The Secretary of Education to the Honorable Marge Vandeven — Missouri (October 5, 2021)

Summary

Letter dated October 5, 2021 from the Secretary of Education to Commissioner of Education Marge Vandeven of the Missouri Department of Elementary and Secondary Education, approving Missouri's American Rescue Plan ESSER State plan with a condition. The letter says Missouri indicated it had not yet identified evidence-based interventions required under section 2001(f) of the ARP Act, so approval is conditioned on amending the plan and providing a progress update within 30 days. It says the Department understands the Missouri General Assembly had not yet granted authority to award ARP ESSER funds to local educational agencies and that the delay raises significant concerns. The Department will immediately release the remaining one-third of the State's allocation. The letter is signed /s/ Miguel A. Cardona, Ed.D.

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                                       THE SECRETARY OF EDUCATION
                                            WASHINGTON, DC 20202




                                            October 5, 2021


The Honorable Marge Vandeven
Commissioner of Education
Missouri Department of Elementary and Secondary Education
205 Jefferson Street, Sixth Floor
Jefferson City, MO 65101

Dear Commissioner Vandeven:

I am pleased to approve Missouri’s American Rescue Plan Elementary and Secondary School
Emergency Relief (ARP ESSER) State plan. This plan, together with the unprecedented funding
available under ARP ESSER, will help ensure that districts and schools in your State can
continue to reopen safely; support sustained access to in-person instruction; and address the
social, emotional, mental health, and academic needs of students due to the impact of the
coronavirus pandemic (COVID-19), particularly those students most impacted by the pandemic.

Except as described below, Missouri’s plan is consistent with all ARP ESSER statutory and
regulatory requirements and addresses all of the ARP ESSER State plan elements. This letter,
along with Missouri’s approved ARP ESSER State plan, will be posted on the U.S. Department
of Education’s (Department’s) website, and the Department will immediately release the
remaining one-third of your State’s ARP ESSER allocation for your use.

In its ARP ESSER State plan, a State educational agency (SEA) must describe how it will use the
funds it reserves under sections 2001(f)(1)-(3) of the ARP Act on evidence-based interventions to
address: (1) the academic impact of lost instructional time, (2) summer learning and enrichment
programs, and (3) comprehensive afterschool programs; and must describe how the interventions
it identifies will address the disproportionate impact of COVID-19 on certain groups of students.
In its ARP ESSER State plan, Missouri indicated that it has not yet identified its interventions.
As a result, this approval is conditioned on Missouri amending its ARP ESSER State plan to
provide the requisite descriptions to meet the requirements in section D.1.i-iii,
D.2.i-iii, and D.3.i-iii of the ARP ESSER State plan template. In addition, Missouri must provide
an update on its progress selecting evidence-based interventions to meet these requirements
within 30 days of receipt of this letter, and additional updates as required by the Department.

It is the Department’s understanding that the Missouri General Assembly has not yet granted the
Missouri Department of Elementary and Secondary Education authority to award ARP ESSER
funds to its local educational agencies (LEAs). Please note that an SEA is required by the ARP
Act to make allocations to LEAs in an expedited and timely manner and, to the extent
practicable, not later than 60 days after it received the funds from the Department. The delay in
awarding ARP ESSER funds to LEAs in Missouri raises significant concerns because of the
Page 2 – The Honorable Marge Vandeven


unnecessary uncertainty it is creating for districts across the State and because it is hindering
their ability to confidently plan for how to use these funds to address the needs of students.

As part of the ARP ESSER State plan, each State assured that it would provide the
Department the URLs for information related to ARP ESSER requirements. First, by June 21,
2021, each State was required to post publicly on its website, for the most recent time
period available, data on mode of instruction and enrollment for all students, disaggregated
by student subgroups. The State assured that it would provide to the Department the URL(s)
where the public can readily find this data. The Department will follow up separately with you
regarding this requirement, if necessary. Second, your State assured that it would provide to the
Department the URL(s) for the SEA and/or LEA websites where the public can find the LEA
plans for: (a) the safe return to in-person instruction and continuity of services; and (b) use of
ARP ESSER funds. Please submit the URL or URLs to the Department via email to
your State mailbox at Missouri.OESE@ed.gov.

Please be aware that approval of Missouri’s ARP ESSER State plan is not a determination that
all the information included in the State plan complies with Federal civil rights requirements,
including Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of
1972, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities
Act, and requirements under the Individuals with Disabilities Education Act. It is Missouri’s
responsibility to comply with these civil rights requirements.

The Department is committed to working in partnership with your State so that your ARP
ESSER funds are quickly put to work to ensure students have sustained access to in-person
instruction as well as the comprehensive supports they need to recover fully from the impacts of
the COVID-19 pandemic. As you implement this plan, we expect you to continue meaningfully
engaging with stakeholders and the public and revising your plan, as necessary, to best meet the
needs of students, parents, and educators. Ongoing engagement with all stakeholders is vital to
ensuring that implementation of your plan is transparent, effective, equitable, inclusive, and best
meets the needs of your State. The thoughtful, evidence-based, and timely use of ARP ESSER
funds will have a lasting impact on our Nation’s schools and help to address the inequities in
resources, services, and opportunities available to our students.


                                       Sincerely,

                                       /s/

                                       Miguel A. Cardona, Ed.D.


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