Tuesday, April 20, 2021

U.S. Department of Education Guidance on Maintenance of Effort Requirements and Waiver Requests

The U.S. Department of Education has released guidance that addresses maintenance of effort requirements among the COVID-19 recovery laws that include education stabilization funds. The following link will take you to the updated information from the U.S. Department of Education:

Guidance on Maintenance of Effort (MOE) Requirements and Waiver Requests under the Elementary and Secondary School Emergency Relief (ESSER) Fund and Governor's Emergency Education Relief (GEER) Fund.

 

This guidance document 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 waiver under section 2004(a) of the ARP Act. The Department's approach to waiver requests will be rooted in consideration of the impact on students. The purpose of ESSER I, ESSER II, GEER I, GEER II, ARP ESSER, and Emergency Assistance to Non-Public Schools (EANS) Program 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.
  • The MOE submission form that each State must use to report MOE data for the CARES Act, the CRRSA Act, and the ARP Act.
  • The MOE request form that a State must use when requesting a waiver of the MOE requirements.

It is anticipated that the Department will also release additional guidance on the new State and local educational agency (LEA) maintenance of equity requirements in section 2004(b) and (c) of the ARP Act in the near future.