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ARP Act Funding

Information on the American Rescue Plan Act of 2021 (ARP Act), including the Elementary and Secondary School Emergency Relief III (ESSER III) Fund.

Federal Stimulus Funding home page

ARP Act Overview | ESSER III Funds | Application | Allowable Uses | Formula Allocations | SEA Reserve Funds | Homeless Children and Youth | EANS II | Reporting | ESSER III Plans | Maintenance of Equity | State Plan | FAQs | Other Information

ARP Act Overview

In response to the 2019 Novel Coronavirus (COVID-19), the U.S. Congress passed American Rescue Plan (ARP) Act, which was signed into law on March 11, 2021. This federal stimulus funding is the third act of federal relief in response to COVID-19, following the Coronavirus Aid, Relief, and Economic Security (CARES) Act signed into law on March 27, 2020, and the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (CRRSA Act) signed into law on December 27, 2020. For more information on the CARES Act, please visit the California Department of Education (CDE) CARES Act Funding web page. For more information on the CRRSA Act, please visit the CDE CRRSA Act Funding web page.

The main funding source for local educational agencies (LEAs) in the ARP Act is the ESSER III Fund. The ESSER III Fund accounts for nearly $122 billion of funding for all states and California’s allocation is $15,079,696,097. The ARP Act also requires the U.S. Department of Education (ED) to reserve $800 million to support efforts to identify homeless children and youth, and provide such youth with comprehensive, wrap-around services that address needs arising from the COVID-19 pandemic and allows them to attend school and participate fully in all school activities. California’s allocation for these funds is $98,709,231. For information regarding the ARP Homeless Children and Youth (ARP-HCY) Fund, please visit the Homeless Education web page. Additionally, within the ARP Act there is a program for non-public schools, the Emergency Assistance to Non-Public Schools II (EANS II) grant, which accounts for $2.75 billion for all states and $181,312,003 for California. The ESSER III funding provides local educational agencies (LEAs) with emergency relief funds to address the impact of COVID-19 on elementary and secondary schools across the nation.

New information and guidance will be added as it becomes available. If you would like to be notified when new information is available, please join the CDE's Federal Relief Funds listserv by sending a blank email message to join-edrelieffunds@mlist.cde.ca.gov.

ESSER III Funds

Section 2001(c) of the ARP Act requires ED to allocate the ESSER III Fund based on the proportion that each State received under Title I, Part A of the Elementary and Secondary Education Act of 1965 (ESEA) in the most recent fiscal year. California’s allocation for ESSER III is $15,079,696,097. Funds may be used for pre-award costs dating back to March 13, 2020, when the national emergency was declared. These funds are available for obligation by the state and subrecipients through September 30, 2024.

Each state must use no less than 90 percent of its allocation ($13,571,726,487) to make subgrants to LEAs, based on each LEA’s share of funds received under Title I, Part A in fiscal year (FY) 2020–21.

LEAs are not required to provide equitable services for ESSER III as they were for ESSER I under the CARES Act. The ARP Act contains a EANS set aside. Please see the EANS section for more information.

ESSER III Application for Funds – Open Until December 17, 2021

In order to receive an allocation, LEAs must submit the ESSER III Legal Assurances, which are currently available at the link below. In order to be included in the first apportionment, assurances must have been completed by June 25, 2021. Please see the ESSER III Formula Allocations section for the allocations.

The ESSER III Fund Application will close on December 17, 2021. LEAs must apply for their allocation of ESSER III funds by submitting program assurances prior to this date.

ESSER III Assurances

Additionally, the CDE has created a search application which will display the application submission status of educational entities for the ESSER III Fund.

ESSER III Search

ESSER III Allowable Uses

An LEA may use up to 80% of ESSER III funds (Resource Code 3213) for the broad range of activities listed in section 18003(d) of the CARES Act, section 313(d) of the CRRSA Act, and section 2001(e) of the ARP Act, based on guidance that what is allowable under one of the ESSER funds is allowable under all of the ESSER funds. Use of any ESSER funds (ESSER I, ESSER II, or ESSER III) must be in accordance with allowable uses in any of these three federal stimulus acts, and in alignment with the statutory purpose of the program: to prevent, prepare for, or respond to the COVID-19 pandemic. Below is a consolidated list of allowable uses. Please note that these allowable uses categories will also be utilized during quarterly reporting on each of the ESSER funds.

  1. 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) or the McKinney Vento Homeless Education Assistance Act.
  2. Coordinating preparedness and response efforts of LEA 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.
  3. Providing principals and other school leaders with the resources necessary to address the unique needs of their individual schools.
  4. 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.
  5. Developing and implementing procedures and systems to improve the preparedness and response efforts of LEAs.
  6. LEA staff training and professional development on sanitation and minimizing the spread of infectious diseases.
  7. Purchasing supplies to sanitize and clean the facilities of an LEA, including buildings operated by such agency.
  8. 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.
  9. 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.
  10. Providing mental health services and supports, including through the implementation of evidence-based full-service community schools.
  11. 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.
  12. 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.
    • Tracking student attendance and improving student engagement in distance education.
  13. School facility repairs and improvements to enable operation of schools to reduce risk of virus transmission and exposure to environmental health hazards, and to support student health needs.
  14. 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.
  15. 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
  16. Other activities that are necessary to maintain operations and continuity of services and continue 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:

  1. Summer learning or summer enrichment
  2. Extended day
  3. Comprehensive after-school programs
  4. Extended school year programs
  5. Evidence-based high dosage tutoring
  6. Full-Service Community Schools
  7. Mental health services and supports
  8. Adoption or integration of social emotional learning into the core curriculum/school day
  9. Other evidence-based interventions

ESSER III Formula Allocations

The Schedule of Allocations can be found on the ESSER III Funding Results page.

In order to receive an allocation, LEAs must submit the ESSER III Assurances. Eligible LEAs had until June 25, 2021 to be included in the first apportionment. The final deadline to submit ESSER III Assurances is December 17, 2021.

ESSER III fund allocations are based on an LEA’s share of funding received under Title I, Part A in FY 2020–21. To have received 2020–21 Title I, Part A, an LEA must have:

  • Been deemed an eligible LEA as reflected by a minimum U.S. Census Bureau estimated poverty count of 10 and poverty rate greater than 2%; and,
  • Applied for funds on CARS no later than March 31, 2021 (deadline extended to April 16, 2021); and,
  • Submitted the Local Control and Accountability Plan (LCAP) Federal Addendum no later than April 16, 2021

Exception

ESSER III fund allocations for new or significantly expanding charter schools in FY 2021–22 are based on their share of funding received under Title I, Part A in FY 2021–22. To have an FY 2021–22 Title I, Part A allocation, the charter school must have:

  • Been deemed an eligible LEA as reflected by a minimum U.S Census Bureau-equivalent poverty count of 10 or more and a minimum poverty rate greater than 2% as of October 7, 2021; and,
  • Applied for funds on CARS no later than March 31, 2022; and,
  • Submitted the LCAP Federal Addendum no later than March 31, 2022

ESSER III SEA Reserve Funds

The ESSER III state educational agency (SEA) Reserve funds account for $1,507,969,609. This funding will be determined through the budget process.
However, unlike ESSER I under the CARES Act and ESSER II under the CRRSA Act, the ESSER III SEA Reserve requires that the state spends these funds in the prescribed manner below.

  • 5% for activities related to Learning Loss
  • 1% for summer enrichment activities
  • 1% for after school programs
  • 2.5% to be spent at the discretion of the state
  • 0.5% for administration of ESSER III

UPDATE (15-Sep-2021): Education Code (EC) Section 43521(a)(3-4) allows for ESSER III SEA Reserve funds to be made available for obligation through September 30, 2024 (unless otherwise provided in federal law) through the Expanded Learning Opportunities Grant (ELO-G) to eligible LEAs. $437,390,000 of the ELO-G is funded through the 2.5% of the ESSER III SEA Reserve to be spent at the discretion of the state, and $753,985,000 is funded through the 5% set-aside to address learning loss. More information about the ELO-G can be found on the COVID-19 Relief and School Reopening Grants web page.

Homeless Children and Youth

California has been allocated $98,709,231 for ESSER III ARP-HCY. These funds may be used in accordance with all allowable uses under the McKinney-Vento Education for Homeless Children and Youth, including:

  • Providing wraparound services (which could be provided in collaboration with and/or through contracts with community-based organizations, and could include academic supports, trauma informed care, social-emotional support, and mental health services);
  • Purchasing needed supplies (e.g., personal protective equipment [PPE], eyeglasses, school supplies, personal care items);
  • Providing transportation to enable children and youth to attend classes and participate fully in school activities;
  • Purchasing cell phones or other technological devices for unaccompanied youth to enable the youth to attend and fully participate in school activities;
  • Providing access to reliable, high-speed internet for students through the purchase of internet connected devices/equipment, mobile hotspots, wireless service plans, or installation of Community Wi-Fi Hotspots (e.g., at homeless shelters), especially in underserved communities;
  • Paying for short-term, temporary housing (e.g., a few days in a motel) when such emergency housing is the only reasonable option for COVID-safe temporary housing and when necessary to enable the homeless child or youth to attend school and participate fully in school activities (including summer school); and
  • Providing store cards/prepaid debit cards to purchase materials necessary for students to participate in school activities.

More information can be found on the CDE Homeless Education web page or by contacting the CDE Homeless State Coordinators at HomelessED@cde.ca.gov.

EANS II

California has been allocated $181,312,003 for EANS II. Similar to the CRRSA Act, Congress reiterated the need for non-public schools to participate in emergency education relief programs by establishing a separate program, rather than relying on the equitable services requirements that typically apply to elementary and secondary formula grant programs.

Consequently, LEAs are not required to provide equitable services for funds received under the ARP Act, though equitable services requirements continue to apply to CARES Act programs.

More information will be provided soon regarding EANS II.

Reporting

LEAs are required to report on any ARP Act funds that they receive. These funds must be tracked and reported separately from CARES Act and CRRSA Act funds. Please visit the CDE Federal Stimulus Funding web page for more detailed reporting requirements. Reporting timelines are available on the Federal Stimulus Funding Reporting web page. For reporting on the use of ESSER III funds (3213 and 3214), please use the Federal Stimulus Funds Reporting Application.

For reporting information regarding the In-Person Instruction (IPI) Grant or the Expanded Learning Opportunities Grant (ELO-G), please visit the COVID-19 Relief and School Reopening Grants web page. For reporting information regarding the ARP Homeless Children and Youth (ARP-HCY) Fund, please visit the Homeless Education web page.

The federal requirements found in the ARP Act require that the ESSER III Fund be subject to the Uniform Grants Guidance program management regulations Those regulations contain a requirement that capital expenditures greater than $5,000 have prior written approval. Please refer to the Federal Stimulus Funding web page Capital Expenditures section for more information and the pre-approval Capital Expenditures application.

Interest Earned on ESSER III Fund: ESSER III Funds are subject to Title 2, Code of Federal Regulations, Section 200.305, which requires grantees and sub-grantees to remit interest earned on advances to the federal agency. Grantees or sub-grantees may retain interest amounts up to $500 per year for related administrative expenses. For more information, please refer to the CDE web page on Interest Earned on Federal Funds.

Quarterly Expenditure Reports

The ARP Act Quarterly Expenditure Report data is available in the spreadsheets below.

ARP Act ESSER III (3213), through 2022 Spring (March 13, 2020 – March 31, 2022) (XLSX)

ARP Act ESSER III (3214), through 2022 Spring (March 13, 2020 – March 31, 2022) (XLSX)

ESSER III Plans

The ARP Act requires LEAs that receive ESSER III funds to complete a Safe Return to In-person Instruction and Continuity of Services plan. ED has issued requirements for this plan, and has also required LEAs to complete an Expenditure Plan for the use of ESSER III funds.

Safe Return to In-Person Instruction and Continuity of Services Plan

UPDATE (6-Dec-2021): Please find the Safe Return to In-Person Instruction and Continuity of Services Plan at the link below. It is expected that LEAs will provide high-level responses of approximately a couple of paragraphs to each of the questions listed in the template. All completed plan templates must be submitted within 30 days of completing ESSER III assurances. Submission and any questions regarding the template should be submitted to EmergencyServices@cde.ca.gov. Submission of this template is only required once. Any revisions to the plan must be publicly posted on the LEA’s website, but are not required to be submitted to CDE or use CDE’s template. More information about plan revisions is available below.

ESSER III Safe Return to In-Person Instruction and Continuity of Services Plan Template (PDF)

An LEA’s plan must describe:

  1. How the LEA will maintain the health and safety of students, educators, and other staff and the extent to which it has adopted policies, and a description of any such policies, on each of the following safety recommendations established by the Center for Disease Control (CDC):
    • Universal and correct wearing of masks.
    • Modifying facilities to allow for physical distancing (e.g., 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 school communities.
    • Appropriate accommodations for children with disabilities with respect to health and safety policies.
    • Coordination with State and local health officials.
  2. How the LEA will ensure continuity of services, including but not limited to services to address students’ academic needs and students’ and staff social, emotional, mental health, and other needs, which may include student health and food services.
  3. A description of the LEA’s policy or practice that provided the public with an opportunity to provide comment and feedback and how such feedback was incorporated into the development of the plan.
  4. Various assurances and contact information.

Plan Revisions: Until September 30, 2023, LEAs must regularly, but no less frequently than every six months (taking into consideration the timing of significant changes to CDC guidance on reopening schools), review and, as appropriate, revise its plan for the safe return to in-person instruction and continuity of services. LEAs must seek public input and take such input into account both when making revisions and when determining if revisions are necessary. Any revisions must address an LEA’s policies for each CDC updated safety recommendation. After the initial submission, revised plans do not need to be resubmitted in the template provided above, but revised plans (in a format that suits the LEA’s needs) must be publicly posted on the LEA’s website.

Template Instructions: If an LEA developed a plan, such as the COVID-19 Safety Plan required by the California Department of Public Health (CDPH) Guidance and Assembly Bill 86, prior to March 11, 2021, that addresses the safe return to in-person instruction and continuity of services, and that included public comment and took such comments into account in the development of the plan, but that does not contain policies adopted to address the recommendations established by the CDC, the LEA may continue to use that plan but must revise and post the revised plan within six months of completing ESSER III assurances. The revised plan must address the recommendations established by the CDC. The LEA must still attest to having a prior plan and complete the relevant sections of the CDE provided template which can be found in the link above and submit the template to EmergencyServices@cde.ca.gov within 30 days of completing ESSER III Assurances. LEAs should follow the Plan Revisions guidance above when reviewing and updating plans as appropriate every six months as required.

LEAs that adopted a COVID-19 Safety Plan after March 11, should review that plan and ensure it complies with the requirements noted above and revise or adopt a new plan as appropriate within 30 days of completing the ESSER III Assurances using the CDE provided template above and submit to EmergencyServices@cde.ca.gov. Then, the LEA should review, and as appropriate, revise, that plan in a format that suits the LEA’s needs within six months, following the Plan Revisions guidance above.

LEAs that did not adopt a COVID-19 Safety Plan during the 2020–21 school year, must adopt a Safe Reopening and Continuity of Services Plan using the CDE provided template within 30 days of completing the ESSER III Assurances and submit to EmergencyServices@cde.ca.gov. This plan must be reviewed again, and as appropriate, revised, within six months of adoption in a format that suits the LEA’s needs, following the Plan Revisions guidance above.

Expenditure Plan

UPDATE (14-Jul-2021): The deadline for the ESSER III Expenditure Plan has been extended to October 29, 2021.

UPDATE (30-Jun-2021): The ESSER III Expenditure Plan template and instructions are available at the link below. For assistance related to the ESSER III Expenditure Plan template and instructions please contact LCFF@cde.ca.gov. For all other questions related to ESSER III please contact EDReliefFunds@cde.ca.gov.

ESSER III Expenditure Plan Template and Instructions (DOCX; Posted 30-Jun-2021)

LEAs that receive ESSER III funds are required to develop a plan for how they will use ESSER III funds to, at a minimum, address students’ academic, social, emotional, and mental health needs, as well as the opportunity gaps that existed before, and were exacerbated by, the COVID-19 pandemic. The plan is required to address the following:

  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, consistent with the most recent CDC guidance on reopening schools, in order to continuously and safely open and operate schools for in-person learning.
  2. How the LEA will use the minimum of 20% of funds it reserves for learning loss 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 ESSER III funds consistent with the allowable uses.
  4. How the LEA will ensure that the interventions it implements, including but not limited to the interventions to address learning loss, 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 in foster care, and migratory students.

In developing their plan, LEAs must engage in meaningful consultation with specified stakeholders, including: students; families; school and district administrators (including special education administrators); and teachers, principals, school leaders, other educators, school staff, and their unions. In addition, LEAs must also engage in meaningful consultation, to the extent they are present or served by the LEA, with: Tribes; civil rights organizations (including disability rights organizations); and stakeholders representing the interests of children with disabilities, English learners, children experiencing homelessness, children in foster care, migratory students, children who are incarcerated, and other underserved students. Finally, LEAs must provide the opportunity to provide public input and take such input into account.

The plan must be adopted by the local governing board or body of the LEA at a public meeting on or before October 29, 2021 and must be submitted for review and approval within five days of adoption. 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 CDE for review and approval via email at LCAPreview@cde.ca.gov. 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.

For additional information please refer to the instructions and template for the ESSER III Expenditure Plan.

LEA ESSER III Plan Links

The LEA-reported links to each LEA’s publicly available Safe Return to In-Person Instruction and Continuity of Services Plan and ESSER III Expenditure Plan are available in the spreadsheet below.

ESSER III Plan Links (XLSX; Posted 21-April-2022)

Maintenance of Equity

Section 2004 of the ARP Act includes Maintenance of Equity (MOEquity) provisions that are a condition for an SEA and LEA to receive ESSER III funds. Under section 2004(b) of the ARP Act, the MOEquity provisions ensure that an SEA does not disproportionately reduce State funding in FYs 2021–22 and 2022–23 when compared to baseline data from FY 2020–21 for LEAs serving a large share of students from low-income families and baseline data from FY 2018–19 for the highest-poverty LEAs. Similarly, under section 2004(c) of the ARP Act, the MOEquity provisions ensure that each LEA safeguards its high-poverty schools from disproportionate reductions to funding and staffing.

SEA MOEquity

Under section 2004(b) of the ARP Act, as a condition of receiving ESSER III funds, an SEA may not, in each of FY 2021–22 or 2022–23:

  • Reduce the per-pupil amount of State funding for any high-need LEA (see Question 10 in ED FAQs, linked below) by an amount that exceeds the overall per-pupil reduction in State funding, if any, across all LEAs in the State compared to baseline FY 2020–21 data.
  • Reduce the per-pupil amount of State funding for any highest-poverty LEA (see Question 11 in ED FAQs, linked below) below the per-pupil amount the SEA provided to such LEA in FY 2018–19.

California’s MOEquity data submission is available through ED’s Maintenance of Equity External link opens in new window or tab. web page.

More information about how to perform calculations and how to determine if equity has been maintained can be found in ED’s Maintenance of Equity Requirements FAQsExternal link opens in new window or tab. (PDF).

LEA MOEquity

Under section 2004(c) of the ARP Act, as a condition of receiving ESSER III funds, an LEA may not, in each of FY 2021–22 or 2022–23:

  • Reduce combined State and local per-pupil funding for any high-poverty school (see Question 23 in ED FAQs, linked below) by an amount that exceeds the total reduction, if any, of combined State and local per-pupil funding for all schools in the LEA compared to FY 2020–21 baseline data.
  • Reduce the number of FTE staff per-pupil in any high-poverty school by an amount that exceeds the total reduction, if any, of full-time equivalent (FTE) staff per-pupil in all schools in the LEA compared to FY 2020–21 baseline data.

On October 5, 2021, ED published proposed requirements related to LEA MOEquity. The timeline of these proposed requirements was adjusted in an additional Notice of Proposed Requirements External link opens in new window or tab. (PDF), published by ED on December 29, 2021. The proposed requirements are that the SEA would publish on its website data for each LEA, including:

  • Whether the LEA is exempt from MOEquity requirements during that year (by March 31, 2022 for the 2021–22 school year and by November 1, 2022 for the 2022–23 school year).
  • If an LEA is not exempt:
    • Which schools are identified as high-poverty schools as defined in MOEquity guidance and section 2004(d)(4) of the ARP Act (by March 31, 2022 for the 2021–22 school year and by November 1, 2022 for the 2022–23 school year).
    • Per-pupil funding for each high-poverty school in the LEA in FYs 2020–21, 2021–22, and 2022–23 as applicable for the year in which the data are published (by December 31 following the applicable school year).
    • Per-pupil amount of funding in the aggregate for all schools in the LEA for FYs 2020–21, 2021–22, and 2022–23 as applicable for the year in which the data are published (by December 31 following the applicable school year).
    • Per-pupil FTE staff for each high-poverty school in the LEA in FYs 2020–21, 2021–22, and 2022–23 as applicable for the year in which the data are published (by December 31 following the applicable school year).
    • Per-pupil number of FTE staff in the aggregate for all schools in the LEA in FYs 2020–21, 2021–22, and 2022–23 as applicable for the year in which the data are published (by December 31 following the applicable school year).
    • Whether an LEA did not maintain equity for any high-poverty school in FYs 2021–22 or 2022–23 (by December 31 following the applicable school year).
  • If an LEA maintains equity by grade span, the data above may be reported by grade span.
  • The SEA must ensure the data reported are accurate and consistent with the requirements in section 2004(c) of the ARP.

CDE is awaiting finalized guidance from ED to release instructions on data collection and reporting. CDE submitted public comment on November 4, 2021 to address concerns about the extreme burden this timeline places on LEAs to collect and report data.

For a timeline of LEA MOEquity reporting requirements, please see the CDE Federal Stimulus Reporting web page.

Additional information about reporting requirements can be found on the ESSER III Fund Frequently Asked Questions web page.

More information about how to perform calculations and how to determine if equity has been maintained can be found in ED’s Maintenance of Equity Requirements FAQs External link opens in new window or tab. (PDF; posted 12-Oct-2021).

Exceptions

On October 12, 2021, ED released additional guidance detailing the LEA Local Maintenance of Equity Exception Process for FY 2021–22 External link opens in new window or tab. (PDF; posted 12-Oct-2021).

An LEA may request an exception under the following circumstances:

If an LEA... How to Request Exceptions
  1. Has a total enrollment of less than 1,000
  • Complete the Maintenance of Equity Exception Certification Questionnaire within the CDE CARES Act Reporting Portal External link opens in new window or tab. during the 2021 Winter Reporting Cycle
  • The LEA should maintain documentation that the LEA is excepted from the local maintenance of equity requirements and share with the SEA, if requested, for further monitoring and auditing purposes
  1. Operates a single school
  • Complete the Maintenance of Equity Exception Certification Questionnaire within the CDE CARES Act Reporting Portal External link opens in new window or tab. during the 2021 Winter Reporting Cycle
  • The LEA should maintain documentation that the LEA is excepted from the local maintenance of equity requirements and share with the SEA, if requested, for further monitoring and auditing purposes
  1. Has one school per grade span
  • Complete the Maintenance of Equity Exception Certification Questionnaire within the CDE CARES Act Reporting Portal External link opens in new window or tab. during the 2021 Winter Reporting Cycle
  • The LEA should maintain documentation that the LEA is excepted from the local maintenance of equity requirements and share with the SEA, if requested, for further monitoring and auditing purposes
  1. Did not have an aggregate reduction in combined State and local per-pupil funding in FY 2021–22 (i.e., is not facing overall budget reductions)
  1. Believes it otherwise qualified for an exception due to an “exceptional or uncontrollable circumstance.” Please see FAQ 32 of the MOEquity FAQS External link opens in new window or tab. (PDF) for additional information on this exception, including unique circumstances for the 2021–22 school year that may apply to your LEA
  • Complete the Maintenance of Equity Exception Certification Questionnaire within the CDE CARES Act Reporting Portal External link opens in new window or tab. during the 2021 Winter Reporting Cycle
  • The LEA must submit a request for exception from the U.S. Department of Education. This is a narrative description to justify your exception. Exception requests must be submitted to California.oese@ed.gov, and must copy EDReliefFunds@cde.ca.gov.

For a timeline of LEA MOEquity reporting requirements, please see the CDE Federal Stimulus Reporting web page.

Additional information about reporting requirements can be found on the ESSER III Fund Frequently Asked Questions web page.

Local MOEquity Reports

The CDE is committed to supporting its LEAs to maintain fiscal equity for its schools, as required by section 2004(c) of the ARP Act. The CDE has focused efforts on providing technical assistance to inform LEAs of the local MOEquity requirements as guidance has been made available, to answer questions, and to support compliance.

The CDE has developed publicly accessible resources for LEAs, including:

The CDE has provided regular outreach to LEAs through listserv and targeted mail merge communications in order to share these resources, inform LEAs of requirements and timelines, provide deadline reminders, and clarify commonly occurring questions.

The CDE has performed individual outreach to LEAs through emails and calls when data quality concerns arise, providing additional technical assistance and responding to questions. The CDE has also presented during webinars to share and clarify federal guidance as it has become available. The CDE monitors the EDReliefFunds@cde.ca.gov email to respond to questions from LEAs regarding local MOEquity requirements as quickly as possible.

Should LEAs be determined to not meet the MOEquity requirement for a substantial number of schools by December 14 following the applicable fiscal year (e.g. December 14, 2022 for the 2021–22 fiscal year), CDE staff will work with them to ensure allocations to schools are appropriate and in line with the weighted funding in the State’s Local Control Funding Formula. The CDE will also review the district’s enrollment and other confounding factors to determine whether the district may be exempt from the requirement or whether it should apply for a waiver. If the LEA is not exempt, the CDE will provide technical assistance to those districts to assist them in making plans for timely changes by the following May so that they may meet the MOEquity requirement for the subsequent school year, if feasible (CDE recognizes that some unique challenges exist with respect to portions of the requirement; for example, the staffing requirement can be particularly difficult for rural districts or those who need to fill specialized staff positions).

Please find required data postings below:

LEAs excepted from FY 2021–22 LEA-level MOEquity requirements (XLSX; Posted 6-Jul-2022)

Identity of “high-poverty schools” for FY 2021–22 for LEAs not excepted from LEA-level MOEquity Requirements (XLSX; Posted 6-Jul-2022)

State Plan

Below is the version of California’s ARP ESSER State Plan that was approved by the California State Board of Education on July 14, 2021 and submitted to ED on July 29, 2021.

ARP ESSER State Plan (DOCX; Posted 12-Aug-2021)

Below is the revised version of California’s ARP ESSER State Plan submitted to ED on September 24, 2021.

Revised ARP ESSER State Plan (DOCX; Posted 28-Sep-2021)

Below is the final version of California's ARP ESSER State Plan, which was approved by ED on November 4, 2021.

Final ARP ESSER State Plan External link opens in new window or tab. (PDF; Added 04-Nov-2021)

ED Approval Letter External link opens in new window or tab. (PDF; Added 04-Nov-2021)

Required Data Posting

Under the ARP Act, the CDE must make publicly available student enrollment data and, to the extent available, student attendance data for all students and disaggregated by students from low-income families, students from each racial and ethnic group, gender, English learners, children with disabilities, children experiencing homelessness, children in foster care, and migratory students for each mode of instruction.

The information can be found here: Appendix A Data (DOCX; Posted 21-Jun-2021)

FAQs

ESSER III Fund FAQs (Updated 02-Nov-2021)

ESSER III Expenditure Plan FAQs (Added 16-Aug-2021)

ED ESSER and GEER FAQs External link opens in new window or tab. (PDF; Added 27-May-2021)

ED Maintenance of Equity FAQs External link opens in new window or tab. (DOCX; Added 09-Jun-2021)

Other Information

ARP Act Text External link opens in new window or tab. (PDF)

ARP ESSER (ESSER III) Fact Sheet External link opens in new window or tab. (PDF)

ARP ESSER Interim Final Rule External link opens in new window or tab.

ESSER III Allocation Methodology and Table External link opens in new window or tab. (PDF; Updated 25-Jun-2021)

Questions:   CDE Federal Stimulus Team | EDReliefFunds@cde.ca.gov
Last Reviewed: Wednesday, July 6, 2022
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