Appendix C: MOE Waiver Request - New Hampshire

Summary

This is Appendix C, a Maintenance of Effort (MOE) Waiver Request form for the State of New Hampshire. Its table lists State support for elementary and secondary education, State support for higher education and overall State spending for baseline years FY 2017, FY 2018 and FY 2019, and for FY 2022 and FY 2023. For FY 2022 the table lists $1,034,752,000 for elementary and secondary education and $2,687,037,000 for overall State spending. For FY 2023 it lists $1,013,425,000 and $2,700,982,000 in those columns. The remainder of the text sets out the factors the Secretary may consider in deciding whether to grant an MOE waiver.

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                                    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 .
State __________New Hampshire__________________
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.
 X
       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.
 X
       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               $ 955,279,000                  $ 124,775,000                     $ 2,372,794,851
          FY 2018               $ 959,787,000                  $ 127,475,000                     $ 2,401,259,788
          FY 2019               $ 960,734,000                  $ 128,075,000                     $ 2,491,935,372
          FY 2020               $                              $                                 $
          FY 2021               $                              $                                 $
          FY 2022               $ 1,034,752,000                $ 144,500,000                     $ 2,687,037,000
          FY 2023               $ 1,013,425,000                $ 144,500,000                     $ 2,700,982,000
 *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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