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The American Rescue Plan Act (ARP) signed into law on March 11, 2021 provided nearly $122 billion for the Elementary and Secondary School Relief Fund (ESSER). ARP ESSER funds are provided to State educational agencies in the same proportion as each State received under Title I-A of the Elementary and Secondary Education Act (ESEA) in fiscal year (FY) 2020. An SEA must allocate at least 90 percent of its ARP ESSER grant funds to its local educational agencies (LEAs) in the same proportion that the LEAs received under Title I-A of ESEA in FY 2020. LEAs must reserve at least 20 percent of their total ARP ESSER allocation to address the academic impact of lost instructional time on all students, through the implementation of evidence-based interventions.

The U.S. Department of Education (ED) published Interim Final Requirements (IFR) on April 22, 2021 requiring LEAs receiving ARP ESSER funds to submit an LEA ARP ESSER Plan and an LEA Plan for the Safe Return to In-Person Instruction and Continuity of Services. If an LEA had already developed a plan for safe return to in-person instruction and continuity of services prior to the enactment of ARP that meets the statutory requirements of section 2001(i) but did not address all of the requirements in the IFR, the LEA must revise and post its plan no later than six months after receiving its ARP ESSER funds. This applies even if an LEA has been operating full-time in-person instruction but does not apply to fully virtual schools and LEAs.