ODE issues new requirements for ESSER-funded construction and capital expenditures

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On October 29, 2021, the Ohio Department of Education (ODE) issued new requirements regarding the use of federal ESSER II and ESSER III funding for construction and capital expenditures. Under the new requirements, local education agencies (LEAs) will need to provide additional assurances and budget details within their ESSER applications on the Comprehensive Continuous Improvement Plan (CCIP) platform for all ESSER-funded construction and capital expenditures. ODE’s new requirements apply both proactively to future funding requests and retroactively to previously approved requests. Any school district that included budgeted funds within the “Facilities/Capital Outlay” section of their ESSER application will need to take affirmative steps to complete these additional assurances before or during the next revision of their application. LEAs will not be able to successfully submit a final expenditure report without first completing the additional requirements. LEAs that are required to provide this additional information should receive a “validation message” within their ESSER application on the CCIP platform.

With the issuance of the new requirements, ODE reminded LEAs of their obligation to maintain appropriate documentation that demonstrates the agency’s compliance with state and federal law, noting that ESSER-funded construction and capital expenditures will be subject to heightened scrutiny and oversight by all regulatory bodies.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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