We’ve all heard a lot of information about ESSER funds, but there is a lesser known fund that came out of the Coronavirus Response and Relief Supplemental Appropriations (CRRSA) Act and the American Rescue Plan (ARP) Act specifically for nonpublic schools.
The authorization of the Emergency Assistance to Nonpublic Schools (EANS) program allowed for independent and private schools to qualify for assistance. EANS I obligation (funds must be committed) is September 30, 2023, so that round is essentially over. EANS II (A total of $2.75 billion) must be obligated by September 30, 2024, so there is a year left to obligate.
What is EANS?
The United States Department of Education states that, “Under the EANS program, each Governor of the 50 States and the Commonwealth of Puerto Rico as well as the Mayor of the District of Columbia may apply to the Department for a formula grant for the purpose of providing emergency services or assistance to non-public schools in the wake of the Coronavirus Disease 2019 (COVID-19). Although a Governor applies for EANS funds, the statute requires that the SEA administer the program; consequently, in accepting an EANS award from the Department, a Governor automatically designates the state education agency (SEA) to administer the EANS program. The SEA will be the payee or fiscal agent in the Department’s grants management system (G5) for purposes of accessing Federal funds. To ensure that this administrative structure results in effective implementation of the EANS program consistent with all statutory requirements, Governors must consult with their respective SEAs in providing the application assurances.”
The structure of the EANS program is important. Federal funds usually come with requirements and regulations that any recipient must follow, but the EANS program was set up so that the funding goes to the Governor and is run through the SEA so the funds appear as state funds rather than federal. In essence the state retains fiscal control of the dollars.
Who is Eligible for EANS?
An eligible private school is an elementary or secondary school that is:
- Nonprofit
- Accredited, licensed, or otherwise operates in accordance with state law
- Was in existence prior to March 13, 2020
- Did not and will not apply for and receive a loan under the Payroll Protection Program (PPP) on or after December 27, 2020
Additionally, there is a poverty criteria to meet as well. The Department of Education issued a ruling that the default poverty threshold for private schools would be 40%, meaning that for a private school to be eligible for EANS II funds, at least 40% of the school’s student population would have to qualify as low-income. However, the U.S. Department of Education gave governors of each state the opportunity to request a different poverty threshold, provided they offered valid justification for the change, so double check your state EANS information to see if your state remained at 40% or it changed.
What Can EANS Funds be Used For?
Additionally, the funds cannot be used for direct reimbursements to nonpublic schools, but instead for:
- Supplies to sanitize, disinfect, and clean school facilities; but not cleaning services.
- Personal protective equipment (PPE).
- Improving ventilation systems including through windows or portable air purification systems to ensure healthy air.
- Training and professional development for staff on sanitation, the use of PPE, and minimizing the spread of infectious diseases.
- Physical barriers to facilitate social distancing.
- Other materials, supplies, or equipment to implement public health protocol, including guidelines and recommendations from the CDC for reopening and operation of school facilities to effectively maintain health and safety.
- Expanding capacity to administer coronavirus testing and effectively monitor to suppress the virus.
- Educational technology (including hardware, software, connectivity, assistive technology, and adaptive equipment) to assist students, educators, and other staff with remote or hybrid learning.
- Redeveloping instructional plans, including curriculum development, for remote learning, hybrid learning, or to address learning loss.
- Leasing of sites or spaces to ensure safe social distancing.
- Reasonable transportation costs.
- Initiating and maintaining education and support services for remote learning, hybrid learning, or to address learning loss.
How Do I Access EANS Funds?
The first step is to ensure that your school meets the poverty requirements for EANS funding. Because schools cannot be reimbursed, most states have contracted with a third party to provide services requested by schools. For example, Minnesota contracted with ClassWallet. Arizona has their request for services application open now. As it always is with states, each one is doing it their own way, but if you haven’t checked it out, now is a good time to do so. It is not uncommon to see that EANS I was far from being completely spent, and that EANS II still has very little unobligated at this time. The U.S. Department of Education’s transparency portal shows this among many other states as well.
Don’t be worried about federal regulations, they will not impact any of your flexibilities, and there are funds out there to help, so take the opportunity!