FinalizedNOFO.pdf

l U.S. Department of Labor on behalf of the U.S. Department of Education

Impact Aid Discretionary Construction Grant

Program

Assistance Listing Number: 84.041C

FY 2026 Grant Competition Posted September 8, 2026

Contents Program Information

Eligibility

Eligible Applicants

Costs

Submission Requirements and Deadlines

Program Description

Absolute Priority

Application Requirements

Program Requirements

Selection Criteria

Performance Measures

Application Submission Information

Application Review Information

Definitions

Award Requirements

Application Checklist

Program Information The Employment and Training Administration at the U.S. Department of Labor (DOL) is soliciting applications in support of the administration of the Impact Aid Discretionary Construction Grant Program on behalf of the U.S.

Department of Education (ED). The Impact Aid Discretionary Construction Grant Program provides grants to eligible Impact Aid Local Educational Agencies (LEAs) to assist in addressing their school facility emergency and modernization needs. This competition is limited to emergency grants that meet the absolute priority and other requirements in this notice. The competition uses existing statutory authority and appropriated funds to address urgent school facility needs in federally connected communities while promoting responsible stewardship of taxpayer dollars.

Eligible Impact Aid LEAs have a limited ability to raise local revenue for capital improvements because they have large areas of Federal land within their boundaries. As a result, these districts

1 According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless such collection displays a valid OMB control number. Public reporting burden for this collection of information is estimated to average 6 hours per response, including time for reviewing instructions, searching existing data sources, gathering, and maintaining the data needed, and completing and face difficulties in responding when their school facilities need emergency repairs.

ED recognizes that students, and the school districts that support them, need safe facilities in which to learn. School facility emergencies that are consistent with 34 CFR 222.172(a) and 222.173 may be proposed. Funded Impact Aid emergency repair grants will be used to repair, renovate, or alter a public elementary or secondary school facility to ensure the health, safety, and well-being of students and school personnel.

Assistance Listing Number: 84.041C.

Program Authority: 20 U.S.C. 7707(b).

OMB Control Number: 1810-0790.1

For Further Information: Jacqueline Bass,

(202) 987-1743, Jacqueline.Bass@ed.gov.

Type of Award: Discretionary grants.

Estimated Available Funds: $19,000,000.

Contingent upon the availability of funds and the quality of applications, we may make additional awards in subsequent years from the list of unfunded applications from this competition.

reviewing the collection of information. The obligation to respond to this collection is required to obtain or retain benefit and voluntary. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to ICDocketMgr@ed.gov and reference the OMB Control Number 1810-0790. Note: Please do not return completed applications to this address.

https://www.ecfr.gov/current/title-34/section-222.172#p-222.172(a) https://www.ecfr.gov/current/title-34/section-222.173 https://www.govinfo.gov/link/uscode/20/7707 mailto:ICDocketMgr@ed.gov

Estimated Range of Awards: $400,000 - $8,000,000.

Estimated Average Size of Awards:

$4,750,000

Estimated Number of Awards: 4.

Project Period: Up to 60 months. We will determine each project period based on the nature of the proposed project and the time needed to complete it. We will specify the project period in the award notice.

Application Deadline: November 10, 2026

Note: This application notice and instructions are the official document governing the grant competition. ED is not bound by any estimates in this notice.

Eligibility

Eligible Applicants An LEA is eligible to apply for an emergency grant if it—

(a) Is eligible to receive formula construction funds for the fiscal year under section 7007(a) of the Elementary and Secondary Education Act, as amended (Act) (20 U.S.C. 7707(a)) because it enrolls a high percentage (at least 50 percent) of federally connected children in average daily attendance who either reside on Indian lands or who have a parent on active duty in the U.S. uniformed services;

(b)

(1) Has no practical capacity to issue bonds (as defined in 34 CFR 222.176);

(2) Has minimal capacity to issue bonds (as defined in 34 CFR 222.176) and has used at least 75 percent of its bond limit; or

(3) Is eligible to receive funds for the fiscal year for heavily impacted districts under section 7003(b)(2) of the Act (20 U.S.C. 7703(b)(2)); and

(c) Has a school facility emergency that the Secretary2 has determined, consistent with 34 CFR 222.172(a) and 222.173, poses a health or safety hazard to students and school personnel.

2 The “Secretary” used here and elsewhere in this Application Notice and Instructions refers to the Secretary of Education.

https://www.govinfo.gov/link/uscode/20/7707 https://www.govinfo.gov/link/uscode/20/7707 https://www.ecfr.gov/current/title-34/section-222.176 https://www.ecfr.gov/current/title-34/section-222.176 https://www.govinfo.gov/link/uscode/20/7703 https://www.ecfr.gov/current/title-34/section-222.172#p-222.172(a) https://www.ecfr.gov/current/title-34/section-222.173

Applicants may submit only one application for one educational facility as provided by 34 CFR 222.183. If an applicant submits more than one application, ED will consider only the last submission, as determined by the Grants.gov system, unless an applicant contacts ED prior to the closing date to indicate a different submission should be the single submission considered for that entity.

Costs Cost Sharing or Matching

In reviewing proposed awards, ED considers the funds available to the grantee from other sources, including local, State, and other Federal funds. See 20 U.S.C. 7707(b)(5)(A)(iii) and 34 CFR 222.174 and 222.191 through 222.193. Consistent with 34 CFR 222.192, an applicant will be required to submit its most recently available audited financial reports for three consecutive fiscal years, showing closing balances for all school funds. If significant balances (as detailed in 34 CFR 222.192) are available at the close of the applicant's FY 2026, or its most recently audited year, that are not obligated for other purposes, those funds will be considered available for the proposed emergency repair project. Available balances may reduce the amount of funds that may be awarded or eliminate the applicant's eligibility for an emergency grant award under this competition.

Supplement-Not Supplant

This competition involves supplement-not-supplant funding requirements. As outlined in 34 CFR 222.174, grant funds under this competition may not be used to supplant or replace other available non-Federal construction money.

Indirect Cost Rate Information

Only direct costs are allowable for this program.

Administrative Cost Limitation

This program does not include any program-specific limitation on administrative expenses.

All administrative expenses must be reasonable and necessary and conform to 2 CFR part 200 subpart E of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements For Federal Awards.

Subgrantees

A grantee under this competition may not award subgrants to entities to directly carry out project activities described in its application.

https://www.ecfr.gov/current/title-34/section-222.183 https://www.ecfr.gov/current/title-34/section-222.183 https://www.govinfo.gov/link/uscode/20/7707 https://www.ecfr.gov/current/title-34/section-222.174 https://www.ecfr.gov/current/title-34/section-222.191 https://www.ecfr.gov/current/title-34/section-222.193 https://www.ecfr.gov/current/title-34/section-222.192 https://www.ecfr.gov/current/title-34/section-222.192 https://www.ecfr.gov/current/title-34/section-222.174 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-E https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-E

Funding Restrictions

Except for applicants with no practical capacity to issue bonds, as defined in 34 CFR 222.176, an eligible applicant's award amount may not be more than 50 percent of the total cost of an approved project and the total amount of grant funds may not exceed $4 million during any 4-year period. See 34 CFR 222.193. For example, an LEA that is awarded $4 million in the first year may not receive any additional funds for the following 3 years. Grant recipients must, in accordance with Federal, State, and local laws, use emergency grants for permissible construction activities at public elementary and secondary school facilities. The scope of the project for a selected facility will be identified as part of the final grant award conditions. A grantee must also ensure that its construction expenditures under this program meet the requirements of 34 CFR 222.172 (allowable program activities) and 34 CFR 222.173 (prohibited activities).

We reference additional regulations outlining funding restrictions in the Applicable Regulations section of this notice.

Build America, Buy America Act

This program is subject to the Build America, Buy America Act (Pub. L. 117-58) domestic sourcing requirements. Accordingly, under this program, grantees and their subrecipients (subgrantees) and contractors may not use their grant funds for infrastructure projects or activities (e.g., construction, remodeling, and broadband infrastructure) unless—

(a) All iron and steel used in the infrastructure project or activity are produced in the United States;

(b) All manufactured products used in the infrastructure project or activity are produced in the United States; and

(c) All construction materials are manufactured in the United States.

Grantees may request waivers to these requirements by submitting a Build America, Buy America Act Waiver Request Form. For more information, including a link to the Waiver Request Form, see ED’s Build America, Buy America website.

Submission Requirements and Deadlines

Applications Available September 8, 2026 Application Deadline November 10, 2026 Deadline for Intergovernmental Review January 11, 2027 [120 Days after publication

(60 days after the application deadline)] https://www.ecfr.gov/current/title-34/section-222.176 https://www.ecfr.gov/current/title-34/section-222.176 https://www.ecfr.gov/current/title-34/section-222.193 https://www.ecfr.gov/current/title-34/section-222.172 https://www.ecfr.gov/current/title-34/section-222.173 https://www.govinfo.gov/link/plaw/117/public/58 https://www2.ed.gov/policy/fund/guid/buy-america/index.html

Applicants are required to follow the 2025 Common Instructions for Applicants to Department of Education Discretionary Grant Programs, published in the Federal Register on August 29, 2025 (90 FR 42234) and available at ED 2025 Common Instructions.

Program Description

Absolute Priority This notice includes one absolute priority. The absolute priority is from section 7007(b)(2)(A) of the Act (20 U.S.C. 7707(b)), and the regulations for this program in 34 CFR 222.177.

Absolute Priorities: ED considers only applications that meet the absolute priority.

Priority Type Priority Title Required Priority Language Points Emergency Grant Repairs

Absolute Yes An LEA is eligible to be considered for an emergency grant under this priority if it—

(a) Is eligible to receive formula construction funds for the fiscal year under section 7007(a) of the Act (20 U.S.C. 7707(a));

(b)

(1) Has no practical capacity to issue bonds;

(2) Has minimal capacity to issue bonds and has used at least 75 percent of its bond limit; or

(3) Is eligible to receive funds for the fiscal year for heavily impacted districts under section 7003(b)(2) of the Act (20 U.S.C. 7707(b)(2)); and

(c) Has a school facility emergency that the Secretary has determined, consistent with 34 CFR 222.172(a) and 222.173, poses a health or safety hazard to students and school personnel.

Not applicable https://www.federalregister.gov/documents/2025/08/29/2025-16571/common-instructions-and-information-for-applicants-to-department-of-education-discretionary-grant https://www.govinfo.gov/link/uscode/20/7707 https://www.ecfr.gov/current/title-34/section-222.177 https://www.ecfr.gov/current/title-34/section-222.177 https://www.govinfo.gov/link/uscode/20/7707 https://www.govinfo.gov/link/uscode/20/7707 https://www.ecfr.gov/current/title-34/section-222.172#p-222.172(a) https://www.ecfr.gov/current/title-34/section-222.172#p-222.172(a) https://www.ecfr.gov/current/title-34/section-222.173

Application Requirements Signed Independent Emergency Certification: Per 34 CFR 222.185(c), applications that do not include a signed independent emergency certification on the application deadline are considered incomplete and will not be considered for funding.

Program Requirements For FY 2026 and any subsequent year in which we make awards from the list of unfunded applications from this competition, the following program requirements apply:

(a) An LEA may use emergency grant funds received under this program only to repair, renovate, alter, and, in the limited circumstances described in paragraph (c) of this section, replace a public elementary or secondary school facility used for free public education to ensure the health and safety of students and personnel, including providing accessibility for the disabled as part of a larger project.

(b)

(1) An emergency grant under this program may be used for the construction of a new school facility but only if the Secretary determines—

(i) That the LEA holds title to the existing facility for which funding is requested;

and

(ii) In consultation with the grantee, that partial or complete replacement of the facility would be less expensive or more cost-effective than improving the existing facility.

(2) When construction of a new school facility is permitted, emergency and modernization funds may be used only for a new school facility that is used for free public education. These funds may be used for the—

(i) Construction of instructional, resource, food service, and general or administrative support areas, so long as they are a part of the instructional facility; and

(ii) Purchase of initial equipment or machinery, and initial utility connections.

(c) The Secretary does not fund the following activities under a Discretionary Construction grant:

(1) Improvements to facilities for which the LEA does not have full title or other interest, such as a lease-hold interest.

https://www.ecfr.gov/current/title-34/part-222#p-222.185(c)

(2) Improvements to or repairs of school grounds, such as environmental remediation, traffic remediation, and landscaping, that do not directly involve instructional facilities.

(3) Repair, renovation, alteration, or construction for stadiums or other facilities that are primarily used for athletic contests, exhibitions, and other events for which admission is charged to the general public.

(4) Improvements to or repairs of teacher housing.

(5) Except in the limited circumstances as provided in 34 CFR 222.172, when new construction is permissible, acquisition of any interest in real property.

(6) Maintenance costs associated with any of an LEA's school facilities.

These requirements are from 34 CFR 222.172 and 34 CFR 222.173.

Selection Criteria Selection criteria outline how the application will be scored. The maximum possible score an application can receive for addressing the selection criteria is 100 points. The maximum possible score for addressing each criterion is indicated in parentheses following the criterion. The selection criteria for this competition are from the applicable statutory and regulatory provisions as indicated after each criterion. A scoring rubric for the first and second criteria will be provided as a suggested guideline to assist peer reviewers during the application review process. The rubric is attached as Appendix 1 for reference.

(a) Severity of the school facility problem to be addressed by the proposed project (34 CFR 222.189(a)(1)) (Up to 30 points). In determining the severity of the school facility problem to be addressed by the proposed project, the Secretary considers:

(i) Justification that the proposed emergency project will address a deficiency that poses a health or safety hazard to occupants of the facility, and consistency of the emergency description and the proposed project with the certifying local official's statement (34 CFR 222.185(a) and (c)) (Up to 15 points).

(ii) Impact of the emergency condition on the health and safety of the building occupants and how free public education program delivery in the instructional school facility is adversely affected (34 CFR 222.172, 222.173, 222.176, and 222.185(b)). Applicants should describe: the systems or areas of the facility involved ( e.g., HVAC, roof, floor, windows; the type of space affected, such as instructional, resource, food service, recreational, general support, or other areas);

the percentage of building occupants affected by the emergency; and the https://www.ecfr.gov/current/title-34/subtitle-B/chapter-II/part-222/subpart-L/subject-group-ECFR7e3d602ecbdd01c/section-222.172 https://www.ecfr.gov/current/title-34/subtitle-B/chapter-II/part-222/subpart-L/subject-group-ECFR7e3d602ecbdd01c/section-222.172 https://www.ecfr.gov/current/title-34/subtitle-B/chapter-II/part-222/subpart-L/subject-group-ECFR7e3d602ecbdd01c/section-222.173 https://www.ecfr.gov/current/title-34/section-222.189#p-222.189(a)(1) https://www.ecfr.gov/current/title-34/section-222.189#p-222.189(a)(1) https://www.ecfr.gov/current/title-34/section-222.185#p-222.185(a) https://www.ecfr.gov/current/title-34/section-222.185#p-222.185(c) https://www.ecfr.gov/current/title-34/section-222.172 https://www.ecfr.gov/current/title-34/section-222.173 https://www.ecfr.gov/current/title-34/section-222.176 https://www.ecfr.gov/current/title-34/section-222.185#p-222.185(b) importance of the facility or affected area to the instructional program (Up to 15 points).

(b) Project urgency (Up to 28 points). In determining project urgency, the Secretary considers:

(i) Risk to occupants if the facility condition is not addressed (34 CFR 222.176, definition of “emergency”). Applicants should describe: projected increased future costs; the anticipated effect of the proposed project on the useful life of the facility or the need for major construction; and the age and condition of the facility and date of last renovation of affected areas (Up to 14 points).

(ii) The justification for rebuilding, if proposed (34 CFR 222.172(c)) (Up to 14 points).

(c) Effects of Federal presence (section 7007(b)(4)(B) and (C) of the Act and 34 CFR 222.184(b)) (Up to 30 points). In determining the effects of Federal presence, the Secretary considers:

(i) Amount of non-taxable Federal property in the applicant LEA (percentage of Federal property divided by 10) (Up to 10 points).

(ii) The number of federally connected children identified in section 7003(a)(1)(A), (B), (C), and (D) of the Act in the LEA (percentage of identified children in LEA divided by

10) (Up to 10 points).

(iii) The number of federally connected children identified in section 7003(a)(1)(A), (B), (C), and (D) of the Act in the school facility (percentage of identified children in school facility divided by 10) (Up to 10 points).

(d) Ability to respond or pay (section 7007(b)(4)(A) of the Act) (Up to 12 points). In determining the ability to respond or pay, the Secretary considers:

(i) The percentage of its bonding capacity used by the LEA. Four points will be distributed based on this percentage, such that: 4 points will be given to an LEA that has used 75 percent or more of its bonding capacity; 3 points will be given to an LEA that has used 50 percent to 74 percent of its bonding capacity; 2 points will be given to an LEA that has used 25 percent to 49 percent of its bonding capacity; and 1 point will be given to an LEA that has used less than 25 percent of its bond limit. LEAs that do not have limits on bonded indebtedness established by their States will be evaluated by assuming that their bond limit is 10 percent of the assessed value of real property in the LEA. LEAs deemed to have no practical capacity to issue bonds will receive all 4 points (Up to 4 points).

https://www.ecfr.gov/current/title-34/section-222.176 https://www.ecfr.gov/current/title-34/section-222.172#p-222.172(c) https://www.ecfr.gov/current/title-34/section-222.184#p-222.184(b) https://www.ecfr.gov/current/title-34/section-222.184#p-222.184(b)

(ii) Assessed value of real property per student (applicant LEA's total assessed valuation of real property per pupil as a percentile ranking of all LEAs in the State).

Points will be distributed by providing all 4 points to LEAs in the State's poorest quartile and only 1 point to LEAs in the State's wealthiest quartile (Up to 4 points).

(iii) Total tax rate for capital or school purposes (applicant LEA's tax rate for capital or school purposes as a percentile ranking of all LEAs in the State). If the State authorizes a tax rate for capital expenditures, then these data must be used;

otherwise, data on the total tax rate for school purposes are used. Points will be distributed by providing all 4 points to LEAs in the State's highest-taxing quartile and only 1 point to LEAs in the State's lowest-taxing quartile (Up to 4 points).

Performance Measures

For the purposes of ED reporting under 34 CFR 75.110, ED has established a performance measure.

Program Measure Description Program Performance Measure An increasing percentage of LEAs receiving Impact

Aid Construction funds will report that the overall condition of their school buildings is adequate year over year. Data for this measure will be reported to ED on the application for Impact Aid Section 7003 Basic Support Payments.

Application Submission Information Pre-Application Video

ED will provide an instructional video for prospective applicants. For information about the pre-application video, visit the Impact Aid website.

Registration

To apply, you must first be registered in two systems: SAM.gov and Grants.gov. If you are already registered, make sure your registration is active and up to date.

Grants.gov registration involves several steps, including registration on SAM.gov which may take approximately one week to complete, but could take upwards of several weeks to complete, depending upon the completeness and accuracy of the data entered into the SAM database by an applicant. You may begin working on your application while completing the registration process, but you cannot apply until all registration steps are complete. Once your SAM registration is active, it will take 24-48 hours for the information https://www.ecfr.gov/current/title-34/section-75.110 https://impactaid.ed.gov/ http://www.sam.gov/ https://grants.gov/ http://www.sam.gov/ to become available in Grants.gov. For detailed information on the registration steps, please go to Grants.gov Applicant Registration.

Please note that your organization will need to update its SAM registration annually.

ED strongly recommends that you do not wait until the last day to submit your application.

Grants.gov will put a date/time stamp on your application and then process it after it is fully uploaded. If Grants.gov rejects your application, you will need to resubmit successfully to Grants.gov before 11:59:59 p.m. Eastern Time on the deadline date.

You must provide the Unique-Entity ID (UEI) on your application that was used when you registered as an Authorized Organization Representative (AOR) on Grants.gov. This UEI is assigned to your organization in SAM at the time your organization registers in SAM. If you do not enter the UEI assigned by SAM on your application, Grants.gov will reject your application.

A Grants.gov applicant must apply online using Workspace, a shared environment in Grants.gov where members of a grant team may simultaneously access and edit different web forms within an application. The Grants.gov website contains further instructions on how to apply.

Intergovernmental Review

This is subject to Executive Order 12372 (Intergovernmental Review of Federal Programs) and the regulations in 34 CFR Part 79. One of the objectives of Executive Order 12372 is to

Grants.gov

You must also have an active account with Grants.gov.

To register, go to Grants.gov and click “Register.” When ready, click on “Get Registered Now” and complete the required fields.

For more information or assistance, click on “Applicant Registration Page.”

SAM.gov

You must have an active account with SAM.gov. This includes having a Unique Entity Identifier. SAM.gov registration can take several weeks. Begin that process early.

To register, go to SAM.gov and click on "Get Started."

Click on the Entity Registration Checklist for the information you will need to register in SAM.gov.

If you need help, you can call 866-606-8220 or live chat with the Federal Service Desk.

https://www.grants.gov/applicants/applicant-registration https://www.grants.gov/applicants/grant-applications/how-to-apply-for-grants https://www.grants.gov/applicants/grant-applications/how-to-apply-for-grants https://grants.gov/ https://grants.gov/register https://apply07.grants.gov/apply/register.faces?INITIAL_LOAD=true https://apply07.grants.gov/apply/register.faces?INITIAL_LOAD=true https://grants.gov/applicants/applicant-registration https://sam.gov/ https://sam.gov/entity-registration https://sam.gov/sites/default/files/2024-11/entity-checklist.pdf https://www.fsd.gov/gsafsd_sp strengthen federalism – or the distribution of responsibility between localities, States, and the Federal government – by fostering intergovernmental partnerships. This idea includes supporting processes that State or local governments have developed to coordinate, and review proposed Federal financial grant applications. Grant applicants need to contact State Single Points of Contact (SPOC) for information on their State’s procedures. Multi- State applicants should follow procedures specific to each state. Further information about the SPOC List and the official list of entities can be found online.

Absent specific State review programs, applicants may submit comments directly to the point of contact listed in this notice.

Verify Submission

Verify that Grants.gov received your application submission on time and that it was validated successfully. To see the date/time your application was received, log in to Grants.gov and click on the Track My Application link. For a successful submission, the date/time received should be earlier than 11:59:59 p.m. Eastern Time, on the deadline date, and the application status should be: Validated, Received by Agency, or Agency Tracking Number Assigned.

If the date/time received is later than 11:59:59 p.m. Eastern Time on the deadline date, your application is late. If your application has a status of “Received,” it is still awaiting validation by Grants.gov. Once validation is complete, the status will either change to “Validated” or “Rejected with Errors.” If the status is “Rejected with Errors,” your application has not been received successfully. Some of the reasons Grants.gov may reject an application can be found on the Encountering Error Messages webpage at Grants.gov.

For more detailed information on troubleshooting Adobe errors, you can review the Adobe Reader Software Tip Sheet. If you discover your application is late or has been rejected, please see the instructions below. Note: You will receive a series of confirmations both online and via e-mail about the status of your application. Please do not rely solely on e-mail to confirm whether your application has been received timely and validated successfully.

Helpful Hints When Working with Grants.gov

Please go to the Grants.gov Support Center for help with Grants.gov. For additional tips related to submitting grant applications, please refer to the Grants.gov Applicant FAQs as well as additional information on Workspace.

https://www.ojp.gov/IntergovernmentalReviewSPOCList.pdf https://www.grants.gov/applicants/encountering-error-messages https://www.grants.gov/applicants/adobe-software-compatibility https://www.grants.gov/applicants/adobe-software-compatibility https://www.grants.gov/support https://www.grants.gov/applicants/applicant-faqs https://www.grants.gov/applicants/workspace-overview

Submission Problems – What should you do?

If you have problems submitting to Grants.gov before the closing date, please contact Grants.gov Customer Support at 1-800-518-4726 or via email at: support@grants.gov. You may also access the Grants.gov Self- Service Knowledge Base web portal.

Application Review Information Review and Selection Process: We remind potential applicants that in reviewing applications in any discretionary grant competition, ED may consider, under 34 CFR 75.217, information outside the rank order of applications, including the information in each application; and any other information—

(a) Relevant to a criterion, priority, or other requirement that applies to the selection of applications for new grants;

(b) Concerning the applicant's performance and use of funds under a previous award under any ED program; and

(c) Concerning the applicant's failure under any ED program to submit a performance report or its submission of a performance report of unacceptable quality.

Before making awards, ED staff will screen applications submitted in accordance with the requirements in this notice to determine whether applications have met eligibility and other requirements, including whether an application may fail to meet the “Terms and Conditions” applicable to awarded funds referenced elsewhere within this notice.

The screening process may occur at various stages of the review and selection process.

Applicants that are determined to be ineligible will not receive a grant, regardless of whether the application was included in the peer review process. Applications not selected for funding will be informed of ED’s decision in accordance with 34 CFR 75.218.

In addition, in making a competitive grant award, ED requires various assurances including those applicable to Federal civil rights laws that prohibit discrimination in programs or activities receiving Federal financial assistance from ED (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).

Per 34 CFR 222.190(b), ED may consider as tie-breaking factors: the severity of the emergency; the numbers of federally connected children who will benefit from the project;

the Assessed Value Per Pupil compared to the LEA's State average; and available resources or non-Federal funds available for the grant project.

mailto:support@grants.gov https://grants-portal.psc.gov/Welcome.aspx?pt=Grants https://www.ecfr.gov/current/title-34/section-75.217#p-75.217(d)(3) https://www.ecfr.gov/current/title-34/section-75.217#p-75.217(d)(3) https://www.ecfr.gov/current/title-34/section-75.218 https://www.ecfr.gov/current/title-34/section-100.4 https://www.ecfr.gov/current/title-34/section-104.5 https://www.ecfr.gov/current/title-34/section-106.4 https://www.ecfr.gov/current/title-34/section-108.8 https://www.ecfr.gov/current/title-34/section-110.23 https://www.ecfr.gov/current/title-34/part-222#p-222.190(b)

Program staff will calculate the scores for each application under selection criteria (c) and (d). Panel reviewers will assess the applications under selection criteria (a) and (b).

Applications will be ranked based on the total number of points received during the review process. Those with the highest scores will be at the top of the funding slate.

Definitions Defined Term Source Definition Act 34 CFR 222.2 Means title VII of the Elementary and Secondary

Education Act of 1965, as amended.

Bond limit 34 CFR 222.176 Means the cap or limit that a State may impose on an LEA's capacity for bonded indebtedness. For applicants in States that place no limit on an LEA's capacity for bonded indebtedness, the Secretary shall consider the LEA's bond limit to be 10 percent of its total assessed valuation.

Construction

34 CFR 222.176 Means

(1) Preparing drawings and specifications for school facilities;

(2) Repairing, renovating, or altering school facilities;

(3) Erecting or building school facilities, but only if the Secretary determines—

(i) That the LEA holds title to the existing facility for which funding is requested; and

(ii) In consultation with the grantee, that partial or complete replacement of the facility would be less expensive or more cost-effective than improving the existing facility.

(iii) The project includes instructional, resource, food service, and general or administrative support areas, so long as they are a part of the instructional facility;

and purchase of initial equipment or machinery, and initial utility connections.

(4) Inspections or supervision related to school facilities projects.

Emergency 34 CFR 222.176 Means a school facility condition that is so injurious or hazardous that it either poses an immediate https://www.ecfr.gov/current/title-34/part-222/section-222.2#p-222.2(Act) https://www.ecfr.gov/current/title-34/part-222#p-222.176(a)(Bond%20limit) https://www.ecfr.gov/current/title-34/part-222#p-222.176(a)(Construction) https://www.ecfr.gov/current/title-34/part-222#p-222.176(a)(Emergency) threat to the health and safety of the facility's students and staff or can be reasonably expected to pose such a threat in the near future. These conditions can include deficiencies in the following building features: a roof; electrical wiring; a plumbing or sewage system; heating, ventilation, or air conditioning; the need to bring a school facility into compliance with fire and safety codes, or providing accessibility for the disabled as part of a larger project.

Federally connected children

34 CFR 222.2 Means children described in section 7003 or section 7010(c)(2) of the Act.

Indian Lands 20 USC 7713 (7) Means real property that is not subject to taxation by any State or any political subdivision of a State due to Federal agreement, law, or policy, and that is—

(1) held in trust by the United States for individual

Indians or Indian tribes;

(2) held by individual Indians or Indian tribes subject to restrictions on alienation imposed by the United States;

(3) conveyed at any time under the Alaska Native Claims Settlement Act to a Native individual, Native group, or village or regional corporation (including single family occupancy properties that may have been subsequently sold or leased to a third party), except that property that is conveyed under such Act that is not taxed is, for the purposes of this paragraph, considered tax-exempt due to Federal law; and is considered Federal property for the purpose of this paragraph if the property is located within a Regional Educational Attendance Area that has no taxing power;

(4) public land owned by the United States that is designated for the sole use and benefit of individual Indians or Indian tribes; or

(5) Used for low-rent housing that is located on land described above or on land that met one of those descriptions immediately before such property’s use for such housing;

https://www.ecfr.gov/current/title-34/part-222/section-222.2#p-222.2(Federally%20connected%20children) https://uscode.house.gov/view.xhtml?req=(title:20%20section:7713%20edition:prelim)

(6) Any real property located in the State of Oklahoma that—

(a) Is owned by an Indian housing authority and used for low-income housing (including housing assisted under or authorized by the Native American Housing Assistance and Self-Determination Act of 1996); and

(b) At any time was designated by treaty as tribal land; or satisfied the definition of Federal property under section 403(1)(A) of the Act of September 30, 1950 (Public Law 874, 81st Congress) (as such Act was in effect on the day preceding the date of enactment of the Improving America’s Schools Act of 1994).

Level of bonded indebtedness

34 CFR 222.176 Means the amount of long-term debt issued by an LEA divided by the LEA's bonding capacity.

Local Educational Agency (LEA)

20 USC 7713 (9) Means

(1) A board of education or other legally constituted local school authority having administrative control and direction of free public education in a county, township, independent school district, or other school district; and

(2) Includes any State agency that directly operates and maintains facilities for providing free public education.

Minimal capacity to issue bonds

34 CFR 222.176 Means that the total assessed value of real property in an LEA that may be taxed for school purposes is at least $25,000,000 but not more than $50,000,000.

Modernization 34 CFR 222.176 Means the repair, renovation, alteration, or extension of a public elementary or secondary school facility in order to support a contemporary educational program for an LEA's students in normal capacity, and in accordance with the laws, standards, or common practices in the LEA's State.

No practical capacity to issue bonds

34 CFR 222.176 Means that the total assessed value of real property in an LEA that may be taxed for school purposes is less than $25,000,000.

Real property 34 CFR 222.2 (1) means—

(i) Land; and https://www.ecfr.gov/current/title-34/part-222#p-222.176(a)(Level%20of%20bonded%20indebtedness) https://uscode.house.gov/view.xhtml?req=(title:20%20section:7713%20edition:prelim) https://www.ecfr.gov/current/title-34/part-222#p-222.176(a)(Minimal%20capacity%20to%20issue%20bonds) https://www.ecfr.gov/current/title-34/part-222#p-222.176(a)(Modernization) https://www.ecfr.gov/current/title-34/part-222#p-222.176(a)(No%20practical%20capacity%20to%20issue%20bonds) https://www.ecfr.gov/current/title-34/part-222/section-222.2#p-222.2(Real%20property)

(ii) Improvements (such as buildings and appurtenances to those buildings, railroad lines, utility lines, pipelines, and other permanent fixtures), except as provided in paragraph (2).

(2) The term does not include—

(i) Improvements that are classified as personal property under State law; or

(ii) Equipment and movable machinery, such as motor vehicles, movable house trailers, farm machinery, rolling railroad stock, and floating dry docks, unless that equipment or movable machinery is classified as real property or subject to local real property taxation under State law.

School facility 34 CFR 222.176 Means a building used to provide free public education, including instructional, resource, food service, and general or administrative support areas, so long as they are a part of the facility.

Total assessed value per student

34 CFR 222.176 Means the assessed valuation of real property per pupil, unless otherwise defined by an LEA's State.

Uniformed services

20 USC

7703(a)(1)(B) and

37 USC 101(3)

Means the United States Army, Navy, Air Force, Marine Corps, Space Force, Coast Guard, National Oceanic and Atmospheric Administration, and Public Health Service.

Award Requirements Terms and Conditions

If you are awarded a grant under this competition, you must ensure and may be required to demonstrate that federal funds will not be used under this project in any manner that violates the United States Constitution, Title VI or Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq. or 42 U.S.C. 2000e et seq.), Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act (29 U.S.C. 794), the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), Title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.), the Boy Scouts of America Equal Access Act of 2001 (20 U.S.C. 7905), section 117 of the Higher Education Act of 1965, as amended (20 U.S.C. 1011f), or other applicable federal law.

https://www.ecfr.gov/current/title-34/part-222#p-222.176(a)(School%20facility) https://www.ecfr.gov/current/title-34/part-222#p-222.176(a)(Total%20assessed%20value%20per%20student) https://uscode.house.gov/view.xhtml?hl=false&edition=prelim&req=granuleid%3AUSC-prelim-title20-section7703&num=0&saved=%7CKHRpdGxlOjIwIHNlY3Rpb246NzcwNyBlZGl0aW9uOnByZWxpbSk%3D%7C%7C%7C0%7Cfalse%7Cprelim https://uscode.house.gov/view.xhtml?hl=false&edition=prelim&req=granuleid%3AUSC-prelim-title20-section7703&num=0&saved=%7CKHRpdGxlOjIwIHNlY3Rpb246NzcwNyBlZGl0aW9uOnByZWxpbSk%3D%7C%7C%7C0%7Cfalse%7Cprelim https://uscode.house.gov/view.xhtml?req=(title:37%20section:101%20edition:prelim) https://www.govinfo.gov/link/uscode/42/2000d https://www.govinfo.gov/link/uscode/42/2000d https://www.govinfo.gov/link/uscode/42/2000e https://www.govinfo.gov/link/uscode/20/1681 https://www.govinfo.gov/link/uscode/29/794 https://www.govinfo.gov/link/uscode/42/6101 https://www.govinfo.gov/link/uscode/42/12131 https://www.govinfo.gov/link/uscode/20/7905 https://www.govinfo.gov/link/uscode/20/1011f

Please note the provisions of Executive Orders 14151, 14168, 14173, and 14190 as well as the U.S. Department of Justice’s July 29, 2025, non-regulatory “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination,” which clarifies the application of federal antidiscrimination laws to programs or initiatives that may involve discriminatory practices, including those labeled as Diversity, Equity, and Inclusion (“DEI”) programs.

Such activities may risk violating federal civil rights laws and may jeopardize federal funding. This includes any discriminatory equity ideology in violation of a Federal anti-discrimination law. A definition of “discriminatory equity ideology” is contained in Section 2(b) of Executive Order 14190. To the extent that any entity receiving grant funds under this grant uses those grant funds for such unallowable activities, ED reserves the right to take appropriate enforcement actions, including the recovery of grant funds or may pursue termination or non-continuation. The award notice document accompanying your award may contain further terms and conditions, as necessary, to ensure grantee compliance with applicable laws, regulations, and administrative priorities.

Applicable Regulations

(a) The Education Department General Administrative Regulations in 34 CFR parts 75 (except for 34 CFR 75.600 through 75.617), 77, 79, 81, 82, 84, 86, 97, 98, and 99. (b) The Office of Management and Budget (OMB) Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in 2 CFR part 180, as adopted and amended as regulations of ED in 2 CFR part 3485. (c) The Uniform Administrative Requirements, Cost Principles, and Audit Requirements For Federal Awards in 2 CFR part 200, as adopted and amended as regulations of ED in 2 CFR part 3474. (d) The regulations for this program in 34 CFR part 222.

Note: The regulations in 34 CFR part 79 apply to all applicants except federally recognized Indian Tribes.

Feasibility Study

For applicants that request funding for new construction and that are selected for funding, the Department will require a feasibility of construction study. This independent third-party study must demonstrate that the chosen construction site is viable and the infrastructure will be able to sustain the new facility or addition.

https://www.justice.gov/ag/media/1409486/dl https://www.justice.gov/ag/media/1409486/dl https://www.ecfr.gov/current/title-2/part-200 https://www.ecfr.gov/current/title-2/part-200 https://www.ecfr.gov/current/title-34/part-222

Application Checklist The application will require you to fill out several forms, which are listed and linked in Grants.gov. See below for a description of forms and sections:

1. Standard Documents

Application for Federal Assistance (SF-424)

ED Supplemental Information for SF-424

Assurances for Construction Programs (SF-424D)

2. Other Attachment Forms

Application – download from the Impact Aid website (fillable PDF file)

Annual Financial Reports (AFRs)

Part 1: Standard Documents

❑ Application for Federal Assistance (SF-424)

❑ ED Supplemental Information for SF-424

These forms require basic identifying information about the applicant and the application.

Please provide all requested applicant information (including name, address, e-mail address and UEI). When applying electronically via Grants.gov, you will need to ensure that the UEI on your application is the same as the UEI your organization used when it registered with the System for Award Management.

Applicants are advised to complete the Application for Federal Assistance (Form SF-424) first. Grants.gov will automatically insert the correct Assistance Listing Number and program name automatically wherever needed on other forms.

Please do not attach any narratives, supporting files, or application components to the Standard Form (SF-424). Although this form accepts attachments, ED will only review materials/files attached in accordance with the instructions provided within this application.

❑ Assurances for Construction Programs (SF-424D) https://impactaid.ed.gov/wp-content/uploads/2026/09/Fillable-Impact-Aid-Discretionary-Construction-Application-FY-2026.pdf

Part 2: Other Attachment Forms

Attach the following documents to the Other Attachments. You may provide all of the required information in a single document, or in multiple documents.

Ensure that you only attach the approved file types detailed in the 2025 Common Instructions.

❑ Application – download from Impact Aid website (fillable PDF file)

Instructions for completing the Application

• The application has seven sections (1-7). Please use the information below to complete each section.

Section One: Local Educational Agency (LEA) Information

• Local Educational Agency - Enter the LEA’s name.

• Acreage in LEA – Enter the total acres of land within the boundaries of the LEA. Then enter the total acres of nontaxable Federal property within the boundaries of the LEA. Applicants may include Federal property that is not eligible for payments under section 7002 in the second figure. Your local tax assessor should be able to give you the data for this question.

• Assessed Value – For each taxing jurisdiction within the LEA, enter the total assessed value of the real property (land and improvements) in the LEA that was taxed for school purposes for school year 2025-2026. Most LEAs have a single taxing district and may use just one line on this form to enter their data. Some LEAs have multiple jurisdictions such as townships or counties and must use multiple lines on this form. Your local tax assessor should be able to give you the data for this question.

• Bonded Indebtedness – Enter the maximum bonding capacity of the LEA. Enter the amount of bonded debt owed by the LEA. Both these amounts must be as of the end of the LEA’s 2025-2026 school year.

• If the State does not have limitations on the amount your LEA can bond, your Maximum Bonding Capacity is 10% of the Total Assessed Value Grand Total in the Assessed Value Table immediately above.

• If the Total Assessed Value Grand Total in the table above is less than $25,000,000, enter $0 for both.

https://www.federalregister.gov/documents/2025/08/29/2025-16571/common-instructions-and-information-for-applicants-to-department-of-education-discretionary-grant https://www.federalregister.gov/documents/2025/08/29/2025-16571/common-instructions-and-information-for-applicants-to-department-of-education-discretionary-grant https://impactaid.ed.gov/wp-content/uploads/2026/09/Fillable-Impact-Aid-Discretionary-Construction-Application-FY-2026.pdf

Section Two: School Facility for Which Funding is Requested

• Name of School Facility – Enter the name of the school facility and current address for which funding is requested.

• Approximate Square Feet of New Construction - Enter the approximate square footage of the new building or addition if the application is for new construction.

Enter zero if the project does not propose a new building or new addition. Also enter the address or other location information for the proposed new building, if it is different from the school’s current location. Enter N/A if this question does not apply.

• Proposed Start and End Date -- Enter the proposed date that the LEA will begin the project, and the date by which it will be finished.

• Interest in the Current School Facility – Check Own, Lease, or Other. If you check Lease, enter the expiration date of the lease. If you check Other, provide additional information describing the arrangement for use of the building.

• History of Current School Facility – Enter the year the facility was built. If this building has had major renovations or additions since the original construction, enter the year and describe the nature of the renovation (e.g., replacement of roof, replacement of heating, ventilation and air conditioning system, construction of additional classrooms).

• Percentage of Federally Connected Children in the School Facility – Enter the total enrollment in the school facility on the School Year 2024-2025 for fiscal year 2026 application (submitted January 2025) for section 7003.

• Federally Connected Children – If your LEA has more than one school facility, enter the number of children with a parent in the Uniformed Services and the number of children who lived on Indian land attending the school facility for the construction project, as of the survey date reported on the LEA’s fiscal year 2026 application for section 7003 (submitted January 2025). This count will be different from the count submitted on the FY 2026 application only if your school district has more than one school facility.

Section Three: Application Narrative

• Respond to each question individually in the space provided on the form. If the form does not have enough space to give adequate information, you may upload a narrative that addresses all questions in a separate PDF file.

Section Four: Justification for Rebuilding (if applicable)

• An applicant that believes that…