Office of Elementary and Secondary Education — New Hampshire Department of Education Waiver Request
Summary
Waiver request from the New Hampshire Department of Education to the Office of Elementary and Secondary Education, U.S. Department of Education, dated 3/13/2024, from Section 2004(a) of the American Rescue Plan Act and Section 317 of the CRRSA Act maintenance of effort requirements. It recalls that the Department partially approved New Hampshire's earlier waiver request on September 28, 2022 and says the State still maintains support for education above baseline levels, with technical noncompliance resulting from education's falling share of total spending due to growth in healthcare and child welfare. A table gives elementary and secondary education at 39.59% of State spend in the baseline, 43.55% in FY 2022 and 34.89% in FY 2023, and notes higher education support has dipped slightly below its base-year percentage. These are the State's own figures and characterizations.
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Cite this document
“Office of Elementary and Secondary Education — New Hampshire Department of Education Waiver Request.”
Original at www.ed.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/department-of-education-pdf-www-ed-gov-e612524f9f/
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To: Office of Elementary and Secondary Education, United States Department of Education
From: New Hampshire Department of Education
Date: 3/13/2024
Re: 3rd Waiver Request from Section 2004(a) of the American Rescue Plan Act (ARP) and Section
317 of the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSA)
Summary of Waiver Request
On September 28, 2022, the United State Department of Education (USED) partially approved New
Hampshire’s Waiver request relative to Section 2004(a) of the American Rescue Plan Act and Section 317 of
the Coronavirus Response and Relief Supplemental Appropriations Act. The first waiver request was
originally submitted in December 2021. All of the reasons NH requested a waiver in December 2021 and
USED partially approved a waiver in September 2022 still hold true for all student investments in March 2024.
NH still continues to maintain ongoing support in the vital areas of elementary, secondary, and higher
education. The State’s overall support and per pupil aid in fiscal years 2022 and 2023 are above the baseline
levels measured in fiscal years 2017, 2018, and 2019. However, the technical noncompliance with the ARP
and CRRSA Maintenance of Effort (MOE) requirement remains due to education spending as a percent of the
total budget decreasing for fiscal year 2023. This decrease in the percentage of education spending relative to
overall State spending is primarily due to investments NH made in its healthcare and child welfare systems
which made those areas of the overall State budget grow faster than the growth in education.
Changes in Data and Education Funding Since Last Report to USED
Since we last reported to USED in our amended May 2023 waiver request, we now have the final FY 2023
total State expenditure data. All previously data reported relative to our growing State support for education
still holds as of March 2024. After reviewing the latest State expenditure data, it appears now support for
higher education has now dipped slightly below the percentage allocated during the base years (i.e., 2017,
2018, & 2019). Similar for elementary and secondary education, this percentage-based measurement was
negatively impacted due to the large increases in healthcare and the child welfare system beyond the base
years.
Elementary and
Higher
Measurement & Year Secondary Total State Spend
Education
Education
Base Line Measurements
Average
$958,600,000 $126,775,000 $2,372,794,851
FY 2017- 2019
Percent Relative to Overall State Spend 39.59% 5.24% 100%
Maintenance of Effort Measurements for FY 2022
FY 2022 Spending $1,017,723,000 $144,500,000 $2,336,804,314
Percent Relative to Overall State Spend 43.55% 6.18% 100%
Compliance Over-Threshold Over-Threshold N/A
Estimated Maintenance of Effort Measurements for FY 2023
FY 2023 Spending $1,002,797,000 $144,500,000 $2,874,679,403
Percent Relative to Overall State Spend 34.89% 5.03% 100%
Estimated Compliance Under-Threshold Under-Threshold N/A
State Ad Per Pupil Data And Trends
In our wavier submitted in December 2021 and partially approved in September 2022, NH provided a table
showing State Aid Per Pupil for fiscal years 2017 through 2023 for elementary, secondary, and higher
education. This table was updated and resubmitted in our May 2023 request for a waiver relative to the MOE
requirement for elementary and secondary education. The table below updates the data originally submitted
December 2021 and for New Hampshire higher education. As illustrated below, State aid per student has
increased well beyond the base year for higher education. In fact, higher education State Aid per pupil has
grown by over 40 percent in fiscal year 2023 when compared to the average State aid during fiscal years 2017,
2018, & 2019.
FY
FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023
2017
State Funding Support (in thousands)1
$124,7
Higher Education $127,475 $128,075 $142,755 $143,860 $144,500 $144,500
75
Higher Education Enrollment & State Aid Per Higher Education Student3
Public University 26,371 27,333 26,998 25,267 25,126 24,423 22,709
Community College 11,152 10,451 9,818 10,171 9,009 7,516 7,300
Higher Education
37,523 37,784 36,816 35,438 35,084 34,733 34,385
Pupils
State Aid Per
Higher Education $3,325 $3,374 $3,479 $4,028 $4,214 $4,524 $4,815
Pupil
Note: Public university and community college pupil data can be found on page 162 on the report below.
https://www.das.nh.gov/accounting/FY%2023/FY_2023_Annual_Comprehensive_Financial_Report_ACFR.
pdf
.
History of Wavier Requests:
This is New Hampshire’s 3rd and final waiver request. The original request was submitted December 2021.
After USED waived FY 2022, a second waiver request was submitted in May 2023 to request a waiver for FY
2023. At that time, it was not known that fiscal year 2023 for high education spending would be non-
complaint. Therefore, this final waiver request covers that area of technical noncompliance.
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