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

  • UNL Kiewit Hall

    Designing for Engineering Excellence: Integrating Sustainability and Wellness at UNLs Kiewit Hall

    Kiewit Hall at the University of Nebraska-Lincoln exemplifies how academic institutions can integrate sustainability and wellness into modern learning environments. With an integrated and collaborative team approach, Kiewit Hall addresses enhanced learning and creativity, physical health, and mental wellness, and fosters a sense of community through innovative design, operations, and policy solutions.

  • 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.

  • Construction Begins on East Austin CTE-Focused High School

    The Del Valle Independent School District recently announced that construction has begun on a new CTE-focused high school in Austin, Texas, according to a news release. Del Valle High School will measure in at 473,338 square feet and have the capacity for 2,400 students.

  • classroom with crystal ball on top of a desk

    Call for Opinions: Spaces4Learning 2026 Predictions for Educational Facilities

    As 2025 winds to a close, the Spaces4Learning staff is asking its readers—school administrators, architects, engineers, facilities managers, builders, superintendents, designers, vendors, and more—to send us their predictions for educational facilities in 2026.

Digital Edition