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

  • Designing Third Spaces That Do What AI Can't

    In 2026, education is evolving faster than ever. With AI reshaping everything from lesson planning to personalized instruction, schools and universities are turning their attention to what AI can’t replicate: spaces that foster collaboration, community, and creativity.

  • Quattrocchi Kwok Architects Opens New Office in Denver

    Education planning and design firm Quattrocchi Kwok Architects (QKA) recently announced that it has opened a new office in Denver, Colo., the firm’s third overall. QKA is headquartered in Santa Rosa, Calif., and runs an East Bay Area office in Oakland.

  • Virginia Tech Tops Out New College of Engineering Building

    Virginia Tech in Blacksburg, Va., recently celebrated the topping out of Mitchell Hall, which will soon stand as the largest College of Engineering building on campus, according to a news release. The university partnered with Skanska on the 285,500-square-foot facility, which has an expected completion date of winter 2028.

  • Academy of Classical Education Breaks Ground in Louisiana

    Charter Schools USA (CSUSA) recently announced the groundbreaking of a new public charter school in Covington, La., according to a news release. The Academy of Classical Education at Covington will enroll students in grades K–8 and is scheduled for completion in August 2026, just in time for the new school year.