1810-0745_MOE Appendices_redline

OMB Control #: 1810-0745

Expiration Date: September 30, 2024

Appendix B: MOE Data Submission

State __________________________________

Data Submission Timelines

	State support for elementary and secondary education	State support for higher education	Overall State spending
FY 2017	Submitted September 1, 2020; May be updated by May 17, 2021		Due May 17, 2021
FY 2018
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 elementary and secondary education	State support for higher education	Overall State spending	State support for elementary and secondary education as a proportion of overall State spending	State support for higher education as a proportion of overall State spending
FY 2017	$	$	$	%	%
FY 2018	$	$	$	%	%
FY 2019	$	$	$	%	%
Average FYs 2017-2019				%	%
FY 2020	$	$	Not required	Not required	Not required
FY 2021	$	$	Not required	Not required	Not required
FY 2022 interim data*	$	$	$	%	%
FY 2022 (final data)	$	$	$	%	%
FY 2023 interim data*	$	$	$	%	%
FY 2023 (final data)	$	$	$	%	%

*Appropriated or allocated

Additional submission requirements: In an attachment, identify and describe the data sources used in determining the levels of —

1. State support for elementary and secondary education;

2. State support for higher education; and

3. 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.

________________________________________________________________________________

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

________________________________________________________________________________

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.

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 __________________________________

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 elementary and secondary education	State support for higher education	Overall State spending *	State support for elementary and secondary education as a proportion of overall State spending	State support for higher education as a proportion of overall State spending
FY 2017	$	$	$	%	%
FY 2018	$	$	$	%	%
FY 2019	$	$	$	%	%
Average FYs 2017-2019				%	%
FY 2020	$	$	$	Not Required	Not Required
FY 2021	$	$	$	Not Required	Not Required
FY 2022	$	$	$	%	%
FY 2023	$	$	$	%	%

*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

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 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?

   
   
   

   
   
   

   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.

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.

_____________________________________________________________________________________________

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

_____________________________________________________________________________________________

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.