ARP ESSER SEA Application Template

State Plan for the

American Rescue Plan Elementary and Secondary School Emergency Relief Fund

U.S. Department of Education

Issued: April 21, 2021

OMB Number: 1810-

Expiration Date:

Introduction

The American Rescue Plan Elementary and Secondary School Emergency Relief (“ARP ESSER”) Fund, authorized under the American Rescue Plan (“ARP”) Act of 2021, provides nearly $122 billion to States to support the Nation’s schools in safely reopening and sustaining safe operations of schools while meeting the academic, social, emotional, and mental health needs of students resulting from the coronavirus disease 2019 (“COVID-19”) pandemic. It is particularly important that ARP ESSER funding will enable States and local educational agencies (“LEAs”), and more directly schools, to support students who have been most severely impacted by the COVID-19 pandemic and are likely to have suffered the most because of longstanding inequities in our communities and schools that have been exacerbated by the COVID-19 pandemic.

The U.S. Department of Education (“Department”) is committed to working in partnership with States so that these unprecedented resources are quickly put to work to ensure students have sustained access to in-person instruction and that the resources are used to provide the effective support students need as they persist through and recover from the impacts of the COVID-19 pandemic. The thoughtful and timely use of these 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.

This template presents an opportunity for States to share their plans for the use of ARP ESSER funds with the public. The Department must approve a State educational agency’s (“SEA’s”) plan in order to make the State’s remaining ARP ESSER allocation available for use. Please note that the Department intends to issue ARP ESSER reporting requirements separately.

Instructions

Each SEA must provide descriptions and other information that address each requirement listed below. An SEA may use this template or another format as long as every item and element is addressed in the SEA’s response. Throughout this document, questions that refer to an SEA’s ARP ESSER funding are referencing the total allocation to be received by the SEA, including that which it allocates to its LEAs.

Each SEA must submit to the Department by June 7, 2021, either: (1) its ARP ESSER plan or (2) the State requirements that preclude submission of the plan by that date and a date by which it will be able to submit its complete ARP ESSER plan.

To submit the SEA’s plan, please email the plan to your Program Officer at [State][email protected] (e.g., [email protected]).

In order to ensure transparency, the Department will post each plan on the Department’s website when it is received and will indicate each plan’s approval status.

This template also allows States to fulfill the requirement of the Coronavirus Response and Relief Supplemental Appropriations (“CRRSA”) Act ESSER II 6-month reporting requirement in section 313(f) of the CRRSA Act.

Cover Page

Grantee and Contact Information

ARP ESSER PR Award Number (e.g., S425U2100XX):

SEA Contact:

Telephone:

Email address:

By signing this document, I agree to each of the assurances listed in Appendix C and further assure that: To the best of my knowledge and belief, all information and data included in this plan are true and correct.
Chief State School Officer or Authorized Representative (Printed Name)
Signature of Authorized SEA Representative	Date:

1. Describing the State’s Current Status and Needs

The Department recognizes the extraordinary efforts made by States, LEAs, and educators to support students during the COVID-19 pandemic. In this section, SEAs will describe the progress they have made, the priorities and student needs guiding their ARP ESSER funding decisions, and their current and projected operating status.

1. Progress and Promising Practices: Provide your assessment of the top 2-3 strategies that have been most effective in supporting the needs of students in your State during the COVID-19 pandemic, especially for students most impacted by the COVID-19 pandemic. Please include, if applicable, how your State will submit and encourage its LEAs to submit lessons learned and best practices to the Department’s Safer Schools and Campuses Best Practices Clearinghouse so that they can be shared with other States and LEAs.

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2. Overall Priorities: Provide your assessment of the top 2-3 issues currently facing students and schools across your State as a result of or in response to the COVID-19 pandemic including, to the extent possible, data illustrating why these are the most critical and/or most widespread issues facing schools and students.

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3. Identifying Needs of Underserved Students: Describe your State’s 2-3 highest priority academic, social, emotional, and/or mental health needs for the remainder of the 2020-2021 school year (if applicable) and for the 2021-2022 school year related to the impact of the COVID-19 pandemic on each of the following student groups:

   1. Students from low-income families,

   2. Students from each racial or ethnic group (e.g., identifying disparities and focusing on underserved student groups by race or ethnicity),

   3. Gender (e.g., identifying disparities and focusing on underserved student groups by gender),

   4. English learners,

   5. Children with disabilities (including infants, toddlers, children, and youth with disabilities eligible under the Individuals with Disabilities Education Act (“IDEA”)),

   6. Students experiencing homelessness,

   7. Children and youth in foster care,

   8. Migratory students, and

   9. Other groups disproportionately impacted by the pandemic that have been identified by the SEA (e.g., youth involved in the criminal justice system, students who have missed the most in-person instruction during the 2019-2020 and 2020-2021 school years, students who did not consistently participate in remote instruction when offered during school building closures, and LGBTQ+ students).

To the extent possible, this description should include data on indicators such as estimates of the academic impact of lost instructional time,¹ chronic absenteeism, student engagement, and social-emotional well-being.

Complete the table below, adding rows as necessary, or provide a narrative description.

Table A1.

Student group	Highest priority needs
Students from low-income families
Students from each racial or ethnic background used by the State for reporting purposes – please add a row for each racial or ethnic group (e.g., identifying disparities and focusing on underserved student groups by race/ethnicity)
Students by gender – please add a row for each gender (e.g., identifying disparities and focusing on underserved student groups by gender)
English learners
Children with disabilities
Students experiencing homelessness
Children and youth in foster care
Migratory students
Other groups of students identified by the State (e.g., youth involved in the criminal justice system, students who have missed the most in-person instruction during the 2019-2020 and 2020-2021 school years, students who did not consistently participate in remote instruction when offered during school building closures, LGBTQ+ students)

4. Understanding the Impact of the COVID-19 Pandemic: Describe how the SEA will support its LEAs in identifying the extent of the impact of the COVID-19 pandemic on student learning and student well-being, including identifying the groups of students most impacted by the pandemic. Where possible, please identify the data sources the SEA will suggest its LEAs use in thoughtfully diagnosing areas of need, including data on the academic, social, emotional, and mental health impacts of lost instructional time.

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5. School Operating Status: It is essential to have data on how students are learning in order to support the goals of access and equity, especially for student groups that have been disproportionately impacted by the COVID-19 pandemic. Describe the current status of data collection on operational status and mode of instruction of all schools in your State. This description must include:

   1. A description of to what extent, and how frequently, the State collects now and will collect in the future data for all schools in your State on:

      1. Mode of instruction: The number of schools in your 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;

      2. 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

      3. 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.

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2. The data described in A.5.i.a. and b. using the template in Appendix A (and to the extent available, the data described in A.5.i.c.) for the most recent time period available. Please note that this data can be submitted separately within 14 calendar days after a State submits this plan. The SEA must also make this data publicly available on its website as soon as possible but no later than June 21, 2021, and regularly provide updated available information on its website. The Department will periodically review data listed in A.5.i on SEA websites.

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3. To the extent available, a description of the planned operational status and mode of instruction for the State and its LEAs for Summer 2021 and for the 2021-2022 school year.

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2. Safely Reopening Schools and Sustaining their Safe Operations

The Department recognizes that safely reopening schools and sustaining their safe operations to maximize in-person instruction is essential for student learning and student well-being, and especially for being able to address the educational inequities that have been worsened by the COVID-19 pandemic. In this section, SEAs will describe how they will support their LEAs in this vital area.

1. Support for LEAs: Describe how the SEA will support its LEAs in safely returning to in-person instruction and sustaining the safe operation of schools. This description must include:

   1. How the SEA will support its LEAs implementing, to the greatest extent practicable, prevention and mitigation policies in line with the most up-to-date guidance from the Centers for Disease Control and Prevention (“CDC”) for the reopening and operation of school facilities to effectively maintain the health and safety of students, educators, and other staff;

Complete the table below, adding rows as necessary, or provide a narrative description.

Table B1.

Mitigation strategy	SEA response
Universal and correct wearing of masks
Physical distancing (e.g., including use of cohorts/podding)
Handwashing and respiratory etiquette
Cleaning and maintaining healthy facilities, including improving ventilation
Contact tracing in combination with isolation and quarantine, in collaboration with the State, local, territorial, or Tribal health departments
Diagnostic and screening testing
Efforts to provide vaccinations to educators, other staff, and students, if eligible
Appropriate accommodations for children with disabilities with respect to the health and safety policies

2. Any Statewide plans, policies, estimated timelines, and specific milestones related to reopening and operation of school facilities, including any mechanisms the SEA will use to track, monitor, or enforce their implementation;

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3. To what extent the SEA and its LEAs consult with Federal, State, and local health officials. This description should include, if available, whether the SEA and its LEAs have received support for screening testing from their State or local health department based on funding awarded by the CDC; and

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4. Any guidance, professional learning, and technical assistance opportunities the SEA will make available to its LEAs.

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2. Safe Return to In-Person Instruction and Continuity of Services Plans: Describe how the SEA will ensure that its LEAs that receive ARP ESSER funds meet the requirements in section 2001(i) of the ARP Act and the requirements relating to the ARP ESSER funds published in the Federal Register and available at https://oese.ed.gov/offices/american-rescue-plan/american-rescue-plan-elementary-and-secondary-school-emergency-relief/ (ARP ESSER requirements) to either: (a) within 30 days of receipt of the funds, develop and make publicly available on the LEA’s website a plan for the safe return to in-person instruction and continuity of services, or (b) have developed and made publicly available on the LEA’s website such a plan that meets statutory requirements before the enactment of the ARP Act, including:

   1. How the SEA will ensure that each LEA plan includes, or will be modified to include, the extent to which it has adopted policies and a description of any such policies on each of the strategies listed in table B1;

   2. How the SEA will ensure that each LEA plan describes how it will ensure continuity of services including but not limited to services to address the students’ academic needs, and students’ and staff social, emotional, mental health, and other needs, which may include student health and food services;

   3. How the SEA will ensure that the LEA periodically reviews, no less frequently than every six months for the duration of the ARP ESSER grant period (i.e., through September 30, 2023),² and revises as appropriate, its plan, and how the SEA will ensure that the LEA seeks public input, and takes such input into account on (1) whether revisions are necessary and, if so, (2) the revisions to the plan; and

   4. Describe, to the extent the SEA collects it, information about LEA implementation, to the greatest extent practicable, of each element of the most up-to-date CDC guidance listed in table B1 and its LEAs’ needs for support and technical assistance to implement strategies consistent, to the greatest extent practicable, with relevant CDC guidance.

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3. Planning for the Use and Coordination of ARP ESSER Funds

The Department recognizes that seeking input from diverse stakeholders is essential to developing plans for the use of ARP ESSER funds that are responsive to the needs of students, families, and educators. In this section, SEAs will describe their plans for consultation and for coordinating the use of ARP ESSER funds with other resources to meet the needs of students.

1. SEA Consultation: Consistent with the ARP ESSER requirements, describe how the SEA engaged in meaningful consultation with stakeholders, and incorporated input into its plan, including, but not limited to:

   1. students;

   2. families;

   3. Tribes (if applicable);

   4. civil rights organizations (including disability rights organizations);

   5. school and district administrators (including special education administrators);

   6. superintendents;

   7. charter school leaders (if applicable);

   8. teachers, principals, school leaders, other educators, school staff, and their unions; and

   9. stakeholders representing the interests of children with disabilities, English learners, children experiencing homelessness, children and youth in foster care, migratory students, children who are incarcerated, and other underserved students.

The description 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.

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2. Coordinating Funds: Describe to what extent the SEA has and will coordinate Federal COVID-19 pandemic funding and other Federal funding. This description must include:

   1. How the SEA and its LEAs 1) are using or have used prior to the submission of this plan and 2) plan to use following submission of this plan, Federal COVID-19 funding under the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act and the CRRSA Act to support a safe return to and safely maximize in-person instruction, sustain these operations safely, and address the disproportionate impact of the COVID-19 pandemic on individual student groups (including students from low-income families, children with disabilities, English learners, racial or ethnic minorities, students experiencing homelessness, children and youth in foster care, and migratory students);

Complete the table below or provide a narrative description.

Table C1.

Funding source	Prior/current SEA and LEA uses (including funding amounts, if applicable)	Planned SEA and LEA uses (including funding amounts, if applicable)
ESSER I (CARES Act)
GEER I (CARES Act)
ESSER II (CRRSA Act)
GEER II (CRRSA Act)

2. To what extent ESSER I and ESSER II funds have been awarded to LEAs and, if funds have not yet been made available to LEAs, when they will be. In addition, please provide any available information on the total dollar amounts of ESSER I and ESSER II funds that have been obligated but not expended by the SEA and its LEAs, including whether the SEA is able to track LEA obligations.

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3. In supporting LEAs as they plan for the safe return to and continuity of in-person instruction and for meeting the academic, social, emotional, and mental health needs of students resulting from the COVID-19 pandemic, the extent to which the SEA is also using other Federal funding sources including but not limited to under the Elementary and Secondary Education Act of 1965 (“ESEA”), IDEA, Workforce Innovation and Opportunity Act (“WIOA”), funding for child nutrition services, and McKinney-Vento Homeless Assistance Act, and the funds to support the needs of students experiencing homelessness provided by section 2001(b)(1) of the ARP Act.³

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4. Maximizing State-Level Funds to Support Students

The Department recognizes that States have an extraordinary opportunity to address the disproportionate impact of the COVID-19 pandemic on underserved students through the ARP Act’s required State set-asides to address the academic impact of lost instructional time, provide summer learning and enrichment programs, and provide comprehensive afterschool programs. In this section, SEAs will describe their evidence-based strategies for these resources.

1. Academic Impact of Lost Instructional Time: Describe how the SEA will use the funds it reserves under section 2001(f)(1) of the ARP Act (totaling not less than 5 percent of the State’s total allocation of ARP ESSER funds) on evidence-based interventions to address the academic impact of lost instructional time by supporting the implementation of evidence-based interventions, such as summer learning or summer enrichment, extended day, comprehensive afterschool programs, or extended school year programs, and ensure that such interventions respond to students’ academic, social, emotional, and mental health needs. The description must include:

   1. A description of the evidence-based interventions (e.g., providing intensive or high-dosage tutoring, accelerating learning) the SEA has selected, and the extent to which the SEA will evaluate the impact of those interventions on an ongoing basis to understand if they are working;

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2. How the evidence-based interventions will specifically address the disproportionate impact of COVID-19 on certain groups of students, including each of the student groups listed in question A.3.i.-viii. When possible, please indicate which data sources the SEA will use to determine the impact of lost instructional time; and

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3. The extent to which the SEA will use funds it reserves to identify and engage 1) students who have missed the most in-person instruction during the 2019-2020 and 2020-2021 school years; and 2) students who did not consistently participate in remote instruction when offered during school building closures.

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2. Evidence-Based Summer Learning and Enrichment Programs: Describe how the SEA will use the funds it reserves under section 2001(f)(2) of the ARP Act (totaling not less than 1 percent of the State’s total allocation of ARP ESSER funds) for evidence-based summer learning and enrichment programs, including those that begin in Summer 2021, and ensure such programs respond to students’ academic, social, emotional, and mental health needs. The description must include:

   1. A description of the evidence-based programs that address the academic, social, emotional, and mental health needs of students (e.g., providing intensive or high-dosage tutoring, accelerating learning) the SEA has selected, and the extent to which the SEA will evaluate the impact of those programs;

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2. How the evidence-based programs will specifically address the disproportionate impact of COVID-19 on certain groups of students, including each of the student groups listed in question A.3. i.--viii. When possible, please indicate which data sources the SEA will use to identify students most in need of summer learning and enrichment programs; and

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3. The extent to which the SEA will use funds it reserves to identify and engage 1) students who have missed the most in-person instruction during the 2019-2020 and 2020-2021 school years; and 2) students who did not consistently participate in remote instruction when offered during school building closures.

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3. Evidence-Based Comprehensive Afterschool Programs: Describe how the SEA will use the funds it reserves under section 2001(f)(3) of the ARP Act (totaling not less than 1 percent of the State’s total allocation of ARP ESSER funds) for evidence-based comprehensive afterschool programs (including, for example, before-school programming), and ensure such programs respond to students’ academic, social, emotional, and mental health needs. The description must include:

   1. A description of the evidence-based programs (e.g., including partnerships with community-based organizations) the SEA has selected, and the extent to which the SEA will evaluate the impact of those programs;

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2. How the evidence-based programs will specifically address the disproportionate impact of COVID-19 on certain groups of students, including each of the student groups listed in question A.3.i.-viii. When possible, please indicate which data sources the SEA will use to identify students most in need of comprehensive afterschool programming; and

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3. the extent to which the SEA will use funds it reserves to identify and engage 1) students who have missed the most in-person instruction during the 2019-2020 and 2020-2021 school years; and 2) students who did not consistently participate in remote instruction when offered during school building closures.

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4. Emergency Needs: If the SEA plans to reserve funds for emergency needs under section 2001(f)(4) of the ARP Act to address issues responding to the COVID-19 pandemic, describe the anticipated use of those funds, including the extent to which these funds will build SEA and LEA capacity to ensure students’ and staff’s health and safety; to meet students’ academic, social, emotional, and mental health needs; and to use ARP ESSER funds to implement evidence-based interventions.

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5. Supporting LEAs in Planning for and Meeting Students’ Needs

The Department recognizes that the safe return to in-person instruction must be accompanied by a focus on meeting students’ academic, social, emotional, and mental health needs, and by addressing the opportunity gaps that existed before – and were exacerbated by – the pandemic. In this section, SEAs will describe how they will support their LEAs in developing high-quality plans for LEAs’ use of ARP ESSER funds to achieve these objectives.

1. LEA Plans for the Use of ARP ESSER Funds: Describe what the SEA will require its LEAs to include in LEA plans consistent with the ARP ESSER requirements for the use of ARP ESSER funds, how the SEA will require such plans to be made available to the public, and the deadline by which the LEA must submit its ARP ESSER plan (which must be a reasonable timeline and should be within no later than 90 days after receiving its ARP ESSER allocation). The LEA plans must include, at a minimum:

   1. The extent to which and how the funds will be used to implement prevention and mitigation strategies that are, to the greatest extent practicable, in line with the most recent CDC guidance, in order to continuously and safely operate schools for in-person learning;

   2. How the LEA will use the funds it reserves under section 2001(e)(1) of the ARP Act (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 afterschool programs, or extended school year programs;

   3. How the LEA will spend its remaining ARP ESSER funds consistent with section 2001(e)(2) of the ARP Act; and

   4. 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.

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2. LEA Consultation: Describe how the SEA will, in planning for the use of ARP ESSER funds, ensure that, consistent with the ARP ESSER requirements], its LEAs engage in meaningful consultation with stakeholders, including, but not limited to:

   1. students;

   2. families;

   3. school and district administrators (including special education administrators); and

   4. teachers, principals, school leaders, other educators, school staff, and their unions.

The LEA must also engage in meaningful consultation with each of the following to the extent present in or served by the LEA:

1. Tribes;

2. civil rights organizations (including disability rights organizations); and

3. stakeholders representing the interests of children with disabilities, English learners, children experiencing homelessness, children and youth in foster care, migratory students, children who are incarcerated, and other underserved students.

The description must also include how the SEA will ensure that LEAs provide the public the opportunity to provide input in the development of the LEA’s plan for the use of ARP ESSER funds and take such input into account.

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3. Describe how the SEA will support and monitor its LEAs in using ARP ESSER funds. The description must include:

   1. How the SEA will support and monitor its LEAs’ implementation of evidence-based interventions that respond to students’ academic, social, emotional, and mental health needs, such as through summer learning or summer enrichment, extended day, comprehensive afterschool programs, or extended school year programs – including the extent to which the SEA will collect evidence of the effectiveness of interventions employed;

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2. How the SEA will support and monitor its LEAs in specifically addressing the disproportionate impact of the COVID-19 pandemic on certain groups of students, including each of the student groups listed in question A.3.i.-viii; and

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3. How the SEA will support and monitor its LEAs in using ARP ESSER funds to identify, reengage, and support students most likely to have experienced the impact of lost instructional time on student learning, such as:

   1. Students who have missed the most in-person instruction during the 2019-2020 and 2020-2021 school years;

   2. Students who did not consistently participate in remote instruction when offered during school building closures; and

   3. Students most at-risk of dropping out of school.

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4. Describe the extent to which the SEA will support its LEAs in implementing additional strategies for taking educational equity into account in expending ARP ESSER funds, including but not limited to:

   1. Allocating funding both to schools and for districtwide activities based on student need, and

   2. Implementing an equitable and inclusive return to in-person instruction. An inclusive return to in-person instruction includes, but is not limited to, establishing policies and practices that avoid the over-use of exclusionary discipline measures (including in- and out-of-school suspensions) and creating a positive and supportive learning environment for all students.

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6. Supporting the Educator Workforce

The Department recognizes the toll that the COVID-19 pandemic has taken on the Nation’s educators as well as students. In this section, SEAs will describe strategies for supporting and stabilizing the educator workforce and for making staffing decisions that will support students’ academic, social, emotional, and mental health needs.

1. Supporting and Stabilizing the Educator Workforce:

   1. Describe the extent to which the State is facing shortages of educators, education administration personnel, and other school personnel involved in safely reopening schools, and the extent to which they vary by region/type of school district and/or groups of educators (e.g., special educators and related services personnel and paraprofessionals; bilingual or English as a second language educators; science, technology, engineering, and math (“STEM”) educators; career and technical education (“CTE”) educators; early childhood educators). Cite specific data on shortages and needs where available.

Complete the table below, changing or adding additional rows as needed, or provide a narrative description.

Table F1.

Area	Data on shortages and needs	Narrative description
Special educators and related service personnel and paraprofessionals
Bilingual educators
English as a second language educators
STEM educators
CTE educators
Early childhood educators
School counselors
Social workers
Nurses
School psychologists

2. Describe how the SEA will assist its LEAs in identifying the most urgent areas of shortages or potential shortages, with particular plans for individual LEAs facing the most significant needs (e.g., by avoiding layoffs, providing high-quality professional learning opportunities, and addressing the impact of stress or trauma on educators). Include a description of how other Federal COVID-19 funding (e.g., ESSER and GEER funds under the CARES Act and CRRSA Act) have already been used to avoid layoffs during the COVID-19 pandemic.

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2. Describe the actions the SEA will take to fill anticipated gaps in certified teachers for the start of the 2021-2022 school year and to what extent the SEA will further support its LEAs in expanding the educator pipeline and educator diversity while addressing the immediate needs of students disproportionately impacted by the pandemic (e.g., recruiting teaching candidates to provide high-dosage tutoring or implementing residencies for teacher candidates).

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2. Staffing to Support Student Needs: Describe the extent to which the SEA has developed or will develop strategies and will support its LEAs in increasing student access to key support staff within school buildings, including school counselors, special education personnel, nurses, social workers, and psychologists (e.g. hiring additional personnel or freeing up these staff to focus on providing services to students).

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7. Monitoring and Measuring Progress

The Department recognizes that transparency on how ARP ESSER funds are used and their impact on the Nation’s education system is a fundamental responsibility of Federal, State, and local government. In this section, SEAs will describe how they are building capacity at the SEA and LEA levels to ensure high-quality data collection and reporting and to safeguard funds for their intended purposes.

1. Capacity for Data Collection and Reporting: It is important for an SEA to continuously monitor progress and make adjustments to its strategies, as well as to support its LEAs in making adjustments to LEA strategies, based on impact. Describe how the SEA will ensure its capacity and the capacity of its LEAs to collect data on reporting requirements, including but not limited to the examples of reporting requirements described in the SEA’s Grant Award Notification (listed in Appendix B). Describe the SEA’s capacity and strategy to collect data from its LEAs (disaggregated by student group, where applicable), to the greatest extent practicable, including any steps the SEA will take to build its capacity in the future (which may include the use of ARP ESSER and other Federal COVID-19 pandemic funds at the SEA and LEA levels), on issues that may include the following:

   1. Student learning, including the academic impact of lost instructional time during the COVID-19 pandemic;

   2. Opportunity to learn measures (e.g., chronic absenteeism; student engagement; use of exclusionary discipline; access to and participation in advanced coursework; access to technology, including educator access to professional development on the effective use of technology; access to high-quality educators; access to school counselors, social workers, nurses, and school psychologists; and results from student, parent, and/or educator surveys);

   3. Fiscal data that is comparable across the State (e.g., per-pupil expenditures at the LEA and school levels);

   4. Jobs created and retained (by position type);

   5. Participation in programs funded by ARP ESSER resources (e.g., summer and afterschool programs); and

   6. Other reporting requirements reasonably required by the Secretary (please refer to Appendix B of this template; final requirements will be issued separately).

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2. Monitoring and Internal Controls: Describe how the SEA will implement appropriate fiscal monitoring of and internal controls for the ARP ESSER funds (e.g., by updating the SEA’s plan for monitoring funds and internal controls under the CARES and CRRSA Acts; addressing potential sources of waste, fraud, and abuse; conducting random audits; or other tools). In this response, please describe the SEA’s current capacity to monitor ARP ESSER; steps, if needed, to increase capacity; and any foreseeable gaps in capacity, including how the SEA will provide its LEAs with technical assistance in the anticipated areas of greatest need.

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Appendix A: School Operating Status and Instructional Mode Data Template

Indicate the date or time period represented by the following data.

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Table 1

In the most recent time period available, how many schools in your State offered each mode of instruction or learning model described below? Each row should account for all schools in your State, so that, for each row, the sum of the numbers in the “offered to all students,” “offered to some students,” and “not offered” columns is equal to the number in the “all schools” column.

Add or change rows as needed

Number of schools	All schools	Offered to all students	Offered to some students	Not offered
Remote or online only	#	#	#	#
School buildings open with both remote/online and in-person instruction (hybrid)	#	#	#	#
School buildings open with full-time in-person instruction	#	#	#	#

To the extent data are available, please complete the above table for 1) all schools in the State, and 2) separately for each instructional level (e.g., pre-kindergarten/elementary schools, middle schools, high schools).

Table 2

In the most recent time period available, what was the enrollment and mode of instruction for the schools in your State?

Add or change rows as needed

Number of students	Total enrollment	Remote or online only	Both remote/online and in-person instruction (hybrid)	Full-time in-person instruction
Students from low-income families	#	#	#	#
White, not Hispanic	#	#	#	#
Black or African American, not Hispanic	#	#	#	#
Hispanic, of any race	#	#	#	#
Asian, not Hispanic	#	#	#	#
American Indian or Alaskan Native, not Hispanic	#	#	#	#
Native Hawaiian or Pacific Islander, not Hispanic	#	#	#	#
Two or more races, not Hispanic	#	#	#	#
Race/Ethnicity information not available	#	#	#	#
English learners	#	#	#	#
Children with disabilities	#	#	#	#
Students experiencing homelessness	#	#	#	#
Children and youth in foster care	#	#	#	#
Migratory students	#	#	#	#

Appendix B: Reporting Language Included in the Grant Award Notification (“GAN”)

As described in the Grant Award Notification (“GAN”), the SEA will comply with, and ensure that its LEAs comply with, all reporting requirements at such time and in such manner and containing such information as the Secretary may reasonably require, including on matters such as:

• How the State is developing strategies and implementing public health protocols including, to the greatest extent practicable, policies and plans in line with the CDC guidance related to mitigating COVID-19 in schools;

• Overall plans and policies related to State support for return to in-person instruction and maximizing in-person instruction time, including how funds will support a return to and maximize in-person instruction time, and advance equity and inclusivity in participation in in-person instruction;

• Data on each school’s mode of instruction (fully in-person, hybrid, and fully remote) and conditions;

• SEA and LEA uses of funds to meet students’ social, emotional, and academic needs, including through summer enrichment programming and other evidence-based interventions, and how they advance equity for underserved students;

• SEA and LEA uses of funds to sustain and support access to early childhood education programs;

• Impacts and outcomes (disaggregated by student subgroup) through use of ARP ESSER funding (e.g., quantitative and qualitative results of ARP ESSER funding, including on personnel, student learning, and budgeting at the school and district level);

• Student data (disaggregated by student subgroup) related to how the COVID-19 pandemic has affected instruction and learning;

• Requirements under the Federal Financial Accountability Transparency Act (“FFATA”); and

• Additional reporting requirements as may be necessary to ensure accountability and transparency of ARP ESSER funds.

Appendix C: Assurances

By signing this document, the SEA assures all of the following:

• The SEA will conduct all its operations so that no person shall be excluded from participation in, be denied the benefits of, or be subject to discrimination under the ARP ESSER program or activity based on race, color, national origin, which includes a person’s limited English proficiency or English learner status and a person’s actual or perceived shared ancestry or ethnic characteristics; sex; age; or disability. These non-discrimination obligations arise under Federal civil rights laws, including but not limited to Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments Act of 1972, section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975. In addition, the SEA must comply with all regulations, guidelines, and standards issued by the Department under any of these statutes;

• The SEA will comply with all ARP Act and other ARP ESSER requirements and all requirements of its Grant Award Notification, including but not limited to:

  • Complying with the maintenance of effort provision in section 2004(a)(1) of the ARP Act, absent a waiver by the Secretary pursuant to section 2004(a)(2) of the ARP Act; and

  • Complying with the maintenance of equity provisions in section 2004(b) of the ARP Act, and ensuring its LEAs comply with the maintenance of equity provision in section 2004(c) of the ARP Act (please note that the Department will provide additional guidance on maintenance of equity shortly);

• The SEA will allocate ARP ESSER funds to LEAs in an expedited and timely manner and, to the extent practicable, not later than 60 days after the SEA receives ARP ESSER funds (i.e., 60 days from the date the SEA receives each portion of its ARP ESSER funds). An SEA that is not able to allocate such funds within 60 days because it is not practicable (e.g., because of pre-existing State board approval requirements) will provide an explanation to the Department within 30 days of receiving each portion of its ARP ESSER funds (submitted via email to your Program Officer at [State][email protected] (e.g., [email protected])), 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;

• The SEA will implement evidence-based interventions as required under section 2001(f) of the ARP Act and ensure its LEAs implement evidence-based interventions, as required by section 2001(e)(1) of the ARP Act;

• The SEA will address the disproportionate impact of the COVID-19 pandemic on underserved students (i.e., students from low-income families, students from racial or ethnic groups (e.g., identifying disparities and focusing on underserved student groups by race or ethnicity), gender (e.g., identifying disparities and focusing on underserved student groups by gender), English learners, children with disabilities, students experiencing homelessness, children and youth in foster care, and migratory students), as required under section 2001(f) of the ARP Act, and ensure its LEAs address the disproportionate impact of the COVID-19 pandemic on underserved students (i.e., students from low-income families, students from racial or ethnic groups, gender, English learners, children with disabilities, students experiencing homelessness, children and youth in foster care, and migratory students), as required by section 2001(e)(1) of the ARP Act; and

• The SEA will provide to the Department: (1) the URL(s) where the public can readily find data on school operating status and (2) 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 required under section 2001(i) of the ARP Act, and b) use of ARP ESSER funds. SEAs should consider ensuring a standardized URL format in all cases (e.g., xxx.gov/COVIDplan).

Appendix D

OMB Control No. 1894-0005 (Exp. 06/30/2023)

NOTICE TO ALL APPLICANTS

The purpose of this enclosure is to inform you about a new provision in the Department of Educations General Education Provisions Act ("GEPA") that applies to applicants for new grant awards under Department programs. This provision is Section 427 of GEPA, enacted as part of the Improving America's Schools Act of 1994 (Public Law (P.L.) 103-382).

To Whom Does This Provision Apply?

Section 427 of GEPA affects applicants for new grant awards under this program. ALL APPLICANTS FOR NEW AWARDS MUST INCLUDE INFORMATION IN THEIR APPLICATIONS TO ADDRESS THIS NEW PROVISION IN ORDER TO RECEIVE FUNDING UNDER THIS PROGRAM.

(If this program is a State-formula grant program, a State needs to provide this description only for projects or activities that it carries out with funds reserved for State-level uses. In addition, local school districts or other eligible applicants that apply to the State for funding need to provide this description in their applications to the State for funding. The State would be responsible for ensuring that the school district or other local entity has submitted a sufficient section 427 statement as described below.)

What Does This Provision Require?

Section 427 requires each applicant for funds (other than an individual person) to include in its application a description of the steps the applicant 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. The description in your application of steps to be taken to overcome these barriers need not be lengthy; you may provide a clear and succinct description of how you plan to address those barriers that are applicable to your circumstances. In addition, the information may be provided in a single narrative, or, if appropriate, may be discussed in connection with related topics in the application.

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 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.

What are Examples of How an Applicant Might Satisfy the Requirement of This Provision?

The following examples may help illustrate how an applicant may comply with Section 427.

(1) An applicant that proposes to carry out an adult literacy project serving, among others, adults with limited English proficiency, might describe in its application how it intends to distribute a brochure about the proposed project to such potential participants in their native language.

(2) An applicant that proposes to develop instructional materials for classroom use might describe how it will make the materials available on audio tape or in braille for students who are blind.

(3) An applicant that proposes to carry out a model science program for secondary students and is concerned that girls may be less likely than boys to enroll in the course, might indicate how it intends to conduct "outreach" efforts to girls, to encourage their enrollment.

(4) An applicant that proposes a project to increase school safety might describe the special efforts it will take to address concerns of lesbian, gay, bisexual, and transgender students, and efforts to reach out to and involve the families of LGBT students.

We recognize that many applicants may already be implementing effective steps to ensure equity of access and participation in their grant programs, and we appreciate your cooperation in responding to the requirements of this provision.

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Estimated Burden Statement for GEPA Requirements

According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless such collection displays a valid OMB control number. Public reporting burden for this collection of information is estimated to average 3 hours per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The obligation to respond to this collection is required to obtain or retain benefit (Public Law 103-382). Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the U.S. Department of Education, 400 Maryland Ave., SW, Washington, DC 20210-4537 or email [email protected] and reference the OMB Control Number 1894-0005.

1 For the purposes of the plan, “academic impact of lost instructional time” refers to “learning loss” experienced by students as a result of the COVID-19 pandemic, as referenced in the ARP Act and the CRRSA Act.

2 ARP ESSER funds are subject to the Tydings amendment in section 421(b) of the General Education Provisions Act, 20 U.S.C. 1225(b), and are therefore available to SEAs and LEAs for obligation through September 30, 2024. Review and revisions of these plans, if necessary, are not required during the Tydings period.

3 Please note that the needs of students experiencing homelessness must be addressed (along with the other groups disproportionately impacted by the COVID-19 pandemic) through the use of the ARP ESSER SEA reservations and the required LEA reservation for the academic impact of lost instructional time; the funding provided to support the needs of students experiencing homelessness by section 2001(b)(1) of the ARP Act is in addition to the supports and services provided with ARP ESSER funds.

Paperwork Burden Statement According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless such collection displays a valid OMB control number.  The valid OMB control number for this information collection is 1810-XXXX.  Public reporting burden for this collection of information is estimated to average 100 hours per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.  The obligation to respond to this collection is required to obtain or retain benefit under Section 2001 of the American Rescue Plan Act of 2021 (ARP Act).  If you have any comments concerning the accuracy of the time estimate, suggestions for improving this individual collection, or if you have comments or concerns regarding the status of your individual form, application or survey, please contact Britt Jung, Office of State and Grantee Relations, Office of Elementary and Secondary Education, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, DC 20202-6450, email: [email protected] directly.