State education chief outlines ESSER III rules, allowable uses and timing for districts
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Summary
State Superintendent Donald Mackey updated the State Board of Education on the recently agreed ESSER III federal package, its distribution formula, allowable uses and timing for obligation and spending.
State Superintendent Donald Mackey updated the State Board of Education on the recently agreed federal Elementary and Secondary School Emergency Relief (ESSER III) package and how the department plans to manage allocations to school systems.
Mackey said the “key message” is that “the distribution formula is the same as extra 1 and 2 on the title 1 form,” adding that combining ESSER I and ESSER II allocations for a district produces a figure close to what the district will receive in ESSER III. He also described an expanded list of allowable expenses and laid out timing expectations tied to the Tydings amendment.
The details board members and staff will need: Mackey said the department has not yet received district-level allocations from the U.S. Department of Education and that those notices typically arrive a few weeks after a bill becomes final. He said ESSER III allocations must be “obligated by September 2023,” and because of the Tydings amendment “it actually has to be spent by September 2024.” Mackey repeated that pattern for prior rounds: ESSER I funds had to be spent by September 2022 and ESSER II by September 2023.
Mackey described allowable uses in ESSER III that differ from earlier rounds. “Anything that you can purchase, any expense that would be allowed under IDEA or special education is allowed under 3,” he said, and he added that items allowable under the Carl Perkins program (career and technical equipment) are now permitted. He gave examples including adaptive equipment and ‘‘sensory rooms’’ for special education and noted districts could purchase equipment but could not use federal law to build new buildings.
Board members asked how the department will ensure accountability. Mackey said federal auditing requirements will apply and that districts must tag purchases and show what grant funded them: “when you buy something with federal money, you have to put, markers on it like real tags that shows what money it came out of and and what building it's in.” He said federal audits can occur many years after spending (discussing audit timeframes in the record as multiple years out).
Mackey described the department’s procedural plan: finalize and release ESSER I and II applications and approvals first, then begin processing ESSER III applications in early summer (he suggested June) so that district recovery plans for earlier buckets are settled before the larger ESSER III allocations are opened. He said the department will provide office hours and retain a measured pace to ensure sound distribution and to guard against waste.
Why it matters: ESSER III represents a large, one-time federal infusion tied to pandemic recovery and broader allowable uses; the department’s planning and the federal audit/obligation timelines will shape local budget choices, procurement, and program design.
Mackey and staff said more information will come to superintendents and board members as federal allocations and the department’s guidance are finalized.
