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

  • North Texas School District Completes Third New Elementary School

    The Denton Independent School District in Dallas, Texas, recently finished construction on its third prototype design elementary school, Reeves Elementary, according to a news release.

  • UNT Dallas Holds Ribbon-Cutting Ceremony for $100M STEM Building

    The University of North Texas at Dallas in Dallas, Texas, recently celebrated the opening of its new, $100-million STEM Building, according to local news. The ceremony on Dec. 2 preceded the first day of classes in the facility on Jan. 12, 2026.

  • Wisconsin District Breaks Ground on New Elementary School

    The School District of La Crosse in La Crosse, Wis., recently broke ground on a new elementary school that will consolidate the students and staff of two existing schools, according to local news. Funding for the school comes from a $53-million referendum approved in 2024.

  • Ohio State University Opens 26-Story Hospital

    The Ohio State University Wexner Medical Center recently opened in Columbus, Ohio, standing 26 stories and covering 1.9 million square feet, according to a university news release. The project marks ten years of effort and is the university’s largest single-facility construction project ever.