No. The requirements of Title I, Part A do not apply to ESSER funds. An LEA may support any of its schools using ESSER funds for any allowable activities under 18003(d) without regard to Title I eligibility, program type, or funding.

No. The ESSER Fund does not contain a supplanting prohibition. As a result, ESSER funds may take the place of State or local funds for allowable activities. However, the program does contain a Maintenance of Effort (MOE) requirement, which is designed to keep States from substantially reducing their support for K-12 education. 4 4 For further information, please see Section 18008 of the CARES Act.

An SEA awards funds when it makes a subgrant to an LEA or, in the case of the SEA Reserve, when it enters into a subgrant or contract with a sub-recipient. ESSER funds are obligated when the sub-recipient commits those funds to specific purposes consistent with 34 C.F.R. § 76.707. If a SEA awards a contract from the SEA reserve, that is an obligation. In contrast, sub granting funds to an LEA or other sub-recipient is not an obligation; instead, these funds are not obligated until the LEA or other sub-recipient commits the funds to specific purposes.

Yes. The Department will monitor the use of ESSER funds. In addition, ESSER funds are subject to audit requirements under the Single Audit Act and to review by the Government Accountability Office. The Department’s Office of the Inspector General may audit program implementation, as may any other federal agency, commission, or department in the lawful exercise of its jurisdiction and authority.

Yes. The U.S. Department of Education requests the following reporting components:

• How LEAs determined their most important educational needs as a result of COVID-19;
• The extent to which LEAs used ESSER funds to promote remote learning; and
• How the LEA assessed and addressed student learning gaps resulting from the disruption in educational services.

This act provides LEAs with $123 billion of funding for educational expenses that meet the guidelines of the bill; states and districts can use these funds to make technology investments.

According to the 2021 Infrastructure Report Card, more than half of public school districts surveyed needed to update or replace multiple building systems – and over 20% of technology infrastructure in public schools was in “fair” or “poor” condition.
Up to 80% of ESSER III funds can be used to address schools’ technology needs and challenges arising from the COVID-19 pandemic, including purchasing educational technology (including hardware, software, and connectivity as well as assistive technology or adaptive equipment, and implementing public health protocols including policies in line with guidance from the Centers for Disease Control and Prevention for school-reopening

Any activity authorized by the ESEA, the Individuals with Disabilities Education Act (IDEA), the Adult Education and Family Literacy Act (AEFLA), or the Carl D. Perkins Career and Technical Education Act of 2006 (Perkins).

• Coordination of LEA preparedness and response efforts with state, local, tribal, and territorial public health departments, and other relevant agencies, to improve coordinated responses with other agencies to prevent, prepare for, and respond to coronavirus.
• Activities to address the unique needs of low-income children or students, children with disabilities, English learners, racial and ethnic minorities, students experiencing homelessness, and foster care youth, including how outreach and service delivery will meet the needs of each population.
• Developing and implementing procedures and systems to improve the preparedness and response efforts of LEAs.
• Training and professional development for LEA staff on sanitation and minimizing the spread of infectious diseases.
• Purchasing supplies to sanitize and clean the facilities of an LEA, including buildings operated by such agency.
• Planning for, coordinating, and implementing activities during long-term closures, including how to provide meals, technology for online learning, guidance on IDEA requirements, and ensuring other educational services can continue to be provided consistent with all applicable requirements.
• Purchasing educational technology (including hardware, software, and connectivity) for students served by the LEA that aids in regular and substantive educational interactions between students and their classroom teachers, including low-income students and children with disabilities, which may include assistive technology or adaptive equipment.
• Providing mental health services and supports, including through the implementation of evidence-based full-service community schools.
• Planning and implementing activities related to summer learning and supplemental after school programs, including providing classroom instruction or online learning during the summer months and addressing the needs of low-income students, students with disabilities, English learners, migrant students, students experiencing homelessness, and children in foster care.
• Addressing learning loss among students, including low-income students, students with disabilities, English learners, racial and ethnic minorities, students experiencing homelessness, and children in foster care, of the local educational

agency, including by–

• Administering and using high-quality assessments that are valid and reliable, to accurately assess students’ academic progress and assist educators in meeting students’ academic progress and assist educators in meeting students’ academic needs, including through differentiating instruction.
• Implementing evidence-based activities to meet the comprehensive needs of students.
• Providing information and assistance to parents and families on how they can effectively support students, including in a distance learning environment.
• School facility repairs and improvements to reduce risk of virus transmission and exposure to environmental health hazards and to support student health needs.
• Inspection, testing, maintenance, repair, replacement, and upgrade projects to improve the indoor air quality in school facilities, including mechanical and non-mechanical heating, ventilation, and air conditioning systems, filtering, purification, and other air cleaning, fans, control systems, and window and door repair and replacement.
• Developing strategies and implementing public health protocols including, to the greatest extent practicable, policies in line with guidance from the Centers for Disease Control and Prevention for the reopening and operation of school facilities to effectively maintain the health and safety of students, educators, and other staff
• Other activities that are necessary to maintain operations and continuity of services and continuing to employ existing staff.

Additionally, Section 2001(e)(1) of the ARP Act requires an LEA to reserve not less than 20 percent of its ESSER III allocation (Resource Code 3214) to address the academic impact of lost instructional time through the implementation of evidence-based interventions. Allowable uses of this portion of funds are:

• Summer learning or summer enrichment
• Extended day
• Comprehensive afterschool programs
• Extended school year programs
• Evidence-based high dosage tutoring
• Full-Service Community Schools
• Mental health services and supports
• Adoption or integration of social-emotional learning into the core curriculum/school day
• Other evidence-based interventions

In order to receive an allocation, LEAs must submit the ESSER III Legal Assurances, which are currently available. In order to be included in the first apportionment, assurances must be completed by June 25, 2021.

The ESSER III Fund Application will close on December 17, 2021.

ESSER III funds are available for obligation by LEAs through September 30, 2024. Although funds must be obligated by September 30, 2024, grant activities carried out through a valid obligation of funds may continue beyond that date. Under 2 Code of Federal Regulations (CFR)§ 200.344(a), ESSER funds must be liquidated within 120 calendar days after the end of the performance period (September 30, 2024).

K-12 and Higher Ed Schools have the opportunity to invest in technology with over $123 Billion in funding from the American Rescue Plan

LEAs should refer to the ESSER III Expenditure Plan template and instructions. The plan must be completed by October 29, 2021, regardless of when ESSER III Assurances were submitted.

A school district must submit its ESSER III Expenditure Plan to its County Office of Education (COE) for review and approval. A COE must submit its plan to the State Department of Education for review and approval. A charter school must submit its plan to its chartering authority for review and to the COE of the county in which the charter school operates for review and approval. Please visit the ESSER III Plans section of the ARP Act Funding web page for more information about this plan.

Yes. The US Department of Education (ED) has stated that LEAs may use the funds for expenses incurred beginning March 13, 2020, the date on which the President declared a national emergency.

No, the ARP Act includes a separate program of Emergency Assistance for Non-Public Schools (EANS) for which eligible non-public schools may apply to a State Education Agency (SEA) to receive services or assistance. Consequently, LEAs are not required to provide equitable services under ESSER III. More information can be found on the CDE’s EANS web page.

Ensure every student has equitable access to teacher-led instruction. Studies have shown that students lose about 30% of what they have studied in summer vacation, and teachers spend at least the first 4 to 5 weeks of the new school year reteaching important skills and concepts. With the help of robust diagnostic tests, educators can determine the extent of learning loss. Expert educators design the Lumos Back-to-School refresher program for students. It is an ideal resource for your students to review previous grade-level content and prepare them for the current grade level. In addition, it addresses the learning gaps with targeted remedial practice.