Letter to the Honorable Betsy DeVos, Secretary of the Department of Education - Scott, Clyburn Request Answers on South Carolina's Misuse of CARES Act Education Funding

Letter

Dear Secretary DeVos:
We write regarding South Carolina's use of Governor Emergency Education Relief (GEER) funds1
to
develop a voucher scheme. This scheme appears to violate the plain text of the Coronavirus Aid, Relief,
and Economic Security Act (CARES Act)
2 as well as the Department's related guidance.
3
The South Carolina Governor's office has dedicated $32 million of its GEER funds to develop the Safe
Access to Flexible Education (SAFE) grants program. 4 To participate in the SAFE program, parents
apply for grants of up to $6,500 per student which South Carolina will award to a combination of the
first eligible applicants and those who win a lottery.
5 Once awarded, South Carolina will disburse these
GEER funds into parent-controlled accounts for tuition payments to private schools.
6 As the South
Carolina Governor explicitly stated in court: "The students and their families, not the schools, are the
direct beneficiaries of these funds."
7
The GEER fund is a flexible grant that allows each Governor who obtains an award to provide funds
towards one of three uses.
8 Governors may use these funds to provide grants to:
1) Local educational agencies (LEAs) that have been most significantly impacted by coronavirus;
2) Institutions of higher education (IHEs) that have been most significantly impacted by
coronavirus; and
3) Other IHEs, LEAs, or education related entities that the governor deems essential for carrying
outspecified emergency educational services to students.
The SAFE grant program does not award grants to LEAs, IHEs, or other education related entities;
rather, vouchers are awarded directly to parents.9 The Department's guidance clarifies that this is not an
allowable use of GEER funds. Specifically, it states:
"May the Governor use GEER funds to award scholarships, microgrants or financial aid
directly to students or teachers? No, not directly . . . A Governor is prohibited from awarding
GEER funds to individuals."10
Accordingly, we request that you review South Carolina's SAFE grants program to determine if it
complies with the relevant sections of the CARES Act.
11 Additionally, please provide all
communication between any representative of the South Carolina Governor's office and the Department
of Education related to the development, implementation, or legality of South Carolina's SAFE grant
program. Please provide these documents no later than October 16, 2020

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