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ESSER Fund State Plan Requirements — Office Hours, U.S. Department of Education (June 3, 2021)

Summary

Slides titled American Rescue Plan Elementary and Secondary School Emergency Relief (ESSER) Fund State Plan Requirements Office Hours, dated June 3, 2021, from the United States Department of Education. The key dates slide lists April 21 for release of the ARP ESSER State Plan template and interim final requirements and June 7 as the deadline for submitting ARP ESSER State Plans. The slides answer questions on the submission process, the review process, consultation, the State Plan template and use of funds. One answer says an SEA should submit its ARP ESSER State Plan as a Word document. Another says all SEAs are required to post school operational status by June 21.

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Issuer
Congressional materials
Document type
Department Of Education Arp Esser State Plan Office Hours Slides Www Ed Gov 3Fbcd26B38
Case
Department Of Education Arp Esser State Plan Office Hours Slides Www Ed Gov 3Fbcd26B38

Cite this document

“ESSER Fund State Plan Requirements — Office Hours, U.S. Department of Education (June 3, 2021).” 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-3fbcd26b38/, SHA-256 1ce5af6ac6551ba40fb8835ba69efc0e12cf3ca102e437e97e98c812ba753315.

Full text

                          U.S. Department of Education




      American Rescue Plan
    Elementary and Secondary
     School Emergency Relief
           (ESSER) Fund
     State Plan Requirements

           Office Hours
           June 3, 2021




1
                           U.S. Department of Education


                           Introductions
    •   Meredith Miller
    •   Jane Hodgdon
    •   Britt Jung
    •   Jane Simons
    •   Rachel Peternith




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                                    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 State educational agency (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)
    May 24 – Date by which the SEA must allocate ARP ESSER funds to Local Educational
             Agencies (LEAs), to the extent practicable, under section 2001(d)(2) of the ARP
             Act
    June 7 – Deadline for submitting ARP ESSER State Plans


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                                      U.S. Department of Education


                                     Office Hours
    •   The Department will answer questions that were received during the prior week and in
        previous webinar sessions. A limited number of live questions will be answered during
        this session.
         • For any additional questions, send to: ESSERF@ed.gov

    •   Please use the chat function to ask questions – either clarifications about the questions
        we are discussing or to raise new or additional questions.
    •   Since the deadline for submitting State Plans is on June 7, Office Hours will continue with
        other topics related to ARP implementation beginning next week.




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                               U.S. Department of Education


                              Covered Topics
    •   Submission Process
    •   Review Process
    •   Consultation
    •   State Plan Template
    •   Use of Funds




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                                       U.S. Department of Education


                              Submission Process
    •   In what format should an SEA submit the State Plan and supporting documents (e.g.,
        links, attachments) to the Department?

         •   An SEA should submit its ARP ESSER State Plan as a Word document.
         •   Any supporting documents should be included as attachments with submitted State
             plans rather than links to other websites, except when providing information about
             URL(s) where the public can access certain information.
         •   If an SEA is concerned about file size, it should contact ESSERF@ed.gov and its
             State mailbox, [STATE].oese@ed.gov, as soon as possible so we can work with you
             to identify a solution.
         •   State Plans should be emailed to the SEA State mailbox, [STATE].oese@ed.gov and
             ESSERF@ed.gov.




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                                        U.S. Department of Education


                               Submission Process
    •   If an SEA notifies the Department that it requires additional time beyond the June 7
        deadline to submit the ARP ESSER State Plan, 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.




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                                      U.S. Department of Education


                                  Review Process
    •   What will the Department’s ARP ESSER State Plan review process consist of?

        •   The Department will review each SEA’s ARP ESSER State Plan to determine whether
            the SEA addressed each requirement in the template. For example, the Department will
            review to determine whether the SEA described the needs of each group of underserved
            students listed in question A.3 and described how it engaged in meaningful consultation
            with each stakeholder group listed in question C.1.
        •   If the Department determines that the SEA has not addressed one or more of the
            questions in the template or it is not clear whether the SEA has addressed a
            requirement, the Department will work with the SEA to revise its plan to address that
            requirement.




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                                      U.S. Department of Education


                                  Review Process
    •   Will the ARP ESSER State Plans be reviewed against criteria other than the criteria
        described in the template?

        •   No. Each ARP ESSER State Plan will be reviewed against the questions in the template.
            Those questions reflect statutory and regulatory requirements or request information to
            the extent available. The Department will review the information that each SEA
            provides to ensure it addresses the question and, where applicable, compliance with the
            applicable requirement or requirements.




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                                     U.S. Department of Education


                                 Review Process
     •   When does the Department expect to approve APR ESSER State Plans?

         •   We recognize that ARP ESSER funds are emergency funds that SEAs and LEAs need to
             address immediate needs. The Department expects to review and approve ARP ESSER
             State Plans as quickly as possible and to work with SEAs to resolve any issues as
             expeditiously as we can.




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                                      U.S. Department of Education


                                 Review Process
     •   May an SEA revise its ARP ESSER State Plan over the next few years?

           • Yes. The Department considers ARP ESSER State Plans to be living documents and
            understands that plans change and that an SEA may need to amend its State Plan in
            the future. Additional information about the expectations for any revisions and
            the amendment process will be shared once all State Plans have been approved.




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                                   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 must 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 its ARP ESSER State Plan.



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                                      U.S. Department of Education


                                     Consultation
     •   Does an SEA need to specifically describe in its State Plan how it engaged in
         meaningful consultation with EACH group listed in C.1?


          •   Yes. An SEA must specifically describe how it engaged in meaningful
              consultation with each stakeholder group listed in the ARP ESSER State Plan
              template and IFR. For example, each SEA should include a description of how it
              consulted with stakeholder groups representing the interests of each of the
              following groups of students: children with disabilities, English learners, children
              experiencing homelessness, children and youth in foster care, migratory
              students, children who are incarcerated, and other underserved students.




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                                      U.S. Department of Education


                                     Consultation
     •   In States where collective bargaining with teachers’ unions is not required,
         does the requirement to engage in meaningful consultation with teachers’
         unions still apply?

          •   Yes. Regardless of whether collective bargaining is required, the SEA must
              describe how it engaged in meaningful consultation with stakeholders,
              including teachers, principals, school leaders, other educators, school staff, and
              their unions. The SEA must also ensure that its LEAs engage in meaningful
              consultation with these groups for purposes of developing their plans for use of
              ARP ESSER funds.




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                             State Plan Template
     •   How should each SEA address the requirement in section 427 of the General
         Education Provisions Act (GEPA) in its ARP ESSER State plan?
         • Section 427 of GEPA requires each SEA to include a description of the steps the SEA
            proposes to take to ensure equitable access to, and participation in, its Federally-
            assisted program for students, teachers, and other program beneficiaries with
            special needs. This provision allows applicants discretion in developing the required
            description. The statute highlights six types of barriers that can impede equitable
            access or participation: gender, race, national origin, color, disability, or age. Based
            on local circumstances, you should determine whether these or other barriers may
            prevent your students, teachers, etc. from such access to, or participation in, the
            Federally-funded project or activity.
         • Section 427 is not intended to duplicate the requirements of civil rights statutes,
            but rather to ensure that, in designing their projects, applicants for Federal funds
            address equity concerns that may affect the ability of certain potential
            beneficiaries to fully participate in the project and to achieve to high standards.
            Consistent with program requirements and its approved application, an applicant
            may use the Federal funds awarded to it to eliminate barriers it identifies.
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                        U.S. Department of Education




     Elementary and Secondary
      School Emergency Relief
               (ESSER)
                  &
        Governor’s Emergency
       Education Relief (GEER)
              Programs
           Use of Funds


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                                           U.S. Department of Education


              Overview of ESSER and GEER Funds
     •   Generally, in determining whether an activity is an allowable use of funds, an SEA or LEA
         must determine:
          • Is the use of funds intended to prevent, prepare for, or respond to the COVID-19
             pandemic, including its impact on the social, emotional, mental health, and academic
             needs of students?
          • Does the use of funds fall under one of the authorized uses of ESSER or GEER funds?
          • Is the use of funds permissible under the Uniform Administrative Requirements, Cost
             Principles, and Audit Requirements for Federal Awards (Uniform Guidance, 2 CFR Part
             200)? In particular, is it necessary and reasonable for the performance of the ESSER or
             GEER award?
     •   These Federal emergency resources are available for a wide range of activities to address
         diverse needs arising from or exacerbated by the COVID-19 pandemic, or to emerge
         stronger post-pandemic, including responding to students’ social, emotional, mental
         health, and academic needs and continuing to provide educational services as SEAs, LEAs,
         and schools respond to and recover from the pandemic.



17
                                          U.S. Department of Education


              Overview of ESSER and GEER Funds
     •   Some uses of these funds may be directly focused on health and safety—such as improving
         ventilation and implementing prevention strategies that are, to the extent practicable,
         consistent with the Centers for Disease Control and Prevention (CDC) guidance.
     •   Other allowable uses may be focused on meeting the social, emotional, mental health, and
         academic needs of students. That could be through preventing teacher layoffs; providing
         accelerated learning opportunities; implementing rigorous curricula; funding additional
         school counselors, school nurses, and school psychologists; increasing the number of full-
         service community schools; conducting any activities allowed under a number of Federal
         education programs; and implementing many other allowable uses as illustrated in the
         FAQs.
     •   Allocating resources in ways that advance equity and ensuring they are adequate for
         providing the opportunities and supports students need to succeed are particularly
         important as we recover from the disproportionate impact of the COVID-19 pandemic on
         communities of color and communities experiencing poverty.




18
                                        U.S. Department of Education


                                      Use of Funds
     •   May an SEA pay for general salaries with the funds it reserves to address emergency
         needs?

         •   An SEA may reserve funds to address emergency needs as determined by the SEA (i.e.,
             funds not allocated to LEAs or set aside for mandatory activities under the ARP Act or
             for administration). These funds may be used by the SEA for any of the LEA ESSER
             allowable uses of funds and for other activities related to preventing, preparing for, and
             responding to COVID-19. An SEA might determine, for example, that SEA salaries and
             other supports are an emergency need in response to the COVID-19 pandemic that could
             be covered under these funds. To the extent the salaries are for administering the ESSER
             program, the SEA should use the funds it reserves for administration rather than the
             funds reserved for emergency needs. (FAQ A-12)




19
                                        U.S. Department of Education


                                      Use of Funds
     •   Are educator and school staff salaries allowable expenditures under ARP ESSER?

         •   Yes. An LEA may use ESSER and GEER funds to stabilize and support the educator and
             school staff workforce and to support the conditions that will allow schools to return to
             in-person instruction. This may include using funds to pay teacher and staff salaries
             to avoid layoffs. Funds may also be used to address educator shortages exacerbated by
             the pandemic by hiring new teachers, including expanding student access to a well-
             prepared and diverse educator workforce (FAQ D-1). Funds may also be used to hire
             new counselors, nurses, social workers, and other health support staff to help students
             and staff with their emotional and physical well-being and help students and staff deal
             with the impact of the COVID-19 pandemic. (FAQ D-7)




20
                                       U.S. Department of Education


                                     Use of Funds
     •   May ESSER and GEER funds be used for “premium pay”? Does the guidance from
         U.S. Department of Treasury related to the Coronavirus Relief Fund (CRF) grants
         apply to ESSER and GEER?

         •   Premium pay is an allowable use of ESSER and GEER funds. Premium pay must be
             reasonable and necessary and consistent with 2 CFR § 200.430(f), and given pursuant to
             an established plan (which could be established in response to the COVID-19 pandemic),
             consistent with applicable collective bargaining agreements and other relevant policies
             and requirements. (FAQ D-6)
         •   The U.S. Treasury CRF guidance is not applicable to ESSER and GEER funds.




21
                                       U.S. Department of Education


                                      Use of Funds
     •   May ESSER and GEER funds be used to provide COVID-19 vaccinations to LEA
         teachers, staff, and eligible students?


         •   Yes. Because ESSER and GEER funds may be used to 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, providing
             COVID-19 vaccinations is an allowable use of ESSER and GEER funds.
         •   Allowable vaccination outreach efforts in general could include activities to create
             awareness and build confidence, facilitate clinics, and provide incentives such as paid
             time off for staff to get vaccinated.
         •   In cases where administrative fees are required to obtain a vaccination, ESSER or
             GEER funds may be used to offset the cost as long as the cost is reasonable.




22
                                         U.S. Department of Education


                                       Use of Funds
     •   Can you please provide more information about the new Federal requirement
         around purchasing American goods to the greatest extent possible?

         •    The Buy American Act does not apply to the ESSER or GEER grants. However,
              awards made under the CRRSA Act and ARP Act (i.e., ESSER II, GEER II, and ARP
              ESSER awards) are subject to 2 CFR § 200.322, a new regulation that applies to
              Federal grants made after November 12, 2020. It establishes domestic preferences
              for procurements under Federal grants that are subject to the Uniform Guidance.
              The text of the regulation follows:2 CFR § 200.322 Domestic preferences for
              procurements.
             (a) As appropriate and to the extent consistent with law, the non-Federal entity
                 should, to the greatest extent practicable under a Federal award, provide a
                 preference for the purchase, acquisition, or use of goods, products, or materials
                 produced in the United States (including but not limited to iron, aluminum, steel,
                 cement, and other manufactured products). The requirements of this section
                 must be included in all subawards including all contracts and purchase orders
                 for work or products under this award.
                                                                        (continued on next slide)
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                                       U.S. Department of Education


                                     Use of Funds
     •   Can you please provide more information about the new Federal requirement
         around purchasing American goods to the greatest extent possible? (continued)

         (b) For purposes of this section:
            1)   “Produced in the United States” means, for iron and steel products, that all
                 manufacturing processes, from the initial melting stage through the application
                 of coatings, occurred in the United States.
            2) “Manufactured products” means items and construction materials composed in
                 whole or in part of nonferrous metals such as aluminum; plastics and polymer-
                 based products such as polyvinyl chloride pipe; aggregates such as concrete;
                 glass, including optical fiber; and lumber.
                                                                     (FAQ A-20)




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                                      U.S. Department of Education


                                    Use of Funds
     •   Does the Department or the Uniform Guidance specify a process that a pass-
         through agency (the SEA) must use for granting prior approval to an LEA to use
         ESSER or GEER funds for capital expenditures such as renovation or
         construction that require prior approval?


         •   No. Neither the Uniform Guidance nor the Department’s regulations in 34 CFR Part
             75 require that an SEA use a specific process for granting prior approval for capital
             expenditures such as renovation or construction. An SEA has the flexibility to
             establish its own reasonable process that ensures that the expenditures meet the
             applicable statutory and regulatory requirements including those in Subpart E of
             the Uniform Guidance (2 CFR Part 200).

                                                                      (continued on next slide)




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                                     U.S. Department of Education


                                   Use of Funds
     (continued) For example, an SEA could:
        • Use or modify the current procedures that it already uses for prior approval
          categories for other Federal programs under the Uniform Guidance.
        • Consider getting a building expert (engineer, inspector, architect) who knows
          applicable State, local, and Federal requirements to assist with its review of prior
          approval requests. The expert could be acquired on a limited basis through
          procurement or perhaps an interagency agreement with another State agency,
          such as a Public Works office or another agency with authority over facilities.
        • Consult with other States that have facilities programs for suggestions on how to
          implement an efficient process for prior approvals for facilities expenditures.
        • Develop a checklist of items that an LEA seeking prior approval should provide.
          This could include:
           • The name of the school facility the LEA is proposing to repair, construct, or
             modernize.
           • The identification of the LEA’s interest in, or authority over, the school facility
             involved, such as an ownership interest or a lease arrangement.
           • Sources and amounts of funds available for the proposed project.
                                                                          (continued on next slide)
26
                                   U.S. Department of Education


                                 Use of Funds
     (continued) Develop a checklist of items that an LEA seeking prior approval should
     provide. This could include:
        • A statement signed by an appropriate independent local official that: (1) the
          renovation or construction project meets the applicable Federal, State, or local
          requirements with respect to health and safety, environmental standards, Historic
          Preservation, and other requirements (see FAQ B-6 and 34 CFR Part 75) and (2)
          any deficiency that requires renovation or construction is necessary (e.g., because
          it threatens the health and safety of occupants of the facility or prevents the use
          of the facility). An appropriate local official may include a local building inspector,
          a licensed architect, or a licensed structural engineer.
        • A description of the need for funds as related to COVID-19 including a cost
          estimate and other details needed to support the reasonableness and allowability
          of the expenditure under the applicable statute ARP Act and cost principles in the
          Uniform Guidance (e.g., the original construction date and the dates and
          descriptions of any other major renovations of the school facility).
        • Applicable assurances and certifications (see FAQ B-6 for applicable
          requirements that must be met for any renovation or construction project).


27
                                           U.S. Department of Education


                                         Use of Funds
     •   May an LEA use ESSER or GEER funds to purchase land? The LEA would like to
         purchase land so it can build a new school to increase capacity, reduce the strain
         on facilities, and create better learning environments?
         •   An LEA may use ESSER or GEER funds, after seeking prior written approval from its SEA, to
             buy land, but there are a number of requirements and considerations that an LEA should be
             aware of before deciding to use these funds for that purpose. In particular, 34 CFR 75.603
             requires that the LEA has full title or other interest and access to the site that will ensure
             access for fifty years or the useful life of the project, whichever is longer. Buying the
             underlying land with Federal funds will also trigger a long relationship with the Federal
             government and if ESSER or GEER funds are used, the LEA will be required to consult with
             the Department on disposition instructions in the event that the property purchased with
             Federal funds is no longer needed before the useful life ends. (See, e.g., 2 CFR §§ 200.310-
             200.313.)
         •   In determining whether to grant prior written approval to an LEA to use ESSER or GEER
             funds to purchase land, an SEA should consider the LEA’s planned immediate uses for the
             land to determine the necessity and reasonableness of the purchase. Note that if the LEA
             is planning to use the land for construction, the SEA should consider whether to grant prior
             approval of the land purchase along with the construction project.

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                                       U.S. Department of Education


                                     Use of Funds
     •   May ESSER or GEER funds be used to cover expenses related to providing food
         services to students, including costs related to meeting expanded federal food
         service requirements?

         •   Typically, an LEA has other means of providing for food services, such as through the
             U.S. Department of Agriculture (USDA) or other Federal programs. As a result, the
             Department encourages LEAs to use those Federal funds with the specific purpose of
             providing food services to students prior to using ESSER or GEER funds for this purpose.
             However, if additional funds are necessary or such funding is not available, an LEA may
             use ESSER or GEER funds to provide meals. For example, ESSER or GEER funds could be
             used to increase the staff capacity and cover additional labor costs associated with
             serving meals to students during the pandemic, or for supporting COVID-19 pandemic-
             related expenses, such as school meal service equipment/supplies, meal packaging, and
             transportation services. (FAQ C-16)




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                                      U.S. Department of Education


                                    Use of Funds
     •   Is it allowable to use ESSER or GEER funds to provide pre-kindergarten programs
         outside of school hours?

         •   Yes. ESSER and GEER funds may be used for planning and implementing activities
             related to summer learning and enrichment and supplemental after-school programs,
             including during the summer months (#15 of FAQ A-3). This could include providing
             services to students in pre-K.

                                                                       (continued on next slide)




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                                         U.S. Department of Education


                                       Use of Funds
     •   Is it allowable to use ESSER and GEER funds to provide pre-kindergarten
         programs outside of school hours? (continued)
          • FAQ C-20 explains that ESSER and GEER funds may be used for a pre-
               kindergarten or other early childhood program.
              • Because an early childhood education program is an allowable use of funds
                  under the ESEA and IDEA, it is allowable under ESSER and GEER. An “early
                  childhood education program” is (1) a Head Start program or an Early Head
                  Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.),
                  including a migrant or seasonal Head Start program, an Indian Head Start
                  program, or a Head Start program or an Early Head Start program that also
                  receives State funding; (2) a State licensed or regulated child care program; or
                  (3) a program that serves children from birth through age six that addresses
                  the children’s cognitive (including language, early literacy, and early
                  mathematics), social, emotional, and physical development; and is either: a
                  State prekindergarten program; a program authorized under section 619 or
                  Part C of the IDEA (see FAQ C-5); or a program operated by an LEA (See
                  section 8101(16) of the ESEA). In addition, ESSER funds may be used for other
                  activities that are necessary to maintain the operation of and continuity of
                  services in LEAs and continuing to employ existing staff of the LEA. As a result,
                  ESSER and GEER funds could be used to prevent layoffs or service cuts to
                  existing LEA early childhood education programs.
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                                     U.S. Department of Education


                                    Use of Funds
     •   What kinds of summer programs may ESSER and GEER funds support?

         •   ESSER and GEER funds may provide broad support for summer learning and
             enrichment programs. Given that this summer affords students a critical opportunity,
             LEAs should consider a variety of options for procuring summer services with ESSER
             and GEER funds, including programs run by non-profit or community organizations
             as well as those run by the LEA.
         •   Effective summer programming can address students’ social, emotional, mental
             health, and academic needs through a combination of activities that include strong
             partnerships with community-based organizations and other summer providers,
             including summer camps. These partnerships can help to sustain these programs and
             can also support programs in rural and remote communities.


                                                                    (continued on next slide)




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                                     U.S. Department of Education


                                   Use of Funds
     •   What kinds of summer programs may ESSER and GEER funds support? (continued)

         •   States and LEAs should maximize enrollment in summer programs, with a particular
             focus on underserved students and students most impacted by the COVID-19
             pandemic, including providing transportation and meal services. Programs should
             target students of all ages, including high school students, and can include work-
             based or service-learning opportunities or summer bridge programs to support
             successful educational transitions.
         •   FAQ C-25 contains additional material in response to this question.




33
                                      U.S. Department of Education


                                    Use of Funds
     •   May ESSER and GEER funds be used for summer job or service-learning programs
         for high school students?

         •   Yes. As part of State and LEA efforts to mitigate lost instructional time due to the
             COVID-19 pandemic, ESSER and GEER funds may be used to support summer
             learning and enrichment programs that provide training, work-based learning, and
             jobs to high school students.
         •   Funds may be used both to support the training that high school students receive and
             to supplement the pay provided to students by employers that participate in the
             summer jobs program.
         •   Funds may also be used to support service learning or other volunteer opportunities
             for high school students. (FAQ C-26)




34
                                       U.S. Department of Education


                                      Use of Funds
     •   Do Federal procurement requirements permit noncompetitive procurements, if
         necessary, to enable an SEA or LEA to use ARP ESSER funds to operate a summer
         enrichment program in 2021?

         •   Yes. Under the Uniform Guidance in 2 CFR § 200.317, an SEA, “[w]hen procuring
             property and services under a Federal award, must follow the same policies and
             procedures it uses for procurements from its non-Federal funds.” Thus, an SEA is
             authorized under the Uniform Guidance to use any authority provided for in its State
             procurement policies and procedures that allows for noncompetitive procurements.
             For example, if an SEA has flexibility under its State procurement procedures to
             allow a sole source contract, particularly during an emergency such as the COVID-19
             pandemic, the SEA may procure contracts with ARP ESSER funds in accordance
             with that flexibility.
         •   Separate requirements apply to LEAs. FAQ C-27 contains information about those
             requirements and other additional material in response to this question.



35
                                      U.S. Department of Education


                                     Use of Funds
     •   How may an LEA use ESSER and GEER funds to specifically support high school
         seniors?

         •   ESSER and GEER funds may be used to assist high school seniors with post-high
             school planning, including the additional costs to schools of providing these supports
             to students in a fully in-person, hybrid, or remote environment.
         •   For example, ESSER and GEER funds may be used to pay college application fees for
             low-income students or to support the salaries of additional guidance counselors to
             assist students with exploring options for careers and postsecondary study, navigating
             the college application process, completing the Free Application for Federal Student
             Aid (FAFSA), and conducting parental and student information sessions.

                                                                     (continued on next slide)




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                                      Use of Funds
     •   How may an LEA use ESSER and GEER funds to specifically support high school
         seniors? (continued)

         •   Funds may also be used for stipends or incentives for educators taking on additional
             responsibilities to provide post-high school planning for high school seniors, consistent
             with 2 CFR § 200.430(f) (i.e., incentive pay is given pursuant to an established plan,
             which could be established in response to the COVID-19 pandemic). Funds may also be
             used to support summer bridge programs to help students make the successful
             transition to postsecondary education, training, pre-apprenticeship, registered
             apprenticeship, or other career pathway programs.
         •   Finally, ESSER and GEER funds may be used for transition services for high school
             seniors with an IEP to facilitate their transition from school to post-school activities.




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                                       U.S. Department of Education


                                     Use of Funds
     •   May an LEA use ESSER and GEER funds to support students who graduated high
         school in the class of 2020 (and students who will graduate in 2021) who have not
         yet successfully transitioned to college or careers?

         •   Yes. Consistent with Perkins V, an LEA may use ESSER and GEER funds to support
             former students who graduated high school in the class of 2020 or who will graduate
             in 2021 (i.e., during the pandemic) but have not yet successfully transitioned to college
             or careers.
         •   For example, an LEA may provide college or career counseling, assistance with college
             applications or entry into job training programs, job training, post-secondary
             counseling and related services, including for associate and baccalaureate degree
             programs, and financial literacy.




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                                     Use of Funds
     •   May an SEA or LEA consolidate the ARP ESSER funds it reserves for
         administration with its other consolidated administrative funds (similar to
         ESSER I and ESSER II)?

         •   Yes. Sections 8201(a) and 8203(a) of the ESEA permit an SEA and LEA,
             respectively, to consolidate administrative funds under certain ESEA programs.
             The Secretary may designate additional programs from which administrative
             funds may be consolidated.
         •   Under that authority, the Department designated ESSER I, ESSER II, ARP ESSER,
             GEER I, and GEER II funds and the Emergency Assistance to Non-Public Schools
             (EANS) program as programs under which an SEA or LEA, as applicable, may
             consolidate administrative funds.
         •   An LEA may consolidate administrative funds under the ESSER I, ESSER II, ARP
             ESSER, GEER I, and GEER II funds with the approval of the SEA to administer the
             programs included in the consolidation and, as is the case with the consolidated
             State administrative funds, for administrative activities designed to enhance the
             effective and coordinated use of funds under programs included in the
             consolidation. (FAQ E-7)
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                     U.S. Department of Education




     Additional Questions




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                                   U.S. Department of Education


                                    Resources
     Visit the following URLs for more information
     •   ARP ESSER: https://oese.ed.gov/offices/american-rescue-plan/american-rescue-
         plan-elementary-and-secondary-school-emergency-relief
     •   Maintenance of Effort requirements: https://oese.ed.gov/files/2021/04/MOE-
         Chart_with-waiver-FAQs_FINAL_4.21.21Update.pdf
     •   ESSER and GEER Use of Funds:
         https://oese.ed.gov/files/2021/05/ESSER.GEER_.FAQs_5.26.21_745AM_FINALb0
         cd6833f6f46e03ba2d97d30aff953260028045f9ef3b18ea602db4b32b1d99.pdf




41
                             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.




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