EANS Guidance Released
The U.S. Department of Education has released FAQs answering important questions about how the EANS program will work. Here are some key excerpts:
B-8. Is there a deadline by which an SEA must obligate EANS funds for services or assistance for non-public schools?
Yes. An SEA must obligate EANS funds to provide services or assistance to non-public schools in an expedited and timely manner, to the extent practicable. However, an SEA must obligate EANS funds not later than six months after receiving those funds.
B-9. What does it mean for an SEA 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.
C-3. May an SEA permit an organization that has governing authority over a group of nonpublic 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.
C-12. If a non-public school’s application for services or assistance under the EANS program is denied, may the non-public school apply for a loan under the Paycheck Protection Program (PPP)?
The PPP is administered by the Small Business Administration and is governed by its requirements and timelines. However, there is nothing in the CRRSA Act that would preclude a non-public school whose application for services or assistance under the EANS program is denied from then applying for a PPP loan on or after December 27, 2020.
C-13. If a non-public school applies for a PPP loan and is denied a loan, may it apply for services or assistance under the EANS program?
Yes. A non-public school that applies for a PPP on or after December 27, 2020, but does not receive funds under the PPP, may apply for services or assistance under the EANS program, as long as the nonpublic school meets the requirements and deadlines of the SEA.
D-7. Does receiving services or assistance under the EANS program make a non-public school a “recipient of Federal financial assistance”?
No. Under the EANS program, a Governor is the recipient of Federal financial assistance and is responsible for ensuring that the SEA administers the EANS program in accordance with applicable laws, including civil rights laws. Section 312(d)(7)(A) of the CRRSA Act requires a public agency (e.g., the SEA) to control and administer EANS funds and keep title to materials, equipment, and property purchased with the funds. A non-public school whose students and teachers receive services or assistance under the EANS program, even if such services or assistance are delivered through reimbursement, is not a “recipient of Federal financial assistance.”