Appendix C: MOE Waiver Request — North Dakota

Summary

This is Appendix C: MOE Waiver Request, a form for requesting a waiver of State maintenance of effort (MOE) requirements, filled in for North Dakota. The checked items are the FY 2022 and FY 2023 MOE requirements for higher education under section 317(a) of the CRRSA Act and section 2004(a) of the ARP Act. The data table shows State support for elementary and secondary education of $959,661,853 in FY 2017 and $1,069,110,851 in FY 2023, State support for higher education of $368,970,001 in FY 2017 and $355,854,298 in FY 2023, and overall State spending of $2,760,305,878 in FY 2017 and $2,834,290,233 in FY 2023.

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Full text

                                    Appendix C: MOE Waiver Request
This form must be used for the submission of a request for a waiver of the requirements noted below. For assistance,
please contact your State mailbox, which is [State].oese@ed.gov .
      North Dakota
State __________________________________
On behalf of my State, I request a waiver of the following State maintenance of effort (MOE) requirements for the
following fiscal years:

Please check all that apply:

       FY 2020 MOE requirement for elementary and secondary education under section 18008 of the CARES Act.
       FY 2020 MOE requirement for higher education under section 18008 of the CARES Act.
       FY 2021 MOE requirement for elementary and secondary education under section 18008 of the CARES Act.
       FY 2021 MOE requirement for higher education under section 18008 of the CARES Act.
       FY 2022 MOE requirement for elementary and secondary education under section 317(a) of the CRRSA Act and
        section 2004(a) of the ARP Act.
 
 ✔      FY 2022 MOE requirement for higher education under section 317(a) of the CRRSA Act and section 2004(a) of
        the ARP Act.
       FY 2023 MOE requirement for elementary and secondary education under section 2004(a) of the ARP Act.
 
 ✔      FY 2023 MOE requirement for higher education under section 2004(a) of the ARP Act.

Data for State support and overall State spending

A State must resubmit the baseline data for FYs 2017, 2018, and 2019 (baseline years) as part of this MOE waiver
request. If these baseline data differ from a State’s previously submitted data, please provide a description of the reason
for the change. Additionally, a State must submit MOE data for the years in which it is requesting this waiver.

                                State support for              State support for higher          Overall State spending
                                elementary and secondary       education                         *
                                education
          FY 2017               $ 959,661,853                  $ 368,970,001                     $ 2,760,305,878
          FY 2018               $ 953,471,476                  $ 312,898,390                     $ 2,463,747,421
          FY 2019               $ 964,942,564                  $ 312,898,390                     $ 2,479,675,508
          FY 2020               $ 996,462,217                  $ 330,258,903                     $ 2,580,592,939
          FY 2021               $ 1,101,740,212                $ 330,258,903                     $ 2,562,326,339
          FY 2022               $ 1,052,714,149                $ 341,899,228                     $ 2,740,641,597
          FY 2023               $ 1,069,110,851                $ 355,854,298                     $ 2,834,290,233
 *For overall State spending, a State may request a waiver based on final allocations or appropriations. For more
information, see FAQ 10.

Additional submission requirements
In an attachment, please provide:
     1. A description of the extent to which the State experienced fiscal burdens in preventing, preparing for, and
        responding to the coronavirus and an explanation of how those fiscal burdens affected the State’s ability to
        maintain fiscal effort (e.g., the status of and any changes to the State’s rainy day fund, whether the State
        experienced a decline in revenues, or an increase in other emergency expenses resulting from the
        pandemic, such as expenses related to health care, unemployment insurance, or support for small
        businesses); and

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     2. Documentation and data supporting the description of the State’s fiscal burdens (e.g., revenue data, appropriation
        tables, unemployment statistics, etc.) including any State action that impacted State revenue (e.g., tax increases or
        decreases).
     3. In addition, in its waiver request, a State should submit information on the relevant factors listed below to support
        its request. The Secretary may ask States for additional information after States submit the MOE waiver request
        form.

 In determining whether to grant a State an MOE waiver, the Secretary may consider factors such as:
 Has the State increased support for education?
 The Department understands that it is possible that a State has maintained or increased overall funding for education and the
 proportion of the State budget for education has still declined because of increases in other areas of the budget (e.g., public health). In
 these cases, the Secretary may consider:

 •    Has total State funding for K-12 education and for higher education (calculated separately) increased from the prior fiscal year?
 •    Has total State funding for K-12 education and for higher education (calculated separately) increased over time (e.g., since
      baseline years)?
 •    Has per-pupil State funding for K-12 education and for higher education (calculated separately) increased from the prior fiscal
      year?
 •    Has per-pupil State funding for K-12 education and for higher education (calculated separately) increased over time (e.g., since
      baseline years)?
 •    Has the State appropriated an increase in State funding for K-12 education and for higher education for future fiscal years?

 Are there exceptional circumstances that caused the State to be unable to maintain support for education?
 If a State’s support for education declined, the Secretary may consider:

 •    Are there specific severe effects of the COVID-19 pandemic on the State’s economy that necessitated reductions in support for
      elementary and secondary education and for higher education?
 •    What steps did the State take to avoid and/or minimize such reductions?
 •    Did the State use Coronavirus State and Local Fiscal Recovery Funds awarded by the U.S. Department of the Treasury under
      section 9901 of the ARP Act to support elementary and secondary education and higher education?
 •    How did reductions in support for elementary and secondary education and for higher education compare to other budget
      categories?
 •    Did the State take steps that reduced or will it take steps to proactively reduce its financial resources in a way that impacted or
      will impact its ability to meet MOE requirements (e.g., tax changes (and in what context), additional contributions to rainy day
      funds)? If so, what was the impact of the reduction (e.g., to what extent were its resources reduced or will its resources be
      reduced)?

 Has the State used or will it use ESSER, GEER, or Higher Education Emergency Relief (HEER) funding to replace State
 funding for education?
 It is important for the Department to understand the State’s use of pandemic-related Federal funds when reviewing a request for a
 waiver. The Secretary may therefore consider:

 •    Will all unallocated ESSER or GEER funds relevant to the waiver be used to provide net new resources to K-12 schools and to
      higher education and not be used to replace existing State commitments to K-12 education and to higher education?
 •    Will all unallocated HEER funds be used to provide net new resources to higher education and not be used to replace existing
      State commitments to higher education?
 •    Has the State previously used any ESSER, GEER, or HEER funds to replace State funding for education?




To the best of my knowledge and belief, all of the information in this MOE data submission are true and correct and the
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failure to submit accurate data may result in liability under the False Claims Act, 31 U.S.C. § 3729 et seq.; OMB
Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in 2 CFR part 180, as adopted
and amended as regulations of the Department in 2 CFR part 3485; and 18 USC § 1001, as appropriate, and other
enforcement actions.
Joe Morrissette
_____________________________________________________________________________________________
                                                                                                                                 701-328-4606


Governor or Chief State School Officer or Authorized Representative (Typed or Printed Name) Telephone

                                           Digitally signed by Joe Morrissette
Joe Morrissette                            Date:  2021.12.21 10:00:54 -06'00'        12-21-21
_____________________________________________________________________________________________
Signature of Governor or Chief State School Officer or Authorized Representative                                                 Date




                                                           Public Burden Statement
According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless such collection displays
a valid OMB control number. The valid OMB control number for this information collection is 1810-0745. Public reporting burden for this
collection of information is estimated to average 2 hours per response, including time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing the collection of information. The obligation to respond to this collection
is required to obtain or retain benefit under section 18008 of the Coronavirus Aid, Relief, and Economic Security Act (CARES) Act, Division M,
Section 317 of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (CRRSA) Act, and Section 2004(a) of the American
Rescue Plan Act of 2021 (ARP Act) If you have any comments concerning the accuracy of the time estimate, suggestions for improving this
individual collection, or if you have comments or concerns regarding the status of your individual form, application or survey, please contact Britt
Jung, Office of State and Grantee Relations, Office of Elementary and Secondary Education, U.S. Department of Education, 400 Maryland Avenue,
SW, Washington, DC 20202-6450, email: SGR@ed.gov directly.



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