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Oregon Department of Education — Request for a Waiver of the Maintenance of Effort (March 29, 2023)

Summary

Letter dated March 29, 2023 from Colt Gill, Director of the Oregon Department of Education, to Secretary Cardona, requesting a waiver of the Maintenance of Effort (MOE) requirements from Section 2004(a) of the American Rescue Plan Act and Section 317 of the CRRSA Act. The letter says Oregon did not reduce funding support for K-12 education and made a historic investment through the Student Success Act, funded by a new Corporate Activity Tax of 0.57 percent on taxable commercial activity above $1 million that is expected to generate approximately $1.2 billion a year for education and early learning. It says that despite the increased allotment Oregon is unable to achieve the MOE requirement. These are the Oregon Department of Education's own statements; the office address and phone numbers are omitted.

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Department Of Education Pdf Www Ed Gov 81730F5227
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Department Of Education Pdf Www Ed Gov 81730F5227

Cite this document

“Oregon Department of Education — Request for a Waiver of the Maintenance of Effort (March 29, 2023).” Original at www.ed.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/department-of-education-pdf-www-ed-gov-81730f5227/, SHA-256 af2f76e7d2173f90b630ff0a19f909c673c64eec6f326da3af6582f068c707a4.

Full text

                                                                        Oregon achieves . . . together!
                                                                                                    Colt Gill
                                                                    Director of the Department of Education


March 29, 2023
Secretary Cardona
(Sent via OESE@ed.gov email only)
U.S. Department of Education
Lyndon Baines Johnson Department of Education Building
400 Maryland Ave, SW Washington, DC 20202


Re: Oregon Department of Education Waiver Request from Section 2004(a) of the American
Rescue Plan Act (ARPA) and Section 317 of the Coronavirus Response and Relief Supplemental
Appropriations Act (CRRSA)


Dear Secretary Cardona:
The Oregon Department of Education submits this letter and its accompanying attachments to
request a waiver of the Maintenance of Effort (MOE) requirements from Section 2004(a) of the
American Rescue Plan Act (ARPA) and Section 317 of the Coronavirus Response and Relief
Supplemental Appropriations Act (CRRSA).
Oregon is proud of its commitment to and ongoing support for students in elementary,
secondary, and higher education. As prescribed by the MOE agreement, Oregon did not reduce
funding support for K-12 education. Rather, the State of Oregon made a historic investment in
public education with the passage of the Student Success Act. The Act infused additional
education funding to its base allotment with the purpose of expanding resources, recovering
from the pandemic’s effects, and fixing systemic inequalities in educational programs for K-12
schools and students. This financial commitment resulted in an overall funding increase for
education which exceeded the per-pupil aid appropriations and baseline levels of funding
provided during State fiscal years 2017, 2018, and 2019.
Oregon’s education funding increase was made possible by the legislative passage of a new tax,
earmarked specifically for K-12 education and early learning programs. The new tax, known as
the Corporate Activity Tax (CAT), is a 0.57 percent tax applied to taxable Oregon commercial
activity above $1 million. The tax is expected to generate approximately $1.2 billion a year for
Oregon’s K-12 education and early learning systems. The funds, distinct and separate from the
State’s General Fund, are budgeted as Other Funds within the State’s budget, and are
earmarked solely for education and early learning support.



    255 Capitol St NE, Salem, OR 97310 | Voice: 503-947-5600 | Fax: 503-378-5156 | www.oregon.gov/ode
Despite the increased allotment and expansion of services and supports for schools and
students, Oregon is unable to achieve the Maintenance of Effort technical requirements for
fiscal years 2022 and 2023. The proportional level of the State’s support for elementary and
secondary education relative to Oregon’s overall spending declined in 2022 and 2023 because
of the State’s necessary investments in addressing other urgent priorities. These investments
required immediate funding, which has naturally decreased the percentage of education
spending relative to the overall State budget during these fiscal years. Though the proportional
percentage of spending decreased during these fiscal years when compared to the baseline
years, total funding on a dollar basis actually increased substantially.
Other budget drivers restricting Oregon’s ability to further investments in educational spending
included (more detail for these is provided in Appendix E):


       1. Ongoing response to the public health emergency stemming from the COVID-19
       pandemic.
       2. Emergency response, recovery, and restoration efforts as a result of historic wildfire
       seasons in calendar years 2020 and 2021.
       3. An ongoing housing and homelessness crisis exacerbated by the pandemic.
       4. Drought conditions impacting much of the state.
       5. Federal requirements related to Medicaid enrollment.
       6. Oregon's unique kicker law, which requires a refund to taxpayers of income tax
       collected once certain triggers are met.


Despite the many competing priorities for funding, the state also experienced growth in its
General Fund revenues. This growth has allowed the state to make additional investments in
education spending for fiscal years 2022 and 2023. Due to necessary expenditures in other
areas of the state budget, as listed above, the increase in education investments is less
apparent when compared to overall state spending.
Thank you for your consideration of our waiver request. Attached is information providing
details and explanation of Oregon’s estimated noncompliance with the MOE provisions within
ARPA and CRRSA:


       • Appendix B is the required MOE Data Submission form
       • Appendix C contains the MOE waiver request form
       • Appendix D contains the additional submission information required in Appendix B
       • Appendix E contains responses to questions asked at the end of Appendix C




                                  Oregon Department of Education
    255 Capitol St NE, Salem, OR 97310 | Voice: 503-947-5600 | Fax: 503-378-5156 | www.oregon.gov/ode
Please don’t hesitate to contact me, should you have any questions or need additional
information.


Sincerely,



Colt Gill
Oregon Deputy Superintendent of Public Instruction
Director, Oregon Department of Education




                                  Oregon Department of Education
    255 Capitol St NE, Salem, OR 97310 | Voice: 503-947-5600 | Fax: 503-378-5156 | www.oregon.gov/ode
                                                                                       OMB Control #: 1810-0745
                                                                                       Expiration Date: September 30, 2024
                                   Appendix B: MOE Data Submission
          Oregon
   State __________________________________
   Data Submission Timelines

                                  State support for                  State support for higher          Overall State spending
                                  elementary and secondary           education
                                  education
             FY 2017
                                                   Submitted September 1, 2020;
             FY 2018                                                                                      Due May 17, 2021
                                                  May be updated by May 17, 2021
             FY 2019
             FY 2020                              Submitted December 30, 2020;
                                                May be updated by May 17, 2021
             FY 2021                             Collected by December 30, 2021
             FY 2022              FY 2022 data on appropriated or allocated amounts for State support for elementary and
                                  secondary education, State support for higher education, and overall State spending will be
                                  collected by December 30, 2021. The Department intends to collect final expenditure data
                                  in spring 2023 when data are available.
             FY 2023              FY 2023 data on appropriated or allocated amounts for State support for elementary and
                                  secondary education, State support for higher education, and overall State spending will be
                                  collected by December 30, 2022. The Department intends to collect final expenditure data
                                  in spring 2024 when data are available.

   Data for State support and overall State spending
   A State must submit the required information below. Additionally, a State may use this form to update previously
   submitted MOE data for FYs 2017, 2018, 2019, and 2020.

                 State support for      State support for      Overall State            State support for        State support for
                 elementary and         higher education       spending                 elementary and           higher education as
                 secondary                                                              secondary education      a proportion of
                 education                                                              as a proportion of       overall State
                                                                                        overall State spending   spending
  FY 2017        $ 3,731,123,136.00 $         744,421,572.00 $ 9,469,326,721.00                    39.40 %                   7.86 %
  FY 2018        $ 4,230,683,554.00 $         903,799,033.00 $ 10,530,351,771.00                   40.18 %                   8.58 %
  FY 2019        $ 4,230,683,544.00 $         797,370,807.00 $ 10,384,247,187.00                   40.74 %                   7.68 %
  Average                                                                                                   %                       %
FYs 2017-2019                                                                                      40.11                     8.04
  FY 2020        $                      $                      Not required             Not required             Not required
  FY 2021        $                      $                      Not required             Not required             Not required
   FY 2022       $                      $                      $                                            %                       %
interim data*
   FY 2022       $                      $                      $                                            %                       %
 (final data)        5,269,781,887.00       1,157,316,373.00       15,030,412,085.00               35.06                     7.70
   FY 2023       $                      $                      $                                            %                       %
interim data*        5,455,781,887.00       1,166,549,790.00       15,073,011,300.00               36.20                     7.74
   FY 2023       $                      $                      $                                            %                       %
 (final data)
*Appropriated or allocated                                     19
Additional submission requirements: In an attachment, identify and describe the data sources used in determining the
levels of —

     (a) State support for elementary and secondary education;

     (b) State support for higher education; and

     (c) Overall State spending.

NOTE: You are only required to submit this information for data categories included in your submission
above.

To the best of my knowledge and belief, all of the information in this MOE data submission is true and
correct and the 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.



Colt Gill
_______________________________________________________________________________________
                                                                                                               503-508-4935

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

                                      Digitally signed by Colt Gill
Colt Gill                             Date: 2023.03.29 11:14:22 -07'00'
                                                                            03/29/2023
_______________________________________________________________________________________
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 5.5 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.




                                                                         20
                                     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 .
       Oregon
 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     Overall State          State support for      State support for
                  elementary and          higher education      spending *             elementary and         higher education
                  secondary                                                            secondary education    as a proportion
                  education                                                            as a proportion of     of overall State
                                                                                       overall State          spending
                                                                                       spending
  FY 2017         $ 3,731,123,136.00 $        744,421,572.00 $ 9,469,326,721.00                   39.40 %               7.86 %
  FY 2018         $ 4,230,683,554.00 $        903,799,033.00 $ 10,530,351,771.00                  40.18 %               8.58 %
  FY 2019         $ 4,230,683,544.00 $        797,370,807.00 $ 10,384,247,187.00                  40.74 %               7.68 %
  Average                                                                                         40.11 %               8.04 %
FYs 2017-2019
  FY 2020         $                  $                  $                   Not Required                      Not Required
  FY 2021         $                  $                  $                   Not Required                      Not Required
  FY 2022         $ 5,269,781,887.00 $ 1,157,316,373.00 $ 15,030,412,085.00           35.06 %                           7.70 %
  FY 2023         $ 5,455,781,887.00 $ 1,166,549,790.00 $ 15,073,011,300.00           36.20 %                           7.74 %

  *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:


                                                              21
    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
    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?
                                                                  22
To the best of my knowledge and belief, all of the information in this MOE data submission are true and correct and the
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.
Colt Gill
_____________________________________________________________________________________________
                                                                                                                            503-508-4935
Governor or Chief State School Officer or Authorized Representative (Typed or Printed Name) Telephone

                                         Digitally signed by Colt Gill
Colt   Gill                                                                       03/29/2023
_____________________________________________________________________________________________
                                         Date: 2023.03.29 11:14:33 -07'00'
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.


                                                                         23
                                    Appendix D

Additional submission information as required in Appendix B

Identify and describe the data sources used in determining the levels of —
(a) State support for elementary and secondary education;
(b) State support for higher education; and
This response combines the response to both (a) and (b).
The data sources for K-12 and higher education funding come from the Annual
Comprehensive Financial Report (ACFR) and the Legislatively Adopted Budget (LAB).

(c) Overall State spending.

Overall state expenditures for actuals were obtained from the state’s Annual Comprehensive
Financial Report (ACFR) produced by the Statewide Accounting and Reporting Services unit
within the Chief Financial Office of the Department of Administrative Services. Totals were
obtained from the Required Supplementary Information section of the ACFR, which contains
statewide total expenditures by fund type for the relevant fiscal years of the fiscal effort
demonstration. Total state expenditures includes General Fund, Lottery Funds and only Other
Funds that are earmarked specifically for education.

The state did dedicate Federal COVID SLFR dollars, primarily to Higher Education, and those
dollars were included in the fiscal effort calculation.




Appendix D: Oregon Department of Education Waiver Request from Section 2004(a) of the American
Rescue Plan Act (ARPA) and Section 317 of the Coronavirus Response and Relief Supplemental
Appropriations Act (CRRSA)
                                     Appendix E
Requirements from USED for waiver letter (from Appendix C):

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)

In 2019, the State of Oregon made an historic investment in public education with the passage of
the Student Success Act. The legislation established a Fund for Student Success to expand K-12
and early learning investments, greatly increasing the State’s financial commitment in education.
The investments were made possible by the legislative passage of a new tax, earmarked
specifically for K-12 education and early learning programs. The new tax, known as the
Corporate Activity Tax (CAT) is a .57 percent tax applied to taxable Oregon commercial activity
above $1 million. The tax is expected to generate approximately $1.2 billion a year for Oregon’s
K-12 education and early learning systems. The funds are distinct and separate from the State’s
General Fund, are budgeted as Other Funds within the State’s budget, and are earmarked solely
for education and early learning support.




                                                                                                    1
Appendix E: Oregon Department of Education Waiver Request from Section 2004(a) of the American
Rescue Plan Act (ARPA) and Section 317 of the Coronavirus Response and Relief Supplemental
Appropriations Act (CRRSA)
   The added investments from the Student Success Act greatly increased overall education
   spending, but the increases show up in both the numerator and denominator of the
   proportional calculation. This calculation methodology does not grow the overall percentage
   of education spending at a rate that is sufficient to account for necessary growth in other
   areas of the budget to deal with other ongoing and emerging priorities in Oregon. The list
   below provides information about some, but not all, of the other budget drivers the state has
   had to address in recent years.

   1. The worldwide COVID-19 pandemic resulting in unprecedented service demands in
      Oregon for a variety of areas including health care, human services, mental and
      behavioral health, housing and workforce. As the public health emergency comes to a
      close, resources for certain aspects from this work will begin to diminish.
   2. Historic wildfire disasters occurred in the fall of 2020 and summer of 2021, drastically
      impacting communities throughout the state and elevating service needs in restoration
      and cleanup, forest management, housing, and providing wrap-around services to citizens
      and communities impacted. Oregon has shown a commitment to focusing on restoration
      efforts to try and help reduce the number and severity of fires in the state.
   3. A housing and homelessness crisis across the state also impacts Oregonians and requires
      investments. Per the U.S. Department of Housing and Urban Development the states
      homeless population has grown by 22.5 percent since 2020. This increase has caused the
      state to invest in solutions to provide immediate temporary relief, as well as look for long
      term solutions to the housing crisis.
   4. The state continues to experience a long-term drought, resulting in needed relief in areas
      throughout the state, providing assistance to communities, farmers, residents, and looking
      for long term solutions to this ongoing problem.
   5. Since March 2020, states have provided continuous enrollment in Medicaid in exchange
      for enhanced Medicaid match rate. Oregon’s Medicaid population has increased
      considerably from about 1 million to nearly 1.5 million between March 2020 and March
      2023. Medicaid caseload increases caused an associated increase in General Fund needed
      to support the increase in enrollees. The federal requirement to provide continuous
      coverage to all enrollees will expire starting April 2023. The state has developed a plan to
      begin the process of redetermining eligibility for all members.
   6. Oregon’s unique “Two Percent Kicker” law requires the state to refund excess revenue
      to taxpayers when actual General Fund revenue exceeds the biennial close of session
      forecast by more than two percent. Oregon’s Personal Income Tax kicker is driven by
      forecast assumptions and can serve to limit overall state budget growth and potential
      opportunities to increase education investments. This can greatly impact the state’s ability
      to invest resources above and beyond what has been planned, according to the forecast.
      The latest economic forecast shows a historic kicker rebate to be paid out as tax credits in
      2024 in the amount of $3.9 billion. Since the Kicker function is codified in the Oregon
                                                                                                   2
Appendix E: Oregon Department of Education Waiver Request from Section 2004(a) of the American
Rescue Plan Act (ARPA) and Section 317 of the Coronavirus Response and Relief Supplemental
Appropriations Act (CRRSA)
       Constitution, kicker funds are not accessible for state agencies, legislators or the
       Governor for investment, even in times of crisis or great need. This revenue restriction
       that is unique to Oregon, limits the state’s ability to increase the education budget when
       revenues exceed the forecast.
   Despite the many competing priorities for funding, the state also experienced growth in its
   General Fund revenues. This growth has allowed the state to make additional investments in
   education spending for fiscal years 2022 and 2023. Due to necessary expenditures in other
   areas of the state budget, as listed above, the visibility in the increase of education
   investments during this time does not result in meeting the requirements of the MOE.

   In addition to expected growth over the next several biennia in the General Fund, the state
   also makes deposits into an Education Stability Fund (ESF). This fund was established
   constitutionally in 2002 and is funded with 18 percent of the net proceeds from the Oregon
   Lottery. The fund is capped at 5 percent of the amount accrued in General Fund revenues
   during the prior biennium. These funds can be used by the Legislature if there is an economic
   downturn that meets certain criteria. Per the March 2023 Oregon Economic and Revenue
   Forecast it is estimated the ESF will have a balance of $708 million by the end of the current
   biennium. Though the state cannot use these funds at any time for education expenses they
   demonstrate Oregon’s commitment to being able to maintain educational funding levels.


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).

The table below breaks down the three main investment shifts in the state General Fund. As you
can see while there was a significant investment increase in education between the baseline years
and 2022-23, the relative percentage of overall support decreased significantly due to increased
support in other critical areas of state government.

    Investment
       Area                  GF (millions)                            Investments
      COVID-        $     368.80
   19/Behavioral
                                                     Housing, Residential Treatment, and Workforce
      Health
                                     $       79.70   Capacity

                                     $       52.00   Aid and Assist Services Capacity

                                     $       86.30   Access to Inpatient and Outpatient Services

                                     $       70.20   Ballot Measure 110 Implementation

                                                                                                    3
Appendix E: Oregon Department of Education Waiver Request from Section 2004(a) of the American
Rescue Plan Act (ARPA) and Section 317 of the Coronavirus Response and Relief Supplemental
Appropriations Act (CRRSA)
                                     $      23.30    Children and Youth with Specialized Needs

                                     $      57.30    Transformation and System Alignment

    Investment
       Area                 GF (millions)                            Investments
     Wildfires      $     374.80

                                                     Housing Development, Construction,
                                                     Infrastructure, Rebuilding, Down Payment
                                     $      100.00   Assistance, Loans and Services

                                                     Implementing Statewide Comprehensive
                                                     Strategy to Promote Wildfire Risk Reduction,
                                     $      181.84   Response and Recovery (SB 762 (2021))

                                     $      92.90    Other Grants and Investments

     Housing/       $     716.10
   Homelessness
                                     $      374.70   Homelessness Prevention

                                     $      266.40   Affordable Housing Infrastructure

                                                     Affordable Rental Housing Emergency Board
                                     $      10.00    Allocation

                                     $      65.00    Augment Homeownership Opportunities

  Water/Drought     $     182.10

                                     $      53.20    Water Infrastructure

                                     $        9.60   Water Resource Planning

                                                     Agency Capacity for Water Investments and
                                     $      14.20    Programs

                                                     2021 Second Special Session Drought Relief
                                     $      105.10   Package

     Medicaid       $     860.50

                                                     Medicaid caseload increase due to temporary
                                     $      740.50   continuous eligibility provisions




                                                                                                    4
Appendix E: Oregon Department of Education Waiver Request from Section 2004(a) of the American
Rescue Plan Act (ARPA) and Section 317 of the Coronavirus Response and Relief Supplemental
Appropriations Act (CRRSA)
                                                      Medicaid Redetermination Process and Bridge
                                                      Health Coverage Related to Continuous
                                     $     120.00     Eligibility Provisions

             Total
      Investments    $   2,502.30



The table below shows how Other Funds have increased in the Department of Education over
time. While it’s difficult to articulate given the change in the MOE definition, significant
investments have been made to continually improve funding for Education in Oregon.




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?



                                                                                                    5
Appendix E: Oregon Department of Education Waiver Request from Section 2004(a) of the American
Rescue Plan Act (ARPA) and Section 317 of the Coronavirus Response and Relief Supplemental
Appropriations Act (CRRSA)
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)?

There was an increase when comparing the overall spending for the 3-year average of FY17,
FY18, and FY19 compared to FY22 of 31.7%. There is a year over year increase of 4% when
comparing FY22 and FY23.

There was also an increase in per pupil spending for K-12 and higher education compared with
the prior fiscal year and the baseline year. Please see the chart below as reference to all questions
in this section.




•Has the State appropriated an increase in State funding for K-12 education and for higher
  education for future fiscal years?

The State passed the Student Success Act in 2019 utilizing the Corporate Activity Tax (CAT) tax
as the revenue source. The funds first reached LEAs in 2021. In the 2021-23 State Budget, there
was slight “roll up” increase in the SSA budget and a $400 million increase to the State School
                                                                                                    6
Appendix E: Oregon Department of Education Waiver Request from Section 2004(a) of the American
Rescue Plan Act (ARPA) and Section 317 of the Coronavirus Response and Relief Supplemental
Appropriations Act (CRRSA)
Fund from current service level (CSL), which is $9.5billion. Oregon is in the middle of our 2023
legislative session which will set spending amounts for 23-25. While the Governor and the
Legislative Co-Chairs of the Ways and Means budget committee have proposed a nearly $600
million increase in State funding for education, the outcome of the legislative process won’t be
known until the end of June.

Are there exceptional circumstances that caused the State to be unable to maintain support for
 education?

No, support for education increased.

If a State’s support for education declined, the Secretary may consider:

The State of Oregon’s support for education did not decline.

•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?

Not applicable, the State of Oregon’s support for education did not decline.

•What steps did the State take to avoid and/or minimize such reductions?

Not applicable, the State of Oregon’s support for education did not decline.

•Did the State use Coronavirus State and Local Fiscal Recovery Funds awarded by the U.S.
  Department of the Treasury undersection 9901 of the ARP Act to support elementary and
  secondary education and higher education?

Not applicable, the State of Oregon’s support for education did not decline.

•How did reductions in support for elementary and secondary education and for higher
  education compare to other budget categories?

Not applicable, the State of Oregon’s support for education did not decline.

•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)?

                                                                                                   7
Appendix E: Oregon Department of Education Waiver Request from Section 2004(a) of the American
Rescue Plan Act (ARPA) and Section 317 of the Coronavirus Response and Relief Supplemental
Appropriations Act (CRRSA)
Not applicable, the State of Oregon’s support for education did not decline.

Has the State used or will it use ESSER, GEER, or Higher Education Emergency Relief
(HEER) funding to replace State funding for education?

The State of Oregon did not and will not use pandemic-related federal funds 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?

Not applicable, the State of Oregon did not and will not use pandemic-related federal funds to
replace State funding for 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?

Not applicable, the State of Oregon did not and will not use pandemic-related federal funds to
replace State funding for education.

•Has the State previously used any ESSER, GEER, or HEER funds to replace State funding for
education?

Not applicable, the State of Oregon did not and will not use pandemic-related federal funds to
replace State funding for education.




                                                                                                 8
Appendix E: Oregon Department of Education Waiver Request from Section 2004(a) of the American
Rescue Plan Act (ARPA) and Section 317 of the Coronavirus Response and Relief Supplemental
Appropriations Act (CRRSA)


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