Presenters from TDOE's relief funding team told local education agencies during a webinar that any school district that used ESSER funds for construction, renovation or real-property work must file annual federal-interest reports and, when a single project totals $1,000,000 or more, record a notice of federal interest (NFI) in the local property records.

TDOE staff said the ePlan reporting and recording instrument for fiscal year 2025 is open and that LEAs should complete the required cover page and the real property status report (Attachment A) and upload them under Data and Information in ePlan on or before Dec. 20. "LEAs or other subgrantees must annually report on the status of a renovation, major remodeling, construction, [or] real property for at least the first 15 years after a project is funded and for which federal interest is retained," one presenter said, emphasizing the length of the reporting obligation.

Why it matters: the presenters said the recorded federal interest helps ensure continued educational use, documents the level of public investment that could be recouped if a property is transferred to private ownership, and promotes nondiscrimination and accessibility during the period the property is subject to the grant. The team pointed attendees to linked federal regulations and U.S. Department of Education (ED) guidance in their resource list.

What LEAs must do now: the instrument asks two core yes/no questions: whether ESSER funds were used (in part or whole) for construction/remodeling/real property and whether any single project funded by ESSER 2 or 3 totaled $1,000,000 or more. If the latter is true, the instrument includes an assurance that the NFI has been recorded with the jurisdiction where the property is located. TDOE staff said it is not necessary to upload the recorded NFI to ePlan, but they recommended that LEAs keep the recording on file for monitoring and oversight.

On the NFI form and recording process: presenters clarified there is no single, nationwide NFI form housed in ePlan. "There is not a specific form that is provided to record an NFI," a presenter said; instead, NFIs must be filed with the local register of deeds or equivalent office and requirements vary by jurisdiction. The presenters linked sample NFIs and the federal regulations in their resources to help LEAs see typical language.

Aggregation and practical examples: the presenters advised that if multiple projects at one property — even if each is individually under $1,000,000 — total $1,000,000 or more in ESSER-funded work, LEAs should consider recording the NFI to avoid potential findings. In a sample scenario, three separate $400,000 HVAC projects at three different properties would each require reporting but would not require recording because none individually meets the $1,000,000 recording threshold.

Other clarifications and compliance details: reporting is required when federal funds in any amount were used, even if combined with state or local funds. If a charter school received ESSER funds for a capital project, the LEA is responsible for recording and reporting that project. The presenters noted the instrument is relatively short, required fields commonly missed include the cover-page sections and assurances, and the submission must be approved by the LEA's authorized representative before ePlan will accept it.

Resources and next steps: TDOE staff highlighted an FAQ and quick guide in TDOE resources, linked ED guidance and the fillable PDF reporting forms (the presenters noted the forms sometimes require saving locally or using an updated PDF reader to open). The ePlan instrument is open now; the team urged LEAs to complete and submit the required reports under Data and Information by Dec. 20 and to retain copies of any recorded notices for oversight. The presentation closed with contact information for relief coordinators, a feedback survey, and the fraud/waste/abuse reporting number.

The presenters opened the floor for questions at the end of the session. No formal votes or binding actions were taken during the webinar.