State Plan Requirements Office Hours, ARP ESSER — U.S. Department of Education (May 6, 2021)
Summary
Slides from a U.S. Department of Education office-hours session on American Rescue Plan Elementary and Secondary School Emergency Relief Fund (ARP ESSER) State Plan requirements, dated May 6, 2021. The deck describes the program as nearly $122 billion to States and school districts and lists key dates, including the March 24 release to States of two-thirds of the funds, totaling $81 billion, and the June 7 deadline for submitting ARP ESSER State Plans. In question-and-answer form it explains that the Department will review and approve each State Plan before awarding the remainder of each SEA's funds, that a plan must address the State's total allocation, and which underserved student groups each SEA must address. It also states that an SEA or LEA has until September 30, 2024 to obligate the funds and that an SEA cannot waive the LEA plan requirements.
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“State Plan Requirements Office Hours, ARP ESSER — U.S. Department of Education (May 6, 2021).”
Original at www.ed.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/department-of-education-arp-esser-state-plan-office-hour-slides-www-ed-gov-b96c72e489/
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U.S. Department of Education
American Rescue Plan
Elementary and
Secondary School
Emergency Relief Fund
State Plan Requirements
Office Hours
May 6, 2021
1
U.S. Department of Education
Introductions
• Ian Rosenblum
• Meredith Miller
• Jane Hodgdon
• Britt Jung
• Jane Simons
2
U.S. Department of Education
ARP ESSER State Plan Overview
• Nearly $122 billion to States and school districts
• Help safely reopen and sustain operations, maximizing in-person instruction
• Address the impact of the coronavirus pandemic on the Nation’s students, particularly
those groups of students disproportionately impacted by the pandemic
3
U.S. Department of Education
Key Dates
March 11 – American Rescue Plan Act (ARP) enacted
March 17 – State allocations announced
March 24 – States received access to two-thirds of ARP Elementary and Secondary School
Emergency Relief (ESSER) funds, totaling $81 billion
April 21 – ARP ESSER State Plan template and interim final requirements released
May 14 – The Department requests that the SEA provide notification if SEA will not meet
June 7 deadline due to State requirements that preclude submission by that date (e.g.,
because of pre-existing State board approval requirements)
• Provide notification to ESSERF@ed.gov
June 7 – Deadline for submitting ARP ESSER State Plans
4
U.S. Department of Education
Office Hours
• The Department will answer questions that were received during the prior week and in
previous webinar sessions.
• Questions should be sent to: ESSERF@ed.gov
• All slides will be posted on the Department’s website at:
https://oese.ed.gov/offices/american-rescue-plan/american-rescue-plan-elementary-
and-secondary-school-emergency-relief/ under the “Resources” link
• The Department will take a limited number of live questions during each session and
include those questions and answers in the next week’s presentation.
• Please use the chat function to ask questions – either clarifications about the questions
we are discussing or to raise new or additional questions.
5
U.S. Department of Education
Review Process
• Does the State Plan need approval by the Department?
Yes. The Department will review and approve each State Plan prior to awarding the remainder
of each SEA’s ARP ESSER funds.
6
U.S. Department of Education
Review Process
• What is the approval process and timeline?
The Department is committed to reviewing applications as quickly as possible. Each application
will be reviewed by Department staff.
If an SEA does not address each requirement in the application, the Department will contact
the State to ask it to revise its State Plan.
We strongly encourage each SEA to use the Department’s template.
7
U.S. Department of Education
Review Process
• Will the Department share the criteria that will be applied to State Plans as part of
the review/approval process?
The State Plan template will serve as the Department’s review criteria for each State’s ARP
ESSER State Plan. Each SEA should carefully address each question, including each subpart
and, as applicable, each subgroup in its response.
The Department will use the same review process for all State plans.
• Do you expect different responses depending on whether the State is under State or
local control?
The Department expects each SEA to address each question in the State Plan template, taking
into account its unique circumstances.
8
U.S. Department of Education
Review Process
• Will the Department provide technical assistance support directly or in partnership
with external entities to help SEAs draft ARP ESSER State Plans?
The Department is available to provide support to all States.
We encourage you to submit questions to us as you develop your State Plan. We will respond to
these questions during Office Hours sessions, as appropriate, and will respond to questions that
pertain specifically to an individual State directly to that State.
States are also encouraged to reach out to their respective Comprehensive Centers for
individual support.
9
U.S. Department of Education
Consultation
• How is "meaningful" stakeholder consultation defined for purposes of the ARP
ESSER requirements?
Stakeholder engagement is a core element of the State and LEA planning process for the use of
ARP ESSER funds. The Interim Final Rule (IFR) and the ARP ESSER State Plan template include
a specific list of stakeholders with which an SEA or LEA must consult. Each SEA must describe
the specific consultation that is conducted for each of these groups. We believe that it is
important that each SEA ensures that consultation is broad and represents the diversity of the
community within the State.
Meaningful consultation for the ARP ESSER State Plan may take different forms. We recognize
and respect the work that States and school districts are already doing and have been doing
throughout the pandemic to engage their communities. The description included in the State
Plan must include how the SEA provided the public the opportunity to provide input in the
development of the plan, a summary of the input (including any letters of support), and how
the SEA took such input into account.
Stakeholder consultation is essential and we look forward to seeing and being able to amplify
best practices on how States and LEAs are engaging the diverse communities that they serve.
10
U.S. Department of Education
Consultation
• Must the SEA engage in meaningful consultation with all of the stakeholder groups
listed in the State Plan template and IFR prior to submitting the ARP ESSER State
Plan and provide the public with an opportunity to provide input or may the
stakeholder engagement be ongoing, after June 7?
The SEA must describe how it (1) engaged in meaningful consultation with each group included
in the template and (2) provided the public the opportunity to provide input on the State Plan,
prior to submission of its State Plan.
We expect this consultation to have occurred in some form before the State Plan is submitted.
In the State Plan, an SEA should describe how it incorporated any input in the State Plan and
include any letters of support with the State Plan.
We also recognize that consultation is ongoing. To the extent that an SEA has plans to continue
consultation, we encourage SEAs to include that information in the application.
11
U.S. Department of Education
Application Requirements
• Must the ARP ESSER State Plan address the entire SEA allocation (e.g., the entire
amount of funds required to be reserved at the State level) and not just the
remaining 1/3 of the funds that it will receive after approval of the State plan?
Yes. The ARP ESSER State Plan must address the State’s total allocation of ARP ESSER funds.
12
U.S. Department of Education
Application Requirements
• What student groups is the Department referring to when the State Plan template
references “underserved student groups”?
For ARP ESSER, underserved student groups include, at a minimum, the subgroups listed
below:
o Students from low-income families,
o Students from each racial or ethnic group,
o Gender,
o Children with disabilities,
o English learners,
o Migratory students,
o Students experiencing homelessness, and
o Children and youth in foster care.
13
U.S. Department of Education
Application Requirements
• What student groups is the Department referring to when the template references
“underserved student groups”? (continued)
For example, the ARP Act specifically requires that the funds the SEA and LEA is required to
reserve for the academic impact of lost instructional time address the disproportionate impact
of COVID-19 on these groups of students, which include the subgroups listed in ESEA section
1111(b), as well as students experiencing homelessness and children and youth in foster care.
The ARP ESSER State Plan template also asks SEAs to consider what other groups of students
might be identified by the SEA as being an underserved group of students. For example, that
could include the students who have had the most lost instructional time as a result of school
building closures during the pandemic or students who have been least able to participate in
remote instruction during periods when remote instruction was offered. It could be students in
the criminal justice system or LGBTQ+ students. It could be other groups of students that an
SEA identifies.
14
U.S. Department of Education
Application Requirements
• Must an SEA address each underserved subgroup when it describes how the required
State reservations will be used to implement evidence-based interventions to
address the disproportionate impact of COVID-19 on those subgroups?
Yes. Each SEA must describe how the evidenced-based interventions it will implement under
each of the three required reservations (academic impact of lost instructional time; summer
learning and enrichment; and comprehensive afterschool programs) address the
disproportionate impact of COVID-19 on each student subgroup listed on slide 12, as well as
any other group identified by the SEA.
15
U.S. Department of Education
Application Requirements
• How are the four tiers of evidence defined in the ESEA incorporated into this
program? Are all four tiers of evidence applicable?
The ARP Act defines the term “evidence-based” as having the meaning in section 8101(21) of
the ESEA. Accordingly, “evidence-based” includes several tiers of evidence. Specifically,
“evidence-based,” when used with respect to a State, LEA, or school activity, means an activity,
strategy, or intervention that demonstrates a statistically significant effect on improving
student outcomes or other relevant outcomes based on –
1. Strong evidence from at least one well-designed and well-implemented experimental study
(“tier 1”);
2. Moderate evidence from at least one well-designed and well-implemented quasi-
experimental study (“tier 2”); or
3. Promising evidence from at least one well-designed and well-implemented correlational
study with statistical controls for selection bias (“tier 3”); or
4. Demonstrates a rationale based on high-quality research findings or positive evaluation
that such activity, strategy, or intervention is likely to improve student outcomes or
other relevant outcomes and includes ongoing efforts to examine the effects of such
activity, strategy, or intervention (“tier 4”).
16
U.S. Department of Education
Application Requirements
• How are the four tiers of evidence defined in the ESEA incorporated into this
program? Are all four tiers of evidence applicable? (continued)
Given the novel context created by the COVID-19 pandemic, an activity need not have
generated such evidence during the COVID-19 pandemic to be considered evidence-based. The
Department’s What Works Clearinghouse (available at https://ies.ed.gov/ncee/wwc/) identifies
the tier of evidence that reviewed studies meet, as applicable. As part of the “demonstrates a
rationale (tier 4)” level of evidence, grantees may develop and use approaches that are novel if
they are consistent with theoretical and empirical findings from research and the grantee will
continue to review the effects of the practice to build the evidence base. Developing a logic
model can help to demonstrate a rationale. Logic model resources are available at:
https://ies.ed.gov/ncee/edlabs/regions/pacific/elm.asp.
17
U.S. Department of Education
Allocation of Funds
• The ARP Act requires that an LEA make publicly available a plan for the safe return to
in-person instruction and continuity of services within 30 days of receiving ARP
ESSER funds. When does the LEA “receive” ARP ESSER funds for purposes of this
requirement?
An LEA “receives” its ARP ESSER funds when it has access to the funds and is able to spend
(i.e., draw down) funds for allowable activities.
• The ARP Act requires that an SEA “make allocations” of ARP ESSER funds to its LEAs
within 60 days, to the extent practicable. What does it mean for an SEA to make ARP
ESSER allocations?
An SEA allocates the funds when the LEA has access to the funds and is able to spend them
(i.e., draw down the ARP ESSER funds).
18
U.S. Department of Education
Allocation of Funds
• When will the ARP ESSER Grant Award Notification (GAN) be made available to
States?
Each SEA received a GAN when it was awarded the first two-thirds of their ARP ESSER funds
on March 24, 2021.
The SEA will receive additional notification from the Department that the remaining one-third
of ARP ESSER funds are available to them once the Department has approved its ARP ESSER
State Plan.
19
U.S. Department of Education
Obligation of Funds
• What is the timeline for an SEA or LEA to obligate funds under ARP ESSER?
An SEA or LEA has until September 30, 2024, to obligate the ARP ESSER funds it receives. This
includes the 12-month Tydings Amendment period. For additional information on awarding and
obligating funds, please see Question 10 in the ESSER FAQs available at:
https://oese.ed.gov/files/2020/05/ESSER-Fund-Frequently-Asked-Questions.pdf.
20
U.S. Department of Education
LEA Plans
• May an SEA waive the requirement that each LEA develop a plan for the use of ARP
ESSER funds and a plan for the safe return to in-person instruction and continuity of
services?
No. An SEA does not have the authority to waive any of the statutory or regulatory
requirements related to ARP ESSER, including requirements related to the development of LEA
plans for use of ARP ESSER funds and plans for the safe return to in-person instruction and
continuity of services.
21
U.S. Department of Education
LEA Plans
• The Interim Final Requirements state that a State may allow LEAs to develop one
plan that addresses both the requirements for the LEA’s plan for the use of ARP
ESSER funds and the LEA’s plan for the safe return to in-person and continuity of
services, rather than two separate plans. What would the required timeline be for
LEAs to complete a single plan?
An SEA may allow an LEA to develop a single plan to address both the uses of ARP ESSER
funds and the safe return to in-person instruction and continuity of services. The single plan
must be submitted within the timeline established by the State for the LEA plans for the use of
ARP ESSER funds. An LEA is still required to meet the requirement that it make publicly
available a plan for the safe return to in-person instruction and continuity of services within 30
days of receiving ARP ESSER funds.
22
U.S. Department of Education
LEA Plans
• What guidance would you provide an LEA in the development of its plan for the safe
return to in-person instruction and continuity of service if the LEA has already been
conducting instruction in person?
An LEA’s safe return to in-person instruction and continuity of service plan (required under
section 2001(i) of the ARP Act) must address:
i. How the LEA will maintain the health and safety of students, educators, and other staff
and the extent to which it has adopted policies, and a description of any such policies, on
each of the safety recommendations established by the CDC (and outlined on the slide
after next); and
ii. How the LEA will ensure continuity of services, including but not limited to services to
address students' academic needs and students' and staff social, emotional, mental
health, and other needs, which may include student health and food services.
23
U.S. Department of Education
LEA Plans
• What guidance would you provide an LEA in the development of its plan for the safe
return to in-person instruction and continuity of service if the LEA has already been
conducting instruction in person? (continued)
If an LEA has already returned students to 100 percent full-time in-person instruction, its
responses to these questions should focus on its current and future activities to keep students
and staff safe and ensure continuity of services.
24
U.S. Department of Education
Safety recommendations established by the CDC
A. Universal and correct wearing of masks. F. Diagnostic and screening testing.
B. Modifying facilities to allow for physical distancing G. Efforts to provide vaccinations to school communities.
(e.g., use of cohorts/podding)
C. Handwashing and respiratory etiquette. H. Appropriate accommodations for children with
disabilities with respect to health and safety policies.
D. Cleaning and maintaining healthy facilities, including I. Coordination with State and local health officials.
improving ventilation.
E. Contact tracing in combination with isolation and
quarantine, in collaboration with the State, local,
territorial, or Tribal health departments.
25
U.S. Department of Education
Reporting Requirements
• Will there be other reporting requirements for ARP ESSER funds, similar to reporting
requirement under the CARES and CRRSA Acts?
Yes. The Department is working on establishing the reporting requirements for upcoming collections.
26
U.S. Department of Education
Additional Questions
27
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