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

  • UCNJ Launches $30M Modernization of Physical Education Center

    The Union College of Union County (UCNJ) in Cranford, N.J., recently broke ground on a new $30-million modernization project for its Physical Education Center (PECK), according to a news release. The college partnered with DIGroup Architecture for the project’s design, transitioning the existing 42,000-square-foot structure into a campus hub for student athletics and campus life.

  • Photo credit: Elkus Manfredi Architects

    University of Virginia Selects Design-Build Team for New Residential Complex

    The University of Virginia in Charlottesville, Va., recently announced that it has selected a design-build team for a new upper-class residential development on campus, according to a news release. Capstone Development Partners—in partnership with Elkus Manfredi Architects and the Hoar Construction/Hourigan construction team—will move forward with the three-building, 310,000-square-foot housing facility.

  • Spaces4Learning Launches 2026 Education Design Showcase Awards

    Spaces4Learning has opened submissions for the 2026 Education Design Showcase! The awards program launched in 1999 with the goal of celebrating innovative, practical solutions in the planning, design, and construction of K–12 and higher-education facilities. EDS recognizes new developments that help achieve optimal learning environments, as well as the architecture firms that brought the ideas to life.

  • Abstract tech network data connections with orange, blue glowing dots, lines

    3 Trends for Higher Education to Stay Ahead of in 2026

    As universities enter the new year, the question is no longer whether digital transformation is necessary, but how quickly institutions can convert technological potential into strategic advantage.

Digital Edition