Secretary DeVos: Final "Supplement, not Supplant" Guidance Helps Promote Effective Spending, Flexibility

Washington, D.C. – Today, U.S. Secretary of Education Betsy DeVos released final non-regulatory guidance to support school districts’ compliance with the requirement that federal funds supplement, and do not supplant, state and local funds, under section 1118 of Title I, Part A of the Elementary and Secondary Education Act (ESEA) as amended by the Every Student Succeeds Act (ESSA). The guidance explains how ESSA changed the longstanding requirement in order to reduce administrative burden, simplify compliance, and promote effective spending.

While important and well-intentioned, the supplement not supplant requirement had become restrictive and burdensome—to the point that some school districts made ineffective spending choices to avoid noncompliance. Under ESSA, the supplement not supplant requirement changed to provide more flexibility to school districts while still ensuring that federal dollars are supplemental to state and local funds, and cannot be used to replace them.

“Schools need to spend resources on what’s best for students, not what’s least likely to come up in an audit,” said Secretary DeVos. “Teachers and school leaders consistently tell me the ever-growing paperwork burden is one of the biggest impediments to focusing on what really matters: the kids. This proposal does not change the legal obligations school districts have to make appropriate investments in education. It simply makes clear that a school district has significant flexibility in how it demonstrates compliance with the law.”

The release of final guidance follows a 30-day public comment period during which the public submitted largely positive feedback about the draft document. One commenter described being pleased that the document adhered closely to the statute, and another commenter conveyed a belief that the document will be of major assistance to states and school districts. Other commenters requested additional descriptive detail, which, when possible, was added. All public comments were carefully considered.

In order to comply with the new supplement not supplant requirement, a school district need only show that its methodology to allocate state and local resources to schools does not take into account a school’s Title I status. For many school districts, the requirement can be met using the school district’s current methodology for allocating state and local resources.

To view the final document, click here.

Featured

  • S4L Announces 2026 Education Design Showcase Winners

    Spaces4Learning is thrilled to announce the winners of the 2026 Education Design Showcase! Now in its 27th year, the annual awards program honors innovative solutions in planning, design, architecture, and construction across K–12 and higher education.

  • Porter Family Center

    Porter Family Center for Innovation and Academics

    Established in 1999, the Education Design Showcase is a vehicle for showing off innovative — yet practical — solutions in planning, design, architecture, and construction. The Porter Family Center for Innovation and Academics has been recognized with an EDS 2026 Project of Distinction award in the category of New Construction.

  • Architectural Power for the Modern Campus Landscape

    For generations, an outdoor classroom only required a textbook and a patch of grass. Today, not only has the laptop replaced the printed pages, the rise of agile learning has turned campuses into study halls with students listening to lectures and researching topics from quads, gardens, and plazas. The challenge for architects and facility managers is to provide connectivity without cluttering the landscape with visual eyesores or creating safety hazards with extension cords.

  • University of Kansas Breaks Ground on Entrepreneurship Hub

    The University of Kansas in Lawrence, Kan., recently held a groundbreaking ceremony for the new KU Entrepreneurship Hub, according to university news. The Hub is part of the university’s School of Business and will include spaces for experiential learning and programming.