Dear Governor Little and Superintendent Critchfield — Waiver of the Maintenance of Effort (July 29, 2024)
Summary
A letter dated July 29, 2024 from the Office of Elementary and Secondary Education, United States Department of Education, to Governor Brad Little and Superintendent Debbie Critchfield of Idaho. It responds to the Idaho Department of Education's May 10, 2024, request for a waiver of the fiscal year (FY) 2023 maintenance of effort requirements under the American Rescue Plan Act of 2021. The letter states that, under section 2004(a)(2), the Department is approving the waiver with respect to State support for higher education for FY 2023. It states that Idaho failed to meet the requirement for higher education by 0.64 percentage points (a $9.7 million shortfall).
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“Dear Governor Little and Superintendent Critchfield — Waiver of the Maintenance of Effort (July 29, 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-e83f50b45e-f281bd6196/
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UNITED STATES DEPARTMENT OF EDUCATION
OFFICE OF ELEMENTARY AND SECONDARY EDUCATION
July 29, 2024
The Honorable Brad Little
Governor of Idaho
State Capitol
P.O. Box 83720
Boise, ID 83720
The Honorable Debbie Critchfield
Superintendent of Public Instruction
Idaho State Board of Education
650 W. State Street
Boise, ID 83702
Dear Governor Little and Superintendent Critchfield:
I am writing in response to the Idaho Department of Education’s May 10, 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 School Emergency Relief (ESSER) funds under
the ARP Act, Idaho 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 Idaho’s request to waive the
MOE requirements in section 2004(a)(1) of the ARP Act with respect to State support for 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 Idaho’s waiver request and the fiscal burden the State
incurred in responding to the COVID-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; and consideration of the impact on students.
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.
Based on the information submitted, Idaho failed to meet the FY 2023 MOE requirement for higher
education by 0.64 percentage points (a $9.7 million shortfall). Idaho noted that the decrease in
proportional higher education spending was due to an increase in overall State spending on broadband
connectivity improvements, public health services, water supply and sewage treatment plant upgrades,
and transportation and infrastructure projects to support the influx of new residents from neighboring
States during the COVID-19 pandemic.
In determining whether to grant a State an MOE waiver, we may consider multiple factors such as
increased State support for education. Idaho submitted data showing it increased overall support for
higher education from an average of $345,377,533 in the baseline years to $421,227,500 in FY 2023.
Idaho also increased FY 2023 per-pupil spending for higher education by 20 percent, or $1,402 per
student, compared to the baseline. Finally, Idaho demonstrated a commitment to State support for higher
education beyond FY 2023 by appropriating an increase of $32 million in higher education funding in
FY 2024, as noted in the State’s waiver request. This increase in higher education appropriations is
larger than Idaho’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 Idaho’s
State mailbox at Idaho.OESE@ed.gov.
Sincerely,
aura Ji
Laura Jimenez z
Laura Jimenez
Director, Office of State and Grantee Relations
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