Official Site of The State of New Jersey

The CARES Act (ESSER I) enumerates 12 allowable uses of funds related to preventing, preparing for, and responding to COVID-19. While the CRRSA legislation (ESSER II) contains three additional allowable uses. USED has stated that these uses would also be allowable under the CARES Act.  The ARP ESSER legislation contains additional allowable uses which USED has indicated through guidance would be allowable under the three tranches of the ESSER funds.  These uses include developing strategies and implementing public health protocols, to the greatest extent practicable, policies in line with CDC guidance for the reopening and operation of school facilities to effectively maintain the health and safety of students, educators and other staff.

Q1: Do the Title I, Part A rules govern which students can be served with ESSER funds?
A1: The Title I, Part A rules do not apply to the ESSER funds. Local Educational Agencies (LEAs) should make decisions regarding the use of ESSER funds based on the allowable uses, the intent of the legislation and necessary, reasonable and allocable considerations.

Q2: May a LEA use ESSER funds for a pre-kindergarten or other early childhood education program?
A2: Yes. An early childhood education program is an allowable use of funds under the ESEA. It is allowable under the ESSER Fund if the need for the program is in response to COVID-19, and the costs of the program are reasonable and necessary. (CARES Act section 18003(d)(1); 2 CFR §§ 200.403-200.405). The CARES Act, the CRRSA Act, and ESEA section 8101(16) defines “early childhood education program” as it is defined in the Higher Education Act of 1965. Under that definition, an “early childhood education program” is:

1.  a Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.), including a migrant or seasonal Head Start program, an Indian Head Start program, or a Head Start program or an Early Head Start program that also receives State funding;
2. a State licensed or regulated child care program; or
3. a program that—
   1. serves children from birth through age six that addresses the children’s cognitive (including language, early literacy, and early mathematics), social, emotional, and physical development; and
   2. is—
      1. a State prekindergarten program;
      2. a program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or
      3. a program operated by [an LEA]. To be an allowable use of funds under section 18003(d)(1) of the CARES Act, an early childhood education program funded under ESSER must meet this definition. 

Q3: Are administrative costs allowed under ESSER? If so, are administrative costs capped at 5% of the total ESSER allocation?
A3: School districts are allowed to charge Facilities and Administrative (F&A) costs at their State approved indirect cost rate. If your district does not have an approved rate uploaded to EWEG, please reach out to eweghelp@doe.nj.gov.

Q4: May ESSER funds be used to hire additional staff to provide services to students or to provide stipends to staff for additional work?
A4: Yes. ESSER funds may be used to hire additional staff or to pay staff to provide services consistent with the allowable uses detailed in the grant. Local Educational Agencies (LEAs) are reminded to consider the project period for each of the ESSER grants when budgeting salaries.

Q5: Can a district use funds from the main ESSER II allocation to support the activities of the learning acceleration and mental health grants?
A5: Yes. Districts may combine ESSER II funds to support the activities outlined in their application as long as the activities meet the criteria for allowable use(s) and the funds are used as required for each grant (e.g., 10% of the mental health grant must be allocated for professional development). Below is a fictional scenario of how a district may combine ESSER II funds to support a summer learning academy.

Q6: If a district has issued non-renewals to staff due to COVID-19, may the district use ESSER funding to supplement the district’s payroll?
A6: Yes. ESSER funds may be used to supplement the district’s payroll.

Q7: Would anything prohibit a school district from applying the ESSER funds towards special education out-of-district tuition costs, which is what IDEA funds are typically allocated towards?
A7: No. There is no prohibition on using the ESSER funds for out-of-district tuition for students with disabilities, as this is an allowable use of funds under the IDEA.  However, LEAs must keep in mind that if out-of-district tuition has historically been paid with local (or State and local) funds there may be an issue with meeting Maintenance of Effort (LEA MOE) requirements under the IDEA.  As per the regulation 34 CFR §300.203(b), funds provided to an LEA under IDEA must not be used to reduce the level of expenditures for the education of children with disabilities made by the LEA from local (or State and local) funds below the level of those expenditures for the preceding fiscal year.  This would apply to a reduction of local (or State and local) expenditures using any federal funds, including ESSER.  USED has not issued any waiver for IDEA’s LEA MOE requirement.

Q8: Are purchases of Personal Protective Equipment (PPE) allowable under the ESSER grant? Are districts allowed to contract with a vendor and/or service provider to clean and sanitize school buildings?
A8: Yes. Purchases of PPE are allowable uses of ESSER Funds and districts may contract with outside vendors for cleaning services.

Q9: My food service vendor has incurred additional costs due to COVID-19. The company has separated these costs on their invoices (supplies for their staff / increased cleaning / bags for the lunches). Is the LEA allowed to utilize ESSER funding for these expenses?
A9: Yes. Based on the LEA's needs assessment, the LEA is allowed to use ESSER I, ESSER II, and ARP ESSER funds for increased food service costs, whether these are provided directly by the LEA or through an outside food service vendor. An LEA must track these costs by ensuring all invoices and purchase orders delineate all additional costs incurred by the food service vendor (i.e., staff supplies, increased cleaning materials, bags for lunches, etc.).

Q10: May ESSER funding be used to cover the cost of food for students during a summer learning program?
A10: All expenditures for food must be reasonable in cost, necessary to accomplish the summer learning program’s objectives, and an integral part of the instructional program. The total cost of the food must be nominal in nature and include light refreshments and snacks. For example, allowable food costs include, but are not limited to: nutritional snacks for students in extended day/year programs (e.g., summer learning program, before- and/or after-school program, weekend program, holiday or semester break program); light breakfast food (e.g., milk, juice, nutritional cereal, nutritional breakfast bar, fruit); light lunch food (e.g., milk, water, slice of pizza, fruit, yogurt).

Q11: One of the allowable uses of ESSER funds is ‘providing principals and other school leaders with the resources necessary to address the needs of their individual schools.’ Would the employment of a short-term assistant principal fall under this allowable use? Since students have returned to school full time this year, the need for student support, particularly in the area of student behavior (discipline), has increased dramatically. This has resulted in the need for additional administrative support in the school.
A11: The district may use ESSER funding to develop or implement an innovative approach to providing instruction to accelerate learning and mitigate the effects of lost instructional time for students most impacted by the COVID-19 pandemic. These costs may include supplementing the salaries of educators and other qualified personnel to perform additional services, as well as hiring additional staff to provide intensive support to students. Given these conditions, the district may use its ESSER funding to hire a ‘short-term’ assistant principal to provide more focused and direct support to students who have returned to in-person, full-time instruction.

Q1: Will districts be permitted to submit amendments to the initial application?
A1: Yes. A district may submit an amendment to its originally approved ESSER Application.

Q2: How does a district access the ESSER Application in the EWEG system?
A2: The district can access the application through the EWEG system. Please see the following links with instructions on how to navigate the EWEG system.

• Tips for Using the NJDOE EWEG System
• Information on Payments Through EWG
• Office of Grants Management: General Federal Entitlement Grant Guidance

Q3: I have completed the application and there are GAAP line item codes (function) for the grant, so can I enter the appropriation into the accounting software?
A3: Please refer to this Quick Reference of Commonly Requested Costs and the Navigating the Uniform Grant Guidance for New Jersey School Districts for GAAP guidance.

Q4: What is the due date for submission of the ESSER Application?
A4: The ESSER I Application due date was June 19, 2020. The ESSER II application was due June 1, 2021. (Note, on May 12, 2021, the NJDOE extended the ESSER II application deadline from May 14, 2021 to June 1, 2021).  The ARP ESSER application due date was November 24, 2021.  

Q5. What is the Tydings period?
A5. The Tydings period refers to a provision per Section 421(b) of the General Education Provisions Act (GEPA), to extend the period of availability of prior fiscal year funds. This provides districts an additional twelve (12) months to obligate any funds that were not obligated at the end of the original 12-month project period.

Q6. Is Board of Education approval required to submit the ESSER Application and accept the allocation of funds? Will the Board approval date for the district’s ESEA Application represent the Board approval date for the ESSER Application?
A6. No. The LEA should follow the district’s funding application approval process. A Board of Education approval date and upload are not required to submit the ESSER Applications or accept funds.

Q7. How will the district receive payment of the ESSER funds? Do we submit reimbursement requests once a month through the EWEG system, similar to our practice for ESEA and IDEA funds? By what date should ESSER reimbursement requests be submitted through the EWEG system?
A7. Instructions on how to complete the payment process in the EWEG system are found in the Instructions for Submitting Interim and Final Reports document and the New Jersey Department of Education Policies and Procedures for Reimbursement for Federal and Other Grant Expenditures document.

Q1. What accounting codes should be used for these funds?

The 2020-2021 edition of the Uniform Minimum Chart of Accounts for New Jersey Public Schools and Approved Private Schools for Students with Disabilities provides information on the appropriate accounting codes.

Q2. Do we have to follow federal purchasing laws or NJ state purchasing laws and procurement procedures, thresholds, and guidelines as other federal grants (ESEA and IDEA)?
A2. Yes. All Federal and state procurement laws and regulations apply to the use of ESSER funds. Districts must follow the Uniform Grant Guidance and ensure that all bids and procurement processes are aligned with Federal purchasing requirements. Please see the Navigating the Uniform Grant Guidance: A Guide for New Jersey School Districts for more information.

The USED has emphasized school facility repairs and improvements as areas LEAs should consider when budgeting both ESSER and ESSER II funds. Although not specifically enumerated in the allowable uses under the CARES Act, USED has indicated that the allowable use language in the CRRSA Act would apply to the CARES Act as well. Specifically, LEAs should consider:

• 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
• Inspection, testing, maintenance, repair, replacement and upgrade projects to improve the indoor air quality in school facilities, including mechanical and non-mechanical hearing, ventilation, and air conditioning systems, filtering, purification and other air cleaning, fans, control systems, and window and door repair and

Q1. May a LEA, either a charter or a traditional school district, use ESSER funds for leasehold improvements that would otherwise be allowable if the LEA owned the facility? For example, may LEAs use ESSER funds for facilities projects in facilities owned by contracted preschool providers that would otherwise be allowable in a facility owned by the LEA?
A1. In general, alterations to space for students are allowable under ESSER to the extent they are reasonable and necessary. With respect to temporary leased space in particular, any alterations must be necessary such that they really are needed to make the space usable but shouldn’t unjustifiably benefit the owner of the leased space. Improvement to spaces related to COVID-19 that the LEA, charter school, or preschool uses for the long term, and will benefit the LEA/charter school/preschool beyond the end of the grant period, would therefore be subject to a “reasonable and necessary” analysis that is similar to the analysis of improvements that would apply to spaces that the LEA owns.

Q2. May ESSER funds be used for Architectural/Engineering fees?
A2. Yes. ESSER funds may be used for architectural/engineering fees in association with an approved construction project by the New Jersey Department of Education (NJDOE), Office of School Facilities. 

Note: Construction is authorized under Title VII of the ESEA (Impact Aid) and, therefore, an allowable use of ESSER funds under section 18003(d)(1) of the Coronavirus Aid, Relief, and Economic Security Act (CARES); section 313(d)(1) of the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSA); and section 2001(e)(2) of the American Rescue Plan Act (ARP).  The Impact Aid program statute defines “construction” as “(A) the preparation of drawings and specifications  for school facilities; (B) erecting, building, acquiring, altering, remodeling, repairing, or extending school facilities; (C) inspecting and supervising the construction of school facilities; and (D) debt service for such activities.” [ESEA section 7013(3), 20 U.S.C. § 7713(3)].  It is the responsibility of the LEA to assure that individual costs: 1) comply with the Cost Principles in 2 CFR Part 200, subpart E (e.g., the cost must be “necessary and reasonable” [(2 CFR §§ 200.403-200.404)]; 2) meet the overall purpose of the CARES Act, CRRSA Act, or ARP Act programs, which is “to prevent, prepare for, and respond to” COVID-19;” and 3) are consistent with the proper and efficient administration of those programs. Approved construction projects (i.e., remodeling, renovation, and new construction) also must comply with applicable Uniform Guidance requirements, Davis-Bacon prevailing wage requirements and all the U.S. Department of Education’s applicable regulations regarding construction at 34 CFR§§ 76.600 and 75.600-75.618.  

Q3. Is an asbestos abatement and subsequent replacement of flooring project an allowable use of ESSER funds?
A3. Yes. The asbestos abatement and subsequent replacement of flooring project is an allowable use of ESSER funds if it is related directly to a school facility repair and improvement project that enables the operation of schools to reduce risk of virus transmission and exposure to environmental health hazards, and to support the health needs of students and staff.  If the asbestos abatement and subsequent floor replacement project represents a scheduled general maintenance project (prior to COVID-19) not related directly to the impact of COVID-19 on the safe operation of schools to reduce risk of virus transmission and exposure to environmental health hazards, then ESSER funding cannot be utilized to pay the cost of this project.  The LEA must maintain documentation on file to certify the allowability of this project.

Q4. What is the process for approval of any capital improvements that will be funded with ESSER funds?
A4. In order to obtain approval on any capital improvement project, the LEA must submit electronically, a Project Application form to the New Jersey Department of Education (NJDOE), Office of School Facilities at Submission.Project@doe.nj.gov.  All project schematic or final drawings must be submitted as Adobe Acrobat PDF files.  To obtain more information on the application submission process and formal application approval process, please access the NJDOE Office of School Facilities.

Q5. May ESSER funds be used for a feasibility study for HVAC replacements (i.e., a study to determine what is needed and the cost)?
A5. Yes, if a feasibility study must be conducted to determine the viability of the HVAC replacement and, subsequently, be able to move forward with such project, the ESSER funds may be used for this purpose, as long as this proposed project aligns to at least one of the LEA’s identified needs.  The LEA must ensure the costs of this feasibility study are necessary and reasonable to meet the overall purpose of the ESSER grant program, which is “to prevent, prepare for, and respond to the impact of COVID-19.” [2 CFR §§200.403-200.404] 

Q6. Are roofing projects an allowable use of ESSER funds?
A6. Yes, school facility repairs and improvements, including roofing projects are an allowable use of ESSER funds, if they are directly related to enabling the operation of schools to reduce the risk of virus transmission and exposure to environmental health hazards, and to support the health needs of students and staff.    If the roofing project represents a scheduled general maintenance project (prior to COVID-19) not related directly to the impact of COVID-19 on the safe operation of schools to reduce risk of virus transmission and exposure to environmental health hazards, then ESSER funding cannot be utilized to pay the cost of this project.  The LEA must maintain documentation on file to certify the allowability of this project.

Q1. Will the ESSER Funds be included in the Collaborative Monitoring process?
A1. Yes, the Risk Assessment Tool which is used by the NJDOE to identify LEAs for both onsite and desk monitoring of Federal funds and LEAs will be updated to include the ESSER funds. Both onsite and desk monitoring will include a review of the ESSER funds.

There is no requirement to provide equitable services with the ESSER II or ARP ESSER funds.

Q1. If a nonpublic school does not respond to the notification after trying to contact them through multiple measures should the district indicate in the ESSER Application that the nonpublic school is refusing equitable services? What happens if the nonpublic schools do not return the Affirmation of Consultation forms?
A1. If a nonpublic school does not respond to an LEA’s good faith effort to make contact, the LEA has no further responsibility to provide equitable services to students or teachers in that nonpublic school. The LEA, however, must be able to demonstrate that it made a good faith effort to contact all nonpublic schools within the boundaries of the LEA.

Q2. Are nonpublic schools only those that are located within the borders of the town our school is in or are we also contacting nonpublic schools in neighboring districts (aid in lieu families)?
A2. Districts must consult with only nonpublic schools within the district’s borders.

Q3. What is the email address to which to send nonpublic Affirmation of Consultation forms?
A3. Districts should email the completed and signed Affirmation of Consultation forms to CARESActConsultation@doe.nj.gov

Q1. What is the purpose of the ESSER II Mental Health Services and Supports Grant?
A1. The NJDOE has designated $30 million from the State set-aside for the provision of mental health services and supports. These funds will support schools in building a continuum of school-based mental health services and supports for students and educators, in coordination with existing county and local services. Allocations for these funds were based upon total LEA enrollment with a minimum of $45,000 per LEA. The allocations are also available on the CRRSA Fund Allocations PDF. Each LEA will spend at least 10% of the allocation on professional development that supports the provision of school-based mental health supports and services. The remaining amount can be invested in the further development of mental health supports and services within the school district and/or partnerships with community agencies to ensure that additional programming and supports can be provided to students, educators, and families. Examples of ways to use funds for mental health supports and services and planning considerations for mental health supports and services have been developed to assist LEAs with determining the best use of their allocation.

Q2. How do districts build sustainability of mental health supports and services implemented using CRRSA/ESSER II funds after the life of the grant?
A2. Mental health supports and services are allowable uses of both ESSER I and ESSER II for use over the grant periods. The goal of the dedicated mental health allocation provided through ESSER II is for LEAs to develop or enhance a Multi-Tiered System of Supports (MTSS) framework to provide school- based mental health supports and services to students, educators, and families. Depending on what supports a district determines are needed at a particular tier or tiers, it will be important to consider the timeline for use of the various funds and how costs can be built into a district’s budget or redirected within the LEA’s base budget after the life of the grant. One example could be to contract with a community-based mental health agency to provide an in-district Tier 3 intensive therapeutic support program, which could include individual, group and family therapy aimed at supporting students’ ability to attend their local school rather being placed in a therapeutic out of district placement. A well developed in-district therapeutic program could allow for students currently attending costly out of district therapeutic placements to return to their in-district school setting with intensive mental health supports and services. Those monies could then be re-directed to pay for the contractor once the ESSER II grant period ends.

Q3. Can the ESSER II Mental Health Services and Supports grant funds be used to provide mental health supports and services, other than professional development, for staff as well as students?
A3. Yes. Funds from the mental health allocation can be used for staff to support general mental health and wellness. One example could be contracting with a community-based mental health agency to offer educator wellness support groups for staff. However, if individual staff are demonstrating significant mental health challenges, they should be referred to your Employee Assistance Program (EAP) for support.

Q1. Can districts use the Supporting the Learning Ecosystem funds for analyzing student data?
A1. Yes. Using data to understand student learning needs is critical to selecting evidence-based strategies for accelerating learning.

Q2. Can any portion of the Learning Acceleration grant be used for enrichment for non-struggling students?
A2. Yes. The Learning Acceleration grant may be used to meet the needs of all students. However, the NJDOE encourages districts to review and analyze data and identified needs and engage stakeholders throughout the process to collectively prioritize the necessary resources to support learning acceleration.

Q3. Can all of the Academic Enrichment allocation be used for STEM, or does there have to include ELA and the Arts?
A3. No. The Academic Enrichment allocation has sub-allocation requirements on the activities and experiences. The sub-allocations are 75% of the Academic Enrichment allocation is for STEM, and the remaining 25% is for ELA and the Arts. 4. Can we use funds to pay staff to provide PD or attend PD outside of contractual time?
Yes.  Stipends for additional work related to the allowable uses are allowable when they exceed work/planning done outside the contract scope. As always, we encourage the judicious use of the funds to cover mission-critical professional development and reasonable expenses around learning acceleration.

Q4. Can we use funds to pay staff to provide PD or attend PD outside of contractual time?
A4. Yes. Stipends for additional work related to the allowable uses are allowable when they exceed work/planning done outside the contract scope. As always, we encourage the judicious use of the funds to cover mission-critical professional development and reasonable expenses around learning acceleration.

Q5. Can you move money from Learning Acceleration and Mental Health to the ESSER II section?
No. The funds set aside for Learning Acceleration and Mental Health must be used for those purposes. 6. Can ESSER I funds be used for Learning Acceleration projects as required by ESSER II?
Yes. The additional allowable uses of funds under the CRRSA Act are also permitted under the CARES Act. ESSER I and ESSER II funds need to be tracked separately. 7. For the last several years, an outside organization has been providing a summer program for the LEA’s students. This program is supported through fundraising efforts, but due to the impact COVID-19 pandemic had on funding raising efforts, the organization does not have sufficient funding to fully operate the program for the 2021-2022 school year.  May ESSER II funding be used to contract with this outside organization to operate this summer academic and enrichment program?  Currently, the LEA does not have enough staff to run this type of summer program for students.
A5. Yes. LEAs may partner with organizations and institutions to leverage their programs that have a proven record of success in addressing the academic and/or social-emotional needs of district students.  For the Learning Acceleration Grant, this aligns with the requirements to provide extended learning via academic enrichment for students (75%) and supporting the learning ecosystem (25%). This proposed use of funds must address at least one (1) of the LEA's identified needs and be necessary, reasonable, and allocable for the performance of the ESSER II grant. The LEA must include specific information on this proposed use of funds in the ESSER II grant, to show how this proposed use meets the intents and purposes of the grant, as well as how the LEA works in collaboration with the outside organizations and/or institutions to monitor student progress throughout the programs.  Evidence-based summer learning and enrichment programs are described further in Volume 2 of the U.S. Department of Education COVID-19 Handbook available at https://www2.ed/gov/documents/coronavirus/reopening-2.pdf.

Q6. Can ESSER I funds be used for Learning Acceleration projects as required by ESSER II?
A6. Yes. The additional allowable uses of funds under the CRRSA Act are also permitted under the CARES Act. ESSER I and ESSER II funds need to be tracked separately.  

Q7. For the last several years, an outside organization has been providing a summer program for the LEA’s students. This program is supported through fundraising efforts, but due to the impact COVID-19 pandemic had on funding raising efforts, the organization does not have sufficient funding to fully operate the program for the 2021-2022 school year. May ESSER II funding be used to contract with this outside organization to operate this summer academic and enrichment program? Currently, the LEA does not have enough staff to run this type of summer program for students.
A7. Yes. LEAs may partner with organizations and institutions to leverage their programs that have a proven record of success in addressing the academic and/or social-emotional needs of district students. For the Learning Acceleration Grant, this aligns with the requirements to provide extended learning via academic enrichment for students (75%) and supporting the learning ecosystem (25%). This proposed use of funds must address at least one (1) of the LEA's identified needs and be necessary, reasonable, and allocable for the performance of the ESSER II grant. The LEA must include specific information on this proposed use of funds in the ESSER II grant, to show how this proposed use meets the intents and purposes of the grant, as well as how the LEA works in collaboration with the outside organizations and/or institutions to monitor student progress throughout the programs. Evidence-based summer learning and enrichment programs are described further in Volume 2 of the U.S. Department of Education COVID-19 Handbook available at https://www2.ed/gov/documents/coronavirus/reopening-2.pdf.  

 Q8. Would an LEA be able to use ESSER II funds to offer credit recovery in the summer for students who failed core subjects in STEM and ELA? Would this be considered "enrichment?"
A8. Yes. The LEA can use the ESSER II funds for credit recovery for students who failed core subjects in STEM and ELA. The term “Enrichment” in the Learning Acceleration Grant refers to “enriching” learning experiences.  The Academic Enrichment Allocation of the Learning Acceleration Grant is available for use in summer programs that offer all three (3) types of summer courses outlined in code - "advancement" and "remedial" offer credit and the last, "enrichment," does not offer credit. The type of course offering is fully at the LEA’s discretion to meet the needs of all students.

Q1. Does the Safe Return plan have to be updated?  If so, how does the LEA update the plan?
A1. Yes. An LEA periodically, but no less frequently than every six months through September 30, 2023, must review and, as appropriate, revise its Safe Return Plan.  LEAs must go into their application in EWEG and provide updates and/or a certification.  The updates must consider public input and address any necessary changes in the following areas: 1) how the district plans to safely return students and staff to in-person instruction; 2) the provision of continuity of services; 3) how the district will maintain the health and safety of students, educators, and other staff; 4) the district’s adopted policies and description of any such policies on each of the prevention and mitigation strategies recommended by the CDC; and 5) the continuity of services, which must address students’ academic needs and students’ and staff social, emotional, mental health, and other needs (which may include student health and food services).

Q2. Please provide clarification on the following sentence listed in the Safe Return Plan template: Describe how the LEA will ensure continuity of services, including, but not limited to services to address students’ academic needs and students’ and staffs’ social, emotional, mental health, and other needs, which may include student health and food services. Please explain what is meant by ‘continuity of services.’
A2. In the publication of their regulations implementing the American Rescue Plan Act Elementary and Secondary School Relief Fund, the U.S. Department of Education (USED) provides additional context around “continuity of services.”  Please see the below excerpt from the publication.  [The full text may be found in the Federal Register American Rescue Plan Act Elementary and Secondary School Emergency Relief Fund.]

“The statutory requirements for each LEA to develop a plan for the safe return to in-person instruction and continuity of services, to seek and incorporate public comment on the plan, and to make the plan publicly available are important for planning and transparency as LEAs work to return to, or continue, the safe operation of in-person instruction.  The statute, however, does not explicitly define what it means for a plan to provide for a safe return to and continuity of in-person instruction.

Because safe return to and continuity of in-person instruction is fundamental to addressing the lost instructional time and disengagement that many students have experienced during the COVID-19 pandemic, it is essential that these plans contain precise information about how LEAs will focus on prevention and mitigation of COVID-19 specific to their communities, in order to keep students, staff, and families healthy and to avoid future shutdowns.  To ensure that each plan contains a sufficient level of specificity, the requirement sets forth several aspects of safety that each LEA plan must address.  These elements are consistent with current, relevant guidance from the CDC related to the safe reopening of schools.  The requirement does not mandate that an LEA adopt the CDC guidance, but only requires that the LEA describe in its plan the extent to which it has adopted the key prevention and mitigation strategies identified in the guidance.  The requirement also ensures that each plan will specifically address how it will continue to provide services that meet student and staff needs.  Section 2001(i) of the ARP Act requires that the plan address “continuity of services,” but does not specifically identify those services.  The requirement clarifies that, in addition to meeting academic needs, the plan also must address how the LEA will continue to provide services to meet students’ academic needs and students’ and staff social, emotional, mental health, and other needs through, for example, continuing to provide students meals and access to medical services.  According to the National School Lunch Program, before COVID-19, schools provided free or reduced-priced lunches to approximately 22 million students each day.  This is just one example of the many essential services that schools provide.  For this reason, the requirement ensures that each LEA separately addresses “continuity of services” as a discrete prong of the plan.”

Q1. Can I use funds from the ARP ESSER NJTSS Mental Health Support Staffing Grant to purchase a universal mental health/depression screener?
A1. Yes. You may use ARP ESSER NJTSS Mental Health Support Staffing Grant funds to invest in and develop a system (district-wide or within school buildings) to assist school-based personnel with implementing tier 2 and 3 needs, follow-up activities and services, or to track students in need of referral to community-based mental health tier 2 and 3 supports. You also may use funds from your ESSER II and ARP ESSER (ESSER III) general allocation and the Mental Health Supports and Services state set-aside grant.