Coronavirus Disease (COVID-19)

Under section 3511(b)(1)(B) of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Pub. L. No. 116-136 (March 27, 2020), the Secretary of Education is authorized to consider waivers to extend the period of availability of certain Federal funds to SEAs responsible for implementing Federal programs. The CARES Act provides substantial relief to children, families, educators, and service providers who have been profoundly affected by the Novel Coronavirus Disease (COVID-19). Funds provided under Part C of IDEA are to assist each State to maintain and implement a statewide, comprehensive, coordinated, multidisciplinary, interagency system to provide early intervention services for infants and toddlers with disabilities and their families. Under the CARES Act, State Lead Agencies that are also SEAs may request a waiver for the period of availability for the use of IDEA Part C funds. The CARES Act does not authorize the Secretary to consider waivers from State Lead Agencies that are not SEAs.

Specifically, as a State Lead Agency that is also an SEA, you may request a waiver on behalf of your State that will permit the IDEA Part C lead agency to use Federal fiscal year (FFY) 2018 IDEA Part C grant award funds for an additional year beyond what is known as the Tydings period. This action is taken as a result of the on-going national emergency declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, and to assist in your planning for how to continue the provision of early intervention services to infants, toddlers and children with disabilities and their families.

Your State may now submit a streamlined waiver request for an extension of the period of availability in Section 421(b) of the General Education Provisions Act (GEPA) for FFY 2018 IDEA Part C grant award funds. Upon approval of a waiver, the FFY 2018 IDEA Part C grant award funds will be available for obligation by the State lead agency through September 30, 2021 and may be liquidated through December 30, 2021. OSERS is committed to acting on and responding to complete waiver requests as quickly as possible. To that end, a waiver template is available which, if completed and submitted electronically to IDEAwaiver@ed.gov, will result in an expedited response from the Department. The waiver template in fillable portable document format (PDF) is attached to this memorandum and is also posted at www.ed.gov/coronavirus.

The attached request must be signed by the SEA State lead agency. Your State's SEA representative (Chief State School Officer or other authorized representative) will need to submit the waiver request.

Thank you for your ongoing work in support of educators, families, and infants, toddlers and children with disabilities during these extraordinary circumstances. If you have questions or need additional information regarding submission of your IDEA Part C waiver request, please contact us at IDEAwaiver@ed.gov. If you have general questions regarding COVID-19 and how the U.S. Department of Education can best support you, please contact COVID-19@ed.gov. I encourage you to continue to monitor information regarding COVID-19 from the Centers for Disease Control and Prevention and stay abreast of information and resources for schools and school personnel at http://www.ed.gov/coronavirus.

 

Attachment

cc: Part C Coordinators of SEA lead agencies

• Updated August 2020

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QUESTION:

Can grant funds be used to cover the cost of approved contracted services that were not performed by a contractor because of the COVID-19 pandemic?

ANSWER:

Yes, in some limited circumstances, grant funds may be used to cover the costs of contracted services that were cancelled or otherwise not performed due to the COVID-19 pandemic if the contractor was ready and able to perform such services at the time. In determining whether grant funds may be used, the grantee or subgrantee should follow the steps set forth below.

Check on alternative arrangements first: If the contracted services are necessary to carry out the Federal award, the Department encourages grantees and subgrantees to work with their third-party contractors to, first, devise alternative ways to provide those services (e.g., teleconferencing, training via webinars, and other virtual or remote strategies for service delivery) to carry out the intent and purpose of the contracts, to the greatest extent practicable. In so doing, the grantee or subgrantee should demonstrate its best efforts to ensure continuity of needed services under the Federal award during the pandemic. The provision of services through an alternative means may require modification of the contract in order to enable payment for the services rendered via alternative or virtual means. Any such modification of the contract should be negotiated so that the costs paid are reasonable and necessary.

Steps if services cannot be provided in an alternative manner: If the services cannot be provided in an alternative manner and funds were already paid to the contractor, as we also discussed, in the guidance on travel and conferences,¹ the grantee or subgrantee must first seek to recover refundable and nonrefundable costs from the relevant entity that was paid (i.e., the contractor). Some entities and businesses are offering flexibility regarding refunds, credits, and other remedies for losses due to the COVID-19 pandemic. Moreover, many agreements or contracts for conferences, training, or other activities related to a grant contain emergency or "act of God" or "force majeure" provisions, and the grantee and its subgrantees must seek to enforce such provisions to the maximum extent possible in light of the COVID-19 pandemic.

If a grantee or subgrantee is unable to recover funds paid, and the contractor was prevented from performing under the contract, but was ready and able to perform such services at the time, due to the grantee's or subgrantee's closure or other inability to accept the services, caused by the pandemic, the grantee or subgrantee should try to negotiate a reasonable compromise amount. However, if no compromise can be negotiated, the grantee or subgrantee may charge the appropriate grant for the costs of cancelling the contract, provided the contract costs were reasonable and incurred in order to carry out an allowable activity under the grant, consistent with the Federal cost principles described in 2 CFR Part 200 Subpart E of the Uniform Guidance (Federal cost principles).

If the grantee or subgrantee was ready and able to accept the contracted services, but the contractor could not provide the contracted services due to the pandemic, the grantee or subgrantee must not pay for the services because such costs would not satisfy the requirements of the Federal cost principles.

If there are State or local laws, regulations, or executive orders directly addressing a specific cost item or items during this emergency situation as affected by COVID-19, their effect on the grant will be reviewed on a case-by-case basis to determine allowability and allocability under the Federal cost principles.

Grantees and subgrantees should not assume additional funds will be available to cover any shortage in funds that may occur as a result of payments for services that were not provided and/or received. Grantees and subgrantees must maintain appropriate records and cost documentation as required by 2 CFR § 200.302 (financial management) and 2 CFR § 200.333 (retention requirements for records) to substantiate the charging of any cancellation or other fees related to interruption of operations or services.

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• ¹ See the fact sheet on travel and conferences at: https://www2.ed.gov/documents/coronavirus/factsheet-fiscal-questions.pdf.

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400 MARYLAND AVE., SW, WASHINGTON, DC 20202

The Department of Education's mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access.

• From: Corr, Greg
• Sent: Sunday, April 26, 2020 6:04 PM
• Subject: Submission Flexibility for FY 2020 IDEA Grant Applications

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Dear SEA Director and Part C Coordinator,

The Office of Special Education Programs (OSEP) appreciates your work in meeting the needs of infants, toddlers, students, and their families during the challenges imposed on your programs by the Covid-19 pandemic. We know you are operating under extremely stressful circumstances and we are continuously exploring ways in which we can alleviate some of that burden for you.

Many of you have contacted OSEP to share your challenges with submitting your IDEA grant application for FFY 2020. Specifically, you have discussed how the pandemic restrictions that exist within your States have hampered your ability to obtain wet signatures on your IDEA grant applications. In order to address these difficulties, OSEP is providing the following flexibilities for the FFY 2020 Grant Application process:

Submission Instructions:

OSEP will accept a pdf copy of your State's FFY 2020 IDEA grant application with an electronic signature. This "e signature" can be a two-factor authenticated signature or an image file of the signature of the lead agency director or their designee that has the authority to certify the assurances that are contained in the application.

The pdf copy of your State's FFY 2020 grant application must be submitted to one of the following OSEP application email addresses:

• Part B: OSERS.bapp@ed.gov
• Part C: OSERS.capp@ed.gov

Application Deadlines:

The application due dates for the grant applications are:

• Part C: Friday, May 1, 2020
• Part B: Friday, May 15, 2020

If you need additional time to complete your grant application due to the revised submission instructions for 2020, please contact Jennifer Simpson at Jennifer.simpson@ed.gov.

Hard Copy Grant Applications:

States will still be required to submit hard copy FFY 2020 IDEA grant applications to OSEP by mail. However, the due date for submission of those documents to OSEP is no later than August 1, 2020.

We look forward to the receipt of your grant application documents.

Gregg

• From: Corr, Greg
• Sent: Monday, April 27, 2020 9:39 AM
• Subject: Additional Instructions -Electronic Grant Submission

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SEA Directors and Part C Coordinators,

Sunday evening, I sent you an email that explained the flexibilities that are available to you for submission of your State's FFY 2020 IDEA Grant Applications (original message is included below). As you prepare to send your applications to OSEP, please follow these additional instructions:

1. Provide the phone number and email address of the State government official who signed the application so that OSEP can contact them and verify that they signed the document.
   • This information can be provided in the body of the email message that includes your grant application or can be included in a cover letter with your application.
2. Ensure that your submission is sent from an official State government email address.

If you have any questions, please contact Jennifer Simpson at Jennifer.simpson@ed.gov.

Thanks again,

Gregg

• From: VanderPloeg, Laurie
• Sent: Tuesday, March 24, 2020 4:20 PM
• Subject: State Systemic Improvement Plan

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Dear State Directors and Part C Coordinators:

In response to inquiries from multiple stakeholders and following deliberative conversations within the Department, OSEP would like to provide updates on upcoming timelines specific to the FFY 2018 SPP/APR, including the submission due date for the State Systemic Improvement Plan (SSIP). We have recently received questions regarding a possible extension of the due date for the SSIP (Indicators B-17 and C-11) and implications of the COVID-19 pandemic on the SPP/APR clarification period and OSEP's issuance of States' annual determinations.

Although OSEP recognizes the unique and challenging circumstances state offices are experiencing, we have decided to adhere to the April 1, 2020 due date for the SSIP. We acknowledge that there may be circumstances related to the COVID-19 crisis that impact a State's ability to meet the April 1st deadline and OSEP is prepared to address State-specific needs as they arise. If you are unable to submit the SSIP by April 1st, please contact OSEP at SPPAPR@ed.gov, and cc Leslie.Fox@ed.gov, prior to April 1st.

As States continue to weather the impact of COVID-19 on schools and early intervention programs, OSEP recognizes that timely information and clear expectations are critical for your planning and decision-making. As you know, the SPP/APR clarification period is scheduled from April 14 - April 28 for Part C, and April 16 - April 30 for Part B. If necessary, OSEP may adjust these dates based on emerging issues. However, at this time we continue to be committed to completing our reviews of States' SPP/APRs and issuing determinations in a timely manner.

Thank you for your on-going work to support infants, toddlers, children and youth with disabilities and their families under such challenging circumstances.

Sincerely,

• From: ACF Administration for Children and Families, U.S. Department of Health and Human Services
• Log Number: ACF-IM-HS-20-04
• Issuance Date: 06/22/2020
• Originating Office: Office of Head Start
• Key Words: Transportation Services; Vehicles; COVID-19 Pandemic

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Information Memorandum

To: All Head Start and Early Head Start Agencies and Delegate Agencies

Subject: Head Start Transportation Services and Vehicles During the COVID-19 Pandemic

Information:

School buses and allowable alternate vehicles are generally the safest mode of transportation for children. They are also necessary for many children and families to participate in Head Start programs. Implementing safe practices is essential when providing transportation services during the coronavirus disease 2019 (COVID-19) pandemic.

When making decisions about transporting children, programs should consult local health officials and other state and local authorities, to the extent feasible. These authorities can help assess the current level of mitigation needed based on levels of COVID-19 community transmission and the capacities of local public healthcare systems. Staff should take steps to ensure they mitigate the risk with respect to school buses and allowable alternate vehicles. The steps Head Start programs take to reduce risk should be the same whether the program is providing its own transportation or relying on contracted or school district-provided transportation.

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Support Transportation Staff Safety

• Strongly encourage staff members who are sick to stay home, particularly those who have tested positive or are showing COVID-19 symptoms. Sick staff members should not return to work until the criteria to discontinue home isolation are met, in consultation with healthcare providers and state and local health departments. Staff who have recently had close contact with a person with COVID-19 should also stay home and monitor their health. The U.S. Centers for Disease Control and Prevention (CDC) has recommendations sick people should follow.
• Send home staff experiencing symptoms during work hours.
• Assign vulnerable workers alternate duties that minimize their contact with children, families, and other employees, if possible.
• Make available and ensure the use of cloth face coverings per CDC recommendations. Vehicle operators should wear a cloth face covering only if it will not interfere with safe driving. Cloth face coverings should not be placed on children under age 2, anyone who has trouble breathing, or is unconscious, incapacitated, or otherwise unable to remove the mask without assistance.
• Make available and ensure the use of hand hygiene supplies per CDC recommendations. Key times to clean hands:
  • Before and after eating, preparing, or handling food and drinks
  • After using the toilet
  • After coming in contact with bodily fluid
  • After blowing your nose, coughing, or sneezing
  • After handling garbage
  Additional times to clean hands:
  • Before and after work shifts and breaks
  • After touching frequently touched surfaces, such as handrails
  • After putting on, touching, or removing cloth face coverings

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Use of Head Start Vehicles During Periods of Service Interruption

Based on public health guidance, programs may temporarily stop regular program operations, including center-based, family child care, and home-based services. During this time, to the extent possible, employees should continue to engage families and deliver critical services remotely. Programs should continue to provide children with supplies they would receive normally through the program, such as diapers, formula, snacks, meals, and learning supplies.

When programs use agency vehicles to transport food and supplies, they should:

• Minimize contact between vehicle operators and other staff, children, and families as they load and deliver supplies.
• Make available and ensure the use of cloth face coverings and hand hygiene supplies, as described above. Ensure staff maintain at least 6 feet (about two adult arms' length) between each other and families receiving supplies.

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Use of Head Start Vehicles to Provide Transportation Services for Children

For programs that are currently operating:

• Minimize contact between vehicle operators and other staff. If possible, stay at least 6 feet from other people.
• Make available and ensure the use of cloth face coverings and hand hygiene supplies as described above.
• Conduct a health check of all children and staff before they board the vehicle. Do not transport individuals with a fever of 100.4ºF (38ºC) or above or who show other signs of illness. Do not transport individuals who have been in close contact (within 6 feet) of someone who has tested positive for, or is showing symptoms of, COVID-19. Consider training and equipping bus monitors to use a non-contact thermometer.
• Position children as far apart as possible, preferably 6 feet apart, with one child per bench and no consecutive rows. If children are coming from the same home, they may sit together. If possible, ensure children sit 6 feet away from the vehicle operator.
• Reroute or stagger bus runs, as needed, to keep group size small and minimize potential exposure between children.
• If possible, keep class groups together on bus runs to minimize potential exposure between different groups of children.
• Use visible cues, such as stickers on the floors, to guide children and offer gentle prompts to help them understand the new protocols. Remember that young children do not understand the need for physical distancing. They rely on adults for their safety and care.
• Vehicle operators should avoid touching surfaces often touched by bus passengers, to the extent possible. Staff should use gloves if touching surfaces contaminated by body fluids.

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Fluctuating Service

Programs should check state and local health department notices daily about COVID-19 transmission and mitigation levels in the area and adjust operations accordingly. As community conditions continue to change, some programs may need to adjust their program operations and services.

Based on local data and guidance or directives, programs should be prepared to stagger routes, reduce bus runs, or end bus runs temporarily. Programs should engage staff and families when making changes to transportation policies.

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Clean Vehicles Between Each Use

Programs should clean and disinfect vehicles between each use pursuant to CDC's recommended process using products that are U.S. Environmental Protection Agency-approved for use against the virus that causes COVID-19. Be sure to thoroughly clean and disinfect commonly touched surfaces. Ensure safe and correct use of cleaning and disinfection products, including storing products securely away from children. Cleaning products should not be used near children. Staff should ensure there is adequate ventilation when using these products to prevent children or themselves from inhaling toxic vapors.

• For hard and non-porous surfaces inside the vehicle (e.g., hard seats, arm rests, door handles, light and air controls, doors, windows), clean with detergent or soap and water if the surfaces are visibly dirty, prior to disinfectant application.
• For seatbelts, and other child safety restraints, programs must employ methods and products that are effective on COVID-19 and safe for use with the restraint system, particularly seatbelt webbing. Chlorine- or ammonia-based solutions may cause deterioration of safety restraint components and cannot be used. For cleaning guidelines, consult the vehicle or restraint system manufacturer.
• For soft or porous surfaces (e.g., fabric seats), remove any visible contamination and clean with appropriate cleaners indicated for use on these surfaces.

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Refer to the CDC for additional information, particularly:

• Interim Guidance for Administrators of US K–12 Schools and Child Care Programs
• Guidance for Child Care Programs That Remain Open
• Child Care Decision Tool
• Reopening Guidance for Cleaning and Disinfecting Public Spaces, Workplaces, Businesses, Schools, and Homes
• What Bus Transit Operators Need to Know About COVID-19

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Please stay in touch with your program specialist as you plan and provide program services.

Thank you for your work on behalf of children and families.

Dr. Deborah Bergeron