Notice Announcing Availability of Funds and Deadline for the ESSER Fund — CARES Act

Summary

This is a Department of Education notice announcing the availability of funds and the deadline for the Elementary and Secondary School Emergency Relief Fund (ESSER Fund) under the CARES Act, CFDA number 84.425D. A header says the document has been sent to the Office of the Federal Register but has not yet been scheduled for publication. The notice sets a deadline for transmittal of the Certification and Agreement of no later than July 1, 2020. It states that the CARES Act, signed into law on March 27, 2020, provides a total of $30.75 billion for the Education Stabilization Fund, of which approximately $13.2 billion will be provided to State educational agencies through the ESSER Fund, and that each SEA must subgrant no less than 90 percent of its award to LEAs.

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Full text

Note: The official version of this document is the document
published in the Federal Register. This document has been
sent to the Office of the Federal Register but has not yet
been scheduled for publication.

4000-01-U

DEPARTMENT OF EDUCATION

Notice Announcing Availability of Funds and Deadline for

the Elementary and Secondary School Emergency Relief Fund

(ESSER Fund); Coronavirus Aid, Relief, and Economic

Security Act (CARES Act)

AGENCY: Office of Elementary and Secondary Education,

Department of Education.

ACTION: Notice.

SUMMARY: The Department of Education (Department) is

issuing a notice announcing the availability of funds and

deadline to submit the Certification and Agreement for the

ESSER Fund under title VIII of Division B of the CARES Act,

the Emergency Appropriations for Coronavirus Health

Response and Agency Operations, Catalog of Federal Domestic

Assistance (CFDA) number 84.425D. This notice relates to

the approved information collection under OMB control

number 1810-0743. Hereinafter, the term “Certification and

Agreement” will be used to refer to the application

required in section 18003(a) of the CARES Act.

DATES:

                             1
Certification and Agreement Available: [INSERT DATE OF

PUBLICATION IN THE FEDERAL REGISTER].

Deadline for Transmittal of Certification and Agreement: No

later than July 1, 2020. Each SEA’s Certification and

Agreement will be processed as it is received and funds

will be obligated on a rolling, expedited basis with the

expectation that State educational agencies (SEAs) and

local educational agencies (LEAs) will also use every

effort to expend the funds quickly to address exigent

student needs.

ADDRESSES: The addresses pertinent to this program,

including the addresses for obtaining and submitting the

Certification and Agreement, can be found under

SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Christopher Tate, U.S.

Department of Education, 400 Maryland Avenue, SW, room

3W229, Washington, DC 20202. Telephone: (202) 453-6047.

Email: ESSERF@ed.gov.

    If you use a telecommunications device for the deaf

(TDD) or a text telephone (TTY), call the Federal Relay

Service (FRS), toll free, at 1-800-877-8339.

SUPPLEMENTARY INFORMATION:

Full Text of Announcement

I. Funding Opportunity Description
                             2
Purpose of Program: Under the ESSER Fund, we will award

grants by formula to SEAs for the purpose of providing

LEAs, including charter schools that are LEAs, with

emergency relief funds 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 includes developing and

implementing plans for educational services and continued

learning whether school campuses are open or closed.

Background: This notice announces availability of funds and

Certification and Agreement deadline for SEAs for the ESSER

Fund. The CARES Act, which was signed into law on March 27,

2020, provides a total of $30.75 billion for the Education

Stabilization Fund, of which approximately $13.2 billion

will be provided to SEAs to support elementary and

secondary education through the ESSER Fund. SEAs in all 50

States, the Commonwealth of Puerto Rico, and the District

of Columbia are eligible for funding under the ESSER Fund

(references to States in this notice include Puerto Rico

and the District of Columbia).

  Each SEA must subgrant no less than 90 percent of its

ESSER Fund award to LEAs (including charter schools that

are LEAs) in the State in proportion to the amount of funds

the LEAs (including charter school LEAs) received under
                              3
title I, part A of the Elementary and Secondary Education

Act of 1965 (ESEA) in fiscal year (FY) 2019. The remaining

funds (hereafter SEA reserve) may be used for emergency

needs as determined by the SEA to address issues related to

COVID-19, which may be addressed through the use of grants

or contracts. From an SEA’s reserve, the SEA may use not

more than 1/2 of 1 percent of the SEA’s total grant for

administrative costs.

     Consistent with section 18003(d) of the CARES Act,

LEAs may use ESSER funds to address the impact that COVID-

19 has had, and continues to have, on elementary and

secondary schools across the Nation. The Department

encourages SEAs that use funds for remote learning to make

strategic investments that promote student achievement

through long-term improvements in infrastructure and

operations so that students may receive educational

services whether or not school campuses are open or closed.

Program Authority: Section 18003 of Title VIII of Division

B of the CARES Act, Pub. Law 116-136 (enacted March 27,

2020).

Applicable Regulations: (a) The Education Department

General Administrative Regulations in 34 CFR parts 76, 77,

81, 82, 84, 97, 98, and 99. (b) The Office of Management

and Budget Guidelines to Agencies on Governmentwide
                              4
Debarment and Suspension (Nonprocurement) in 2 CFR part

180, as adopted and amended as regulations of the

Department in 2 CFR part 3485. (c) The Uniform

Administrative Requirements, Cost Principles, and Audit

Requirements for Federal Awards in 2 CFR part 200, as

adopted and amended as regulations of the Department in 2

CFR part 3474.

II. Award Information

Type of Award: Formula grants.

Available Funds: Congress appropriated a total of

$13,229,265,000 for awards under this program.

Period of Availability of Funds: Funds under this program

remain available for obligation through September 30, 2022.

However, an SEA must award funds received under this

program to eligible entities (i.e., LEAs, or, in the case

of the SEA reserve, recipients of grants or contracts)

within one year of receipt of the funds by the SEA. Any

funds that the SEA fails to award by the one-year deadline

must be returned to the Department for reallocation to

other SEAs.

III. Eligibility Information

    1. Eligible Applicants: SEAs.

    2. Cost Sharing or Matching: This program does not

require cost sharing or matching.
                              5
    3. Subrecipients: An SEA must use at least 90 percent

of its ESSER Fund award to make formula subgrants to LEAs.

The SEA may reserve up to 10 percent of its ESSER Fund

award to award subgrants or enter into contracts for

emergency needs that address issues related to COVID-19.

    4. Equitable Services: An SEA must ensure that an LEA

that receives an ESSER Fund subgrant provides equitable

services to students and teachers in non-public schools

located within the LEA in the same manner as provided under

section 1117 of the ESEA, as determined through timely and

meaningful consultation with representatives of non-public

schools. In providing services or assistance to students

and teachers in non-public schools, the LEA or another

public agency must maintain control of the funds, and title

to materials, equipment, and property purchased with such

funds must be in a public agency. Services for non-public

school students and teachers must be provided by a public

agency directly or through contract with another public or

private entity. The Department will provide additional

guidance to LEAs on equitable services requirements.

IV. Submission Information

    1. Certification and Agreement Submission

Instructions: The signed Certification and Agreement and

requested information under this program must be submitted
                             6
electronically in Portable Document Format (PDF) to the

email address ESSERF@ed.gov. The Certification and

Agreement and related information can be found on the

Department’s website at:

https://oese.ed.gov/offices/education-stabilization-

fund/elementary-secondary-school-emergency-relief-fund/.

    2. SEA Reserve: A State may reserve up to 10 percent

of its ESSER Fund award, as determined by the SEA, for

State-level activities to address issues related to COVID-

19. From an SEA’s reserve, the SEA may use not more than

1/2 of 1 percent of the SEA’s total grant for

administrative costs.

    3. Data Universal Numbering System Number, Taxpayer

Identification Number, and System for Award Management: In

general, to do business with the Department, you must--

  (a) Have a Data Universal Numbering System (DUNS) number

and a Taxpayer Identification Number (TIN);

  (b) Register both your DUNS number and TIN with the

System for Award Management (SAM), the Government’s primary

registrant database;

  (c) Provide your DUNS number and TIN on your SAM

application; and

  (d) Maintain an active SAM registration with current

information while your application is under review by the
                              7
Department and, if you are awarded a grant, during the

project period.

    You can obtain a DUNS number from Dun and Bradstreet

at the following website: http://fedgov.dnb.com/webform. A

DUNS number can be created within one to two business days.

    The SAM registration process can take approximately

seven business days, but may take upwards of several weeks,

depending on the completeness and accuracy of the data you

enter into the SAM database. Given the national emergency

related to COVID-19, the Department will accept an

application without an active SAM registration and may

allow registered SAM users whose registrations expire

before May 16, 2020, an additional 60 days to update their

registration, consistent with the Office of Management and

Budget Memo, M-20-17.

    If you are currently registered with SAM, you may not

need to make any changes. However, please make certain that

the TIN associated with your DUNS number is correct. Also

note that you will need to update your registration

annually. This may take three or more business days.

    Information about SAM is available at www.SAM.gov. To

further assist you with obtaining and registering your DUNS

number and TIN in SAM or updating your existing SAM


                             8
account, we have prepared a SAM.gov Tip Sheet, which you

can find at: www2.ed.gov/fund/grant/apply/sam-faqs.html.

V. Certification and Agreement Review Information

  1. Compliance Assurances:

  (a) In General. Each applicant must provide an assurance

that it will comply with all requirements that apply to the

ESSER Fund, including, but not limited to, assuring that

the SEA will: allocate no less than 90 percent of the grant

funds to LEAs in proportion to the amount of funds each LEA

received under title I, part A of the ESEA in FY 2019;

ensure that LEAs use funds only for allowable activities;

comply with applicable Office of Management and Budget

standard assurances; sign and submit a certification

regarding lobbying using Department Form 80-0013; cooperate

with any Inspector General inquiries; and comply with any

other applicable assurances and certifications.

  (b) Maintenance of Effort. As a condition of receiving

ESSER funds, a State must maintain support for elementary

and secondary education and State support for higher

education (which must include State funding to institutions

of higher education and State need-based financial aid, and

may not include support for capital projects or for

research and development or tuition and fees paid by

students) in FYs 2020 and 2021 at least at the levels of
                             9
such support that is the average of such State’s support

for elementary and secondary education and for higher

education in the three FYs preceding March 27, 2020. The

Secretary may waive the requirement that a State maintain

effort for the purpose of relieving fiscal burdens on

States that have experienced a precipitous decline in

financial resources.

    (c) Employees and Contractors. An entity receiving

ESSER funds must, to the greatest extent practicable,

continue to compensate its employees and contractors during

the period of any disruptions or closures related to COVID-

19 in compliance with Section 18006 of Division B of the

CARES Act. In addition, each entity that accepts funds will

continue to pay employees and contractors to the greatest

extent practicable based on the unique financial

circumstances of the entity. CARES Act funds generally will

not be used for bonuses, merit pay, or similar

expenditures, unless related to the disruptions or closures

resulting from COVID-19.

 2. Assurance on Remote Learning:   The SEA must assure

that, when applicable, it will provide technical assistance

to LEAs on the use of ESSER funds for remote learning,

which includes both distance education as defined in

section 103(7) of the HEA and distance learning as defined
                             10
in ESEA section 8101(14), so that students can continue

learning during school closures.

  3. Risk Assessment and Specific Conditions: Consistent

with 2 CFR 200.205, before awarding grants under this

program, the Department conducts a review of the risks

posed by applicants. Under 2 CFR 3474.10, the Secretary may

impose specific conditions, and, in appropriate

circumstances, high-risk conditions on a grant if the

applicant or grantee is not financially stable; has a

history of unsatisfactory performance; has a financial or

other management system that does not meet the standards in

2 CFR part 200, subpart D; has not fulfilled the conditions

of a prior grant; or is otherwise not responsible.

    4. Integrity and Performance System: If you receive an

award under this grant program that over the course of the

project period may exceed the simplified acquisition

threshold (currently $250,000), under 2 CFR 200.205(a)(2),

we must make a judgment about your integrity, business

ethics, and record of performance under Federal awards--

that is, the risk posed by you as an applicant--before we

make an award. In doing so, we must consider any

information about you that is in the integrity and

performance system (currently referred to as the Federal

Awardee Performance and Integrity Information System
                             11
(FAPIIS)), accessible through the System for Award

Management. You may review and comment on any information

about yourself that a Federal agency previously entered and

that is currently in FAPIIS.

    Please note that, if the total value of your currently

active grants, cooperative agreements, and procurement

contracts from the Federal Government exceeds $10,000,000,

the reporting requirements in 2 CFR part 200, Appendix XII,

require you to report certain integrity information to

FAPIIS semiannually. Please review the requirements in 2

CFR part 200, Appendix XII, if this grant plus all the

other Federal funds you receive exceed $10,000,000.

VI. Award Administration Information

    1.   Administrative and National Policy Requirements:

We identify administrative and national policy requirements

in the application package and reference these and other

requirements in the Applicable Regulations section of this

notice. We reference the regulations outlining the terms

and conditions of a grant in the Applicable Regulations

section of this notice. The Grant Award Notification (GAN)

also incorporates your approved application as part of your

binding commitments under the grant.

    2. Reporting: (a) If you apply for a grant under this

program, you must ensure that you have in place the
                             12
necessary processes and systems to comply with the

reporting requirements in 2 CFR part 170 should you receive

funding. This does not apply if you have an exception under

2 CFR 170.110(b).

    (b) The SEA will submit to the Department, within 60

days of receiving an ESSER grant, a report that includes: a

budget for the SEA’s reserve that includes information

about the up to ½ of 1 percent of the SEA’s total grant for

administrative costs and the uses of funds for emergency

needs to address issues related to COVID-19; and an

Internal Control and Subrecipient Monitoring Plan to ensure

that funds are used for allowable purposes in accordance

with cash management principles.

    (c) The SEA will comply with all reporting

requirements, including those in Section 15011(b)(2) of

Division B of the CARES Act, and submit required quarterly

reports to the Secretary at such time and in such manner

and containing such information as the Secretary may

subsequently require. (See 2 CFR 200.327-200.329). The

Secretary may require additional reporting in the future,

which may include: the methodology LEAs will use to provide

services or assistance to students and staff in both public

and non-public schools, the uses of funds by the LEAs or

other entities and demonstration of their compliance with
                             13
Section 18003(d), such as any use of funds addressing the

digital divide, including securing access to home-based

connectivity and remote-use devices, related issues in

supporting remote learning for all students, including

disadvantaged populations; how the LEA determined its most

important educational needs as a result of COVID-19; the

LEA’s proposed timeline for the providing of services and

assistance to students and staff in both public and non-

public schools; the extent to which the LEA used ESSER

Funds to promote remote learning; how the LEA assessed and

addressed student learning gaps resulting from the

disruption in educational services; the extent to which the

SEA used any portion of its SEA reserve to support

technological capacity and access – including hardware and

software, connectivity, and instructional expertise – to

support remote learning; and the extent to which the SEA

used any portion of its SEA reserve to support remote

learning by developing new informational and academic

resources and expanding awareness of, and access to, best

practices and innovations in remote learning and support

for students, families, and educators.

VII. Other Information

Accessible Format: Individuals with disabilities can obtain

this document and a copy of the application package in an
                             14
accessible format (e.g., braille, large print, audiotape,

or compact disc) on request to the program contact person

listed under FOR FURTHER INFORMATION CONTACT.

Electronic Access to This Document: The official version of

this document is the document published in the Federal

Register. You may access the official edition of the

Federal Register and the Code of Federal Regulations at

www.govinfo.gov. At this site you can view this document,

as well as all other documents of this Department published

in the Federal Register, in text or PDF. To use PDF you

must have Adobe Acrobat Reader, which is available free at

the site.

    You may also access documents of the Department

published in the Federal Register by using the article

search feature at www.federalregister.gov. Specifically,

through the advanced search feature at this site, you can

limit your search to documents published by the Department.

Dated:

                              _____________________________
                              Frank T. Brogan,
                              Assistant Secretary for
                              Elementary and Secondary
                              Education.




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