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

  • William Penn Charter School

    Richard A. Balderston OPC’69 Lower School

    Established in 1999, the Education Design Showcase is a vehicle for showing off innovative — yet practical — solutions in planning, design, architecture, and construction. The Richard A. Balderston OPC’69 Lower School has been recognized with an EDS 2026 Grand Prize award in the category of New Construction.

  • Back-to-School Playground Safety: 7 Common Hazards to Look for After Summer Break

    As summer break comes to an end, school administrators have plenty to prepare before students return. While classrooms, hallways and common areas often receive attention during all the back-to-school preparations, the playground should not be overlooked. Months of weather exposure, storms, and regular wear can leave behind hazards that may not be immediately noticeable.

  • Big Horn Academy

    Big Horn Academy

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

  • Texas A&M Opens First Building at Fort Worth Campus, Breaks Ground on Research Facility

    The Texas A&M University System marked a major milestone in the development of its Fort Worth campus by opening its first completed academic building and breaking ground on a second facility designed to expand research and industry collaboration.