Frequently Asked Questions about the Elementary and Secondary School Emergency Relief Fund (ESSER Fund)
Summary
Frequently asked questions about the Elementary and Secondary School Emergency Relief Fund (ESSER Fund) under the CARES Act, marked as formally rescinded by the Department and kept online for historical purposes only. They explain how State educational agencies award subgrants to local educational agencies and cover who is eligible for the SEA reserve, administrative costs, how long funds are available, whether an LEA needs a local application, flexibility in LEA activities, equitable services for nonpublic schools, the supplanting prohibition and monitoring. A closing worked example computes subgrants, including a derived Title I hold harmless base of $100,000 for a new charter school LEA. No date is printed.
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Cite this document
“Frequently Asked Questions about the Elementary and Secondary School Emergency Relief Fund (ESSER Fund).”
Original at www.ed.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/department-of-education-esser-fund-faqs-5-8-2020-www-ed-gov-4cab16365c-f9c3246b2f/
, SHA-256 61749bfb7c49e85e96a89bcf0607f2d261c63c533bd62a707562c735aa5b3ed7.Full text
Rescinded: This document has been formally rescinded by the Department and
remains available on the web for historical purposes only.
Elementary and Secondary School Emergency Relief Fund
Frequently Asked Questions about the Elementary and Secondary
School Emergency Relief Fund (ESSER Fund)
PURPOSE OF THIS DOCUMENT
The purpose of this document is to answer Frequently Asked Questions related to the Elementary
and Secondary School Emergency Relief Fund (ESSER Fund). Under the ESSER Fund,
established as part of the Education Stabilization Fund in the CARES Act, 1 State educational
agencies (SEAs) will award subgrants to local educational agencies (LEAs) to address the impact
that the Novel Coronavirus Disease 2019 (COVID-19) has had, and continues to have, on
elementary and secondary schools across the Nation.
This Frequently Asked Questions document seeks to answer questions that are not easily
understood from a plain reading of Section 18003 and other parts of the CARES Act or the
ESSER Fund Certification and Agreement (C&A). It was developed in direct response to
questions that the Department has received from SEA and LEA grant administrators
implementing the ESSER Fund program.
Disclaimer
Other than statutory and regulatory requirements included in the document, such as those pursuant to the
authorizing statute and other applicable laws and regulations, the contents of this document do not have
the force and effect of law and are not meant to bind the public in any way. This document is intended
only to provide clarity to the public regarding existing requirements under the law or agency policies. In
addition, it does not create or confer any rights for or on any person.
The U.S. Department of Education (Department) may provide additional or updated information,
as necessary, on the Department’s website at: https://oese.ed.gov/offices/education-stabilization-
fund/elementary-secondary-school-emergency-relief-fund/.
If you have questions that are not answered in this document, please e-mail ESSERF@ed.gov.
1 The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Public Law 116-136, 134 Stat. 281 (Mar. 27, 2020).
All citations in this document are to the CARES Act, unless otherwise indicated. The provisions of the CARES Act relevant to
the ESSER Fund and other Department of Education programs are available on the Department’s website at
https://oese.ed.gov/offices/education-stabilization-fund/.
1
1. Who applies to the Department for ESSER formula funds?
Only SEAs in the 50 States, Puerto Rico, and the District of Columbia apply directly to the
Department for ESSER Funds. An SEA is the agency primarily responsible for the State
supervision of public elementary schools and secondary schools. 2 For example, an SEA may be
called the [State name] Department of Education or the [State name] Office of Public Instruction.
The Bureau of Indian Education and the Outlying Areas are not eligible to receive ESSER
formula funds. Congress provided a separate set aside in the Education Stabilization Fund to
provide funds to those entities.
2. How do school districts or other entities access ESSER formula funds?
School districts (LEAs) must apply to the relevant SEA. Every SEA must use at least 90 percent
of its ESSER Fund grant to make subgrants to LEAs by formula based on FY 2019 Title I, Part
A allocations. (For more information on allocating funds to LEAs, see the Technical Appendix.)
3. What happens to the other 10 percent of ESSER funds?
An SEA may retain 10 percent or less of its ESSER Fund grant (the “SEA Reserve”), to address
emergency needs as determined by the SEA resulting from COVID-19, which may be addressed
through the use of subgrants or contracts. As described below, from the SEA Reserve, the SEA
may also use one-half of one percent of its total grant for administrative costs.
4. Who is eligible to receive ESSER funds from the SEA Reserve?
A wide range of entities, including LEAs and organizations serving students and families, may
be a “subrecipient” of funds from the SEA Reserve. A “subrecipient” includes any entity that
receives a subgrant or contract consistent with applicable State and Federal subgrant and
procurement standards. Entities interested in learning more about an SEA’s intended use of its
reserve should contact the SEA.
5. May an SEA reserve ESSER funds for administrative costs?
Yes. An SEA may reserve ½ of 1 percent or less of its total ESSER allocation for administrative
costs, including both direct and indirect administrative costs. This reservation must come from
the SEA Reserve and is not subject to the requirement that funds be “awarded” within one year.
Funds for administrative costs remain available to the SEA for obligation through September 30,
2022.
6. Are ESSER funds a supplement to an LEA’s ESEA Title I, Part A grant award?
No. The ESSER Fund is a separate Federal program. ESSER funds must be awarded and tracked
separately from Title I, Part A funds.
2 The definition of SEA is from ESEA section 8101(49).
2
7. What is the overall timeline for using ESSER funds?
Spring Sept. 30,
2020: The Spring 2021: Last
Department 2021: States date the
makes return funds Department
initial not can make
awards awarded awards
SEAs make Spring/ Sept. 30,
awards as Summer 2022: Last
soon as 2021: The date SEA,
practicable Department LEA, or
makes other
reallocation subgrantee
awards can obligate
funds
8. Is there a deadline by which an SEA must award ESSER funds to subrecipients?
Yes. SEAs must award ESSER formula subgrants to LEAs within one year of receiving the State
allocation. An SEA must also make awards with its SEA Reserve within one year of receiving
the State allocation. Any funds that the SEA fails to award by the one-year deadline must be
returned to the Department for reallocation consistent with the CARES Act.
9. How long are ESSER funds available for obligation by subrecipients?
ESSER funds are available for obligation by LEAs and other subrecipients through September
30, 2022, which includes the Tydings period (General Education Provisions Act §421(b)(1)).
10. What is the difference between “awarding” and “obligating” funds?
An SEA awards funds when it makes a subgrant to an LEA or, in the case of the SEA Reserve,
when it enters into a subgrant or contract with a subrecipient. ESSER funds are obligated when
the subrecipient commits those funds to specific purposes consistent with 34 C.F.R. § 76.707. If
an SEA awards a contract from the SEA reserve, that is an obligation. In contrast, subgranting
funds to an LEA or other subrecipient is not an obligation; rather, these funds are not obligated
until the LEA or other subrecipient commits the funds to specific purposes.
3
11. Is a charter school eligible to receive ESSER formula funds?
A charter school that is an LEA, as defined in section 8101(30) of the ESEA, may receive an
ESSER formula subgrant like any other LEA. A new or significantly expanded charter school
LEA in the 2020-2021 school year is eligible to receive an ESSER formula subgrant in
accordance with ESEA section 4306 and 34 CFR §76.792. (For more information on allocating
funds to new charter schools, see the Technical Appendix.) A charter school that is not an LEA
may not receive a formula subgrant, but it may receive support under ESSER through the LEA
of which it is a part.
12. If an LEA did not receive an FY 2019 Title I, Part A subgrant for school year 2019-
2020, is it eligible to receive ESSER formula funds?
No, the LEA is not eligible to receive a formula subgrant. The only exception is a new charter
school LEA that did not exist in the 2019-2020 school year or a charter school LEA whose
significant expansion makes it eligible for Title I, Part A funds in the 2020-2021 school year (see
question 11 and the Technical Appendix). However, any LEA may receive ESSER funds from
an SEA’s Reserve, including those LEAs that are not eligible for a formula subgrant under the
ESSER Fund.
13. Must an LEA submit a local application to the SEA in order to receive ESSER formula
funds?
Yes. An LEA must file a local application with the SEA in order to receive an ESSER formula
subgrant. 3 For information about what an SEA must include in its local application for an
ESSER formula subgrant, please refer to the ESSER Fund Certification and Agreement.
14. May an SEA restrict or limit LEA uses of ESSER formula funds?
No. The ESSER Fund provides a broad, permissive list of allowable LEA activities in Section
18003(d). SEAs do not have the authority to limit the uses of ESSER formula funds.
15. How much flexibility does an LEA have in determining the activities to support with
ESSER funds?
The ESSER Fund provides LEAs considerable flexibility in determining how best to use ESSER
funds (see Section 18003(d)). For example, LEAs may use ESSER funds for personal protective
equipment (PPE), cleaning and sanitizing materials, and similar supplies necessary to maintain
school operations during and after the COVID-19 pandemic. Since learning can and should
continue, the Department encourages LEAs to target ESSER funding on activities that will
support remote learning for all students, especially disadvantaged or at-risk students, and their
teachers.
3 For further information, please see 34 C.F.R. § 76.301.
4
16. Are an LEA’s ESSER formula funds subject to the requirements of Title I, Part A of
the ESEA (or other Federal education program requirements), if an LEA uses ESSER
formula funds for an allowable activity under such program?
No. Although an LEA receives ESSER formula funds via the Title I, Part A formula, ESSER
formula funds are not Title I, Part A funds and are not subject to Title I, Part A requirements.
The CARES Act authorizes a broad array of potential uses of ESSER formula funds under a
number of Federal education statutes; no associated statutory requirements of any of those
programs apply to ESSER funds.
17. May an LEA use its ESSER formula funds to support any school in the district,
regardless of a school’s Title I, Part A status?
Yes. The CARES Act does not define how an LEA distributes funds to schools. An LEA may
support any school in the district or it may target funds based on poverty, indication of school
needs, or other targeting measures.
18. Is there any difference in the amount of funds, or allowable uses of funds, for a school
that implements a schoolwide program under Title I, Part A as compared to a school that
provides targeted support under Title I, Part A?
No. The requirements of Title I, Part A do not apply to ESSER funds. An LEA may support any
of its schools using ESSER funds for any allowable activities under 18003(d) without regard to
Title I eligibility, program type, or funding.
19. Are LEAs required to provide equitable services to nonpublic schools with ESSER
funds?
Yes. Please see the document “Providing Equitable Services to Students and Teachers in Non-
Public Schools under the CARES Act Programs” for more information.
20. Are ESSER funds subject to a supplanting prohibition?
No. The ESSER Fund does not contain a supplanting prohibition. As a result, ESSER funds may
take the place of State or local funds for allowable activities. However, the program does contain
a Maintenance of Effort (MOE) requirement, which is designed to keep States from substantially
reducing their support for K-12 education. 4
4 For further information, please see Section 18008 of the CARES Act. The Department will separately address the MOE
requirement in a separate set of Frequently Asked Questions.
5
21. May an SEA or LEA use ESSER funds for allowable costs incurred prior to receiving
grant funds?
Yes. An SEA and LEA may use ESSER funds for any allowable expenditure incurred on or after
March 13, 2020, the date the President declared the national emergency due to COVID-19.
22. Should SEAs and LEAs anticipate monitoring or auditing of ESSER funds?
Yes. The Department will monitor the use of ESSER funds. In addition, ESSER funds are
subject to audit requirements under the Single Audit Act and to review by the Government
Accountability Office. The Department’s Office of the Inspector General may audit program
implementation, as may any other federal agency, commission, or department in the lawful
exercise of its jurisdiction and authority.
6
TECHNICAL APPENDIX: MAKING ESSER FORMULA SUBGRANTS TO LEAS
This technical appendix has been prepared for the benefit of State administrators who are tasked
with making formula subgrants to LEAs under the ESSER Fund.
ESSER Requirement
A State educational agency (SEA) must allocate at least 90 percent of its total ESSER Fund grant
by formula to LEAs. The SEA must determine each LEA’s ESSER allocation in proportion to
the amount of funds the LEA received under Title I, Part A of the Elementary and Secondary
Education Act of 1965 (ESEA) in the most recent fiscal year. (Section 18003(c) of the CARES
Act).
Title I, Part A Subgrants to LEAs
For the purpose of allocating ESSER funds to LEAs, the following points regarding Title I,
Part A subgrants apply:
• Federal fiscal year (FY) 2019 Title I, Part A subgrants that were awarded by each SEA to
LEAs for the 2019-2020 school year are the most recent Title I, Part A funds on which an
SEA bases ESSER Fund subgrants. Therefore, with the exception of Step 6 below relating to
new or significantly expanded charter school LEAs in school year 2020-2021, an SEA has
the data needed to calculate ESSER LEA allocations because the SEA has already
determined the FY 2019 Title I, Part A LEA subgrant amounts.
• FY 2019 Title I, Part A subgrants are those that each SEA determined under Subpart 2 of
Title I, Part A: that is, the aggregate of basic grants, concentration grants, targeted grants and
education finance incentive grants for which each LEA was eligible after the SEA adjusted,
in accordance with the regulations in 34 C.F.R. §§ 200.70-200.75 5 and § 200.100, 6 the LEA
allocations on the Census list calculated by the Department. 7
• The following are not part of FY 2019 Title I, Part A LEA subgrant amounts an SEA uses to
calculate ESSER LEA allocations:
o FY 2017 or 2018 carryover funds.
o Funds reallocated to an LEA by the SEA under ESEA section 1126(c).
o Funds an LEA received under ESEA section 1003 for school improvement.
5 The regulations in 34 C.F.R. §§ 200.70-200.75 address adjusting for LEAs that are not on the Census list (such as charter school
LEAs), applying the hold harmless after adjusting for LEAs that are not on the Census list, alternative allocations for LEAs under
20,000 total population, and special procedures for calculating concentration grants in small States [available at:
https://www.ecfr.gov/cgi-bin/text-
idx?SID=ea8f771199b0aa9a1f068857ea552084&mc=true&node=sg34.1.200_169.sg5&rgn=div7].
6 The regulations in 34 C.F.R. § 200.100 address an SEA’s reservation of funds for school improvement under ESEA section
1003, including application of the special rule in section 1003(h); funds for State administration under ESEA section 1004; and
funds for direct student services under ESEA section 1003A [https://www.ecfr.gov/cgi-bin/text-
idx?SID=ea8f771199b0aa9a1f068857ea552084&mc=true&node=se34.1.200_1100&rgn=div8].
7 Additional information on the SEA adjustment process to determine LEA Title I, Part A subgrants is provided on pages 2-10 in
the Department’s nonregulatory guidance on ESSA fiscal changes [available at:
https://www2.ed.gov/policy/elsec/leg/essa/essaguidance160477.pdf].
7
o Funds an LEA received under ESEA section 1003A for direct student services.
o Funds an LEA received to carry out Title I, Part D, Subpart 2 (i.e., funds generated by
children in local institutions for delinquent children).
o Reductions to an LEA’s FY 2019 Title I, Part A subgrant due to a failure to meet the
ESEA’s maintenance of effort requirements in the preceding fiscal year and at least
once in the five immediately preceding fiscal years.
o Any adjustments from FY 2018 that an SEA made to FY 2019 Title I, Part A
subgrant amounts.
o FY 2019 Title I, Part A funds that an LEA declined.
Steps to Calculate ESSER Subgrants to LEAs
These steps describe the procedures an SEA follows to calculate the ESSER LEA allocations. An
SEA can complete Steps 1 through 5 in order to make ESSER subgrants to existing eligible
LEAs; the SEA completes Step 6 once it has determined whether any new charter school LEAs
have opened for school year 2020-2021 or any existing charter school LEAs have significantly
expanded for school year 2020-2021 (e.g., during the fall of 2020). (See ESEA section 4306). An
example follows each step, with a combined example for Steps 2 and 3.
Please note that an SEA must complete these steps, including Step 6, and make subgrants to
LEAs within one year of an SEA’s receipt of ESSER funds; any funds not awarded to LEAs by
that deadline must be returned to the Department for reallocation to other States. (See section
18003(f) of the CARES Act).
Step 1: The SEA determines the total amount of ESSER funds it has available to allocate to
LEAs through the ESSER formula by:
• Determining the amount, if any, of ESSER funds it will retain for the SEA reserve (a
maximum of 10 percent of its total ESSER Fund grant, including funds for State
administration).
• Subtracting the SEA reserve amount from the SEA’s total ESSER allocation to determine the
total amount available for LEA subgrants; and
• If a State has charter school LEAs, subtracting from the total amount of ESSER funds
available for LEA subgrants a reasonable amount to retain for new charter school LEAs or
charter school LEAs that will significantly expand in school year 2020-2021 consistent with
ESEA section 4306. (Temporarily retaining funds from the total amount of ESSER funds
available for LEA subgrants for new charter school LEAs or charter school LEAs that will
significantly expand in school year 2020-2021 will reduce the likelihood that an SEA will
have to reduce the ESSER subgrants of other LEAs once the SEA has the data to calculate
the ESSER subgrant of such charter school LEAs. See Step 6b.)
8
Example of Step 1
Row Category Amount
Row 1 SEA’s ESSER Allocation $80,000,000
Row 2 SEA Reserve (10 percent of Row 1) $8,000,000
Row 3 Amount of ESSER funds for LEA subgrants $72,000,000
(Row 1 minus Row 2)
Row 4 Funds retained for new/significantly expanded $1,000,000
charter school LEA subgrants
Row 5 Total amount available to allocate to LEAs $71,000,000
(Row 3 minus Row 4)
Step 2: The SEA identifies each LEA’s FY 2019 Title I, Part A subgrant amount (as described
above under “Title I, Part A Subgrants to LEAs”).
Step 3: The SEA adds the FY 2019 Title I, Part A LEA subgrants to determine the total amount
of FY 2019 Title I, Part A subgrants.
Example of Step 2 and Step 3
LEA operating in school FY 2019 Title I, Part A
Step year 2019-2020 subgrant amount
2 LEA 1 $10,904,500
2 LEA 2 $13,694,277
2 LEA 3 (charter LEA) $257,479
2 LEA 4 (charter LEA) $332,050
2 LEA 5 $5,771,821
2 LEA 6 $0
2 LEA 7 $3,765,959
2 LEA 8 $26,852,135
2 LEA 9 $2,449,979
2 LEA 10 $25,971,800
3 Total $90,000,000
Step 4: The SEA divides each LEA’s Title I, Part A subgrant amount (Step 2) by the total
amount of FY 2019 Title I, Part A subgrants (Step 3) to determine the proportion of the ESSER
formula funds that each LEA receives.
9
Example of Step 4
Total amount of FY Proportion of the
LEA operating in LEA’s FY 2019 Title I, 2019 Title I, Part A ESSER formula funds
school year 2019- Part A subgrant LEA subgrants (From that the LEA receives
2020 amount (From Step 2) Step 3) (Step 2 divided by Step 3)
LEA 1 $10,904,500 $90,000,000 0.1212
LEA 2 $13,694,277 $90,000,000 0.1522
LEA 3 (charter LEA) $257,479 $90,000,000 0.0029
LEA 4 (charter LEA) $332,050 $90,000,000 0.0037
LEA 5 $5,771,821 $90,000,000 0.0641
LEA 6 $0 $90,000,000 0.0000
LEA 7 $3,765,959 $90,000,000 0.0418
LEA 8 $26,852,135 $90,000,000 0.2984
LEA 9 $2,449,979 $90,000,000 0.0272
LEA 10 $25,971,800 $90,000,000 0.2886
Step 5: The SEA multiplies the proportion identified in Step 4 by the portion of its ESSER funds
that it will immediately distribute by formula as determined in Step 1 to calculate each LEA’s
ESSER subgrant.
Example of Step 5
Total amount of
ESSER funds ESSER LEA
LEA operating in Proportion of the ESSER available to subgrant (Amount
school year 2019- formula funds that the allocate to LEAs determined in Step 1
2020 LEA receives (From Step 4) (from Step 1) multiplied by Step 4)
LEA 1 0.1212 $71,000,000 $8,602,439
LEA 2 0.1522 $71,000,000 $10,803,263
LEA 3 (charter LEA) 0.0029 $71,000,000 $203,122
LEA 4 (charter LEA) 0.0037 $71,000,000 $261,951
LEA 5 0.0641 $71,000,000 $4,553,325
LEA 6 0.0000 $71,000,000 $0
LEA 7 0.0418 $71,000,000 $2,970,923
LEA 8 0.2984 $71,000,000 $21,183,351
LEA 9 0.0272 $71,000,000 $1,932,761
LEA 10 0.2886 $71,000,000 $20,488,865
Total $71,000,000
10
Step 6: The SEA recalculates the ESSER LEA allocations after it determines whether there are
any new charter school LEAs or any existing charter school LEAs that significantly expanded for
school year 2020-2021 in accordance with the definition of “significant expansion of enrollment”
in 34 C.F.R. § 76.787. 8
Step 6a (applies only if for school year 2020-2021 there are no new charter school LEAs or
charter school LEAs that significantly expanded in a State): The SEA allocates the amount it
retained under Step 1 for potential new charter school LEAs to the LEAs to which it made
ESSER subgrant allocations in proportion to those amounts.
Example of Step 6a
Column 1 Column 2 Column 3 Column 4 Column 5 Column 6
Amount SEA
retained for ESSER LEA
Proportion of new or allocation of Revised
ESSER formula Initial significantly retained ESSER LEA
LEA operating funds that the ESSER LEA expanded amount (Column subgrant
in school year LEA receives subgrant charter LEAs 4 multiplied by (Column 3 plus
2019-2020 (From Step 4) (From Step 5) (from Step 1) Column 2) Column 5)
LEA 1 0.1212 $8,602,439 $1,000,000 $121,161 $8,723,600
LEA 2 0.1522 $10,803,263 $1,000,000 $152,159 $10,955,422
LEA 3 (charter 0.0029 $203,122 $1,000,000 $2,861 $205,983
LEA)
LEA 4 (charter 0.0037 $261,951 $1,000,000 $3,689 $265,640
LEA)
LEA 5 0.0641 $4,553,325 $1,000,000 $64,131 $4,617,456
LEA 6 0.0000 $0 $1,000,000 $0 $0
LEA 7 0.0418 $2,970,923 $1,000,000 $41,844 $3,012,767
LEA 8 0.2984 $21,183,351 $1,000,000 $298,357 $21,481,708
LEA 9 0.0272 $1,932,761 $1,000,000 $27,222 $1,959,983
LEA 10 0.2886 $20,488,865 $1,000,000 $288,576 $20,777,441
Total $71,000,000 $1,000,000 $72,000,000
Step 6b (applies only if for school year 2020-2021 there are new charter school LEAs or charter
school LEAs that significantly expanded in a State): The SEA recalculates its ESSER LEA
allocations based on the total amount available for LEA subgrants in order to determine the
ESSER subgrant amounts for a new charter school LEA or a significantly expanded charter
school LEA and makes any necessary adjustments to the ESSER LEA subgrants that the SEA
already awarded based on the calculations described in Steps 1 through 5.
8 An SEA will implement Step 6 after the SEA determines whether there are any new charter school LEAs or charter school
LEAs that significantly expanded for school year 2020-2021 based on receiving written notification from a charter school LEA at
least 120 days prior to the date the school is scheduled to open or significantly expand. (See 34 C.F.R § 76.788). Thus, this step
likely will not occur until fall 2020. It must occur within one year of the SEA’s receipt of ESSER funds or the SEA must return
the funds to the Department for reallocation to other States.
11
As background, for a newly opened charter school LEA or a charter school LEA that
significantly expands for school year 2020-2021, an SEA does not have an actual FY 2019 Title
I, Part A subgrant amount for the LEA that reflects either status. ESEA section 4306(a),
however, requires, with respect to any funds that the Department allocates to States on a formula
basis (including the ESSER fund), a State to:
[T]ake such measures as are necessary to ensure that every charter school receives the
Federal funding for which the charter school is eligible not later than [five] months after
the charter school first opens, notwithstanding the fact that the identity and characteristics
of the students enrolling in that charter school are not fully and completely determined
until that charter school actually opens. The measures similarly shall ensure that every
charter school expanding its enrollment in any subsequent year of operation receives the
Federal funding for which the charter school is eligible not later than [five] months after
such expansion.
In order to comply with ESEA section 4306(a), an SEA must determine an ESSER LEA
subgrant allocation for a new or significantly expanded charter school in school year 2020-2021
by deriving what the charter school LEA’s FY 2019 Title I, Part A allocation would have been
based on the characteristics of the charter school LEA’s students in school year 2020-2021. As
detailed in the next paragraph, an SEA already derives this amount for calculating FY 2020 Title
I, Part A allocations to comply with ESEA section 4306(c).
Independent of the CARES Act, as part of calculating a new or significantly expanded charter
school LEA’s FY 2020 Title I, Part A allocation, ESEA section 4306(c) requires an SEA, for
purposes of implementing the Title I, Part A hold-harmless protections in ESEA sections 1122(c)
and 1125A(f)(3) for a newly opened or significantly expanded charter school LEA, to derive a
hold-harmless base under each Title I, Part A formula for FY 2019 that reflects the new or
significantly expanded enrollment of the charter school LEA. 9 Therefore, in order to calculate
the ESSER allocation of a new or significantly expanded charter school LEA, an SEA will
consider such an LEA’s FY 2019 Title I, Part A allocation as the sum of its hold harmless base
under each Title I, Part A formula that the SEA calculates for FY 2020 Title I, Part A allocations
in accordance with ESEA section 4306(c). An example of calculating the ESSER allocation for a
new or significantly expanded charter school LEA and adjusting the ESSER subgrants an SEA
already made (as shown in Steps 1-5) follows on the next page.
9 For more information on ESEA section 4306(c) see pages 4-7 in the Department’s nonregulatory guidance on ESSA fiscal
changes [available at: https://www2.ed.gov/policy/elsec/leg/essa/essaguidance160477.pdf].
12
Example of Step 6b
Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7
LEA
FY 2019 Title I, Part A Difference between
proportion of Revised
subgrant amount or revised ESSER
Column 3 ESSER LEA
ESEA Section 4306(c) Total amount LEA subgrant and
total (Column 3 subgrant
Initial ESSER FY 2019 derived Title I, LEA amount for LEA (Column 5 initial subgrant
LEA subgrant Part A hold harmless divided by subgrants multiplied by (Column 6 minus
LEA (From Step 5) base* Column 3 total) (from Step 1) Column 4) Column 2)
LEA 1 $8,602,439 $10,904,500 0.1209 $72,000,000 $8,704,257 $101,818
LEA 2 $10,803,263 $13,694,277 0.1518 $72,000,000 $10,931,130 $127,867
LEA 3
(significantly
expanded charter
LEA in school year
2020-2021) $203,122 $357,479* 0.0040 $72,000,000 $285,349 $82,227
LEA 4 (charter
LEA) $261,951 $332,050 0.0037 $72,000,000 $265,051 $3,100
LEA 5 $4,553,325 $5,771,821 0.0640 $72,000,000 $4,607,219 $53,894
LEA 6 $0 $0 0.0000 $72,000,000 $0 $0
LEA 7 $2,970,923 $3,765,959 0.0418 $72,000,000 $3,006,087 $35,164
LEA 8 $21,183,351 $26,852,135 0.2977 $72,000,000 $21,434,077 $250,726
LEA 9 $1,932,761 $2,449,979 0.0272 $72,000,000 $1,955,637 $22,876
LEA 10 $20,488,865 $25,971,800 0.2879 $72,000,000 $20,731,370 $242,505
LEA 11 (new
charter LEA in
school year 2020-
2021) $0 $100,000* 0.0011 $72,000,000 $79,823 $79,823
Total $71,000,000 $90,200,000** $72,000,000 $1,000,000
*Figure is the derived FY 2019 Title I, Part A hold harmless base that the SEA calculates in accordance with ESEA section 4306(c) for a charter school LEA that opens or
significantly expands for school year 2020-2021.
**Figure does not equal the actual total of FY 2019 Title I, Part A subgrants from Step 2 due to the SEA’s deriving hold harmless bases for the new and significantly expanded
charter school LEAs, as required by ESEA section 4306(c).
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File and source
- File
- department-of-education-esser-fund-faqs-5-8-2020-www-ed-gov-4cab16365c.pdf
- Size
- 456,395 bytes
- SHA-256
- 61749bfb7c49e85e96a89bcf0607f2d261c63c533bd62a707562c735aa5b3ed7
- Original
- www.ed.gov