New Jersey Department of Education

ESSER I/ESSER II Funds Frequently Asked Questions

Last Updated June 2021

Purpose

The purpose of this document is to provide school and district leaders, grant administrators and school

business officials with answers to Frequently Asked Questions related to the Elementary and Secondary

School Emergency Relief Fund I and II (ESSER I and ESSER II). This information is intended to support the

effective use of the ESSER funds and ensure that Local Education Agencies (LEAs) are meeting all

statutory and regulatory requirements related to the funds.

Project Period

1. What is the period of funds availability for the ESSER Funds?

Period of Funds Availability (This excludes the 12 month Tydings Amendment Period)

ESSER I Fund (CARES Act) ESSER II (CRRSA Act)

May be used for pre-award costs dating back to March 13, 2020, when the national emergency was declared.

Available for obligation from May 11, 2020 through September 30, 2021.

May be used for pre-award costs dating back to March 13, 2020, when the national emergency was declared.

Available for obligation from March 15, 2021 through September 30, 2022.

Allowable Uses

The CARES Act (ESSER I) enumerates allowable uses of funds related to preventing, preparing for, and

responding to COVID-19. While the CRRSA legislation (ESSER II) contains three additional allowable uses,

USED has stated that these uses would be allowable under CARES as well.

1. Do the Title I, Part A rules govern which students can be served with ESSER funds?

The Title I, Part A rules do not apply to the ESSER funds. Local Education Agencies (LEAs) should

make decisions regarding the use of ESSER funds based on the allowable uses, the intent of the

legislation and necessary, reasonable and allocable considerations.

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2. May an LEA use ESSER funds for a pre-kindergarten or other early childhood education program?

Yes. Because an early childhood education program is an allowable use of funds under the ESEA, it is

allowable under the ESSER Fund if the need for the program is in response to COVID-19, and the

costs of the program are reasonable and necessary. CARES Act section 18003(d)(1); 2 CFR §§

200.403-200.405. The CARES Act, the CRRSA Act, and ESEA section 8101(16) defines “early

childhood education program” as it is defined in the Higher Education Act of 1965. Under that

definition, an “early childhood education program” is:

(A). a Head Start program or an Early Head Start program carried out under the Head Start Act

(42 U.S.C. 9831 et seq.), including a migrant or seasonal Head Start program, an Indian Head

Start program, or a Head Start program or an Early Head Start program that also receives

State funding;

(B). a State licensed or regulated child care program; or

(C). a program that—

(i) serves children from birth through age six that addresses the children’s cognitive

(including language, early literacy, and early mathematics), social, emotional, and

physical development; and

(ii) is—

(I). a State prekindergarten program;

(II). a program authorized under section 619 or part C of the Individuals with

Disabilities Education Act; or

(III). a program operated by [an LEA]. To be an allowable use of funds under section

18003(d)(1) of the CARES Act, an early childhood education program funded

under ESSER must meet this definition.

3. Are administrative costs allowed under ESSER? If so, are administrative costs capped at 5% of the

total ESSER allocation?

School districts are allowed to charge Facilities and Administrative (F&A) costs at their State

approved indirect cost rate. If your district does not have an approved rate uploaded to EWEG,

please reach out to eweghelp@doe.nj.gov.

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4. May ESSER funds be used to hire additional staff to provide services to students or to provide

stipends to staff for additional work?

ESSER funds may be used to hire additional staff or to pay staff to provide services consistent with

the allowable uses detailed in the grant. Local Education Agencies (LEAs) are reminded to consider

the project period for each of the ESSER grants when budgeting salaries.

5. Can a district use funds from the main ESSER II allocation to support the activities of the learning

acceleration and mental health grants?

Yes. Districts may combine ESSER II funds to support the activities outlined in their application as

long as the activities meet the criteria for allowable use(s) and the funds are used as required for

each grant (e.g., 10% of the mental health grant must be allocated for professional development).

Below is a fictional scenario of how a district may combine ESSER II funds to support a summer

learning academy.

ESSER II Allocation: $100,000

Mental Health Allocation $45,000

Learning Acceleration Allocation:

$50,000

Use $50,000 of ESSER II to:

• Purchase supplies to sanitize and clean the facilities of school buildings for summer program

• Install materials in classrooms to ensure social distancing

• Fund building services staff position to perform weekly deep cleaning

Use $25,000 of ESSER II and $45,000 of MH to:

• Contract with specialist to provide art therapy to students

• Contract with mental health provider to facilitate individual and group therapeutic services to identified students

• Provide professional development (PD) to educators to identify students exhibiting signs of depression or suicidality

Use $25,000 of ESSER II and $55,000 of LA to:

• Use 75% of LA allocation for student academic enrichment: provide small group instruction for STEM (75%) and ELA and/or the arts (25%)

• Use 25% of LA allocation for supporting the learning ecosystem via PD in accelerate learning for teachers and seminar on the district's tiered supports

• Use ESSER II funds to bolster or extend any intervention above

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6. If a district has issued non-renewals to staff due to COVID-19, may the district use ESSER funding

to supplement the district’s payroll?

Yes. ESSER funds may be used to supplement the district’s payroll.

7. Would anything prohibit a school district from applying the ESSER funds towards special

education out-of-district tuition costs, which is what IDEA funds are typically allocated towards?

No. There is no prohibition on using the ESSER funds for out-of-district tuition for students with

disabilities, as this is an allowable use of funds under the IDEA.

8. Are purchases of Personal Protective Equipment (PPE) allowable under the ESSER grant? Are

districts allowed to contract with a vendor and/or service provider to clean and sanitize school

buildings?

Yes. Purchases of PPE are allowable uses of ESSER Funds and districts may contract with outside

vendors for cleaning services.

Grant Application Process

1. Will districts be permitted to submit amendments to the initial application?

Yes. A district may submit an amendment to its originally approved ESSER Application.

2. How does a district access the ESSER Application in the EWEG system?

The district can access the application through the EWEG system. Please see the following links with

instructions on how to navigate the EWEG system.

• Tips for Using the NJDOE EWEG System

• Information on Payments Through EWG

• Office of Grants Management: General Federal Entitlement Grant Guidance

3. I have completed the application and there are GAAP line item codes (function) for the grant, so

can I enter the appropriation into the accounting software?

Please refer to this Quick Reference of Commonly Requested Costs and the Navigating the Uniform

Grant Guidance for New Jersey School Districts for GAAP guidance.

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4. What is the due date for submission of the ESSER Application?

The ESSER I Application due date was June 19, 2020. The ESSER II application was due June 1, 2021

(on May 12, 2021, the NJDOE extended the ESSER II application deadline from May 14, 2021 to June

1, 2021).

5. What is the Tydings period?

The Tydings period refers to a provision per Section 421(b) of the General Education Provisions Act

(GEPA), to extend the period of availability of prior fiscal year funds. This provides districts an

additional twelve (12) months to obligate any funds that were not obligated at the end of the

original 12-month project period.

6. Is Board of Education approval required in order to submit the ESSER Application and accept the

allocation of funds? Will the Board approval date for the district’s ESEA Application represent the

Board approval date for the ESSER Application?

The district should follow the district’s funding application approval process. A Board of Education

approval date and upload are not required to submit the ESSER Applications or accept funds.

7. How will the district receive payment of the ESSER funds? Do we submit reimbursement requests

once a month through the EWEG system, like we do for the ESEA and IDEA funds? By what date

should ESSER reimbursement requests be submitted through the EWEG system?

Instructions on how to complete the payment process in the EWEG system are found in the

Instructions for Submitting Interim and Final Reports document and the New Jersey Department of

Education Policies and Procedures for Reimbursement for Federal and Other Grant Expenditures

document.

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Accounting Guidance

1. What accounting codes should be used for these funds?

Program Revenue Line, Account Number

Appropriation Line, Account Number

ESSER I 816 20-4530 “CARES Act- Education Stabilization Fund”

88678 20-477-xxx-xxx “CARES Act- Education Stabilization Fund”

CARES Digital Divide Grant 821 20-4531 “CARES Digital Divide Grant”

88705 20-478-xxx-xxx- “Bridging the Digital Divide Program”

Coronavirus Relief Fund 822 20-4532-”Coronavirus Relief Fund”

88706 20-479-xxx-xxx-”Coronavirus Relief Fund (CRF) Grant Program”

ESSER II 823 20-4534 “CRRSA Act- ESSER II”

88709 20-483-xxx-xxx “CRRSA Act-ESSER II Grant Program”

CRRSA Act Learning Acceleration

824 20-4535-”CRRSA Act Learning Acceleration Grant Program”

88710 20-484-xxx-xxx-”CRRSA Act Learning Acceleration Grant Program”

CRRSA Act Mental Health Grant

826 20-4536-”CRRSA Act Mental Health Grant”

88711 20-485-xxx-xxx “CRRSA Act Mental Health Grant Program”

The 2020-2021 edition of the Uniform Minimum Chart of Accounts for New Jersey Public Schools

and Approved Private Schools for Students with Disabilities provides information on the appropriate

accounting codes.

2. Do we have to follow federal purchasing laws or NJ state purchasing laws and procurement

procedures, thresholds, and guidelines as other federal grants (ESEA and IDEA)?

Yes. All Federal and state procurement laws and regulations apply to the use of ESSER funds.

Districts must follow the Uniform Grant Guidance and ensure that all bids and procurement

processes are aligned with Federal purchasing requirements. Please see the Navigating the Uniform

Grant Guidance: A Guide for New Jersey School Districts for more information.

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School Facilities Guidance

The USED has emphasized school facility repairs and improvements as areas LEAs should consider when

budgeting both ESSER and ESSER II funds. Although not specifically enumerated in the allowable uses

under the CARES Act, USED has indicated that the allowable use language in the CRRSA Act would apply

to the CARES Act as well. Specifically, LEAs should consider:

• School facility repairs and improvements to enable operation of schools to reduce risk of

virus transmission and exposure to environmental health hazards, and to support student

health needs.

• Inspection, testing, maintenance, repair, replacement and upgrade projects to improve the

indoor air quality in school facilities, including mechanical and non-mechanical hearing,

ventilation, and air conditioning systems, filtering, purification and other air cleaning, fans,

control systems, and window and door repair and replacement.

1. May an LEA, either a charter or a school district, use ESSER funds for leasehold improvements that

would otherwise be allowable if the LEA owned the facility? For example, may LEAs use ESSER

funds for facilities projects in facilities owned by contracted preschool providers that would

otherwise be allowable in a facility owned by the LEA?

In general, alterations to space for students are allowable under ESSER to the extent they are

reasonable and necessary. With respect to temporary leased space in particular, any alterations

must be necessary such that they really are needed to make the space usable but shouldn’t

unjustifiably benefit the owner of the leased space. Improvement to spaces related to COVID-19

that the LEA, charter school, or preschool uses for the long term, and will benefit the LEA/charter

school/preschool beyond the end of the grant period, would therefore be subject to a “reasonable

and necessary” analysis that is similar to the analysis of improvements that would apply to spaces

that the LEA owns.

Monitoring

1. Will the ESSER Funds be included in the Collaborative Monitoring process?

Yes, the Risk Assessment Tool which is used by the NJDOE to identify LEAs for both onsite and desk

monitoring of Federal funds and LEAs will be updated to include the ESSER funds. Both onsite and

desk monitoring will include a review of the ESSER funds.

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Nonpublic Equitable Services

Note: This section applies only to the ESSER I funds. There is no requirement to provide equitable

services with the ESSER II funds.

1. If a nonpublic school does not respond to the notification after trying to contact them through

multiple measures should the district indicate in the ESSER Application that the nonpublic school

is refusing equitable services? What happens if the nonpublic schools do not return the

Affirmation of Consultation forms?

If a nonpublic school does not respond to an LEA’s good faith effort to make contact, the LEA has no

further responsibility to provide equitable services to students or teachers in that nonpublic school.

The LEA, however, must be able to demonstrate that it made a good faith effort to contact all

nonpublic schools within the boundaries of the LEA.

2. Are nonpublic schools only those that are located within the borders of the town our school is in

or are we also contacting nonpublic schools in neighboring districts (aid in lieu families)?

Districts must consult with only nonpublic schools within the district’s borders.

3. What is the email address to which to send nonpublic Affirmation of Consultation forms?

Districts should email the completed and signed Affirmation of Consultation forms to

CARESActConsultation@doe.nj.gov

Mental Health Services and Supports Grant

1. What is the purpose of the Mental Health Services and Supports Grant?

The NJDOE has designated $30 million from the State set-aside for the provision of mental health

services and supports. These funds will support schools in building a continuum of school-based

mental health services and supports for students and educators, in coordination with existing

county and local services. Allocations for these funds were based upon total LEA enrollment with a

minimum of $45,000 per LEA. The allocations are also available on the CRRSA Fund Allocations PDF.

Each LEA will spend at least 10% of the allocation on professional development that supports the

provision of school-based mental health supports and services. The remaining amount can be

invested in the further development of mental health supports and services within the school

district and/or partnerships with community agencies to ensure that additional programming and

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supports can be provided to students, educators, and families. Examples of ways to use funds for

mental health supports and services and planning considerations for mental health supports and

services have been developed to assist LEAs with determining the best use of their allocation.

2. How do districts build sustainability of mental health supports and services implemented using

CRRSA/ESSER II funds after the life of the grant?

Mental health supports and services are allowable uses of both ESSER I and ESSER II for use over the

grant periods. The goal of the dedicated mental health allocation provided through ESSER II is for

LEAs to develop or enhance a Multi-Tiered System of Supports (MTSS) framework to provide school-

based mental health supports and services to students, educators, and families. Depending on what

supports a district determines are needed at a particular tier or tiers, it will be important to consider

the timeline for use of the various funds and how costs can be built into a district’s budget or

redirected within the LEA’s base budget after the life of the grant. One example could be to contract

with a community-based mental health agency to provide an in-district Tier 3 intensive therapeutic

support program, which could include individual, group and family therapy aimed at supporting

students’ ability to attend their local school rather being placed in a therapeutic out of district

placement. A well developed in-district therapeutic program could allow for students currently

attending costly out of district therapeutic placements to return to their in-district school setting

with intensive mental health supports and services. Those monies could then be re-directed to pay

for the contractor once the ESSER II grant period ends.

3. Can the Mental Health Services and Supports grant funds be used to provide mental health

supports and services, other than professional development, for staff as well as students?

Yes. Funds from the mental health allocation can be used for staff to support general mental health

and wellness. One example could be contracting with a community-based mental health agency to

offer educator wellness support groups for staff. However, if individual staff are demonstrating

significant mental health challenges, they should be referred to your Employee Assistance Program

(EAP) for support.

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Learning Acceleration Grant

1. Can districts use the Supporting the Learning Ecosystem funds for analyzing student data?

Yes. Using data to understand student learning needs is critical to selecting evidence-based

strategies for accelerating learning.

2. Can any portion of the Learning Acceleration grant be used for enrichment for non-struggling

students?

The Learning Acceleration grant may be used to meet the needs of all students. However, the NJDOE

encourages districts to review and analyze data and identified needs and engage stakeholders

throughout the process to collectively prioritize the necessary resources to support learning

acceleration.

3. Can all of the Academic Enrichment allocation be used for STEM, or does there have to include ELA

and the Arts?

No, the Academic Enrichment allocation has sub-allocation requirements on the activities and

experiences. The sub-allocations are 75% of the Academic Enrichment allocation is for STEM, and

the remaining 25% is for ELA and the Arts.

4. Can we use funds to pay staff to provide PD or attend PD outside of contractual time?

Stipends for additional work related to the allowable uses are allowable when they exceed

work/planning done outside the contract scope. As always, we encourage the judicious use of the

funds to cover mission-critical professional development and reasonable expenses around learning

acceleration.

5. Can you move money from Learning Acceleration and Mental Health to the ESSR II section?

No. The funds set aside for Learning Acceleration and Mental Health must be used for those

purposes.

6. Can ESSER I funds be used for Learning Acceleration projects as required by ESSER II?

The additional allowable uses of funds under the CRRSA Act are also permitted under the CARES Act.

ESSER I and ESSER II funds need to be tracked separately.

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