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Emergency Assistance to Non-public Schools FAQs

Frequently Asked Questions for Emergency Assistance to Non-public Schools.

Emergency Assistance to Non-public Schools
Under the Coronavirus Response Relief Supplemental Appropriations Act


Purpose of the Frequently Asked Questions (FAQs)

The FAQs are intended to help nonpublic schools and other stakeholders understand the statutory and regulatory requirements for Emergency Assistance to Non-public Schools (EANS) under the Coronavirus Response Relief Supplemental Appropriations Act (CRRSA).

Introduction

As part of CRRSA, 2021, Public Law 116-260, Congress set aside $2.75 billion of the Governor’s Emergency Education Relief (GEER) Fund specifically to provide emergency assistance to students and teachers in non-public schools through the EANS program.

August 2021

  1. What does EANS stand for?
    Emergency Assistance for Non-Public Schools Program (EANS).
  2. How do non-public schools (NPS) receive EANS funds?
    NPS were required to submit an application to the California Department of Education (CDE).
  3. Who is eligible for EANS funds?
    For purposes of the EANS program, federal law specifies that an eligible NPS is an elementary or secondary school that is:

    • Non-profit;
    • Is accredited, licensed, or otherwise operates in accordance with state law;
    • Was in existence prior to March 13, 2020, the date the president declared the national emergency due to COVID-19; and
    • Did not, and will not, apply for and receive a loan under the Small Business Administration's Paycheck Protection Program (PPP) (15 U.S.C. 636[a][7]) that is made on or after December 27, 2020.
  4. What is the difference between EANS I vs EANS II?
    EANS I refers to the funds reserved for NPS as part of a program sponsored under the Coronavirus Response and Relief Supplemental Appropriations Act. A full list of EANS I fund recipients is posted on the EANS webpage. EANS I recipients have until September 30, 2023 to expend their funds.

    EANS II refers to the funds reserved for NPS sponsored under the American Rescue Plan Act. California intends to apply for EANS II funds and will submit their application on or before the deadline, September 9, 2021.

The following sections address frequently asked questions about the EANS I and EANS II programs. If you have additional questions, please email EANS@cde.ca.gov.

Frequently Asked Questions: EANS I

  1. When do NPS need to spend their EANS I funds?
    Reimbursable items in Category 1 and 2 must be completed by October 31, 2021, but NPS may purchase for future use. For any items in Category 3, a contract must be initiated by CDE within six months, but services are continued through September 2023.
  2. What are the reporting periods for EANS I reimbursements?
    For reimbursable items, the Reporting Periods are as follows:

    • July 31, 2021
    • August 31, 2021
    • October 31, 2021

Additionally, funds can be used retroactively to March 13, 2020, and through September 30, 2023, so a NPS should consider both previous expenditures for which it might be reimbursed as well as future needs.

  1. Is there a dollar threshold for durable goods?
    No, each NPS has been individually awarded based on the funding methodology described in the Request for Application (RFA).
  2. What is the date that constitutes the end of the EANS period?
    September 30, 2023.
  3. If a NPS is not sure if a certain expenditure is covered, what is the best way to check?
    Please refer back to the requirements outlined under each Category in the RFA or send an inquiry to EANS@cde.ca.gov.
  4. Will the NPS receive a confirmation email when an expenditure report is submitted?
    Yes, once a school submits the Expense Report Survey a confirmation email will be sent to the email provided in the contact information listed on the Coversheet (Part A).
  5. We have a changeover in personnel and need to submit new contact information. Who do we notify?
    NPS that have changes in personnel, please send the updated information to EANS@cde.ca.gov.
  6. If we applied for Category 1 only, but want to also utilize approved funds for Category 2 or 3 now that we are aware of the grant amount, is that allowable?
    Yes, NPS have some flexibility in this area and are able to make changes from their original request in the April application.
  7. For EANS I, what items are supported under Category 3, contracted services?
    Category 3 are services or assistance that will be provided by a contract initiated by CDE only. Reimbursements are not provided for any items outlined in Category 3.

    Category 3 includes the following services:

    • Improvements to ventilation systems (including windows), except for portable air purification systems, which may be reimbursed.
    • Staff training and professional development on sanitization, the use of PPE, and minimizing the spread of COVID-19.
    • Redeveloping instructional plans, including curriculum development, for remote or hybrid learning or to address learning loss.
    • Initiating and maintaining education and support services or assistance for remote or hybrid learning or to address learning loss.

Frequently Asked Questions: EANS II

  1. Will California apply for EANS II funds?
    Yes, California will submit their application before the deadline of September 9, 2021.
  2. How can NPS apply for EANS II funds?
    As with EANS I, the CDE will be administrating the funds. The CDE will be developing and posting a new RFA for EANS II funds no later than 30 days after California is awarded EANS II funding.
  3. Do you have to be a recipient of EANS I funds to be eligible for EANS II funds?
    No, the EANS II RFA will outline the eligibility requirements for NPS for EANS II funding. The CDE will host a webinar to explain the EANS II RFA and process for applying in Fall 2021. Check the CDE EANS webpage for more information in the coming month.

March 2021

  1. What is the purpose of the EANS program?
    The purpose of the EANS program is to provide services to eligible non-public schools to address the educational disruptions caused by COVID-19. This is a separate program under GEER II. Local education agencies (LEAs) are not required to provide equitable services for funds received under the CRRSA Act. The state education agency (SEA) will administer the program and provide the services to eligible non-public schools under the EANS program. Eligible non-public schools must submit an application to the SEA as required to ensure expedited and timely provision of services or assistance.
  2. Is there a deadline by which EANS funds must be obligated for services or assistance for non-public schools?
    Yes. The SEA must obligate the EANS funds no later than six months after receiving those funds.
  3. What does it mean to “obligate” EANS funds?
    The regulations at 34 C.F.R. § 76.707 govern when an obligation of federal funds by an SEA occurs. Specifically, for services or assistance provided through a contract, the obligation is made on the date that the SEA makes a binding written commitment to obtain the services or work. For rental of real or personal property, the obligation is made when the property is used.
  4. Which non-public schools are eligible to apply for services or assistance under the EANS program?

    For purposes of the EANS program, an eligible non-public school is an elementary or secondary school that is:

    • Non-profit;
    • Is accredited, licensed, or otherwise operates in accordance with state law;
    • Was in existence prior to March 13, 2020, the date the president declared the national emergency due to COVID-19; and
    • Did not, and will not, apply for and receive a loan under the Small Business Administration’s Paycheck Protection Program (PPP) (15 U.S.C. 636[a][37]) that is made on or after December 27, 2020.
  5. What is the definition of non-profit non-public school?
    A for-profit non-public school is not eligible to receive equitable services for its students and teachers under the EANS program. Section 315(6) of the CRRSA Act defines a “non-public school” as a non-public elementary or secondary school. Section 315(8) of the CARES Act incorporates the definitions in Every Student Succeeds Act (ESEA) section 8101 for any terms not defined in the CARES Act. ESEA section 8101(19) and (45) defines “elementary school” and “secondary school,” respectively, and specifies that they must be non-profit.
  6. Are faith-based non-public schools eligible to participate in the EANS program?
    Yes. Faith-based non-public schools are eligible to participate in the EANS program to the same extent as other eligible non-public schools. All services or assistance provided under the program must be secular, neutral, and non-ideological.
  7. May an organization that has governing authority over a group of non-public schools to submit an application on behalf of its member schools?
    Yes. An SEA may permit an organization that has governing authority over a group of non-public schools to submit an application on behalf of its member schools. If such an organization applies on behalf of its member schools, it must clearly indicate for which schools it applies and provide supporting data and other information requested in the application for any and all schools for which it applies.
  8. What types of services or assistance may a non-public school receive?

    A non-public school may apply to receive services and assistance from the SEA or its contractors to address educational disruptions resulting from COVID-19 for:

    • Expenditures that support immediate need:
    • Supplies to sanitize, disinfect, and clean school facilities.
    • Personal Protective Equipment (PPE).
    • Improving ventilation systems, including windows or portable air purification systems
    • Training and professional development for staff on sanitization, the use of PPE, and minimizing the spread of infectious diseases.
    • Physical barriers to facilitate social distancing.
    • Other materials, supplies or equipment recommended by the CDC for reopening and operation of school facilities to effectively maintain health and safety.
    • Expanding capacity to administer coronavirus testing to effectively monitor and suppress the virus.

    Durable Goods:

    • Educational technology
    • Portable air purification systems
    • Leasing sites or spaces to ensure social distancing
    • Reasonable transportation costs
  9. Are there otherwise allowable expenses for services or assistance for which an SEA may not reimburse a non-public school?

    Yes. Although the following are allowable services or assistance under the EANS program, the SEA may not reimburse a non-public school for:

    • Improvements to ventilation systems (including windows), except for portable air purification systems, which may be reimbursed.
    • Any expenses reimbursed through a loan guaranteed under the PPP (15 U.S.C. 636[a]) prior to December 27, 2020.
    • Staff training and professional development on sanitization, the use of PPE, and minimizing the spread of COVID-19.
    • Developing instructional plans, including curriculum development, for remote or hybrid learning or to address learning loss.
    • Initiating and maintaining education and support services or assistance for remote or hybrid learning or to address learning loss.

    While the SEA may not reimburse a non-public school for the above expenses, the SEA may provide these services or assistance directly to a non-public school or through a contract with an individual, association, agency, or organization.

  10. If a non-public school is receiving equitable services under a CARES Act program, do the services or assistance provided under the EANS program need to be different?
    No. The services provided to a non-public school under the EANS program may be the same as, or similar to, the equitable services the non-public school is receiving or has received under a CARES Act program. However, the services or assistance must be additive to what was provided under a CARES Act program. Under the EANS program, services or assistance to non-public schools include those authorized services in section 312(d)(4), nearly all of which are also authorized equitable services under the CARES Act programs.
  11. Must a public agency maintain control of EANS funds used to provide services or assistance to a non-public school?
    Yes. Control of funds for services and assistance provided to a non-public school under the EANS program and title to materials, equipment and property purchased with such funds, must be in a public agency, and a public agency must administer such funds, materials, equipment, and property. Reimbursements by the SEA to non-public schools for allowable expenses meet the public control requirements. Services for a non-public school must be provided by a public agency directly or through contract with another public or private entity.
  12. How long are the services and assistance provided to a non-public school available?

    Equipment and supplies purchased with EANS funds for students and teachers in a non-public school may be used for the authorized purposes of the EANS program during the period of performance (i.e., through September 30, 2023) or until the equipment and supplies are no longer needed for the purposes of the EANS program (see 34 C.F.R. § 76.661[b]; 2 C.F.R. §§ 200.313[a][1], [c][1] and 200.314[a]).

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Questions:   Title I Policy, Program, and Support Office | EANS@cde.ca.gov
Last Reviewed: Friday, September 3, 2021
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