding to the COVID-19 pandemic; the Department’s application of the

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                                              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 Justice


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, West Virginia failed to meet the FY 2023 MOE
requirement for elementary and secondary education by 6.95 percentage points (a $397.6 million
shortfall) and for higher education by 0.87 percentage points (a $22.9 million shortfall). West
Virginia noted that the decrease in proportional education spending was due to an increase in
overall State spending on health care.

In determining whether to grant a State an MOE waiver, the Secretary may consider factors such
as increased State support for education. West Virginia submitted data showing it increased
overall support for elementary and secondary education from an average of $2,082,961,475 in
the baseline years to $2,133,443,840 in FY 2023. Data submitted by the State also shows an
increase in overall support for higher education from an average of $447,224,048 in the baseline
years to $496,436,268 in FY 2023. West Virginia also increased FY 2023 per-pupil spending
compared to the baseline for both elementary and secondary education (9.6 percent or $743 per
student) and higher education (31.1 percent or $1,979 per student).

West Virginia also demonstrated a commitment to State support for elementary and secondary
education in future fiscal years2 including $273.7 million in supplemental spending in FY 2024
and an additional $148.6 million in FY 2025. West Virginia also increased State support for
higher education in FY 20243 by $146 million including for dual enrollment programs,
postsecondary students in foster care, and postsecondary medical education. These supplemental
appropriations are larger than the FY 2023 MOE gaps for both elementary and secondary and
higher education.

Thank you for your ongoing commitment to education. If you have any questions, please contact
the West Virginia State mailbox at: WestVirginia.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://www.wvlegislature.gov/Bill_Status/bills_history.cfm?INPUT=200&year=2024&sessiontype=RS
3
  https://www.wvlegislature.gov/Bill_Status/bills_history.cfm?INPUT=650&year=2024&sessiontype=RS
https://www.wvlegislature.gov/Bill_Status/bills_history.cfm?INPUT=877&year=2024&sessiontype=RS
https://www.wvlegislature.gov/Bill_Text_HTML/2023_SESSIONS/RS/bills/hb2024%20sub%20enr.pdf

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