U.S. Department of Education Guidance on Maintenance of Effort Requirements and Waiver Requests

The U.S. Department of Education has released guidance that addresses maintenance of effort requirements among the COVID-19 recovery laws that include education stabilization funds. The following link will take you to the updated information from the U.S. Department of Education:

Guidance on Maintenance of Effort (MOE) Requirements and Waiver Requests under the Elementary and Secondary School Emergency Relief (ESSER) Fund and Governor's Emergency Education Relief (GEER) Fund.

 

This guidance document includes the following:

• A chart outlining the main similarities and differences between the MOE requirements in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (CRRSA Act), and the American Rescue Plan Act of 2021 (ARP Act).
• Frequently asked questions about the MOE requirements and the process for States to request an waiver under section 2004(a) of the ARP Act. The Department's approach to waiver requests will be rooted in consideration of the impact on students. The purpose of ESSER I, ESSER II, GEER I, GEER II, ARP ESSER, and Emergency Assistance to Non-Public Schools (EANS) Program funds is to expand resources for K-12 and postsecondary schools and students, not to replace existing State commitments to K-12 and postsecondary education.
• An MOE worksheet describing how to calculate MOE under the CARES Act, the CRRSA Act, and the ARP Act.
• The MOE submission form that each State must use to report MOE data for the CARES Act, the CRRSA Act, and the ARP Act.
• The MOE request form that a State must use when requesting a waiver of the MOE requirements.

It is anticipated that the Department will also release additional guidance on the new State and local educational agency (LEA) maintenance of equity requirements in section 2004(b) and (c) of the ARP Act in the near future.

Governor Northam Announces March Revenue

Virginia Governor Ralph Northam announced that total General Fund revenue collections grew 18.5 percent in March with most of the increase due to an additional deposit day for payroll withholding and strong growth in sales and recordation taxes. 

With one more deposit day than March of last year, collections of payroll withholding taxes rose 23.7 percent for the month. Collections of sales and use taxes, reflecting February sales, rose 8.1 percent in March. As refinancing and low interest rates continue to spur the housing market, collections of wills, suits, deeds, and contracts—mainly recordation tax collections—were $63.8 million in March, compared with $40.3 million in March of 2020, an increase of 58.3 percent.   

On a year-to-date basis, collections of payroll withholding taxes—61 percent of General Fund revenues—increased 3.7 percent ahead of the same period last year, and ahead of the estimate of 2.7 percent growth. Sales tax collections—17 percent of General Fund revenues—increased 6.9 percent and are above the annual estimate of 4.8 percent growth. On a fiscal year-to-date basis, total General Fund revenue collections rose 9.0 percent in March, ahead of the annual forecast of 3.0 percent growth.

The full report is available here.

Petition Signature Requirements During COVID-19 Pandemic

Item 86#1c- Lawmakers in the Virginia Genera Assembly gave final approval to budget language that creates uniformity in collecting petition signatures for state and local offices during a state of emergency as declared by the Governor due to the COVID-19 pandemic. During 2021, any individual seeking election to local office, including school board, may use forms for petition circulation developed by the Department of Elections that permit a qualified petition signer to sign a petition while not in the presence of the petition circulator. The petition signer must provide the following information, affirmation that the signer is who they attest they are, affirmation that the signer is a resident of their jurisdiction, including a statement of their address, and the last four digits of the signer's social security number.

If an individual signs a petition form published by the Department of Elections, that individual shall transmit that form, either by mail, electronically, or physically, to the candidate, the candidate's campaign, or the petition circulator.

We encourage your board to review this budget language and consult with your local county, city or town registrar for impacts on ballot access requirements.

If there are any questions or concerns that VSBA can address, please do not hesitate to contact Government Relations Specialist, J.T. Kessler, at jason@vsba.org.

Reconvene Session Begins at Noon

Members of the Virginia General Assembly will gather at noon today for the Reconvene Session to consider Governor Ralph Northam’s proposed changes to this year’s legislation. The General Assembly won’t have any veto overrides to consider this year as the Governor took action on 552 bills from the 2021 session without any vetoes.

Key items for today's session are amendments to the state budget and legislation that legalizes marijuana in the Commonwealth. The VSBA Government Relations team will be monitoring the reconvene session and will provide an update on the blog and social media today, as well as a full recap in your email box on Thursday.

The Senate of Virginia will meet at the Science Museum of Virginia while the House of Delegates will conduct its work virtually, as it did during the regular session.

U.S. Department of Education Announces American Rescue Plan (ARP) Funding

The U.S. Department of Education announced American Rescue Plan (ARP) funding for all 50 States, Puerto Rico, and the District of Columbia. The announcement includes a table outlining the individual funding amounts that will be distributed for each state.

The information covers the $122 billion in Elementary and Secondary School Emergency Relief (ESSER) funding to support efforts "to reopen K-12 schools safely this month and equitably expand opportunity for students who need it most." U.S. Secretary of Education Miguel Cardona provided the information to each state education commissioner in individual letters today. The Department will begin to make these funds available this month. The link to the information can be accessed at the following link: content.govdelivery.com/accounts/USED/bulletins/2c79d18

Today's announcement coincides with another announcement from the Department of Health and Human Services' Centers for Disease Control and Prevention (CDC) that it will provide $10 billion to states to support COVID-19 screening testing for K-12 teachers, staff, and students in schools.

Additionally, please find a Congressional Research Service (CRS) report attached that details estimated state grants under the Individuals with Disabilities Education Act (IDEA) under the ARP.

Finally, the U.S. Department of Education (ED) announced earlier today the virtual National Safe School Reopening Summit will take place on Wednesday, March 24, 2021 at 12pm EDT. First Lady Dr. Jill Biden, Secretary of Education Dr. Miguel A. Cardona, and the Director of the Centers for Disease Control and Prevention (CDC) Dr. Rochelle Walensky will be speaking. The event will also have three panels that will include health experts, educators and education leaders, and students.

Northam Signs Legislation Altering Local Elections

In the recent 2021 session of the Virginia General Assembly, lawmakers passed Senate Bill 1157 (Spruill) which changes the general election day from May to November for certain local government offices including elected school board members in cities and towns. Beginning January 1, 2022, “elections for mayor, members of local governing bodies, and members of elected school boards shall be held at the time of the November general election for terms to commence January 1.” The legislation was signed into law by Governor Ralph S. Northam.

Any school board members serving in a seat with an election scheduled for 2022 will be contested during the November 2022 election. Members of a school board whose term would have expired June 30, 2022 shall continue to serve in office until after the November election. 

The Virginia School Boards Association is providing your board with this information so you can begin planning for this change in election law. We encourage your board to review the legislation and consult with your local city or town registrar for impacts on ballot access requirements. 

If there are any questions or concerns that VSBA can address, please do not hesitate to contact Government Relations Specialist, J.T. Kessler, at jason@vsba.org or 434-295-8722 ext. 116.

House Approves American Rescue Plan Act

Today, the United States House of Representatives passed the American Rescue Plan Act of 2021 (ARP) by a vote of 220-211. The legislation now heads to the desk of President Joseph R. Biden where it is widely expected to be signed into law.

Key provisions of the Act include:

• Over $126 billion dollars for public schools. The legislation stipulates that at least 20 percent of the funding be devoted to student learning loss. 
• Over $350 billion dollars in aid for state and local governments. 
• An extension of unemployment benefits of $300 per week in payments through September 6.
• Provides income-based $1,400-dollar individual stimulus payments.
• Up to $10,200 in tax relief for laid off workers from households with incomes under $150,000 a year.

Also contained in the ARP is $7.1 billion dollars to provide direct funding for the homework gap, the term that commonly refers to the digital divide in education that impacts many students who lack access to devices and/or high-speed broadband when they are out of school. The funding will follow the provisions proposed in the Emergency Educational Connections Act which VSBA strongly supported by having the funding flow though the E-rate program under the direction of the Federal Communications Commission (FCC). While this funding will not solve the long-term homework gap problem, it is a significant step forward in addressing connectivity issues experienced by students during the pandemic.

To read the entire text of the legislation, click here.

If you have any questions about this legislation, please contact me at 434-295-8722 or jason@vsba.org.