NSBA's Public Comment: Supplement Not Supplant

Friday, November 4, 2016

On November 2, 2016, NSBA submitted public comment in response to the U.S. Department of Education's proposed rulemaking implementing fiscal compliance provisions of the Every Student Succeeds Act relating to supplement not supplant. The Department published the proposed regulations on September 6, 2016, following a failed attempt to utilize the negotiated rulemaking process to reach a consensus on the proposed regulations. Primarily, NSBA contends that the proposed rule conflicts with provisions in ESSA in a way that undermines local governance. Furthermore, provisions of the proposed rule are vague and unclear, which will result in inconsistent application of the methodologies.
The public has until 11:59 pm on November 7, 2016, to submit public comments on the proposed regulation. NSBA's public comment can be accessed here