​ESSER Guesser Q&A Session Notes​

​Monitoring happens annually.

1. No, we have an integrated risk-based monitoring protocol. Each year, those that are selected for an ESSER monitoring visit will only receive one visit for monitoring of all ESSER programs.
2. There are three different levels of monitoring which are based on a subrecipient's risk level.
3. 1. Low risk subrecipient's are only required to complete a ESSER monitoring questionnaire.
   2. Medium risk subrecipient's are required to complete the ESSER questionnaire and will have a virtual monitoring.
   3. High risk subrecipient's are required to complete the ESSER questionnaire and will have an onsite monitoring.
      

1. Monitoring method is dependent on risk level and can be either a questionnaire, a virtual visit, or an on-site visit.
2. All subrecipients must complete a questionnaire, but only some subrecipients will be receiving a Virtual or Onsite monitoring.
3. Each year, a monitoring questionnaire will be available to subrecipients electronically.
4. For monitoring visits, subrecipients will be emailed a link to select their preferred monitoring visit dates. A Document Request List will be sent at least 30-days prior to a virtual or on-site monitoring visit to offer sufficient time for document gathering. The ESSER Monitoring Team will reach out and schedule a kickoff meeting to answer questions and provide an overview of the monitoring visit schedule prior to the visit start date. On- site monitoring will take three days while virtual monitoring takes five days. Each monitoring visit will start with a grant administration interview on day one and complete with an exit meeting on the last day to review observations to date.
   
   The PDE ESSER Monitoring Team will also be offering ongoing training and technical assistance to subrecipients. There will be a future cadence for virtual trainings on various ESSER compliance areas. Additionally, the PDE team will be providing hands-on support and training to subrecipients who are approved and accept technical assistance.
   

1. Become familiar with the regulatory guidance that applies to ESSER subrecipients, including:
2. 1. 2 CFR Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
   2. State guidance including state procurement thresholds, PDE ARP ESSER Act 24, PA LEA Chart of Accounts, and PDE Master Standard Terms and Conditions.
   3. ESSER-specific guidance issued by US Department of Education (US DOE).
3. Review the Monitoring of LEAs' Coronavirus Associated Federal Programs page on PDE's website which includes the Document Request Listing, Areas of Review, and Checklist to Prepare for ESSER Monitoring.
4. Reach out to ra-edessermonitor@pa.gov if you have questions.
   

Please refer to the ESSER Top 10 Observations presentation: Top 10 Observations presentation.

The Document Request List is posted on PDE's website. Please find the document at this link. Document request list.

We want subrecipients to keep the ESSER funding they received. Our monitoring approach is based on many of the same requirements auditors will be looking at. Our procedures are designed to identify whether subrecipients are adhering to rules and guidelines that apply to ESSER so that any gaps can be addressed prior to an audit. Additionally, our monitors are there to be a resource to subrecipients by educating and sharing leading practices and requirements. Should subrecipients need additional hands-on learning needs, please reach out to ra-edessermonitor@pa.gov requesting technical assistance.

Documentation to demonstrate competitive procurement processes must be maintained by the LEA to satisfy procurement requirements for monitoring purposes. If these competitive procurement documents are provided, it is not necessary for the LEA to receive quotes as well.

1. A construction pre-approval form was completed, and approval was obtained.
   
2. The most stringent of federal, state, and local procurement requirements were followed and there is sufficient documentation to demonstrate the full history of procurement.
   
3. Contracts contain the required terms and conditions as outlined in 2 CFR 200.327 and Appendix II.
   
4. The subrecipient is maintaining adequate oversight of the construction and architecture and engineer contractor(s).
   
5. Costs of construction are adequately supported by purchase orders, invoices, and third-party proof of payment.
   

1. Per 2 CFR 200.320(c), non-competitive procurement method is only allowed in the following situations:
2. 1. Emergency or exigent situation.
   2. Purchase price is under the micro-purchase threshold ($10,000).
   3. After contacting a number of sources, competition is determined to be inadequate.
   4. Item is only available from a single source.
3. We recommend maintaining a sole source justification memo that maps back to these allowable situations to support cost reasonableness. You will need to document this each time you have a procurement that meets one of the criteria outlined above.
   

1. Yes. As long as the good/service being subscribed to is allowable and paid for during the period of performance of the grant, costs for the subscription are allowable under ESSER.
2. Period of performance dates for ESSER grants:
3. 1. ESSER I: March 13, 2020 – September 30, 2022
   2. ESSER II: March 13, 2020 – September 30, 2023
   3. ARP ESSER: March 13, 2020 – September 30, 2024
      

1. The proposal competitive procurement method may be used when conditions for sealed bidding are not present. Per 2 CFR 200.320(b)(1), "in order for sealed bidding to be feasible, the following conditions should be present:
2. 1. A complete, adequate, and realistic specification or purchase description is available.
   2. Two or more responsible bidders are willing and able to compete effectively for the business.
   3. The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally on the basis of price.
3. Furthermore, per 2 CFR 200.320(b)(2)
4. 1. The non-Federal entity must have a written method for conducting technical evaluations of the proposals received and making selections.
   2. Contracts must be awarded to the responsible offeror whose proposal is most advantageous to the non-Federal entity, with price and other factors considered.
   3. The non-Federal entity may use competitive proposal procedures for qualifications-based procurement of architectural/engineering (A/E) professional services whereby offeror's qualifications are evaluated and the most qualified offeror is selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of A/E professional services. It cannot be used to purchase other types of services though A/E firms that are a potential source to perform the proposed effort.
      
      Therefore, in the instance that the lowest price bidder is not selected, a justification memo needs to be included in the procurement file to explain why the cost is most reasonable, otherwise this cost may be at risk of future claw back.

Cooperative purchasing networks can be used for Federal grant expenditures as long as LEAs are doing their due diligence to execute the appropriate procurement method based on the most stringent of local, state, and federal guidance and procurement and contract files are requested and maintained. This may include quotes and/or competitive procurement support depending on the purchase threshold.

It is recommended to perform debarment checks prior to contract award. However, if a debarment check was not performed at the time of procurement, it is encouraged to perform one now and save the results in your procurement files. If the vendor is debarred, follow up actions should be taken.

1. If the purchase price is within the small purchase range, formal written quotes are the preferred format of quotes. Screenshots of comparable items obtained from large online retailers could also satisfy the quote requirement if formal written quotes cannot be obtained.
2. Please validate that you are using the appropriate procurement method for your purchase. Under Uniform Guidance, non-Federal entities must comply with the most restrictive of Federal, state, and entity-level requirements. PDE published a table that outlines the procurement methods to be used for the acquisition of goods and services when using Federal funds. Please note that the competitive procurement threshold for goods increased from $21,900 to $22,500 in January 2023.
3. 1. Procurement methods:
   2. 1. Micro-purchase:
      2. 1. $0 - $9,999
      3. Small purchase:
      4. 1. Goods: $10,000 – $22,499
         2. Services: $10,000 - $249,999
      5. Formal competitive (sealed bid or proposals):
      6. 1. Goods: $22,500 or more
         2. Services: $250,000 or more
      7. Non-competitive: ONLY when one of the following apply:
      8. 1. Purchase price is less than $10,000
         2. Available only from a single source (sole source)
         3. Public emergency or exigency
         4. Expressly authorized by awarding or pass-through agency in response to written request from district.
         5. After soliciting a number of sources, competition is deemed inadequate.
            

1. ​Under Uniform Guidance, non-Federal entities must comply with the most restrictive of Federal, state, and entity-level requirements. PDE published a table that outlines the procurement methods to be used for the acquisition of goods and services when using Federal funds. Please note that the competitive procurement threshold for goods increased from $21,900 to $22,500 in January 2023. Federal and state acquisition thresholds are adjusted periodically.
2. Federal Procurement methods and current thresholds:
3. 1. Micro-purchase:
   2. 1. $0 - $9,999
   3. Small purchase:
   4. 1. Goods: $10,000 – $22,499
      2. Services: $10,000 - $249,999
   5. Formal competitive (sealed bid or proposals):
   6. 1. Goods: $22,500 or more
      2. Services: $250,000 or more
   7. Non-competitive: ONLY when one of the following apply:
   8. 1. Purchase price is less than $10,000
      2. Available only from a single source (sole source)
      3. Public emergency or exigency
      4. Expressly authorized by awarding or pass-through agency in response to written request from district
      5. After soliciting a number of sources, competition is deemed inadequate
         

Procurements should be grouped by items similar in scope and should not create barriers to competition. All items that will be purchased under the contract should be clearly identified in both the contract scope of work and in the solicitation scope at the time of procurement.

ESSER funds granted to non-public entities are intended for the services and benefits listed in the Affirmation of Consultation with Private (Nonpublic) School Officials form. PDE does not anticipate that items purchased with ESSER funds will be returned. PDE reserves the right to compensation for materials purchased with ESSER funds which are subject to fraud, waste, or abuse if detected through monitoring or audit.

Items purchased for non-public schools are used to provide services and benefits listed in the Affirmation of Consultation with Private (Nonpublic) School Officials form.

1. The ESSER Program has broad eligibility, but all eligible activities must be in response to the pandemic. Some of the allowable uses are to:
2. 1. Coordinate preparedness and response efforts to COVID-19.
   2. Provide principals and other school leaders with resources to address individual school needs.
   3. Address the unique needs of low-income children, children with disabilities, English learners, racial and ethnic minorities, students experiencing homelessness, and foster care youth, including outreach and service delivery.
   4. Implement systems to improve LEA preparedness and response efforts.
   5. Deliver professional development for LEA staff on sanitation and minimizing the spread of infectious disease and purchasing supplies to sanitize and clean LEA facilities.
   6. Plan for and coordinate operations during long-term closures, including how to provide meals, technology for online learning, guidance for carrying out IDEA requirements, and providing educational services consistent with applicable requirements.
   7. Purchase educational technology (including hardware, software and connectivity) for students.
   8. Provide staff and student mental health services and supports.
   9. Plan and implement summer learning and supplemental afterschool programs.
   10. Initiate other activities necessary to maintain LEA operations and services and employ existing LEA staff, including any activity authorized by ESEA which include the Title programs, IDEA, Adult Education and Family Literacy Act, Perkins, and McKinney-Vento.
   11. Address 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 educational agency.
   12. 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.
   13. Implementing evidence-based activities to meet the comprehensive needs of students.
   14. Providing information and assistance to parents and families on how they can effectively support students, including in a distance learning environment.
   15. Tracking student attendance and improving student engagement in distance education.
   16. Making 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.
   17. Inspecting, testing, repairing, and other projects to improve the indoor air quality in school facilities, including mechanical and non- mechanical heating, ventilation, and air conditioning systems, filtering, purification and other air cleaning, fans, control systems, and window and door repair and replacement.
       

1. Subsidizing or offsetting executive salaries and benefits of individuals who are not employees of the SEA or LEAs.
2. Expenditures related to state or local teacher or faculty unions or associations. CARES Act funds generally will not be used for bonuses, merit pay, or similar expenditures, unless related to disruptions or closures resulting from COVID-19.
   

Yes, salaries and benefits are allowed, provided that LEAs can tie claimed labor amounts to the LEA's response to the pandemic.

Financial documentation supporting payroll may include one or more of the following:

1. Payroll Reports
2. Pay Registers
3. Pay Stubs
4. Timesheets (when partial FTE hours are allocated)
   

Payroll for salaried employees or time sheets for hourly employees. We are also testing fringe benefits. Monitors will be looking for something to tie the high-level fringe activity down to the employee-level.

Cyber schools are typically funded using ESSER funds. Other costs related to digital curriculum may be allowable. All procurements should follow the LEA's procurement policy.

If the social worker's impact addresses learning loss due to the pandemic, then their time could be claimed under 20% learning loss. Their time could likely also be claimed under the 5% break out (part of the 7% set asides).

1. The State encourages LEAs to address both the immediate and long-term impacts of the Pandemic. Addressing learning loss, social/emotional wellbeing, and other unique needs of the LEA's student body will prove to be long-term investments. Likewise, the capital and infrastructure projects allowable under ARP ESSER will have long-term useful lives, providing safer learning environments for decades to come.
2. The State also feels strongly that ESSER monitoring is an investment in the grant administration capabilities of LEAs across the Commonwealth. Through identification of issues, recommendation of leading practices, and provision of technical assistance, PDE hopes to catalyze growth in sound financial management, not only for ESSER funding but in all Federal- and State-funded grant activities.
   

1. Subrecipients should complete a budget revision anytime there is a variance between actual and/or anticipated expenditures and budgeted amount. For example, if the cost of an approved construction project increases due to inflation or labor/product shortages, a budget revision should be submitted. Additionally, if you're transferring money between two already approved projects after procurement is completed, you should do the budget revision.
2. At a minimum, PDE requires subrecipients to submit a budget revision in eGrants anytime a cost line item has changed of 20% or more. For instructions on how to submit a budget revision, please refer to the Budget Revisions Instructions located on the PDE website.