Dept. of Education Releases “Supplement, Not Supplant” Regulations

Dept. of Education Releases “Supplement, Not Supplant” Regulations

August 31, 2016

The Dept. of Education released its much anticipated proposed regulations on ESSA Title I requirements regarding federal “supplement, not supplant” funding. The rule ensures that federal funds do not take the place of state and local funds in low-income schools and “that the nation’s highest need students receive the additional financial resources necessary to help them succeed.”  In a factsheet released by the Dept. of Education, they lay out the historical nature of the requirement and exactly how the Dept. of Education proposes districts comply with the rule. While the proposed regulations do “not establish a specific methodology” in which to comply with Title I requirements, the department offers a “number of ways” districts can demonstrate compliance:

  1. Using a weighted student funding formula, which would put priority on certain demographics associated with disadvantaged students;
  2. Using a formula based upon resources, namely staff and non-personnel resources;
  3. Use a state-developed model or compliance test that is “as rigorous” as the first two options, which would be subject to federal review and approval;
  4. Use a methodology that allows states to show per-pupil spending in Title I schools is at least equal to the average non-Title I school.

The proposed regulations require states to submit a plan by December 2017 on how it will show compliance with Title I funding rules by the 2019-2020 school year.