New Federal Guidance on MOE Requirements for Education Funding

The United States Department of Education recently released guidance on maintenance of effort requirements and waiver requests under the Elementary and Secondary School Emergency Relief (ESSER) Fund and the Governor’s Emergency Education Relief (GEER) Fund.

As previously reported on Conduit Street, the U.S. Department of Education (Department) announced funding levels for each State, Puerto Rico, and the District of Colombia to support efforts to reopen K-12 schools safely. The Department announced the allocation that each state educational agency (SEA) will receive under the American Rescue Plan (ARP) ESSER Fund, totals $122 billion in relief for K-12 schools.

The guidance document provided by the Department includes the following:

  • A chart outlining the main similarities and differences between the MOE requirements in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (CRRSA Act), and the American Rescue Plan Act of 2021 (ARP Act).
  • Frequently asked questions about the MOE requirements and the process for States to request an MOE waiver under section 2004(a) of the ARP Act. The Department’s approach to MOE waiver requests will be rooted in consideration of the impact on students. The purpose of ARP ESSER, ESSER I, ESSER II, GEER I, GEER II, and EANS funds is to expand resources for K-12 and postsecondary schools and students, not to replace existing State commitments to K-12 and postsecondary education.
  • An MOE worksheet describing how to calculate MOE under the CARES Act, the CRRSA Act, and the ARP Act.
  • An MOE data submission form that each State must use to report MOE data for the CARES Act, the CRRSA Act, and the ARP Act.
  • An MOE waiver request form that a State must use when requesting a waiver of the MOE requirements.

In the near future, the Department will also release separate guidance on the new State and local educational agency (LEA) maintenance of equity requirements in section 2004(b) and (c) of the ARP Act.

Useful Links:

Previous Conduit Street coverage: American Rescue Plan Offers Broad School Support

Additional Information (including an ARP ESSER Fact Sheet and Allocation Tables)

Dashboard of Funding Estimates at a District Level (See the “ESSER III” tab for the American Rescue Plan K-12 dollars, then click Maryland on the top left drop down selection)

U.S. Department of Education Office of Elementary and Secondary Education Website

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