New Jersey Department of Education

American Rescue Plan Act

On August 12, 2021, the U.S. Department of Education (USED) announced its approval of New Jersey’s ARP ESSER State Plan and then on December 27, 2023, USED announced its approval of the amended plan. The plan reflects New Jersey’s commitment to supporting students, educators, and schools as they safely return to in-person learning while addressing the academic, social, emotional, and mental health impacts of COVID-19. As part of the development of the State plan and the 2023 amendments, the New Jersey Department of Education (NJDOE) engaged with stakeholders throughout the State. This valuable input helped to ensure that the State plan meets the needs of all of New Jersey’s students. For additional information, please see highlights of the approved plan.

The 2023 amended plan expanded the list of allowable uses originally set forth in the ARP ESSER formula set-aside grants or “subgrants” allocated to LEAs. For example, LEAs may now use funding from the Learning Acceleration Student and Educator Support Grants for direct student supports and high-impact tutoring. Similarly, LEAs may also now use funding from the New Jersey Tiered System of Supports (NJTSS) Mental Health Support Staffing Grant for a broader range of mental health services within the NJTSS Framework. Additional details are available in the individual set-asides drop-down menu below. See the October 2023 broadcast memorandum for more information.

About The American Rescue Plan (ARP) Act

On March 11, 2021, President Biden signed the Federal American Rescue Plan Elementary and Secondary School Emergency Relief (ARP ESSER) Fund, Public Law 117-2, into law. As with the previous ESSER funds available under the Coronavirus Aid, Relief and Economic Security (CARES) Act, and the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSA), the purpose of the additional funding is to support local educational agencies (LEAs) in preparing for and responding to the impact of COVID-19 on educators, students, and families.

In addition to the ESSER I and ESSER II uses of funds which includes hiring new staff and avoiding layoffs, the ARP ESSER requires LEAs to reserve not less than 20 percent of its total ARP ESSER allocation to address learning loss through 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, and emotional needs and address the disproportionate impact of COVID-19 on underrepresented student groups.

In addition, section 2001(e) of ARP specifically authorizes an LEA to use ARP ESSER funds to develop strategies and implement public health protocols including, to the greatest extent practicable, policies in line with guidance from the CDC for the reopening and operation of school facilities to effectively maintain the health and safety of students, educators, and other staff.

ARP ESSER Fund awards to LEAs (including charter schools that are LEAs) are allocated in the same proportion as those funds received under Part A of Title I of the Elementary and Secondary Education Act of 1965, as amended, in school year 2020-21.  In accordance with the Act, LEAs are not required to provide equitable services. ARP includes a separate program, the Emergency Assistance to Non-public Schools (ARP EANS). Additional information regarding ARP EANS will be forthcoming. Information regarding the first EANS program that was authorized under the Coronavirus Response, Relief, and Supplemental Appropriations Act can be found on the NJDOE Nonpublic site. It is important to note that ARP ESSER funds are not subject to Title I, Part A requirements.

ARP ESSER funding is a one-time appropriation from USED. In developing local plans, LEAs should be identifying other federal funding (e.g. entitlement grants such as Title I and IDEA) to promote sustainable implementation and supports to students. For more information on how different funds may be used, please visit the NJDOE Maximizing Federal Funds website.


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