Select Page

Legislative Update


U.S. Dept. of Education set to receive state applications for CARES Act funds

by | Apr 23, 2020 | Federal Budget, Federal Issue, Legislative Update Blog, State Budget, State Issue

In a conference call to education stakeholders U.S. Education Secretary Betsy DeVos announced today that her agency is ready to start accepting applications from states for the release of more than $13.2 billion in emergency relief available to state and local education agencies. State educational agencies (such as the DPI) will be awarded the funds for distribution to local school districts and independent charter schools.

This funding, known officially as the Elementary and Secondary School Education Relief Fund (ESSER Fund), comes from the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act approved by Congress and signed into law by President Trump in late March. It is meant to support continued learning for K-12 students whose educations have been disrupted by school closures due to the current public health emergency.

Wisconsin’s share of ESSER funding will total just under $177.8 million, of which $157.3 million is to be distributed to school districts and independent charter schools, and is to be allocated in proportion to the share of the state’s Title I, Part A allocation each receives. The DPI’s preliminary, rough estimates have suggested that districts are likely to receive supplemental funds totaling 75 to 80 percent of their 2019-20 Title I allocation.  In addition, nearly $17.5 million will be left to the DPI to distribute. The department is working on a plan for that, which will likely attempt to allocate funds to provide every school district with at least some minimal level of funding–creating a funding floor so to speak.

School leaders should be aware that districts should not expect to receive their allocations for awhile. Although the U.S. Department of Education indicates it will try to process and approve state applications for this funding within 3 to 4 days after receiving them, it will take some time for the DPI to determine allocations. In addition, under Wisconsin statutes, the DPI will have to receive approval of its spending plan from the Legislature’s Joint Committee on Finance before it can release these funds to school districts

School leaders should also be aware that Title I equitable participation requirements will apply to these funds. That means public schools districts receiving these funds must provide equitable service to non-public schools within their boundaries.

School leaders should further be aware that the use of these funds is not restricted to Title I purposes. Funds can be used to implement activities related to:

  • ESEA, IDEA, Carl Perkins, and McKinney-Vento.
  • Coordination of preparedness and response efforts with other agencies related to the coronavirus.
  • Providing principals with resources to meet the needs of schools.
  • Address the unique needs of low-income children or students, children with disabilities, English learners, racial and ethnic minorities, students experiencing homelessness, and foster care youth, including how outreach and service delivery will meet the needs of each population.
  • Developing and implementing procedures and systems to improve the preparedness and response efforts of local educational agencies.
  • Training and professional development for staff of the local educational agency on sanitation and minimizing the spread of infectious diseases.
  • Purchasing supplies to sanitize and clean the facilities of a local educational agency, including buildings operated by such agency.
  • Planning for and coordinating during long-term closures, including for how to provide meals to eligible students, how to provide technology for online learning to all students, how to provide guidance for carrying out requirements under IDEA, and how to ensure other educational services can continue to be provided consistent with all federal, state, and local requirements.
  • Purchasing educational technology (including hardware, software, and connectivity) for students who are served by the local educational agency that aids in regular and substantive educational interaction between students and their classroom instructors, including low-income students and students with disabilities, which may include assistive technology or adaptive equipment.
  • Providing mental health services and supports.
  • Planning and implementing activities related to summer learning and supplemental afterschool programs, including providing classroom instruction or online learning during the summer months and addressing the needs of low-income students, students with disabilities, English learners, migrant students, students experiencing homelessness, and children in foster care.
  • Other activities that are necessary to maintain the operation of and continuity of services in the LEA.

States must meet a maintenance of effort (MOE) requirement when accepting these funds.  States must maintain support for K-12 education and higher education (funding to institutions and need-based financial aid) in fiscal years 2019-20 and 2020-21 equal to their average support in the preceding three years. However, the CARES Act gives the secretary of education authority to waive this MOE provision if states have “experienced a precipitous decline in financial resources.”

State-by-state allocations for the ESSER Fund can be accessed here

Other key links:

USED Press Release on Elementary and Secondary School Emergency Relief Fund (ESSER Fund).
ESSER Fund Main Page
ESSER Fund Cover Letter
ESSER Fund Notice
ESSER Fund Certification and Agreement

Print Friendly, PDF & Email

Subscribe to the WASB blogs!

Subscribe to receive notifications of new posts by email.