The Secretary of Education to the Honorable Sydnee Dickson — Utah (July 7, 2021)

Summary

Letter dated July 7, 2021 from the Secretary of Education to Superintendent of Public Instruction Sydnee Dickson of the Utah State Office of Education, approving Utah's American Rescue Plan ESSER State plan with a condition. The letter says Utah indicated it had not yet identified evidence-based interventions to address the academic impact of lost instructional time, so approval is conditioned on amending the plan and providing a progress update within 30 days. It says the Department will immediately release the remaining one-third of the State's ARP ESSER allocation. It asks the State to provide URLs for data on mode of instruction and enrollment and for local plans, and says approval is not a determination of compliance with Federal civil rights requirements.

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                                        THE SECRETARY OF EDUCATION
                                             WASHINGTON, DC 20202




                                               July 7, 2021


The Honorable Sydnee Dickson
Superintendent of Public Instruction
Utah State Office of Education
P.O. Box 144200
Salt Lake City, UT 84114-4200

Dear Superintendent Dickson,

I am pleased to approve Utah’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 throughout the
summer and into next school year; 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, Utah’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 Utah’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 section 2001(f)(1) of the ARP Act on evidence-based interventions to
address the academic impact of lost instructional time 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, Utah indicated that it has not yet identified its interventions. As a
result, this approval is conditioned on Utah amending its ARP ESSER State plan to provide the
requisite description to meet the requirements in section D.1.i-iii. of the ARP ESSER State plan
template. In addition, Utah must provide an update on its progress selecting evidence-based
interventions to meet requirements within 30 days of receipt of this letter, and additional updates
as required by the Department.

As part of the ARP ESSER State plan, each State assured that it would provide the
Department the URL(s) 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 local educational agency (LEA) websites where the
Page 2 – The Honorable Sydnee Dickson
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 Utah.OESE@ed.gov.

Please be aware that approval of Utah’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 Utah’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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