U.S. Department of Education Fact Sheet — Elementary and Secondary School Emergency Relief Fund (ARP ESSER)
Summary
A U.S. Department of Education fact sheet on the American Rescue Plan Elementary and Secondary School Emergency Relief (ARP ESSER) Fund under the American Rescue Plan Act of 2021, Public Law 117-2, enacted on March 11, 2021. It states that ARP ESSER provides nearly $122 billion to States and school districts, and that a State must subgrant not less than 90 percent of its allocation to local educational agencies on the basis of their Title I, Part A shares. Each local educational agency must reserve at least 20 percent of its funds to address learning loss, and must post a plan for the safe return to in-person instruction within 30 days of receiving the funds. The Department must reserve $800 million for homeless children and youth. A closing table compares ARP ESSER with the ESSER Fund under the CARES Act and the ESSER II Fund under the CRRSA Act.
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“U.S. Department of Education Fact Sheet — Elementary and Secondary School Emergency Relief Fund (ARP ESSER).”
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U.S. DEPARTMENT OF EDUCATION FACT SHEET
American Rescue Plan Act of 2021
ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF FUND (ARP ESSER)
This document outlines the American Rescue Plan Elementary and Secondary School Emergency Relief (ARP
ESSER) Fund under the American Rescue Plan (ARP) Act of 2021, Public Law 117-2, enacted on March 11, 2021.
ARP ESSER provides a total of nearly $122 billion to States and school districts to help safely reopen and sustain
the safe operation of schools and address the impact of the coronavirus pandemic on the nation’s students. In
addition to ARP ESSER, the ARP Act includes $3 billion for special education, $850 million for the Outlying Areas,
$2.75 billion to support non-public schools, and additional funding for homeless children and youth, Tribal
educational agencies, Native Hawaiians, and Alaska Natives.
To address the immediate needs of schools and districts, the U.S. Department of Education (Department) will
begin making ARP ESSER funds available to States this month.
ARP ESSER OVERVIEW
State Allocation of ARP ESSER Funds
• A State must subgrant not less than 90 percent of its total ARP ESSER allocation to local educational
agencies (LEAs) (including charter schools that are LEAs) in the State to help meet a wide range of needs
arising from the coronavirus pandemic, including reopening schools safely, sustaining their safe
operation, and addressing students’ social, emotional, mental health, and academic needs resulting
from the pandemic. The State must allocate these funds to LEAs on the basis of their respective shares
of funds received under Title I, Part A of the Elementary and Secondary Education Act of 1965 (ESEA) in
fiscal year (FY) 2020.
• The ARP ESSER Fund includes three State-level reservations for activities and interventions that
respond to students’ academic, social, and emotional needs and address the disproportionate impact
of COVID-19 on underrepresented student subgroups, including each major racial and ethnic group,
children from low-income families, children with disabilities, English learners, gender, migrant students,
students experiencing homelessness, and children and youth in foster care:
o 5 percent of the total ARP ESSER allocation for the implementation of evidence-based
interventions aimed specifically at addressing learning loss, such as summer learning or
summer enrichment, extended day, comprehensive afterschool programs, or extended school
year programs.
o 1 percent of the total ARP ESSER allocation for evidence-based summer enrichment programs.
o 1 percent of the total ARP ESSER allocation for evidence-based comprehensive afterschool
programs.
• A State may use up to ½ of 1 percent of its total ARP ESSER allocation for administrative costs and
emergency needs as determined by the State to address issues related to COVID-19.
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Reservation for Homeless Children & Youth
The ARP ESSER Fund also requires the Department to reserve $800 million to support efforts to identify
homeless children and youth, and provide them with comprehensive, wrap-around services that address needs
arising from the COVID-19 pandemic and allow them to attend school and participate fully in all school activities.
The Department will award these funds expeditiously, and will work to coordinate these new resources with
supports provided through the McKinney-Vento Homeless Assistance Act as well as other ARP ESSER Fund
activities targeting homeless children and youth.
LEA Use of ARP ESSER Funds
Of the total amount allocated to an LEA from the State’s ARP ESSER award, the LEA must reserve at least 20
percent of funds to address learning loss through the implementation of evidence-based interventions and
ensure that those interventions respond to students’ social, emotional, and academic needs and address the
disproportionate impact of COVID-19 on underrepresented student subgroups (each major racial and ethnic
group, children from low-income families, children with disabilities, English learners, gender, migrant students,
students experiencing homelessness, and children and youth in foster care).
Remaining LEA funds may be used for a wide range of activities to address needs arising from the coronavirus
pandemic, including any activity authorized by the ESEA, the Individuals with Disabilities Education Act (IDEA),
Adult Education and Family Literacy Act (AEFLA), or Carl D. Perkins Career and Technical Education Act of 2006
(Perkins CTE). Specifically, ARP ESSER funds may be used to develop strategies and implement public health
protocols including, to the greatest extent practicable, policies in line with guidance from the Centers for
Disease Control and Prevention (CDC) on reopening and operating schools to effectively maintain the health and
safety of students, educators, and other staff, as well as:
• coordinating preparedness and response efforts with State, local, Tribal, and territorial public health
departments to prevent, prepare for, and respond to COVID-19;
• training and professional development on sanitizing and minimizing the spread of infectious diseases;
• purchasing supplies to sanitize and clean the LEA’s facilities;
• repairing and improving school facilities to reduce risk of virus transmission and exposure to
environmental health hazards;
• improving indoor air quality;
• addressing the needs of children from low-income families, children with disabilities, English learners,
racial and ethnic minorities, students experiencing homelessness, and foster care youth;
• developing and implementing procedures and systems to improve the preparedness and response
efforts of LEAs;
• planning for or implementing activities during long-term closures, including providing meals to eligible
students and providing technology for online learning;
• purchasing educational technology (including hardware, software, connectivity, assistive technology,
and adaptive equipment) for students that aids in regular and substantive educational interaction
between students and their classroom instructors, including students from low-income families and
children with disabilities;
• providing mental health services and supports, including through the implementation of evidence-
based full-service community schools and the hiring of counselors;
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• planning and implementing activities related to summer learning and supplemental after-school
programs;
• addressing learning loss; and
• other activities that are necessary to maintain operation of and continuity of and services, including
continuing to employ existing or hiring new LEA and school staff
LEA Safe Return to In-Person Instruction Plan
An LEA that receives ARP ESSER funds must, within 30 days of receiving the funds, make publicly available on its
website a plan for the safe return to in-person instruction and continuity of services. Before making the plan
publicly available, the LEA must seek public comment on the plan.
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Comparison of ESSER Fund (CARES Act), ESSER II Fund (CRRSA Act), and ARP ESSER (ARP Act)
This following table outlines the primary differences between the American Rescue Plan Elementary and
Secondary School Emergency Relief (ARP ESSER) Fund under the American Rescue Plan (ARP) Act 2021, Public
Law 117-2, enacted on March 11, 2021; the ESSER II Fund under the Coronavirus Response and Relief
Supplemental Appropriations (CRRSA) Act, enacted on December 27, 2020; and the ESSER Fund under the
Coronavirus Aid, Relief, and Economic Security (CARES) Act enacted on March 27, 2020.
Topic ESSER Fund (CARES Act) ESSER II Fund (CRRSA Act) ARP ESSER (ARP Act)
Authorizing Section 18003 of Division B Section 313 of the Coronavirus Section 2001 of the American
Legislation of the Coronavirus Aid, Response and Relief Rescue Plan (ARP) Act
Relief, and Economic Supplemental Appropriations
Security (CARES) Act (CRRSA) Act
Period of May be used for pre-award May be used for pre-award May be used for pre-award
Funds costs dating back to March costs dating back to March 13, costs dating back to March 13,
Availability, 13, 2020, when the 2020, when the national 2020, when the national
excluding 12- national emergency was emergency was declared. emergency was declared.
month declared.
Tydings Available for obligation by Available for obligation by
Amendment Available for obligation by SEAs and subrecipients SEAs and subrecipients
period State educational agencies through September 30, 2022. through September 30, 2023.
(SEAs) and subrecipients
through September 30,
2021.
SEA Deadline An SEA must award the An SEA must award the funds With respect to making local
for Awarding funds within one year of within one year of receiving educational agency (LEA)
Funds receiving them, which will them, which will be January subgrants (90% of the total
be April through June 2022. ARP ESSER allocation), the SEA
2021, depending on an must allocate ARP ESSER
SEA’s award date. funds in an expedited and
timely manner and, to the
extent practicable, not later
than 60 days after the SEA
receives those funds.
An SEA must award ARP ESSER
funds not allocated to LEAs
within one year of the date
the SEA receives those funds.
Definition of For the 90 percent of funds Same as ESSER: For the 90 Same as ESSER: For the 90
“Awarded” for LEAs, funds are percent of funds for LEAs, percent of funds for LEAs,
generally considered funds are generally considered funds are generally
“awarded” when the SEA “awarded” when the SEA considered “awarded” when
subgrants the funds to an subgrants the funds to an LEA. the SEA subgrants the funds
LEA. to an LEA.
For the SEA reserve (see
For the SEA reserve (see section 313(e)), funds are For the funds that the SEA
section 18003(e)), funds “awarded” when the SEA reserves (section 2001(f)),
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Topic ESSER Fund (CARES Act) ESSER II Fund (CRRSA Act) ARP ESSER (ARP Act)
are “awarded” when the awards a contract or subgrant, funds are “awarded” when
SEA awards a contract or or when it retains funds to the SEA awards a contract or
subgrant, or when it provide direct services. subgrant, or when it retains
retains funds to provide funds to provide direct
direct services. services.
LEA Uses of The CARES Act includes ESSER II funds may be used for An LEA must reserve not less
Funds and allowable uses of funds the same allowable purposes than 20 percent of its total
Reservations related to preventing, as ESSER and ARP ESSER, ARP ESSER allocation to
preparing for, and including hiring new staff and address learning loss through
responding to COVID-19. avoiding layoffs. the implementation of
evidence-based interventions,
ESSER funds may be used Note that the “additional” LEA such as summer learning or
for the same allowable allowable uses of funds under summer enrichment,
purposes as ESSER II and the CRRSA Act (addressing extended day, comprehensive
ARP ESSER, including hiring learning loss, preparing afterschool programs, or
new staff and avoiding schools for reopening, and extended school year
layoffs. testing, repairing, and programs, and ensure that
upgrading projects to improve such interventions respond to
No required reservations air quality in school buildings) students’ academic, social,
of funds. already are permitted under and emotional needs and
the CARES Act. address the disproportionate
impact of COVID-19 on
No required reservations of underrepresented student
funds. subgroups.
The remaining ARP ESSER
funds may be used for the
same allowable purposes as
ESSER and ESSER II, including
hiring new staff and avoiding
layoffs.
Note that section 2001(e)
specifically authorizes an LEA
to use ARP ESSER funds to
develop strategies and
implement public health
protocols including, to the
greatest extent practicable,
policies in line with guidance
from the CDC for the
reopening and operation of
school facilities to effectively
maintain the health and safety
of students, educators, and
other staff. An LEA may also
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Topic ESSER Fund (CARES Act) ESSER II Fund (CRRSA Act) ARP ESSER (ARP Act)
use its ESSER and ESSER II
funds for this purpose,
although it is not expressly
listed in the CARES or CRRSA
Act.
Equitable An LEA that receives ESSER The CRRSA Act (section The ARP (section 2002)
Services funds under the CARES Act 312(d)) includes a separate includes a separate program
(section 18005) must program of Emergency of Emergency Assistance for
provide equitable services Assistance for Non-Public Non-Public Schools (EANS).
to non-public school Schools under which eligible Consequently, LEAs do not
students and teachers in non-public schools may apply provide equitable services
the same manner as to an SEA to receive services under ARP ESSER.
provided under section or assistance. Consequently,
1117 of Title I, Part A of the LEAs do not provide equitable Under EANS, an SEA provides
ESEA. services under ESSER II. services or assistance to non-
public schools that enroll a
significant percentage of
children from low-income
families and are most
impacted by COVID-19. EANS
funds may not be used to
provide reimbursements for
costs incurred by non-public
schools.
Maintenance Under the CARES Act Under the CRRSA Act (section Under the ARP (section
of Effort (section 18008), there is a 317), there is a State MOE 2004(a)), there is a State MOE
(MOE) State MOE requirement for requirement for FY 2022 requirement for each of FYs
each of fiscal years (FYs) (based on percentages of the 2022 and 2023 (based on
2020 and 2021 (based on State’s overall spending used percentages of the State’s
dollar levels of State to support education). overall spending used to
support for education). support education).
Maintenance Not applicable Not applicable The ARP (section 2004(b) and
of Equity (c)) contains both State and
LEA maintenance of equity
requirements for each of FYs
2022 and 2023. The
Department intends to
provide additional guidance
on these important
requirements.
Reporting An SEA must meet the An SEA must meet the CARES An SEA must comply with all
reporting requirements of Act reporting requirements reporting requirements at
section 15011, which are that apply to ESSER funds and such time and in such manner
satisfied through the submit a report to the and containing such
Federal Funding Secretary within six months of information as the Secretary
Accountability and award that contains a detailed may reasonably require.
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Topic ESSER Fund (CARES Act) ESSER II Fund (CRRSA Act) ARP ESSER (ARP Act)
Transparency Act (FFATA) accounting of the use of ESSER FFATA reporting requirements
reporting, and other II funds, that includes how the apply.
reporting as the Secretary State is using funds to
may require. measure and address learning
loss among students
disproportionately affected by
the coronavirus and school
closures, including: children
from low-income families,
children with disabilities,
English learners, racial and
ethnic minorities, students
experiencing homelessness,
and children and youth in
foster care.
Tracking of ESSER funds must be ESSER II funds must be tracked ARP funds must be tracked
Funds tracked separately from separately from other funds separately from other funds
other funds (including from (including from ESSER and ARP (including from ESSER and
ESSER II and ARP ESSER ESSER funds). ESSER II funds).
funds).
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