Sneak Preview: ED Guidance Aids Grantees Impacted by Disasters
(The following was excerpted from a recent Grants Compliance Expert article.) The Department of Education (ED) recently provided guidance on flexibilities and waivers that recipients of federal awards from the agency can request in response to federally declared disasters, including weather-related disasters and the current COVID-19 pandemic.
The document includes sections on general discretionary and formula grant requirements (e.g., reporting deadlines, timelines for grant-funded activities, maintenance of effort and matching requirements), as well as concerns related to specific programs. The agency emphasizes that the guidance, which is nonbinding and does not have the force and effect of law, addresses only federal requirements and flexibilities, and that only state and local officials can address state and local flexibilities.
The guidance “addresses the implications of a prolonged school or program closure or other disruption to services to students and other program participants, legal questions that may arise for school or program administrators when faced with extended closures due to the disaster’s impact, and the possibility of waiving requirements or finding other flexibility in federal laws and regulations.” The document, written in a question-and-answer format, will be updated over time to respond to additional questions recipients may have.
ED notes that it can provide flexibility in many ways for applicants of discretionary awards that have been affected by a disaster. For example, it may extend the application filing deadline when legally appropriate and permissible. While ED has limited authority to redirect funds appropriated for one program or purpose to another program or purpose, the guidance adds that the agency will ensure that any funds that have been statutorily authorized for relief efforts are awarded to eligible recipients.
If delays in federal funding obligations are caused by a disaster, ED staff will work with grantees on the obligations to the extent permitted by law and warranted by the conditions and effects of the disaster, and consider using the “pre-award period” to negotiate a delay of the grant start-up date. ED may allow pre-award costs within 90 days prior to the date of award are allowed without prior approval (§200.308(e)(1)). To the extent a disaster delays a grant award beyond 90 days, ED will consider authorizing pre-award costs incurred for allowable activities.
(The full version of this story has now been made available to all for a limited time here.)
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