Assurances
ESSER Application  for  20-21



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ESSER Funds LEA Application


Key Information

The United States Department of Education has approved Washington’s application for Elementary and Secondary School Emergency Relief (ESSER) Funds under the CARES ACT of 2020. The ESSER Funds are awarded to address the impact of the Novel Coronavirus Disease of 2019 (COVID-19) has had and continues to have on elementary and secondary schools. Funds to Local Education Agencies (LEAs) are allocated on the basis of their respective shares of funds received under Title I, Part A of the Elementary and Secondary Education Act of 1965.

ESSER funds are allowable to fund costs incurred on or after March 13, 2020 and are available to LEAs through September 30, 2022. These are one-time funds that should not be committed to ongoing financial obligations.

  • An LEA must submit this application to the State Education Agency (SEA) to receive ESSER Funds.

  • ESSER Funds are available to districts as soon as their application is approved by the Office of Superintendent of Public Instruction (OSPI) and all funds must be obligated by September 30, 2022.

  • There is considerable flexibility for the LEA in determining how to use ESSER Funds (section 18003(d)). The LEA may use the ESSER Funds:

    • To support any school in the district or
    • It may target schools based on low-income, identification of school needs or
    • LEA determined target measures and
    • The LEA may use ESSER Funds to pay for any allowable cost that occurred on or after March 13, 2020.
    • There is no supplement not supplant requirements for the ESSER funds. However, maintenance of effort remains a requirement.

  • LEAs must provide equitable services to state approved private schools

  • The LEA will be monitored and is subject to audit requirements under the Single Audit Act.
LOST REVENUE:  In order to use ESSER funds to claim lost revenue for child care and/or food service, LEAs will need to identify those funds on the budget page. Identify the activity code in which the revenues were lost and enter the amount in object code 9 (Capital Outlay). Enter a note in the comment box to identify that the amount entered in Object 9 will be claimed as lost revenue. For example, if revenue was lost for food services, enter the amount in activity and object codes 44-9. Then leave a note in the comment box, "Note for Claims: 44-9 Lost Revenue for Food Services." If the revenue was for child care, enter the amount in activity and object codes 91-9. Then leave a note in the comment box, "Note for Claims: 91-9 Lost Revenue for Child Care."

The Office of Superintendent of Public Instruction (OSPI) is following a process to evaluate and prioritize our supports and expectations for school districts as a parallel exercise to the work school districts have engaged in this spring to narrow and focus educational delivery. OSPI is committed to the following four priority areas for 2020–21, and we expect districts will make these priorities in their work.
  1. Support Students Furthest from Educational Justice
  2. Prepare for Health and Safety in 2020–21
  3. Invest in Connectivity and Hardware
  4. Leverage Local Expertise and Provide Training
Details for each of the four priorities can be found on the OSPI’s Priorities for ESSER Funds document.

The LEA will use ESSER Funds for activities allowable under Sec. 18003(d) of Division B of the CARES Act. The United State Department of Education does not consider the following to be allowable under any part of 18003: 1) subsidizing or offsetting executive salaries and benefits of individuals who are not employees of the LEA or 2) expenditures related to state or local teacher of faculty unions or associations.


Assurances

Instructions:  Please check each box after review of the assurance.

The LEA and any other entity that receives ESSER funds will, 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 disruptions or closures resulting from COVID-19.
As needed, the LEA will use ESSER funds for remote learning, which includes both distance education as defined in section 103(7) of the HEA and distance learning as defined in ESEA section 8101(14), so that students can continue learning during school closures.
The LEA assures it will provide equitable services to students and teachers in non-public (private) schools as required under 18005 of Division B of the CARES Act.
The LEA receiving ESSER funds will provide equitable services to students and teachers in non-public (private) schools in the same manner as provided under section 1117 of the ESEA, as determined through timely and meaningful consultation with representatives of non-public (private) schools.
  • The LEA ensures that it will maintain control of funds for the services and assistance provided to a non-public (private) school under the ESSER Fund.

  • The LEA will ensure that it will maintain title to materials, equipment, and property purchased with ESSER funds.

  • The LEA assures that services to a non-public (private) school with ESSER funds will be provided by the LEA directly, or through contract with, another public or private entity.
The LEA 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 SEA at such time and in such manner and containing such information as the Secretary may subsequently require. (See also 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 (private) schools, the uses of funds by the LEAs or other entities and demonstration of their compliance with 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.
The LEA may be required to participate in Subrecipient Monitoring to ensure that funds are used for allowable purposes in accordance with cash management principles.
The LEA receiving ESSER funds will cooperate with any examination of records with respect to such funds by making records available for inspection, production, and examination, and authorized individuals available for interview and examination, upon the request of (i) the Department and/or its Inspector General; or (ii) any other federal agency, commission, or department in the lawful exercise of its jurisdiction and authority.


Other Assurances and Certifications

The LEA will comply with all applicable assurances in OMB Standard Forms 424B and D (Assurances for Non-Construction and Construction Programs), including the assurances relating to the legal authority to apply for assistance; access to records; conflict of interest; merit systems; nondiscrimination; Hatch Act provisions; labor standards; flood hazards; historic preservation; protection of human subjects; animal welfare; lead-based paint; Single Audit Act; and the general agreement to comply with all applicable Federal laws, executive orders and regulations.
Any LEA receiving funding under this program will have on file with the SEA a set of assurances that meets the requirements of section 442 of the General Education Provisions Act (GEPA) (20 U.S.C. 1232e). These assurances are included in the General Assurances agreed to in the iGrants Required Pages.
To the extent applicable, an LEA will include a description of how the LEA will comply with the requirements of section 427 of GEPA (20 U.S.C. 1228a). The description must include information on the steps the LEA proposes to take to permit students, teachers, and other program beneficiaries to overcome barriers (including barriers based on gender, race, color, national origin, disability, and age) that impede equal access to, or participation in, the program.
LEAs, including charter schools that are LEAs, must assure that they are using ESSER funds for purposes that are reasonable, necessary, and allocable under the CARES Act.
LEAs will comply with the provisions of all applicable acts, regulations and assurances; the following provisions of Education Department General Administrative Regulations (EDGAR) 34 CFR parts 76, 77, 81, 82, 84, 97, 98, and 99; the OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in 2 CFR part 180, as adopted and amended as regulations of the Department in 2 CFR part 3485; and the Uniform Guidance in 2 CFR part 200, as adopted and amended as regulations of the Department in 2 CFR part 3474.


Authorized Representative Signature
Representative Name:
Representative Title:
Date:  (MM/DD/YY)