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2023 SESSION
23105288DBe it enacted by the General Assembly of Virginia:
1. § 1. Any local school division that, as of [ March
July ] 1, 2023, has available and unspent or unobligated federal
ESSER formula funds exceeding 20 percent of its total awarded allocations shall
return unspent or unobligated ESSER or GEER state set-aside funds awarded to
the local school division by the Virginia Department of Education (the
Department) to the Department no later than [ March July
] 15, 2023, unless precluded by federal law or regulation. The Department
shall subsequently expend, including through awarding such funds to local
school divisions, any such returned ESSER or GEER state set-aside funds for
student instruction and remediation.
§ 2. Each local school division shall obtain the approval of the local school board for its federal ESSER III spending plan, shall update such spending plan at least once every six months, and shall publish such spending plan in an accessible format on a publicly available website.
[ 2. That an emergency exists and this act is in force
from its passage. ]