This story was reported and written by our media partner the Virginia Mercury.
Virginia and other states will regain the ability to use $33 million in emergency relief funds, after the federal government last week reversed course on a March decision that prohibited them from using the funds.
U.S. Secretary of Education Linda McMahon abruptly accelerated the deadline for schools to spend all allocated funds on March 28, leaving schools scrambling to make plans for the money.
McMahon announced the rescission of that policy in a June 26 letter to chief state school officers, after several states sued the agency in the Southern District of New York, leading to injunctions that prevented the DOE from enforcing its policy. Virginia was not one of those states involved in the litigation, but its state education agency did file appeals with DOE.
The Virginia Department of Education said DOE’s announcement will unlock a total of $52 million for Virginia, including $26.3 million for state-level projects and $25.7 million for school projects. The state education department previously received an extension for $18 million for statewide tutoring services.
“The original intent of the policy announced on March 28 was to treat all states consistently with regards to safeguarding and refocusing their remaining COVID-era grant funding on students,” wrote McMahon.
She said that, given the ongoing litigation against the policy, states can submit reimbursement or route pay requests for their Education Stabilization Funds programs. The agency will review requests and evaluate them consistent with the prior process.
McMahon wrote that states that have already submitted requests and receipts as part of the review and appeals process do not need to resubmit.
Beginning in 2020, states, including Virginia, received millions in grants through the Coronavirus Response and Relief Supplemental Appropriations and the American Rescue Plan Acts.
Schools have used the funds to support safe operations for students and staff, and address the pandemic’s negative impacts on learning with tools such as tutoring and after-school programs.
Although the federal government extended the deadline to use the grant funds under President Joe Biden’s administration, schools were required to return all unspent funds, which were intended for immediate and short-term needs.
“We continue to work closely with impacted school divisions to ensure their reimbursements are submitted to USED to close out the ESSER III projects and funding,” VDOE said in a statement. “The continued use of the funding through the original approved late liquidation period will allow school divisions and the state to complete projects that were either almost completed or well underway.”
