LLMF Frequently Asked Questions

Acronyms

Assembly Bill (AB); Coronavirus Aid, Relief, and Economic Security Act (CARES Act); California Department of Education (CDE); Code of Federal Regulations (CFR); Coronavirus Relief Funds (CRF); Community Violence Intervention (CVI); Elementary and Secondary School Emergency Relief (ESSER); Federal Emergency Management Agency (FEMA); Governor's Emergency Education Relief (GEER); General Fund (GF); heating, ventilation, and air conditioning (HVAC); local educational agency (LEA); Senate Bill (SB); state educational agency (SEA); School Emergency Response to Violence (SERV); science, technology, engineering, and math (STEM); U.S. Department of Education (ED)

General

1. Do LEAs need to apply for LLMF?

   The LLMF Application closed on April 7, 2021. The application was available at the Learning Loss Mitigation Funding web page and was due by August 5th in order to be included in the first apportionment. This web page includes a search tool in order to view the application submission status for each eligible LEA.

2. What are the allowable uses of LLMF? (Updated 26-Oct-2020)

   LEAs must use the funds in accordance with SB 820 (Committee on Budget and Fiscal Review, Chapter 110, Statutes of 2020):

   • Addressing learning loss or accelerating progress to close learning gaps through the implementation, expansion, or enhancement of learning supports that begin before the start of the school year and the continuation of intensive instruction and supports into the school year.
     
   • Extending the instructional school year by making adjustments to the academic calendar, increasing the number of instructional minutes provided during each week or school day, or taking any other action that increases the amount of instructional time or services provided to pupils based on their learning needs.
     
   • Providing additional academic services for pupils, such as diagnostic assessments of pupil learning needs, intensive instruction for addressing gaps in core academic skills, additional instructional materials or supports, or devices or connectivity for the provision of in-classroom and distance learning.
     
   • Providing integrated pupil supports to address other barriers to learning, such as the provision of health, counseling, or mental health services, professional development opportunities to help teachers and parents support pupils in distance-learning contexts, access to school breakfast and lunch programs, or programs to address pupil trauma and social-emotional learning.
     
   • Addressing health and safety concerns, including, but not limited to, purchasing public health testing, personal protective equipment, supplies to sanitize and clean the facilities and school buses of a local educational agency, and for other related needs.
     

3. What does it mean for ESSER and GEER funds to prevent, prepare for, and respond to the COVID-19 pandemic? (Added 7-Jan-2022)

   All ESSER and GEER funds must generally be used to prevent, prepare for, or respond to the COVID-19 pandemic. On December 29, 2021, ED released supplemental guidance (PDF) to the pre-existing Frequently Asked Questions (PDF) published in May 2021 related to the use of ESSER and GEER funds to clarify “What does it mean for ESSER and GEER funds to prevent, prepare for, and respond to the COVID-19 pandemic?”
   
   In the supplemental guidance, ED encourages SEAs and LEAs to think holistically about their response to COVID-19 in order to address the impact of lost instructional time from the pandemic on all students and to address pre-existing challenges that, if left unaddressed, will impede recovery from the pandemic. The supplemental guidance supports broadening how funds may be used to address the impact of the pandemic and lost instructional time and provides examples of allowable uses. However, LEAs must still articulate in their spending plans how the cost or need is connected to or impacted by the pandemic.
   
   ED also emphasizes wording from the ESSER and GEER FAQs (PDF) published in May 2021: “These Federal emergency resources are available for a wide range of activities to address diverse needs arising from or exacerbated by the COVID-19 pandemic, or to emerge stronger post-pandemic, including responding to students’ social, emotional, mental health, and academic needs and continuing to provide educational services as States, LEAs, and schools respond to and recover from the pandemic.”
   
   Please review the supplemental guidance (PDF) for the full text and examples of allowable uses.

4. When is the date that the LEAs must expend the funds by? (Updated 19-Nov-2021)

   LEAs must obligate the GEER I, Resource Code 3215, funds by September 30, 2022, with a 120-day liquidation period after. Quarterly reporting is currently required for GEER I funds.

   The deadline to expend GF, Resource Code 7420, was June, 30, 2020.

   The deadline to expend CRF, Resource Code 3220, was originally December 30, 2020, but was extended to May 31, 2021 through AB 86 (Chapter 10, Statutes of 2021).

   The final cycle for reporting CRF and GF funds as expended was the 2021 Fall Reporting Cycle.

5. Do any supplement not supplant requirements apply to LLMF? (Added 4-Aug-2020)

   The CRF and the GF do not include a supplement not supplant provision.

   For the GEER I fund, the supplement not supplant provision may apply depending on how an LEA determines their equitable services calculation. Please review the CDE ESSER I Fund FAQs for more information on how the equitable services requirement applies to CARES Act funds.

6. Is the LLMF subject to the equitable services requirement? (Added 4-Aug-2020)

   Only the GEER I funds are subject to equitable services. Please review the CDE ESSER I Fund FAQs for more information on how the equitable services requirement applies to CARES Act funds.

7. Can Federal Stimulus Funds be used for CVI programs and strategies? (Added 2-Nov-2021)

   Yes, ESSER and GEER funds may be used for CVI programs and strategies to provide student support to reengage disconnected youth and reduce community violence in places where COVID-19 has exacerbated inequities and increased community and school violence. For more information on CVI strategies and funding, please reference ED's guidance, How American Rescue Plan Funds Can Prevent and Respond to Crime and Promote Public Safety (PDF) and the Biden-Harris Administration’s Fact Sheet .

8. What are some examples of allowable expenditures LEAs are using stimulus funds for? (Added 10-Jan-2022)

   The following are examples of expenditures select LEAs provided when surveyed about how they were successfully and thoughtfully expending ESSER and GEER funds. All example expenditures were necessary for the surveyed LEA to prevent, prepare for, or respond to the COVID-19 pandemic.
   
   

   • Technology for classrooms and for every student
   • Maintaining and increasing classified and certificated staff numbers
   • HVAC upgrades and replacements
   • Additional portable classrooms and bathrooms to allow for social distancing
   • Roving substitutes
   • Personal Protective Equipment
   • Additional transportation
   • Contact tracing and testing
   • Attendance monitoring systems
   • Curriculum materials
   • Instructional supplies
   • STEM materials
   • Nutritional Services
   • Backpacks and school supplies
   • Implement or significantly expand sports programs
   • Expanding counselor and psychologist access
   • Social emotional learning resources
   • Parent and staff training
     

9. How have other LEAs used Federal Stimulus Funds to support students? (Added 17-May-2022)

   CDE has performed outreach to LEAs of varying sizes and geographical locations to find and promote success stories with regards to how Federal Stimulus Funds have been used to benefit students. With increased funding from the ARP Act and other legislation that previously allocated Federal Stimulus Funds, many districts have used this funding in unique ways to help students. When contacted, almost every LEA pointed to three key areas of funding that have been incredibly successful: funding programs to mitigate student learning loss, increased funding for COVID-19 prevention, and expanded purchases of classroom technology. Allocating funds to address the impact of lost instructional time through afterschool and summer school programs have created opportunities for increased academic success and learning loss mitigation. Mitigating COVID-19 transmission at school has been a near-universal funding focus, with LEAs allocating funds to increase air filtration, testing, and other mitigation measures. LEAs throughout the state have also purchased computers and tablets while also spending more funds on implementing high-speed internet on campuses. These purchases have decreased the technology access gap among students.

   Unique Programs specific LEAs have implemented in response to COVID-19:
   

   • Hiring outside consultants to study equity within the LEA and offer suggestions to address learning loss for students who have been disproportionately impacted by the COVID-19 pandemic.
   • Hiring more staff, specifically more psychologists coupled with increased mental health services, to ensure students with mental health issues are effectively served.
   • Increased special education funding to ensure special education students who were severely impacted by online learning can be helped.
   • Increased mental health services funding, as there has been an increase in mental health needs among students.
   • Literacy acceleration programs to ensure students acquire necessary literacy skills inside the classroom.

10. Can an LEA use ESSER and GEER funds to respond to natural disaster-related damage to ensure that schools can open and remain open safely? (Added 9-Jan-2023)

    Yes, ED has indicated in the December 2022 revision of the ESSER and GEER Use of Funds FAQs (PDF) that, in limited circumstances, ESSER and GEER funding may be used for natural disaster-related damage response (e.g., fire or earthquake damage), as long as the expenditure fits in with the allowable uses of the applicable fund source and is used to prevent, prepare for, or respond to the COVID-19 pandemic. ED has advised that LEAs may want to take advantage of any available funding, including through FEMA's Public Assistance program or the Department's Project SERV, prior to using ESSER or GEER funds for this purpose. To the extent there are activities that are necessary to meet students' needs in response to the pandemic, including needs exacerbated by a recent natural disaster, ESSER and GEER funds may be used to cover the costs consistent with the applicable allowability considerations (e.g., allowable under the statute and consistent with Uniform Grants Guidance).

11. Can GEER funds be used toward strategies for hiring and retaining qualified and effective educators and other staff? (Added 9-Jan-2023)

    Yes. In questions D-1 and D-1.a of the December 2022 revision of the ESSER and GEER Use of Funds FAQs (PDF), ED provides examples of strategies that may be allowable ways to use ESSER and GEER funds to stabilize and support the educator workforce and other staff in response to staff shortages as a result of the challenges arising from the COVID-19 pandemic. These strategies include:

    • Increasing educator and staff compensation.
    • Building and maintaining a cadre of high-quality substitute teachers.
    • Expanding and improving support for educator and staff well-being.
    • Investing in the educator pipeline.

    
    ED also provides new strategies to use ESSER and GEER funds in conjunction with funding and initiatives from other federal agencies to support this same goal. In particular, ED highlights that the Internal Revenue Service (IRS) issued FAQs clarifying that, in some instances, retirees can return to work and still receive their pensions or remain on the job and begin receiving pension payments, where permitted.
    
    For the full text, including more information and examples of each of these strategies, please see the ESSER and GEER Use of Funds FAQs (PDF).

12. How may an LEA use ESSER and GEER funds to address chronic absenteeism? Can we offer incentives? (Added 9-Jan-2023)

    In questions C-11 and C-11.a of the December 2022 revision of the ESSER and GEER Use of Funds FAQs (PDF), ED provides additional guidance, strategies, and example allowable uses of ESSER and GEER funds for LEAs to address chronic absenteeism that has increased as a result of the COVID-19 pandemic. In particular, ED describes strategies to locate and reengage students who are chronically absent and encourages LEAs to work with students and families to address underlying needs or barriers that are causing chronic absenteeism. Some examples of the recommended strategies include personal outreach by educators and support staff (including providing translation services or linguistically inclusive information), additional compensation for staff spending time outside their regular work hours to support student reengagement, hiring additional staff for student location and reengagement, actions on campus to develop routines and enrich the school community to prevent absenteeism, developing and implementing early warning systems, and developing and implementing recognition programs for regular attendance.
    
    However, in questions C-11 and C-23.a of the ESSER and GEER Use of Funds FAQs (PDF), ED explicitly states that ESSER and GEER funds may not be used to provide direct monetary rewards to students or families for school attendance, given that school attendance is a mandatory activity. Instead, any incentives funded by ESSER or GEER funds must be through support programs, activities, or similar strategies.
    
    For full lists of example allowable expenditures and relevant resources, please see the full text of these questions within the ESSER and GEER Use of Funds FAQs (PDF).

13. How may an LEA use ESSER and GEER funds to support English learners (also referred to as multilingual learners)? (Added 9-Jan-2023)

    In questions C-4 through C-4.c of the December 2022 revision of the ESSER and GEER Use of Funds FAQs (PDF), ED provides additional resources and examples to support LEAs in using ESSER and GEER funds to support the needs of multilingual learners and their families that have been exacerbated by the COVID-19 pandemic. ED encourages LEAs to use ESSER and GEER funds to address the specific needs of multilingual learners by addressing the impact of lost instructional time on students' social, emotional, and mental health in addition to academic achievement, supporting culturally responsive instruction, and supporting family engagement activities. Some recommended strategies include extending the school day or school year to recover lost instructional time, providing language accommodations for multilingual students and their families to better access available programming, developing and implementing formative and summative assessment strategies to better assess student needs, developing and expanding multilingual programs, offering asset-based scheduling practices to support meaningful access to core content classes, expanding community outreach and engagement with local organizations to support family engagement, and offering relevant professional development for teachers and other staff to support these goals.
    
    For full lists of example allowable expenditures and relevant resources, please see the full text of these questions within the ESSER and GEER Use of Funds FAQs (PDF).

14. Can LEAs use ESSER and GEER funds to provide meals for students or cover the cost of waiving outstanding school meals balances of students from low-income backgrounds? (Added 9-Jan-2023)

    Yes, in certain circumstances. In questions C-16 and C-16.a of the December 2022 revision of the ESSER and GEER Use of Funds FAQs (PDF), ED clarifies that ESSER and GEER funds can be used to provide meals for students or cover the costs of waiving the outstanding school meals balances of students from low-income backgrounds, if the need is related to COVID-19 response. ED also notes that additional food services needs may arise as a result of pandemic response, including the need for increased staff capacity, additional labor hours to meet new student needs, or additional equipment needs. These situations may also be appropriate uses of ESSER and GEER funds.
    
    However, ED recommends that LEAs use other funding already available specifically for these purposes (such as through the U.S. Department of Agriculture or other federal programs) first.
    
    For additional example allowable expenditures and relevant resources, please see the full text of these questions within the ESSER and GEER Use of Funds FAQs (PDF).

15. Can ESSER and GEER funds be used to support STEM education? (Added 9-Jan-2023)

    Yes, as it applies to COVID-19 response. On December 6, 2022, U.S. Deputy Secretary of Education, Cindy Marten, released a "Dear Colleague" letter to clarify that federal funds, including ESSER and GEER funds, may be used to support STEM educational strategies. The letter asserts that improving STEM programming and access is critical for short-term learning recovery to address the impacts of COVID-19, and for "preparing students to address future challenges in a complex, interconnected world." The letter also notes how other federal funds may be used for advancing STEM education, which may support sustaining these programs beyond the allowable grant periods for ESSER and GEER funds.
    
    The letter additionally includes an enclosure that provides examples of allowable expenditures and resources that fall into five categories:
    

    1. Implementing STEM learning acceleration programs that support students who have been disproportionately impacted by COVID-19.
    2. Redesigning STEM courses and learning experiences to promote diversity, equity, and inclusion in STEM.
    3. Increasing students' equitable access to STEM courses and experiences, including out-of-school-time programs, dual enrollment, STEM-themed schools, and career pathways.
    4. Recruiting, preparing, and supporting a diverse STEM educator workforce, increasing educators' knowledge and expertise in STEM, and equipping educators to meet the diverse needs of all students.
    5. Improving student access to materials and equipment needed to support inquiry-based pedagogy and active learning.

    
    Please see the full text of this letter to review this guidance, examples of how LEAs can use federal funds for these purposes, and corresponding research to support these uses.

Funding

16. Will the CDE post preliminary allocations?

    Yes, the CDE has posted LEAs' preliminary allocations on the Learning Loss Mitigation Funding web page.

17. Are there different formulas in how funds will be distributed to LEAs?

    Yes, there are three different funding formulas that will make up the distribution to LEAs, information can be found on the Learning Loss Mitigation Funding web page.

18. Are newly operational charter schools eligible?

    Newly operational charter schools are not eligible for LLMF. These charter schools do not generate an allocation because the data elements are based on prior year, and there is no provision in statute to fund new charter schools on current year.

Reporting

19. Will LEAs be required to report to CDE on these funds? (Updated 26-Oct-2020)

    Yes, the CDE requires LEAs to report on the use of funds. Please refer to the Reporting Requirements section of the Federal Stimulus Funding web page for links to the reporting portal, help page, and reporting window information.

20. What should an LEA do if it is using CRF on devices but will not receive those devices by the May 31, 2021 CRF expenditure deadline? (Updated 19-Nov-2021)

    It is not necessary for LEAs to receive devices by the May 31, 2021 expenditure deadline, provided the devices at the time the order is placed are expected to be received by May 31, 2021, and delays are due to supply chain interruptions beyond the control of the LEA. In these circumstances, LEAs may use CRF to pay for goods within 90 days of receipt.

    LEAs should not order devices late in the covered period (the covered period being March 1, 2020 to May 31, 2021) that at the time the order is placed devices are not expected to be received by May 31, 2021.
    
    CDE is required by statute to perform collection procedures to recoup any remaining CRF amounts that were unexpended or unobligated by May 31, 2021. Since the 2021 Fall reporting period was the final opportunity to report on CRF expenditures, all obligations must have been liquidated by the end of the reporting window on October 6, 2021.

21. Can an LEA use the $500 per student presumption referenced in the October 19, 2020 U.S. Treasury CRF FAQs? (Updated 19-Mar-2021)

    In the October 19, 2020 FAQs outlining the allowable expenses for CRF, the U.S. Department of Treasury states in FAQ #53 (PDF) “as an administrative convenience, Treasury will presume that expenses of up to $500 per elementary and secondary school student are eligible expenditures, such that schools do not need to document the specific use of funds up to that amount.”

    It is important to note that this guidance only relates to CRF (not ESSER, GEER, or GF). CDE recommends that the $500 per student allowability should be based on 2020–21 enrollment as reported and certified in the California Longitudinal Pupil Achievement Data System as of October 2020.

    For LEAs that received $500 per student or less in CRF:

    You may use this option but must ensure that funds are still spent in the required timeframe of March 1, 2020 – May 31, 2021.

    For the CRF reporting in the CDE Stimulus Funding Reporting Portal, when reporting in the exact dollars section, an LEA that meets this threshold would enter expenditures and/or obligations in the “Facilitating Distance Learning” category and list what funds have been obligated or expended.

    For the percentages section, LEAs should calculate the expenditures by percentage and enter them into the proper category to meet the state required LLMF reporting.

    LEAs are not required to adjust their reported expenditures if they have already reported the entirety of their CRF in the CDE Stimulus Funding Reporting Portal. If they have not expended or obligated all of their funds yet, they may choose to leave their previous reporting as is or move the previous expenditures into the “Facilitating Distance Learning” category.

    For LEAs that received more than $500 per student in CRF:

    Treasury also specifies that schools may for certain expenditures exceed the $500 per student. These expenses are limited to specified expenses discussed below and require additional documentation and detailed reporting. As such, the reporting approach falls into two categories based on the amount per student.

    Consistent with U.S. Treasury guidance, an LEA that received more than $500 CRF per student may use the administrative convenience of up to $500/per student presumption AND may use any amount above $500 per student for the following limited expenses for the purpose of addressing COVID-19:

    • Expanding broadband capacity;
    • Hiring new teachers;
    • Developing an online curriculum;
    • Acquiring computers and similar digital devices;
    • Acquiring and installing additional ventilation or other air filtering equipment;
    • Incurring additional transportation costs; or
    • Incurring additional costs of providing meals.

    
    In other words, if taking advantage of the flexibility, the LEA must use the CRF in excess of the $500/per student threshold only on the seven activities outlined above. These funds must also be spent in the required timeframe of March 1, 2020 – May 31, 2021.

    NOTE: The CDE recommends LEAs be cautious in using this allowability. This allowability will not absolve LEAs of the need to maintain documentation for all funds used above the $500 per student allowability. For funds above $500 per student, LEAs will be required to maintain documentation to substantiate:

    • The information reported to CDE on expenditure of CRF in each category.
    • That the LEA used CRF only during the period of availability.
    • The LEA used its CRF in accordance with state requirements as outlined in SB 98 (Committee on Budget and Fiscal Review, Chapter 24, Statutes of 2020) LLMF.
    • Any funds received above $500 per student are used in accordance with federal requirements.

    
    If an LEA decides to still use this option, when reporting in the exact dollars section, an LEA would enter the eligible expenditure (up to $500 per student) in the “Facilitating Distance Learning” category and list what funds have been obligated or expended. For any funds beyond that, they must be listed in the appropriate category to which they correspond (Note: some of these excess funds may still be listed in the “Facilitating Distance Learning Category”).

    For the percentages section, LEAs should calculate the expenditures by percentage and enter them into the proper category to meet the state required LLMF reporting.

Vaccinations

22. Can ESSER and GEER funds be used to conduct vaccine clinics? (Added 13-Jul-2021)

    ESSER and GEER funds may be used to facilitate vaccine clinics for staff, eligible students and household members. ESSER and GEER funds may be used to help implement public health protocols. Other vaccination outreach efforts are also allowable under ESSER and GEER. This can include public awareness campaigns and vaccine incentive programs. Please reference the On-Site Vaccination Clinic Toolkit (PDF) for more information on how to facilitate a clinic.

23. Are administrative costs associated with providing vaccinations allowable under ESSER and GEER funds? (Added 13-Jul-2021)

    Reasonable administrative costs are allowable when associated with obtaining vaccinations.

24. Can we give students incentives for getting vaccinated? (Added 13-Jul-2021)

    Incentives are allowable under GEER and ESSER, provided they are reasonable in size and scope and likely to lead to an increase in the rate of vaccinations. Examples include nominal gift cards to each vaccinated student, prize drawings for tablets, new school supplies, college scholarship money, and reasonable cash awards. Any incentives provided by an LEA must meet the requirements in 2 CFR Part 200, including the requirement that the amount of the incentive be reasonable and may not violate any other applicable laws or requirements (e.g., incentives may not involve alcohol per 2 CFR 200.423).

25. Is it just students or can families get vaccinated at an ESSER or GEER funded vaccination clinic? (Added 13-Jul-2021)

    Students, staff, and household members can receive vaccinations from an LEA-facilitated clinic.

26. Is COVID-19 screening and testing allowable under ESSER and GEER? (Added 13-Jul-2021)

    COVID-19 screening and testing is an allowable use of ESSER and GEER funds, as it is part of implementing public health protocols. Consultation with state and local health officials is key to ensure the adequacy of any COVID-19 testing program and that all applicable laws and requirements are being followed.

Transportation

27. May an LEA use ESSER or GEER funds to provide transportation for students to and from school? (Added 18-Nov-2021)

    Yes. Supporting or providing transportation services for students is an allowable use of funds under ESSER and GEER as long as the need is related to COVID-19 (e.g., to support daily attendance at school to address the impact of lost instructional time) and the cost is reasonable and necessary. This could include, but is not limited to, transportation services provided directly by the school district; the cost of public transportation services (e.g., bus or subway fare); taxis, rideshare apps, or other driving services; or compensation to parents for providing transportation services for their children.

    This FAQ is from the U.S. Department of Education's FAQs on Transportation (PDF).

28. May an LEA use ESSER or GEER funds to provide transportation for students participating in after-school learning and enrichment activities provided by the LEA? (Added 18-Nov-2021)

    Yes. If activities take place away from the school or after regular transportation home has occurred and are intended to address student needs related to COVID-19 (e.g., to address the impact of lost instructional time), and the cost is reasonable and necessary, transportation may be an allowable use of ESSER or GEER funds. For example, an LEA may provide before- and after-school learning and enrichment activities for students including, for example, high dosage evidence-based tutoring to address the academic impact of lost instructional time, and other activities that address the social, emotional, mental health, and academic needs of students, including extended school year or other compensatory and related services for eligible students under the Individuals with Disabilities Education Act. Reasonable and necessary costs of transportation to and from such activities would be an allowable use of ESSER and GEER funds.

    This FAQ is from the U.S. Department of Education's FAQs on Transportation (PDF).

29. May an LEA use ESSER or GEER funds to address a shortage of school bus drivers due to the pandemic? (Added 18-Nov-2021)

    Yes. For example, an LEA may use ESSER or GEER funds for retention bonuses for current bus drivers, for salary increases, or for the cost of hiring additional bus drivers to address the shortage of bus drivers due to the pandemic. Similarly, if an LEA is operating more bus routes due to physical distancing, funds may be used to hire additional bus drivers. In addition, funds may be used to pay for the costs associated with obtaining a commercial driver’s license for new bus drivers, including the required training.

    This FAQ is from the U.S. Department of Education's FAQs on Transportation (PDF).

30. May an LEA facing a shortage of school bus drivers use ESSER or GEER funds to compensate parents or guardians for transporting their students to and from school? (Added 18-Nov-2021)

    Yes. ESSER or GEER funds may be used to reimburse parents or guardians for transportation costs or to offer a stipend for transportation costs, as long as they are reasonable and necessary. This type of program may be appropriate to sustain in-person instruction if an LEA is experiencing challenges hiring and/or retaining the school bus drivers necessary to accommodate the LEA’s transportation needs. Before compensating parents or guardians for transportation costs, an LEA must develop clear, objective procedures that, in addition to other relevant factors, consider: the number of days of transportation provided for in-person attendance; documentation of the travel costs to ensure that the compensation is used only for transportation-related expenses; and a process to account for any ESSER or GEER funds that were paid to parents or guardians but not used for transportation costs.

    This FAQ is from the U.S. Department of Education's FAQs on Transportation (PDF).