LEA Plan: Appendix A of ARPA and Appendix B of the Interim Final Rule

Appendix A. ARPA Statutory Excerpt

“(i) Safe return to in-person instruction.—

  • (1) IN GENERAL.—A local educational agency receiving funds under this section shall develop and make publicly available on the local educational agency’s website, not later than 30 days after receiving the allocation of funds described in paragraph (d)(1), a plan for the safe return to in-person instruction and continuity of services.
  • (2) COMMENT PERIOD.—Before making the plan described in paragraph (1) publicly available, the local educational agency shall seek public comment on the plan and take such comments into account in the development of the plan.
  • (3) PREVIOUS PLANS.—If a local educational agency has developed a plan for the safe return to in-person instruction before the date of enactment of this Act that meets the requirements described in paragraphs (1) and (2), such plan shall be deemed to satisfy the requirements under this subsection.”

Appendix B. Interim Final Rule of ARP ESSER Excerpt

“(3) LEA Plan for Safe Return to In-Person Instruction and Continuity of Services.

  • (a) An LEA must describe in its plan under section 2001(i)(1) of the ARP Act for the safe return to in-person instruction and continuity of services—
    • (i) how it 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 CDC:
      • (A) Universal and correct wearing of masks.
      • (B) Modifying facilities to allow for physical distancing (e.g., use of cohorts/podding).
      • (C) Handwashing and respiratory etiquette.
      • (D) Cleaning and maintaining healthy facilities, including improving ventilation.
      • (E) Contact tracing in combination with isolation and quarantine, in collaboration with the State, local, territorial, or Tribal health departments.
      • (F) Diagnostic and screening testing.
      • (G) Efforts to provide vaccinations to school communities.
      • (H) Appropriate accommodations for children with disabilities with respect to health and safety policies.
      • (I) Coordination with State and local health officials.
    • (ii) how it 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.
  • (b) (i) During the period of the ARP ESSER award established in section 2001(a) of the ARP Act, an LEA 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.
    • (ii) In determining whether revisions are necessary, and in making any revisions, the LEA must seek public input and take such input into account.
    • (iii) If at the time the LEA revises its plan the CDC has updated its guidance on reopening schools, the revised plan must address the extent to which the LEA has adopted policies, and describe any such policies, for each of the updated safety recommendations.
  • (c) If an LEA developed a plan prior to enactment of the ARP Act that meets the statutory requirements of section 2001(i)(1) and (2) of the ARP Act but does not address all the requirements in paragraph (a), the LEA must, pursuant to paragraph (b), revise and post its plan no later than six months after receiving its ARP ESSER funds to meet the requirements in paragraph (a).
  • (d) An LEA’s plan under section 2001(i)(1) of the ARP Act for the safe return to in-person instruction and continuity of services must be—
    • (i) In an understandable and uniform format;
    • (ii) To the extent practicable, written in a language that parents can understand or, if it is not practicable to provide written translations to a parent with limited English proficiency, be orally translated for such parent; and
    • (iii) Upon request by a parent who is an individual with a disability as defined by the ADA, provided in an alternative format accessible to that parent.”