U.S. Department of Education — American Rescue Plan Elementary and Secondary School Emergency Relief Fund State Plan
Summary
This is a slide presentation from the U.S. Department of Education titled American Rescue Plan Elementary and Secondary School Emergency Relief Fund State Plan Requirements Office Hours, dated May 20, 2021. A key dates slide lists the ARP Act enacted March 11, State allocations announced March 17, States receiving access to two-thirds of ARP ESSER funds, totaling $81 billion, on March 24, the State plan template and interim final requirements released April 21, and a June 7 deadline for submitting ARP ESSER State Plans. The slides also state that State educational agencies must allocate ARP ESSER funds to LEAs within 60 days to the extent practicable, with a May 24 date. Covered topics include allocation of funds, the review process, LEA plans, consultation, the State plan template, and reporting requirements.
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“U.S. Department of Education — American Rescue Plan Elementary and Secondary School Emergency Relief Fund State Plan.”
Original at www.ed.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/department-of-education-arp-esser-state-plan-office-hours-slides-www-ed-gov-0279c32755/
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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 20, 2021
1
U.S. Department of Education
Introductions
• Meredith Miller
• Ariel Jacobs
• Britt Jung
• Jane Simons
• Rachel Peternith
2
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/resources/.
• The Department will take a limited number of live questions during each session, as we
are able, 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.
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 ESSER funds, totaling $81 billion
April 21 – ARP ESSER State Plan template and interim final requirements (IFR) released
May 14 – The Department requested that the SEA provide notification if the 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)
(continued on next slide)
4
U.S. Department of Education
Key Dates (continued)
May 24 – Date by which the SEA must allocate ARP ESSER funds to LEAs, to the extent
practicable under section 2001(d)(2) of the ARP Act
• An SEA that is not able to allocate funds within 60 days because it is not practicable
(e.g., because of pre-existing State board approval requirements) was required to
provide an explanation to the Department by April 23 (30 days of receiving its ARP
ESSER funds).
• If an SEA has not yet notified the Department that it is unable to allocate the funds by
May 24, please do so as soon as possible via email at [State].OESE@ed.gov, including
a description of specific actions the SEA is taking to provide ARP ESSER funds to LEAs
in an expedited and timely manner and the SEA’s expected timeline for doing so.
June 7 – Deadline for submitting ARP ESSER State Plans
5
U.S. Department of Education
Covered Topics
• Allocation of Funds
• Review Process
• LEA Plans
• Consultation
• State Plan Template
• Reporting Requirements
• Other
6
U.S. Department of Education
Allocation of Funds
What must an SEA include in its LEA ARP ESSER application to meet requirements
under GEPA and EDGAR?
• Under the General Education Provisions Act (GEPA) and 34 CFR 76.708 (EDGAR), an SEA
must require each LEA to submit a substantially approvable application prior to obligating
ARP ESSER funds. At a minimum, that application must include assurances set forth
in GEPA (20 USC 1232e).
• The SEA may subsequently require that the LEA submit its plan for use of the ARP ESSER
funds consistent with the IFR. The LEA’s plan for the use of ARP ESSER funds would
supplement the initial application.
7
U.S. Department of Education
Allocation of Funds
What does it mean for an SEA to “make allocations” of ARP ESSER funds to LEAs within 60
days?
• Under the ARP Act an SEA must allocate ARP ESSER funds to LEAs within 60 days to the
extent practicable.
• Our expectation is that LEAs will be approved to obligate and draw down funds by 5/24,
consistent with cash management requirements.
• If it is not practicable, due to applicable state requirements, for a State to make the ARP
ESSER funds available to its LEAs to draw down by 5/24, the SEA must make the funds
available to LEAs for obligation consistent with GEPA and EDGAR requirements no later
than 5/24 to the extent practicable.
• An SEA that is unable to make the funds available to be drawn down by 5/24 must notify the
Department how it will ensure that LEAs can draw down ARP ESSER funds in an
expedited manner. This could include making a reasonable portion of funds
immediately available for drawing down, as well as making clear that districts can be
reimbursed for pre-award costs.
8
U.S. Department of Education
Review Process
What steps should an SEA take if it needs additional time beyond June 7 to submit its
ARP ESSER State Plan?
• An SEA should notify the Department via email to ESSERF@ed.gov and
[State].oese@ed.gov as soon as possible if it will be unable to submit its State plan by
the June 7 submission date.
• In the email, the SEA should notify the Department that the State will not be able to
meet the June 7 submission date and provide an explanation (e.g., the State
requirements that preclude submission of the plan by that date) and a proposed
submission date.
9
U.S. Department of Education
Review Process
If an SEA notifies the Department that it requires additional time beyond the June 7
deadline to submit the ARP application, does the SEA also get additional time beyond
the June 21 deadline to make the requisite data on school operational status available
on its website?
• No. All SEAs are required to post school operational status by June 21, regardless of
whether an SEA requested an extension of the June 7 deadline for submitting its ARP
ESSER State Plan.
• If any SEA has specific questions about meeting the requirement for posting on school
operational status by June 21, the SEA should contact the Department via email to
ESSERF@ed.gov and through its State mailbox, [State].oese@ed.gov.
10
U.S. Department of Education
Review Process
When does the Department anticipate releasing non-regulatory guidance on the uses of
ESSER and GEER funds?
• Please see the Fact Sheet that outlines allowable uses of funds at
https://oese.ed.gov/files/2021/03/FINAL_ARP-ESSER-FACT-SHEET.pdf.
• The Department will release the Use of Funds Guidance as soon as possible. We will
host Office Hours to discuss the Use of Funds Guidance once it has been released. We
encourage SEAs to continue sending specific use of funds questions to its State
mailbox, [State].oese@ed.gov.
11
U.S. Department of Education
LEA Plans
Does the Department plan to publish an ARP ESSER LEA Plan template for the use of
ARP ESSER Funds?
• No. The Department does not intend to publish an ARP ESSER LEA Plan template. The
ARP ESSER State Plan template (see E.1: LEA Plans for the Use of ARP ESSER Funds)
and Interim Final Requirements include several requirements for LEA plans, including,
at a minimum:
• The extent to which and how the funds will be used to implement prevention and
mitigation strategies consistent, to the greatest extent practicable, with CDC guidance, in
order to continuously and safely operate schools for in-person learning;
• How the LEA will use the funds it reserves under section 2001(e)(1) of the ARP (totaling
not less than 20 percent of the LEA's total allocation of ARP ESSER funds) to address the
academic impact of lost instructional time through the implementation of evidence-
based interventions, such as summer learning or summer enrichment, extended day,
comprehensive after school programs, or extended school year programs;
(continued on next slide)
12
U.S. Department of Education
LEA Plans
Does the Department plan to publish an ARP ESSER LEA Plan template for the use of
ARP ESSER Funds? (continued)
• How the LEA will spend its remaining ARP ESSER funds consistent with section
2001(e)(2) of the ARP Act; and
• How the LEA will ensure that the interventions it implements, including but not
limited to the interventions under section 2001(e)(1) of the ARP Act to address the
academic impact of lost instructional time, will respond to the academic, social,
emotional, and mental health needs of all students, and particularly those students
disproportionately impacted by the COVID-19 pandemic, including students from
low-income families, students of color, English learners, children with disabilities,
students experiencing homelessness, children and youth in foster care, and
migratory students.
(continued on next slide)
13
U.S. Department of Education
LEA Plans
Does the Department plan to publish an ARP ESSER LEA Plan template for the use of
ARP ESSER Funds? (continued)
• In its ARP ESSER State Plan, each SEA must describe:
• What the SEA will require its LEAs to include in LEA plans consistent with the
requirements described on the previous slides;
• How the SEA will require such plans to be made available to the public; and
• The deadline by which LEAs must submit ARP ESSER plans (which must be a
reasonable timeline and should be within no later than 90 days after receiving its
ARP ESSER allocation).
14
U.S. Department of Education
Consultation
The ARP ESSER State Plan template asks SEAs to discuss consultation that has
already happened as required by the law and IFR. Is it acceptable for an SEA to also
include in its application ongoing consultation it intends to engage in?
• Yes.The SEA must describe how it (1) engaged in meaningful consultation with each
stakeholder 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.
• The Department expects consultation to have occurred with each group before the
State Plan is submitted.
• In the State Plan, the 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 on-going, and we encourage that practice.
To the extent that the SEA has plans to continue consultation, we encourage the
SEA to also include that information in the State plan.
15
U.S. Department of Education
State Plan Template
What is the definition of “underserved students” as it is used in the ARP ESSER state
plan template?
• For ARP ESSER, under the statute, underserved student groups include, at a minimum,
the subgroups listed below:
• Students from low-income families,
• Students from each racial or ethnic group,
• Gender,
• Children with disabilities,
• English learners,
• Migratory students,
• Students experiencing homelessness, and
• Children and youth in foster care.
(continued on next slide)
16
U.S. Department of Education
State Plan Template
What is the definition of “underserved students” as it is used in the ARP ESSER state
plan template? (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 asks SEAs to consider what other groups of
students might be identified by the SEA as being an underserved group of students. For
example, this 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.
17
U.S. Department of Education
State Plan Template
Table A1 in the ARP ESSER State Plan template states, “please add a row for each racial
or ethnic group” and “please add a row for each gender.” Are SEAs required to add rows
for each racial or ethnic group and gender or can we summarize the groups into a single
narrative?
• It is not required that an SEA add rows. However, if the SEA does not add rows, the
single narrative that it provides must address separately each racial and ethnic group
and each gender. The ARP ESSER State Plan template requires an SEA to identify
disparities and focus on underserved groups for each racial or ethnic group used by the
State for reporting purposes and by gender.
18
U.S. Department of Education
State Plan Template
What data must the SEA include when making school operating status publicly available
on its website no later than June 21, 2021 (section A.5.ii of the ARP ESSER State Plan)?
• The ARP ESSER State Plan template and IFR require the SEA to include:
• Mode of instruction: The number of schools in the State that are offering fully
remote or online-only instruction; both remote/online and in-person instruction
(hybrid model); and/or full-time in-person instruction;
• Enrollment: Student enrollment for all students and disaggregated for each of the
student groups described in A.3.i-viii for each mode of instruction; and
• To the extent available, attendance: Student attendance for all students and
disaggregated for each of the student groups described in A.3.i-viii for each mode of
instruction.
(continued on next slide)
19
U.S. Department of Education
State Plan Template
What data must the SEA include when making school operating status publicly available
on its website no later than June 21, 2021 (section A.5.ii of the ARP ESSER State Plan)?
(continued)
• The SEA should include the data described in A.5.i.a (Mode of instruction) and b.
(Enrollment) using the tables in Appendix A: School Operating Status and Instructional
Mode Data Template of the ARP ESSER State Plan template (and, to the extent
available, the data described in A.5.i.c (Attendance)), for the most recent time period
available.
• When completing the tables in Appendix A, please provide the number of schools in
the State that offered each mode of instruction (Table 1) and the number of students
enrolled and the mode of instruction for all students and each subgroup (Table 2).
20
U.S. Department of Education
State Plan Template
Some States have been open for in-person learning since the beginning of the 2020-
2021 school year. How should these SEAs respond to questions in the State Plan
template related to safely reopening schools?
• An SEA must address all questions in the State Plan template with the most
relevant information available. For example, if all schools in the State have been
open for in-person instruction since the first day of school, an SEA should describe
how it supports its LEAs in sustaining safe operation of its schools to effectively
maintain the health and safety of students, educators, and other staff.
• Additionally, LEAs are required to develop a plan or update an existing plan for the
safe return to in-person instruction and continuity of services, consistent
with statutory requirements of the ARP Act and the IFR.TheSEA is required to
ensure that its LEAs are meeting these statutory and regulatory requirements. For
example, if an LEA has already returned students to 100 percent full-time in-
person instruction, its plan should focus on its current and future activities to keep
students and staff safe and ensure continuity of services.
(continued on next slide)
21
U.S. Department of Education
State Plan Template
Some States have been open for in-person learning since the beginning of the 2020-2021
school year. How should these SEAs respond to questions in the State Plan template
related to safely reopening schools? (continued)
• An SEA must also ensure that its LEAs receiving ARP ESSER funds are addressing the
needs of all students. For example, while an LEA may have operated in-person for the
entire 2020-2021 school year, supports of academic, social, emotional, and mental
health are ongoing and the SEA and its LEAs must continue to provide those supports as
they address the impact of the pandemic on all students.
22
U.S. Department of Education
Reporting Requirements
Appendix B of the ARP ESSER State Plan template references reporting
requirements. Will there be additional information about the data and indicators that
will be required in annual or interim reporting?
• Yes. The Department is working on establishing the reporting requirements for upcoming
collections.
23
U.S. Department of Education
Other
If a State or LEA chooses to implement mental health services as part of the statutory
reservations that require evidence-based interventions, do the tiered levels of evidence
from section 8101 of the ESEA apply to those mental health interventions?
• Yes.The tiered levels of evidence defined in section 8101 of the ESEA apply to
interventions that a State or LEA implements with the funds it is required to reserve for
evidence-based interventions, including any mental health services it provides with
those reserved funds.
24
U.S. Department of Education
Additional Questions
25
U.S. Department of Education
Resources
For more information on,
• ARP ESSER, please visit: https://oese.ed.gov/offices/american-rescue-
plan/american-rescue-plan-elementary-and-secondary-school-emergency-relief
• Maintenance of Effort requirements, see:
https://oese.ed.gov/files/2021/04/MOE-Chart_with-waiver-
FAQs_FINAL_4.21.21Update.pdf
26
U.S. Department of Education
The live portion of this webinar
has ended.
This presentation is posted at:
https://oese.ed.gov/offices/ameri
can-rescue-plan/american-rescue-
plan-elementary-and-secondary-
school-emergency-
relief/resources/
If you have additional questions,
please email ESSERF@ed.gov.
27
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