Federal Pandemic Relief Programs

Seeking Public Comment: VDOE Waiver Request to the U.S. Department of Education of Section 421(b) of the General Education Provisions Act

The Virginia Department of Education (VDOE) is formally requesting a waiver of Section 421(b) of the General Education Provisions Act, to extend the period of availability for State administrative funds consolidated under ESEA section 8201, including American Rescue Plan (ARP) Act State administrative funds and fiscal year (FY) 2022 ESEA State administrative funds. The waiver will allow VDOE to use funds reserved for administration under ESEA section 8201 to address ongoing administrative costs, support to LEAs, and avoid termination of funds for critical services for LEAs, schools, students, and teachers and other educational staff. The waiver will also allow VDOE to implement the monitoring plans embedded in our United States Department of Education-approved State ARPA Plan as well as retain the ability to provide technical assistance throughout anticipated late liquidation and reporting periods to ensure quality implementation and data sharing by all LEAs in the state. Comments on the draft waiver may be e-mailed to vdoefederalrelief@doe.virginia.gov.

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Overview

Several federally funded programs have been authorized to support public and non-public schools during the COVID-19 pandemic. The overarching purpose of these programs is to address the impact that COVID-19 has had, and continues to have, on elementary and secondary schools in Virginia.

ESSER LEA Allocations

90% of ESSER I (CARES Act), ESSER II (CRRSA), and ESSER III (ARPA) federal pandemic funds were distributed to Local Educational Agencies (LEAs) through formula grants.

• Memo 133-20, Attachment B: Revised CARES Act Elementary and Secondary School Emergency Relief Fund Division Allocations (XLS) 
• Memo 012-21, Attachment B: CRRSA Act ESSER II Fund 90 Percent LEA Allocations (XLS)
• Memo 304-21, Attachment B: Revised ARP Act ESSER III Fund 90 Percent LEA Allocations (XLSX)

ESSER LEA Spending

• ESSER School Division Formula and Set-Aside Spending October 2022 (XLSX)
• ESSER School Division Formula and Set-Aside Spending October 2022 (PDF)

Spending Reminders

• List of Expiring Federal Funds 2023 (July 2023)
• List of Expiring Federal Funds 2023 (updated September 2023)
• List of Expiring Federal Funds 2024 (September 2024)

Coronavirus Aid, Relief, and Economic Security (CARES) Act

The CARES Act was signed into law on March 27, 2020. The CARES Act includes a $30.75 billion education stabilization fund with three components: the Elementary and Secondary School Emergency Relief (ESSER) Fund, the Governor’s Emergency Education Relief (GEER) Fund, and the Higher Education Emergency Relief (HEER) Fund.

The period of performance for CARES Act funds is March 13, 2020 through September 30, 2022.

CARES Act Awards for School Divisions:

• Additional CARES Act State Set-Aside Awards to School Divisions (Word) - Superintendent’s Memo 319-20
  • Memo 319-20, Attachment A: Additional Required Special Terms and Conditions for Grant Awards or Cooperative Agreements (Word)
  • Memo 319-20, Attachment B: Additional CARES Act ESSER and GEER Fund Division Allocations (XLS)
  • Memo 319-20, Attachment C: CARES Act ESSER and GEER State Set-Aside Fund Terms of Grant Award (Word)
• CARES Act Awards to Administer and Conduct an Alignment Study on Certain Student Growth Assessments (Word) - Superintendent’s Memo 313-20
  • Memo 313-20, Attachment A: Additional Required Special Terms and Conditions for Grant Awards or Cooperative Agreements (Word)
  • Memo 313-20, Attachment B: CARES Act ESSER Fund Student Growth Assessment Division Awards (XLS)
  • Memo 313-20, Attachment C: CARES Act ESSER Fund Student Growth Assessment Terms of Grant Award (Word)
• Revised CARES Act State Set-Aside Awards to School Divisions (Word) - Superintendent’s Memo 291-20
  • Memo 291-20, Attachment A: Additional Required Special Terms and Conditions for Grant Awards or Cooperative Agreements (Word)
  • Memo 291-20, Attachment B: Revised CARES Act ESSER and GEER Fund Division Allocations (XLS)
  • Memo 291-20, Attachment C: CARES Act ESSER and GEER State Set-Aside Fund Terms of Grant Award (Word)
• CARES Act State Set-Aside Awards to School Divisions (Word) - Superintendent’s Memo 261-20
  • Memo 261-20, Attachment A: Additional Required Special Terms and Conditions for Grant Awards or Cooperative Agreements (Word)
  • Memo 261-20, Attachment B: FFATA Reporting (Word)
  • Memo 261-20, Attachment C: CARES Act ESSER and GEER Fund Division Allocations (XLS)
  • Memo 261-20, Attachment D: CARES Act ESSER and GEER State Set-aside Fund Terms of Grant Award (Word)
• Revised CARES Act Elementary and Secondary School Emergency Relief (ESSER) Fund Division Allocations (Word) - Superintendent’s Memo 133-20
  • Memo 133-20, Attachment A: Additional Required Special Terms and Conditions for Grant Awards or Cooperative Agreements (Word)
  • Memo 133-20, Attachment B: Revised CARES Act Elementary and Secondary School Emergency Relief Fund Division Allocations (XLS)
• CARES Act Elementary and Secondary School Emergency Relief Fund Division Allocations (Word) - Superintendent’s Memo 110-20
  • Memo 110-20, Attachment A: Additional Required Special Terms and Conditions for Grant Awards or Cooperative Agreements (Word)
  • Memo 110-20, Attachment B: CARES Act Elementary and Secondary School Emergency Relief Fund Division Allocations (XLS)
  • Memo 110-20, Attachment C: CARES Act Elementary and Secondary School Emergency Relief Fund Terms of Grant Award (Word)
  • Memo 110-20, Attachment D: CARES Act Elementary and Secondary School Emergency Relief Fund Allowable Uses of Funds (Word)

CARES Act Awards for Part-Time and Regional Programs:

• CARES Act ESSER Fund State Set-Aside Awards to Part-time Regional Programs (Word) - Superintendent’s Memo 324-20
  • Memo 324-20, Attachment A: Additional Required Special Terms and Conditions for Grant Awards or Cooperative Agreements (Word)
  • Memo 324-20, Attachment B: CARES Act ESSERF State Set-aside Part-time Regional Program Allocations (XLS)
  • Memo 324-20, Attachment C: CARES Act ESSERF State Set-aside Fund Terms of Grant Award (Word)

CARES Act Awards for Institutions of Higher Education:

• CARES Act GEERF Grant Awards to Virginia Higher Education Institutions and Centers (Word) - Superintendent’s Memo to Virginia Institutions of Higher Education and Higher Education Centers
  • Attachment A: Additional Required Special Terms and Conditions for Grant Awards or Cooperative Agreements (Word)
  • Attachment B: FFATA Reporting (Word)
  • Attachment C: CARES Act GEERF Grant Awards to Virginia Higher Education Institutions and Centers (XLS)
  • Attachment D: Terms of Grant Award to Virginia Institutions of Higher Education and Higher Education Centers (Word)

Coronavirus Response and Relief Supplemental Appropriations (CRRSA) Act

The CRRSA Act was authorized in December 2020. The CRRSA Act includes an additional $82 billion in education stabilization funds. CRRSA Act ESSER II and GEER II funds can be used for the same programs and activities as the CARES Act funds.

The period of performance for CRRSA Act funds is March 13, 2020 through September 30, 2023.

CRRSA Act Awards for School Divisions:

• School Division School Bus Driver Incentive Grant Awards Program Funded from GEER II and ESSER II State Activities Funds (PDF) - Superintendent’s Memo 014-22
  • Memo 014-22, Attachment A: Grant Awards (XLSX)
  • Memo 014-22, Attachment B: Additional Required Special Terms and Conditions for Grant Awards or Cooperative Agreements (Word)
  • Memo 014-22, Attachment C: Terms of Grant Award (Word)
• Awards to School Divisions for the Addressing Unfinished Learning and Extended School Year/Year Round School Programs (PDF) - Superintendent’s Memo 163-21
  • Memo 163-21, Attachment A: Additional Required Special Terms and Conditions for Grant Awards or Cooperative Agreement (Word)
  • Memo 163-21, Attachment B: Addressing Unfinished Learning and Extended School Year/Year Round School Division Allocations (XLSX)
  • Memo 163-21, Attachment C: Addressing Unfinished Learning and Extended School Year/Year Round School Terms of Grant Award (Word)
• Coronavirus Response and Relief Supplemental Appropriations Act - ESSER II 90 Percent LEA Awards (Word) - Superintendent’s Memo 012-21
  • Memo 012-21, Attachment A: Additional Required Special Terms and Conditions for Grant Awards or Cooperative Agreements (Word)
  • Memo 012-21, Attachment B: CRRSA Act ESSER II Fund 90 Percent LEA Allocations (XLS)
  • Memo 012-21, Attachment C: CRRSA Act ESSER II Fund Terms of Grant Award (Word)
  • Memo 012-21, Attachment D: CRRSA Act ESSER II Fund Allowable Uses of Funds (Word)

CRRSA Act Awards for Institutions of Higher Education:

• CRRSA Act GEER II Grant Awards to Virginia Public Institutions of Higher Education (PDF) - Superintendent’s Memo to Virginia Public Institutions of Higher Education
  • Attachment A: Additional Required Special Terms and Conditions for Grant Awards or Cooperative Agreements (Word)
  • Attachment B: FFATA Reporting (Word)
  • Attachment C: CRRSA Act GEER II Awards to VA Public Institutions of Higher Education (XLSX)
  • Attachment D: CRRSA Act GEER II Terms of Grant Award (Word)

American Rescue Plan (ARP) Act

The American Rescue Plan (ARP) Act was authorized in March 2021. The ARP Act includes an additional $122 billion in ESSER III funds, which can be used for the same programs and activities as ESSER I and ESSER II. School divisions must use twenty percent of their ESSER III formula fund allocations to address learning loss.

The period of performance for ARP Act funds is March 13, 2020 through September 30, 2024.

Virginia's ARP Act ESSER State Plan

On October 14, 2021, the U.S. Department of Education approved Virginia's American Rescue Plan (ARP) Act Elementary and Secondary School Emergency Relief (ESSER) fund state plan.

• Virginia's ARP Act ESSER State Plan (Word - ADA Complaint)
• Virginia's ARP Act ESSER State Plan (PDF)
• U.S. Department of Education State Plan Approval Letter (PDF)

ARP Act Awards for School Divisions:

• ARP Act ESSER III School Division Awards for Addressing Unfinished Learning, Before and After School Programs, and Summer Programs (PDF) - Superintendent’s Memo 022-22
  • Memo 022-22, Attachment A: Additional Required Special Terms and Conditions for Grant Awards or Cooperative Agreements (Word)
  • Memo 022-22, Attachment B: ESSER III Addressing Unfinished Learning, Before and After School Programs, and Summer Programs Division Allocations (XLSX)
  • Memo 022-22, Attachment C: ESSER III Addressing Unfinished Learning, Before and After School Programs, and Summer Programs Terms of Grant Award (Word)
• Revised American Rescue Plan Act ESSER III 90 Percent LEA Awards (PDF) - Superintendent’s Memo 304-21
  • Memo 304-21, Attachment A: Additional Required Special Terms and Conditions for Grant Awards or Cooperative Agreements (Word)
  • Memo 304-21, Attachment B: Revised ARP Act ESSER III Fund 90 Percent LEA Allocations (XLSX)
• American Rescue Plan Act - ESSER III 90 Percent LEA Awards (PDF) - Superintendent’s Memo 110-21
  • Memo 110-21, Attachment A: Additional Required Special Terms and Conditions for Grant Awards or Cooperative Agreements (Word)
  • Memo 110-21, Attachment B: ARP Act ESSER III Fund 90 Percent LEA Allocations (XLSX)
  • Memo 110-21, Attachment C: ARP Act ESSER III Fund Terms of Grant Award (Word)
  • Memo 110-21, Attachment D: ARP Act ESSER III Fund Allowable Uses of Funds (Word)

Coronavirus State and Local Fiscal Recovery Fund (CSLFRF) Awards for School Divisions:

• School Division Grant Awards for Ventilation Improvement Projects - from ARPA Coronavirus State and Local Fiscal Recovery Funds (PDF) - Superintendent’s Memo 013-22
  • Memo 013-22, Attachment A: Grant Awards for Qualifying Ventilation Replacement and Improvement Projects (XLSX)
  • Memo 013-22, Attachment B: Terms of the Grant Award (Word)
  • Memo 013-22, Attachment C: Special Terms and Conditions (Word)

Maintenance of Equity:

• U.S. Department of Education Guidance on Maintenance of Equity
• ESSER III Maintenance of Equity - Required Identification of High Poverty Schools (PDF) - Superintendent's Memo 206-21
  • Memo 206-21, Attachment A: ESSER III Maintenance of Equity Tool to Identify High Poverty Schools (XLSX)
• Division Level Maintenance of Equity Data -2021-2022 (Word - ADA Complaint)
• Division Level Maintenance of Equity Data -2021-2022 (XLSX)
• State Level Maintenance of Equity Data -FY2022  (XLSX)
• Division Level Maintenance of Equity Data -2022-2023
• State Level Maintenance of Equity Data -FY2023

School Division ARP ESSER Plans:

• Links to school division ARP ESSER Plans (XLSX)

Emergency Assistance for Non-Public Schools (EANS) I and II

The purpose of the EANS program is to provide services or assistance to eligible non-public schools to address the impact that COVID-19 has had, and continues to have, on non-public school students and teachers in the state.

EANS I

• Emergency Assistance for Non-Public Schools Program Application Process (PDF) – Superintendent’s Memo 080-21
• EANS Application Narrative (Word)
• EANS Application Budget (XLSB)
• EANS Application Guidelines Instructions, and Assurances (Word)
• EANS Application Training (PPT)
• Emergency Assistance for Non-Public Schools Program Value of Services Awarded (PDF) - Superintendent’s Memo 140-21
  • Memo 140-21, Attachment A: Emergency Assistance for Non-Public Schools (EANS) Fund (XLSX)
  • EANS Invoice Form (XLSX)
  • EANS Inventory Form (XLSX)

EANS II

• ARP Act Emergency Assistance for Non-Public Schools (EANS) II Program Application Process (PDF) - Superintendent's Memo 306-21
• EANS II Application (XLSB)
• EANS II Overview and Application Process (PPT)
• ARP Act EANS II Values of Services to Non-Public Schools (PDF) - Superintendent's Memo to EANS II Participants
  • Attachment A - Emergency Assistance for Non-Public Schools (EANS) II Fund (XLSX)

Monitoring

• 2023 Program Monitoring for Federal Pandemic Relief Programs (PDF) - Superintendent's Memo 277-22
  • Memo 277-22, Attachment A: 2023 Monitoring Schedule for Federal Pandemic Relief Programs (Word)
  • Updated 2023-2024 Monitoring Schedule for Federal Pandemic Relief Programs (Word)
• Federal Pandemic Relief Programs Monitoring Protocol (XLSX)
• Preparing for and Participating in Monitoring (Word)
• Overview of Federal Pandemic Relief Programs Monitoring (PPT)

Virginia Department of Education Federal Pandemic Relief Programs Staff and Assignments

• List of Federal Pandemic Relief Programs Staff (Word)

Resources

• CARES Act (PDF)
• CRRSA Act
• ARP Act
• Governor’s Emergency Education Relief Fund
• Overview of ESSER II Federal Pandemic Relief Funds for School Divisions (Word)
• U.S Department of Education Guidance on ESSER and GEER Spending (PDF)
  • ESSER Spending Guidance Overview (PPT)https://www.dol.gov/agencies/whd/government-contracts/construction
  • ESSER and GEER Construction Prior Approval Form (Word)
• Using ARP ESSER Funds to Address Unfinished Learning (Word - ADA Compliant)
• Using ARP ESSER Funds to Address Unfinished Learning (PDF)
• Uses of ESSER and GEER Funds (Word - ADA Compliant)
• Uses of ESSER and GEER Funds (PDF) 

Federally Funded Construction Project Resources

The Davis-Bacon and Related Acts

The Davis-Bacon Act is applicable for federally funded (partially or fully) construction projects with contracts of $2,000 or more.  Please see the following resources for more information. 

• Davis-Bacon Act
• Davis-Bacon Overview
• Davis-Bacon Webinar 4/26/2023 Questions and Answers
• Copeland Anti-kickback Act
• Contract Work Hours and Safety Standards Act (CWHSSA)
• Fair Labor Standards
• Workplace Posters
• Sample Notice of Federal Interest
• Required Federal Recording and Reporting 

Uniform Guidance

Additional information can be found in the OMB Uniform Guidance references below.  Please note that this list should not be considered all-inclusive as other sections of the guidance may also be applicable for federally funded projects.

• 2 CFR 200.439(b)(3) Equipment and other capital expenditures
• 34 CFR §75.603 Ownership and Title
• 2 CFR §200.318-327 General procurement standards and regulations
• EDGAR 34 CFR §75.607 General considerations in designing facilities and carrying out construction
• 2 CFR Part 200, Appendix II & (Webinar Chapter on Appendix II) Contract Provisions for Non-Federal Entity Contracts Under Federal Awards includes:  Equal Employment Opportunity, Davis-Bacon Act, Byrd Anti-Lobbying Amendment, Debarment and Suspension, and Contract Work Hours and Safety Standards Act