60D Comment Response Summary

Draft (10/25/20)

Governors Emergency Education Relief (GEER) Fund Recipient Data Collection Form

Response to 60-Day Public Comments

Document	Name/ Affiliation	Comment	Response
ED-2020-SCC-0123-0005	Utah K-12 CARES Coordination Leadership	Section 4: LEA GEER Funds. (1) The final column of the draft table for reporting in question 4, the table requests that the SEA reports “Purposes for which the funds were expended by the LEA (Select all Annual Survey of School System Finances (form F-33) categories that apply)”. It is not clear how these specific finance codes align with the existing SEA base budget table, or the specific use cases that were defined by the SEA for GEER funding.	ED acknowledges that GEER spending does not necessarily align with the F-33. As a result of a number of comments about difficulty applying the F-33 to GEER and ESSER funding streams and to reduce burden, ED has revised the instrument so that the categories are now generally aligned with the ESSER authorized uses of funds for both GEER and ESSER as follows. 1. Purchasing educational technology (including hardware, software, and connectivity), which may include assistive technology or adaptive equipment. 2. Activities focused specifically to addressing the unique needs of low-income children or students, children with disabilities, English learners, racial and ethnic minorities, students experiencing homelessness, and foster care youth 3. Providing mental health services and supports. 4. Sanitization and minimizing the spread of infectious diseases, including cleaning supplies and staff training to address sanitization and minimizing the spread of infectious diseases. 5. Summer learning and supplemental afterschool programs. 6. Other (uses of funds not included above).
		Section 8: Full-Time Equivalent Positions. Is question #8 asking how many FTEs were employed at the LEA subgrantee on March 13, 2020 and how many are employed now as a high-level data set, or if the question is specific to how many FTEs were funded by GEER as of March 13, 2020 (zero) and then those that have been added based on GEER funding at the time of reporting? We would seek additional details about the requirement and an example to clarify what is being requested. In considering the goal of this question, we do not think that the data requested in question #8 will directly inform the additional FTE that is specific to GEER funding. We are requesting additional clarity around whether the FTE information requested is specific to FTE funded using GEER funds.	ED acknowledges the need for clarification in the question about Full-Time Equivalent (FTE) Positions. ED has revised the instructions for this item to now read, “(The number of FTE positions includes all staff regardless of whether the position is funded by Federal, State, local, or other funds—and equals the sum of the number of full-time positions plus the full-time equivalent of the number of part-time positions.)”
ED-2020-SCC-0123-0006	NY State Education Department	Chart: LEA Awarded GEER Funds from the State (Question 4, page 2) Recommendation: The Department requests that USDE revise the chart to remove the choices listed in the fifth column, “How did the LEA calculate the proportional share of GEER funds reserved to provide equitable services to non-public school students and teachers?” Department recommends that the chart be included in the ESSER Recipient Data Collection Form.	ED acknowledges that rescission of the Interim Final Rules necessitated changes to the annual reporting form. The form has been updated to address several public comments and to make technical edits. ED removed the items addressing calculations of the proportional share of GEER subgrant funds to provide equitable services to non-public school students and teachers.
		Full Time Equivalent (FTE) Positions Recommendation: The Department requests that USDE clarify whether USDE is seeking reporting of all FTE positions within an LEA, FTE positions that can be funded by GEER (such as janitorial staff supporting cleaning/sanitizing of buildings), or just instructional positions.	ED acknowledges the need for clarification in the question about Full-Time Equivalent (FTE) Positions. ED has revised the instructions for this item to now read, “(The number of FTE positions includes all staff regardless of whether the position is funded by Federal, State, local, or other funds—and equals the sum of the number of full-time positions plus the full-time equivalent of the number of part-time positions.)”
		Chart related to how the State meets the “Maintenance of Effort” requirements in Section 18008 of the CARES Act.) Recommendation: The Department requests that USDE remove the Maintenance of Effort chart and instead ask States to report on the Maintenance of Effort for both GEER and ESSER funds only on the existing templates.	ED acknowledges the NYSED request to remove the Maintenance of Effort question. ED has removed this question.
		Timeline for Submission of the GEER Recipient Data Collection Form in Appendix A: Recommendation: The Department requests that USDE revise the timeline for the submission of the GEER Recipient Data Collection Form, to have the first submission deadline changed to January 31, 2022. NYSED issued the LEA application for GEER funds in July 2020 with a submission deadline of August 31, 2020. The delay in issuing the application was due to USDE’s delayed issuance of guidance on how to determine equitable shares for non-public schools; and the subsequent issuance of USDE’s Interim Final Rule that determined how SEAs should assure that equitable services were provided by LEAs. Further, on September 4, 2020, the U.S. District Court for the District of Columbia issued an order to vacate the USDE’s Interim Final Rule. As a result, NYSED will need to re-issue the funding application to align with the summary judgement, and therefore expenditure data on the use of ESSER funds will not be available until the Spring of 2021.The Department proposes that the USDE combine the first two proposed reports into one report due on January 31, 2022. This change will ensure that the expenditure data reported will provide useful information to the USDE.	ED acknowledges that states will be at different stages of implementation in year one and delays for many reasons could affect the ability of states to respond to certain items on the GEER annual reporting form. However, it is important for grantees to report information regarding the early implementation of GEER to inform the Department’s monitoring and technical assistance and to provide transparency to the public about uses of the GEER funds.
		Resource chart in Appendix B, entitled “Purposes for which the LEA GEER Funds were expended from (Annual Survey of School System Finances (form F-33) categories.” Recommendation: The Department requests that USDE keep this extremely helpful resource chart within the Form. Additionally, the Department recommends that the chart be included in the ESSER Recipient Data Collection Form.	ED appreciates the commentor’s opinion that the chart in Appendix B was helpful. However, as a result of a number of comments about difficulty applying the F-33 to GEER and ESSER funding streams and to reduce burden, ED has revised the instrument so that the categories are now generally aligned with the ESSER authorized uses of funds for both GEER and ESSER.
		Applicable Reporting Period provided in Appendix A (page 6) Recommendation: The Department requests that USDE provide clarification on whether the USDE is requesting data on expenditures solely from the reporting period (e.g., 2nd Annual report from October 1, 2020 through September 30, 2021) , or if the USDE is requesting a cumulative set of data for the reporting period and the prior reporting periods (e.g. 2nd Annual report includes all expenditures, beginning with March 13, 2020 up through September 30, 2021).	ED acknowledges the commentor’s lack of clarity about the applicable reporting period. The instructions say, “This report should be completed based on activities in the applicable reporting period.” Therefore, the reporting form is requesting data on expenditures only from the applicable reporting period and not cumulatively.
ED-2020-SCC-0123-0007	Utah State Board of Education	Section 4: LEA GEER Funds The final column of the draft table for reporting in question 4, the table requests that the SEA reports “Purposes for which the funds were expended by the LEA (Select all Annual Survey of School System Finances (form F-33) categories that apply)”. It is not clear how these specific finance codes align with the existing SEA base budget table, or the specific use cases that were defined by the SEA for GEER funding.	ED acknowledges that GEER spending does not necessarily align with the F-33. As a result of a number of comments about difficulty applying the F-33 to GEER and ESSER funding streams and to reduce burden, ED has revised the instrument so that the categories are now generally aligned with the ESSER authorized uses of funds for both GEER and ESSER as follows. 1. Purchasing educational technology (including hardware, software, and connectivity), which may include assistive technology or adaptive equipment. 2. Activities focused specifically to addressing the unique needs of low-income children or students, children with disabilities, English learners, racial and ethnic minorities, students experiencing homelessness, and foster care youth 3. Providing mental health services and supports. 4. Sanitization and minimizing the spread of infectious diseases, including cleaning supplies and staff training to address sanitization and minimizing the spread of infectious diseases. 5. Summer learning and supplemental afterschool programs. 6. Other (uses of funds not included above).
		Section 8: Full-Time Equivalent Positions: the draft reporting requirements asks the SEA to provide the full-time equivalent (FTE) positions as of March 13, 2020 and the FTE positions as of the last day of the reporting period. It is not clear if that information is sought as a baseline from the entire system or specific to GEER funding. For example, is the question asking how many FTEs were employed at the LEA subgrantee on March 13, 2020 and how many are employed now as a high-level data set, or if the question is specific to how many FTEs were funded by GEER as of March 13, 2020 (zero) and then those that have been added based on GEER funding at the time of reporting? We would seek additional details about the requirement and an example to clarify what is being requested. In considering the goal of this question, we do not think that the data requested in question #8 will directly inform the additional FTE that is specific to GEER funding. We are requesting additional clarity around whether the FTE information requested is specific to FTE funded using GEER funds	ED acknowledges the need for clarification in the question about Full-Time Equivalent (FTE) Positions. ED has revised the instructions for this item to now read, “(The number of FTE positions includes all staff regardless of whether the position is funded by Federal, State, local, or other funds—and equals the sum of the number of full-time positions plus the full-time equivalent of the number of part-time positions.)”
ED-2020-SCC-0123-0008	PostSec Data	The comment submission from PostSec Data pertains to the Higher Education Emergency Relief Fund (HEERF) Data Collection Form	Comment addressed in response to comments regarding HEERF
ED-2020-SCC-0123-0009	California Department of Education	The CDE asks that the U.S. Department of Education reduce or eliminate administrative burden wherever possible as states and local educational agencies (LEAs) focus on maintaining student safety and fulfilling a vast array of other reporting requirements. In addition to the COVID-19 pandemic, California has been burdened with major fires and many LEAs are spending an unprecedented amount of time in meeting these challenges. California appreciates the chance to work with our federal partners to ensure that reporting for the ESSER Fund is accurate. The CDE believes the burden for states and LEAs can be minimized by utilizing existing state data collection elements.	ED appreciates the many burdens faced by the California SEA, districts, and schools in addressing not only the COVID-19 pandemic but challenges resulting from major fires. Nevertheless, ED is accountable for reporting to Congress and the public on how funds appropriated through this significant investment are being used and cannot delay this reporting requirement. As with all ED grant programs, SEAs may request extensions to data submissions based on extenuating circumstances.
ED-2020-SCC-0123-0010	Anonymous	Not applicable	No response necessary

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