The Department of Education (DOE) recently updated its guidance on ESSER and GEER funding to include more information on a variety of topics, including disposition rules for equipment and supplies, reporting requirements for construction and land purchase, and expanded details and examples of the general scope of use of funds for reopening schools safely and promoting the health and safety of students, staff, and the school community, advancing educational equity, and using funds to support educators and staff, and well as further clarification on obligating and liquidating ESSER and GEER funds.
The updated FAQ outlines the disposition rules for equipment and supplies purchased with ESSER and GEER funds. As further detailed in the FAQ, equipment and supplies no longer needed for purposes of an ESSER or GEER program should first be used in another federal program or, if not needed for that purpose, then may be retained, sold, or (if fair market value under $5,000) otherwise disposed of. However, if the fair market value of the equipment or supplies no longer needed is in excess of $5,000, the DOE may be entitled to a share of the value of such equipment or supplies retained or sold.
Regarding construction, while ESSER and GEER funds may be used for new construction, remodeling, alterations, renovation, and repairs, the DOE discourages using the funds if doing so would limit an LEA’s ability to support other essential needs and initiatives. Notably, the DOE states that using ESSER and GEER funds to renovate, remodel, or construct athletic facilities would be an allowable use of funds only with a showing that the expenditure prevents, prepares for, or responds to COVID-19, and using these funds to mitigate natural disaster damage would be allowable in limited circumstances when consistent with the purpose of ESSER and GEER funds. Additionally, new information on the Federal reporting requirements when funds are used to purchase land, construct a building, or make improvements to a building has been added, which requirements include, in part, recording a federal interest in the title of the real property (including a covenant to assure nondiscrimination during the useful life of the project) and consultation with the DOE when the property is modified or disposed of.
The FAQ also contains several helpful clarifications on the general scope of use of funds. ESSER and GEER funds may be used to pay student fees for activities such as art, music, and theater classes in certain circumstances to support activities addressing the unique needs of certain groups of students and otherwise help students recover from the pandemic, and to the extent a low-income student’s family’s ability to pay for school meals has been impacted by COVID-19, ESSER or GEER funds may be used to cover the student’s school lunch balance. Use of funds to pay utilities costs and installing video security systems also may be allowable costs in limited circumstances when the purpose is aligned with the purpose of ESSER/GEER. Details of such usage are found in the FAQ, and may be subject to further interpretation by ISBE.
Updates on strategies on support of multilingual learners with ESSER and GEER funds are also contained in the FAQ. Schools can use these funds to initiate or expand currently existing multilingual instruction programs, provide professional development to educators to ensure instruction and enrichment are evidence-based and culturally responsive, and recruit, prepare, and develop multilingual educators and staff, among other initiatives. Furthermore, using ESSER and GEER funds to develop, improve, and administer assessments for English learners is now included in the FAQ as an appropriate use of these funds.
A Governor, SEA or LEA must obligate ESSER II funds by September 30, 2023, and SEAs may establish a shorter period of availability of awards. The DOE clarifies that grantees and subgrantees must liquidate funds within 120 calendar days after the program’s obligation date.
For more information, please see the DOE’s FAQ guidance document updated December 7, 2022, or reach out to our Corporate group with further questions.
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