• The governor of each state will have until February 8, 2021 to apply for that state’s share of the funds.

• Each state’s State Educational Agency (SEA) will administer the program.

• Each state’s allotment is determined by the number of children at or below 185% of poverty attending private schools in that state.

• As far as the allotment individual private schools will receive, the law says that each SEA “shall prioritize services or assistance to non-public schools that enroll low-income students and are most impacted by the qualifying emergency.” This gives SEAs considerable room for interpretation.

• The law requires SEAs to make a good faith effort to quickly process private schools’ applications and to provide the assistance.

• The law spells out the variety of ways the funds can be used. Scroll down to see the entire list.

• Crucially, the bill is written such that a public agency will maintain control of funds in much the same way as occurs with existing equitable services programs. This should, in theory, insulate private schools from becoming recipients of federal financial assistance

• The bill also allows schools to be reimbursed for certain past expenses. Depending on what is being reimbursed, such reimbursements could constitute federal financial assistance.

• Also, of great importance: private schools will not be allowed to accept aid both under this program and the new round of the Paycheck Protection Program (PPP) that the bill authorizes. Private schools will have to choose one or the other. Schools that received a PPP loan prior to December 27, 2020 will still be eligible.

Next Steps…

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