Research conducted by Barry Katzen.
The Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA) was signed into law on December 27, 2020. It was the second round of Federal Covid Relief, following the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which was signed into law on March 27, 2020.
This report aims at unpacking the CARES Act and CRRSAA, highlighting specific elements of the law, and understanding what it means for K-12, adult, and higher education, specifically in relation to English language learning and technology.
We also want to renew our commitment to supporting educators in navigating the “new normal” of remote teaching and providing the best solutions that will not only engage students in learning but also ensure they progress and reach desired outcomes and milestones.
Overview and Funding Amounts
CARES Act
On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law. The funding includes an Education Stabilization Fund totaling $30.75 billion. The breakdown in funding is as follows:
- The Governors Emergency Education Relief Fund (GEER Fund) received 9.8% of the funding, or $2,953,230,00.
- The Elementary and Secondary School Emergency Relief Fund (ESSER I Fund) received 43.9% of the funding, or $13,229,265,000.
- The Higher Education Emergency Relief Fund (HEERF) received 46.3% of the funding, or $13,952,505,000.
The GEER funds are distributed to governors to be spent as seen fit to meet the needs of students and schools (K-12, colleges/universities, and other education-related entities).
ESSER funds go directly to State Education Agencies (SEAs) based on Title 1 proportions.
HEERF funds go directly to colleges and universities (Institutions of Higher Education – IHEs) based on formulas described in the Higher Education section below.
CRRSAA
On December 27, 2020, the Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA) was signed into law. The stimulus package includes an additional $81.88 billion for the Education Stabilization Fund, with dollars available through September 30, 2022. There is a set-aside of 1% evenly split between the outlying areas (such as Guam and the US Virgin Islands) and the Bureau of Indian Education.
The remaining $81,061,200,000 is again split among three funds:
- GEER receives 5% of the funding, or $4,053,060,000.
- ESSER II receives 67% of the funding, or $54,311,004,000.
- HEERF II receives 28% of the funding, or $22,697,136,000.
This chart summarizes the funding components:
K-12 (and Adult Ed Programs Run at K-12 Facilities)
The Education Department awards the K-12 grants to State Education Agencies (SEAs) for the purpose of providing Local Education Agencies (LEAs) – including charter schools that are LEAs – with emergency relief funds to address the impact that Covid-19 has had, and continues to have, on elementary and secondary schools across the nation.
ESSER and ESSER II funds were awarded to states based on the proportion of funding each state received under Part A of Title I of the Elementary and Secondary Education Act of 1965, as amended in fiscal year 2020.
There is a maintenance of effort requirement for the GEER and ESSER funds. To receive funding, a state must provide assurances that it will maintain support for elementary and secondary education and for higher education for fiscal 2022 at a level of spending at least proportional to overall state spending averaged over fiscal years 2017, 2018, and 2019.
Allowable Activities
ESSER and ESSER II provide district leaders with broad authority over both the targeting of funds to specific schools and the use of funds more broadly.
LEAs may use their funds for any of the following categories depending on local needs (note: text in bold emphasizes categories that are specifically related to English language learning):
Any activity allowed under the “Every Student Succeeds Act” (ESSA) Including Title I-A, Title I-C (Migrant Education), Title I-D (Neglected and Delinquent Students), Title II-A, Title III-A (English Language Learners), Title IV-A, Title IV-B 21st Century Community Learning Centers, Title V-B REAP (SRSA and RLIS), Title VI-A (Indian Education), Title VII (Impact Aid)
Any activity allowed under the following federal education acts:
- Individuals with Disabilities Education Act (IDEA)
- Carl D. Perkins Career and Technical Education Act (Perkins Act)
- McKinney Vento Homeless Assistance Act
- Adult Education and Family Literacy Act
- Native Hawaiian Education Act and the Alaska Native Educational Equity, Support, and Assistance Act
The ESSER II guidelines added the following allowable activities:
Addressing learning loss among students, including low-income students, children with disabilities, English learners, racial and ethnic minorities, students experiencing homelessness, and children and youth in foster care, of the local education agency, including by—
- Administering and using high-quality assessments that are valid and reliable, to accurately assess students’ academic progress and assist educators in meeting students’ academic needs, including through differentiating instruction;
- Implementing evidence-based activities to meet the comprehensive needs of students;
- Providing information and assistance to parents and families on how they can effectively support students, including in a distance learning environment; and
- Tracking student attendance and improving student engagement in distance education.
The chart below summarizes all allowable activities – note the relevant activities that are circled:
- activities authorized under the Adult Family and Literacy Act;
- activities to address the unique needs of English learners;
- purchasing education technology for students;
- providing online learning;
- Implementing summer learning and after school programs.
Adult Education
The following are relevant examples of allowable activities relating to Adult Education in K-12 districts, in particular activities allowable under the Adult Education and Family Literacy Act:
- Family literacy activities that include the four required components
- High school equivalency preparation for students ages 17+ who are not currently enrolled in secondary school
- Materials/Supplies in support of adult education services
- Software/Technology in support of adult education services
- Professional development for adult education instructors
GEER Funds
According to the Hunt Institute, some governors are using the GEER funds for K-12 activities that are specifically relevant to English language learning. For example, thirty-five governors are designating GEERF money for curriculum and teacher training to deliver remote learning. Oklahoma has established grants to families for tutoring and online curriculum as well as expanded its virtual AP offerings. Missouri is developing training for educators that will “address the technical and instructional expertise” needed for remote teaching. This training will include the unique needs of students with disabilities, English language learners, economically disadvantaged students, and students from racial and ethnic minorities. See details at https://hunt-institute.org/covid-19-resources/geer-fund-utilization/
Application Process
Only State Education Agencies (SEAs) in the 50 States, Puerto Rico, and the District of Columbia apply directly to the Department for ESSER funds. School districts (LEAs) must apply to the relevant SEA. Every SEA must use at least 90% of its ESSER Fund grant to make subgrants to LEAs by formula based on FY 2019 Title I, Part A allocations.
The National Conference of State Legislatures has developed a very useful Elementary and Secondary School Emergency Relief Fund Tracker which provides (a) links for LEAs to apply for funding (subgrants) in each state, (b) ESSER I and ESSER II allocations to each state, and (c) plans announced by each state’s SEA.
ESSER funds are available through September 30, 2022; the SEA deadline for awarding funds is May 2021.
ESSER II funds are available through September 30, 2023; the SEA deadline for awarding funds is January 2022.
This diagram shows the timeline for using ESSER funds from the CARES Act (ESSER I):
The following chart illustrates the timeline for ESSER II funds:
Associated Documentation for K-12
This chart provides an overview of the CARES Act ESSER funds allocated to each state:
ESSER-Fund-State-Allocations-Table.pdf
See this chart for an overview of the ESSER II funds allocated to each state: Final_ESSERII_Methodology_Table_1.5.21.pdf
Higher Education
HEERF grants are allotted directly to Institutions of Higher Education (IHEs). Institutions are required to provide at least 50% as emergency aid to students, as was required by the CARES Act. Institutions with approved applications from the CARES distribution are not required to submit a new or revised application.
Under the CARES Act, 90% of HEERF grants ($12,557,254,500) were allocated to institutions based on the proportion of two student populations compared with those student population totals nationwide before the onset of the pandemic, weighted as follows:
- 75% for full-time-equivalent Pell students not in distance education only
- 25% for full-time-equivalent non-Pell students not in distance education only
HEERF II uses a different formula for allocating funds to public and private nonprofit institutions. The formula below accounts for both full-time equivalent (FTE) enrollment and headcount — a change from the CARES Act formula, which only factored in full-time enrollment.
- 37.5% based on FTE enrollment of Pell recipients who were not exclusively enrolled in distance education courses prior to the qualifying emergency;
- 37.5% based on headcount enrollment of Pell recipients who were not exclusively enrolled in distance education courses prior to the qualifying emergency;
- 11.5% based on FTE enrollment of non-Pell recipients who were not exclusively enrolled in distance education courses prior to the qualifying emergency;
- 11.5% based on headcount enrollment of non-Pell recipients who were not exclusively enrolled in distance education courses prior to the qualifying emergency;
- 1% based on FTE enrollment of Pell recipients who were exclusively enrolled in distance education courses prior to the qualifying emergency; and
- 1% based on headcount of Pell recipients who were exclusively enrolled in distance education courses prior to the qualifying emergency.
IHEs have one calendar year from the date of their award to expend funds unless the institution receives a no-cost extension.
Allowable Activities
Colleges have more flexibility in how they can use HEERF II funds than they did under the CARES Act. These expanded allowable activities apply both to new funds distributed under the omnibus bill and any unspent CARES Act funds. Institutions are still required to spend at least 50% of any unspent CARES Act funds on emergency student aid.
Colleges and universities can use the HEERF II funds to:
- Defray expenses associated with Covid (including lost revenue, reimbursement for expenses already incurred, technology (hardware and software) costs associated with a transition to distance education, faculty and staff trainings, and payroll);
- Carry out student support activities authorized by the HEA that address needs related to Covid; or
- Provide financial aid grants to students (including students exclusively enrolled in distance education), which may be used for any component of the student’s cost of attendance or for emergency costs that arise due to Covid, such as tuition, food, housing, health care (including mental health care), or child care. Note that this financial aid can be used for emergency grants to help students meet urgent needs, such as technology.
In both the CARES Act (HEERF) and in CRRSAA (HEERF II), 7.5% of the HEERF total funding is reserved for Historically Black Colleges & Universities and other Minority-Serving Institutions. (NOTE: Minority-Serving Institutions include institutions that would be eligible to participate in the following programs: Predominantly Black Institutions, Alaska Native and Native Hawaiian-Serving Institutions, Asian American and Native American Pacific Islander-Serving Institutions, Native American-Serving Nontribal Institutions, Developing Hispanic-Serving Institutions Program, and Promoting Postbaccalaureate Opportunities for Hispanic Americans.)
Application Process
The Education Department extended the application deadline for HEERF I grants under the CARES Act until September 30, 2020. Applications are no longer being accepted for HEERF I funds.
For institutions that received HEERF I funds, applications are not required to receive supplemental awards under HEERF II.
Public and nonprofit Institutions that did not previously receive CARES Act funding must submit their applications for the CRRSAA student aid portion and institutional portion of Section 314(a)(1) funds by April 15, 2021. (See detailed information at https://www2.ed.gov/about/offices/list/ope/crrsaa.html )
All HEERF grants must be spent by September 30, 2022.
All HEERF II grants must be spent by September 30, 2023.
Associated Documentation
See this site for state-by-state information on CARES Act funds awarded to LEAs and colleges/universities: https://covid-relief-data.ed.gov/
See this file, which shows the CARES Act (HEERF) allocations to colleges and universities. Also see this file, which shows the CRRSAA (HEERF II) allocations to colleges and universities.
Supporting English Language Learners in the Time of Covid-19
Due to school closures, many English language learners lost opportunities to learn and practice their new language, and programs have struggled to create a rich and engaging environment for their students. Pearson’s commitment to providing the best solutions for English language learners of all ages is unwavering. From top-notch English language materials and digital platforms and resources to teacher support and guidance, we are excited to partner with schools and programs to ensure that learning continues despite recent disruptions.
We have materials and solutions that delight and engage learners, work well in the online or hybrid setting, and can help you address the needs of your learners and ensure they progress on their path to full proficiency.
Reach out to us for more details and product demos. Locate your specialist here.
Visit our Covid-19 support site where you can find resources for moving instruction online.