ESSER Funding

Planning for ESSER Funding with Students with Disabilities in Mind

Are students with disabilities included throughout your school district’s Elementary and Secondary School Emergency Relief (ESSER) planning and budgeting process? What does your allocation plan for students with disabilities say about your district’s definition of equity? By integrating supports for students with disabilities, we are better able to support the variable needs of ALL students.



INTRODUCTION

State Education Agencies (SEAs) were required to have submitted their plans for federal relief funds. Local Education Agencies (LEAs) or school districts and other supporting decision-makers must now create their own plans for how these funds will be spent.

 

Over the past year, some groups within our educational communities have felt a disproportionate impact of the COVID-19 pandemic, including communities of color, those experiencing poverty, and students with disabilities. Advancing equitable practices is more important than ever as we now have the opportunity, and the funding, to close the gap so all students can be provided with opportunities to meet their potential. 

 

The purpose of this resource is to outline and provide resources to support LEAs and other decision-makers as they create ESSER funding plans, with specific consideration and inclusion of students with disabilities. 

disproportionate impact

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According to the U.S. Department of Education’s Office for Civil Rights (OCR) report, Education in a Pandemic: The Disparate Impacts of COVID-19 on America’s Students, “Gaps that existed before the pandemic—in access, opportunities, achievement, and outcomes—are widening. And we can see already that many of these impacts are falling disproportionately on students who went into the pandemic with the greatest educational needs and fewest opportunities—many of them from historically marginalized and underserved groups.”

students with disabilities

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According to Education in a Pandemic: The Disparate Impacts of COVID-19 on America’s Students:

  • In a survey of nearly 1,600 parents, parents of children with Individualized Education Programs (IEPs) were more than twice as likely as parents of children without IEPs to say that their child was doing little to no remote learning and that distance learning was not going well.
  • A Virginia school district had a 111% increase in the number of students with disabilities receiving Fs in two or more subjects in the first quarter of the 2020-2021 school year.
  • Twice as many sixth graders with disabilities in a Maryland school district received failing grades in English than in the previous year.

 

Krista Soria, assistant director for research for the student experience in the Research University SERU Consortium (North America Division) at the University of California, Berkeley, states: “Students with ADHD often express that their home environments are too distracting for them to effectively complete their homework, students with major depressive disorder are experiencing unprecedented levels of isolation and loneliness, and students with generalized anxiety disorder are encountering significantly higher levels of anxiety due to the ambiguity surrounding the pandemic and uncertainty about the future of their education.” 

opportunity

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Research from Northwest Evaluation Association (NWEA) shows that:

  • Students with disabilities had more growth in reading and math during certain school years than their peers without disabilities. 
  • However, assessment data also showed greater academic losses over the summer for students with disabilities. 
  • Research outcomes suggest that summer slide and lost instructional time due to the pandemic can and will have a disproportionate impact on academic growth of students with disabilities. 
  • Therefore, it is essential that schools develop methods of support to accelerate learning (rather than focusing primarily on  remediation) using federal funding (NCLD).

 

AIR’s Research Brief, Spotlight on Students with Disabilities, included the following summary: 

  • During the early months of the pandemic, LEAs used technology and human resources to create new ways to comply with the federal law. By generating ways to provide tiered systems of support and effective, evidence-based interventions virtually and asynchronously, schools have the potential to successfully support students with disabilities, regardless of whether students with disabilities are able to engage in person or remotely with educators and service providers in SY 2020–21. 
  • Even with these innovations, all LEAs will need more support to serve students with disabilities appropriately and in full compliance with IDEA

BACKGROUND INFORMATION

Based on the U.S. Department of Education’s fact sheet, the chart below outlines a brief overview of what is required of LEAs in ESSER funding (on the left) and the highlights of those requirements this resource will focus on (on the right). 

 

% of Total Funding Description of Spending The Highlights This Resource Will Focus On
20% of Funds Of the total amount allocated to an LEA from the State’s American Rescue Plan (ARP) ESSER award, the LEA must reserve at least 20% of funds to address learning loss through the implementation of evidence-based interventions and ensure that those interventions respond to students’ social, emotional, and academic needs and address the disproportionate impact of COVID-19 on underrepresented student subgroups (each major racial and ethnic group, children from low-income families, children with disabilities, English learners, gender, migrant students, students experiencing homelessness, and children and youth in foster care).
  • Addressing learning loss through the implementation of evidence-based interventions and ensure that those interventions respond to students’ social, emotional, and academic needs and address the disproportionate impact of COVID-19 on underrepresented student subgroups
Everything Else Remaining LEA funds may be used for a wide range of activities to address needs arising from the coronavirus pandemic, including any activity authorized by the Elementary and Secondary Education Act (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 CTE). 

Specifically, ARP ESSER funds may be used to develop strategies and implement public health protocols including, to the greatest extent practicable, policies in line with guidance from the Centers for Disease Control and Prevention (CDC) on reopening and operating schools to effectively maintain the health and safety of students, educators, and other staff, as well as: 

  • coordinating preparedness and response efforts with state, local, Tribal, and territorial public health departments to prevent, prepare for, and respond to COVID-19; 
  • training and professional development on sanitizing and minimizing the spread of infectious diseases; 
  • purchasing supplies to sanitize and clean the LEA’s facilities; 
  • repairing and improving school facilities to reduce risk of virus transmission and exposure to environmental health hazards; 
  • improving indoor air quality; 
  • addressing the needs of children from low-income families, children with disabilities, English learners, racial and ethnic minorities, students experiencing homelessness, and foster care youth; 
  • developing and implementing procedures and systems to improve the preparedness and response efforts of LEAs; 
  • planning for or implementing activities during long-term closures, including providing meals to eligible students and providing technology for online learning; 
  • purchasing educational technology (including hardware, software, connectivity, assistive technology, and adaptive equipment) for students that aids in regular and substantive educational interaction between students and their classroom instructors, including students from low-income families and children with disabilities; 
  • providing mental health services and supports, including through the implementation of evidence-based, full-service community schools and the hiring of counselors;  
  • planning and implementing activities related to summer learning and supplemental after-school programs; 
  • addressing learning loss; and 
  • other activities that are necessary to maintain operation of and continuity of and services, including continuing to employ existing or hiring new LEA and school staff. 
    • Addressing the needs of children from low-income families, children with disabilities, English learners, racial and ethnic minorities, students experiencing homelessness, and foster care youth  
    • Providing/purchasing educational technology (including hardware, software, connectivity, assistive technology, and adaptive equipment) for students that aids in regular and substantive educational interaction between students and their classroom instructors, including students from low-income families and children with disabilities 
    • Providing mental health services and supports, including through the implementation of evidence-based, full-service community schools and the hiring of counselors 
  • Addressing learning loss
  • Other activities that are necessary to maintain operation of and continuity of and services, including continuing to employ existing or hiring new LEA and school staff. 

HOW TO USE THIS RESOURCE

LEAs and other decision makers can use this resource as they create plans for ESSER funding. Specifically, this resource will provide guidance and actionable supports for including students with disabilities in ESSER funding plans. 

 

This resource is divided in six sections. These sections were created to mirror the requirements of ESSER funding.

  1. Drafting a Plan for Your ESSER Fund
  2. Addressing the Academic Impact of Lost Instructional Time
  3. Leveraging Technology to Provide Embedded Assessment and Differentiated Instruction, Including the Purchase of Educational Technology for Student Use
  4. Supporting Educators and Other School Staff
  5. Implementing Mental Health Services for Students and Educators Facing COVID-19 Pandemic-Related Trauma
  6. Addressing the Needs of Children from Low-Income Families, Children with Disabilities, English Learners, Racial and Ethnic Minorities, Students Experiencing Homelessness, and Foster Care Youth

Pop-up boxes are an important feature to this resource. Click on any underlined word enclosed in a blue box (ex: “sections” seen above) and a pop-up box will appear with information about that specific topic.

 

In each section, this resource will outline:

 

sections

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Click on a section title to link directly to each section of this resource.

1. Drafting a Plan for Your ESSER Fund

To fulfill ESSER Fund Certification and Agreement (C&A) requirements, LEAs are required to file a local application with the SEA in order to receive an ESSER formula subgrant. For information about what an SEA must include in its local application for an ESSER formula subgrant, please refer to the following excerpts taken from ESSER Fund Certification and Agreement.

  • Any LEA receiving funding under this program will have on file with the SEA a set of assurances that meets the requirements of section 442 of the General Education Provisions Act (GEPA) (20 U.S.C. 1232e)
  • To the extent applicable, an LEA will include in its local application a description of how the LEA will comply with the requirements of section 427 of GEPA (20 U.S.C. 1228a). The description must include information on the steps the LEA proposes to take to permit students, teachers, and other program beneficiaries to overcome barriers (including barriers based on gender, race, color, national origin, disability, and age) that impede equal access to, or participation in, the program.
  • The ESSER Fund provides a broad, permissive list of allowable LEA activities in Section 18003(d).

To complete the above requirements and make key decisions on how or where to allocate funding, LEAs should establish a local drafting team. 

This section will offer guidance and supports to LEAs and their drafting team as they begin drafting their plan for ESSER funding.

ESSER Requirements Including Students with Disabilities Strategies from U.S. State Plans 
  • File a local application with the SEA to receive an ESSER formula subgrant
  • Create a LEA Safe Return to In-Person Instruction Plan
  • Submit to the SEA on a reasonable timeline determined by the SEA, and make publicly available on the LEA’s website, a plan for the LEA’s use of ARP ESSER funds
West Virginia

  • The Superintendent’s Education Advisory Team (SEAT) was established in 2021. 
    • The SEAT includes teachers, school staff, principals, school district administrators, parents, and student advocacy groups. 
    • The SEAT members completed a survey and participated in small group discussions. which led to a summary report titled Views from the SEAT. This report has informed the development of the West Virginia Department of Education’s ARP ESSER plan. 

442 of the General Education Provisions Act (GEPA) (20 U.S.C. 1232e)

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General Education Provisions Act (GEPA): Overview and Issues, Section 442. Single LEA Application

 

As with state applications to the Secretary addressed by Section 441, LEAs are required to submit to state agencies a general application containing assurances required for all programs under which federal aid is administered through a state agency. The application is required to cover all such programs in which the LEA participates. Similar to the state applications, the LEA application must include the following assurances:

  • each program will be administered in accordance with applicable statutes, regulations, program plans, and applications;
  • control of funds and property acquired using program funds will be maintained and administered by the appropriate public agency;
  • fiscal control and fund accounting procedures will be used to ensure proper disbursement of, and accounting for, federal funds;
  • the LEA will make reports to the state agency or board and to the Secretary as may be needed for the state agency or board and the Secretary to perform their duties under each program, and each LEA will maintain records (as required in Section 443) and provide access to those records as the state board or agency Secretary deems necessary to carry out their responsibilities;
  • the LEA will provide opportunities for the participation in, planning for, and operation of each program by teachers, parents, and other interested agencies, organizations, and individuals;
  • applications, evaluations, plans, or reports related to each program will be made available to parents and the public;
  • facilities constructed under any program will be consistent with overall state construction plans and standards and with the requirements of Section 504 of the Rehabilitation Act of 1973 in order to ensure that the facilities are accessible to and usable by individuals with disabilities;18
  • the LEA has adopted effective procedures for acquiring and disseminating information and research regarding the programs and for adopting, where appropriate, promising educational practices to teachers and administrators participating in each program; and
  • none of the funds expended under any applicable program will be used to acquire equipment if such acquisition results in a direct financial benefit to any organization representing the interests of the purchasing entity or its employees.
  • Such general application will be in effect for the entire duration of each program covered, unless there are substantial changes in relevant federal or state law or “other significant change [sic] in the circumstances affecting an assurance in that application.”

427 of GEPA (20 U.S.C. 1228a)

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General Education Provisions Act (GEPA): Overview and Issues, Section 427. Equity for Students, Teachers, and Other Program Beneficiaries

The Secretary must require all applicants for assistance under an applicable program to describe the steps the applicant will take to ensure equitable access to and equitable participation in the activities to be conducted using such funds. Specifically, applicants must address the special needs of program beneficiaries (e.g., students and teachers) to overcome barriers to equitable participation, including “barriers based on gender, race, color, national origin, disability, and age.”

2. Addressing Lost Instructional Time

As NCLD’s 9 Recommendations for Inclusive Learning Recovery for Students with Disabilities surmises, the impact of the past year of virtual and remote learning for many calls for a resurgence of additional support, time, and teaching to get these students, especially students with disabilities, the highest quality education they deserve. 

This section provides guidance and support that LEAs and drafting teams can implement to address the academic impact of lost instructional time for all students, especially students with disabilities.

ESSER Requirements Including Students with Disabilities Strategies from U.S. State Plans 
Academic Learning Loss/Absenteeism

  • A-4. 2001(e)(1) of the ARP Act requires an LEA to reserve not less than 20 percent of its ARP ESSER allocation to address the academic impact of lost instructional time through the implementation of evidence-based interventions (e.g., providing intensive or high-dosage tutoring or accelerating learning; see FAQ A-10 for a definition of evidence-based), such as summer learning or summer enrichment, extended day, comprehensive after-school programs, or extended school year programs, and ensure that the interventions implemented respond to students’ social, emotional, mental health, and academic needs and address the disproportionate impact of COVID-19 on students from low income families, students of color, children with disabilities, English learners, migratory students, students experiencing homelessness, and children and youth in foster care.

A-10.  Specifically, “evidence-based,” when used with respect to a State, LEA, or school activity, means an activity, strategy, or intervention that:

  • Demonstrates a statistically significant effect on improving student outcomes or other relevant outcomes based on: 
    • Strong evidence from at least one well-designed and well-implemented experimental study (“tier 1”)
    • Moderate evidence from at least one well-designed and well-implemented quasi experimental study (“tier 2”); or 
    • Promising evidence from at least one well-designed and well-implemented correlational study with statistical controls for selection bias (“tier 3”); or 
  • Demonstrates a rationale based on high-quality research findings or positive evaluation that such activity, strategy, or intervention is likely to improve student outcomes or other relevant outcomes and includes ongoing efforts to examine the effects of such activity, strategy, or intervention (“tier 4”)

**Given the novel context created by the COVID-19 pandemic, an activity need not have generated such evidence during the COVID-19 pandemic to be considered evidence-based. 

**The Department’s What Works Clearinghouse (available at https://ies.ed.gov/ncee/wwc/) identifies the tier of evidence that reviewed studies meet, as applicable. 

**As part of the “demonstrates a rationale (tier 4)” level of evidence, grantees may develop and use approaches that are novel, if they are consistent with theoretical and empirical findings from research and the grantee will continue to review the effects of the practice to build the evidence base. Developing a logic model can help to demonstrate a rationale. Logic model resources are available at https://ies.ed.gov/ncee/edlabs/regions/pacific/elm.asp. 

**An SEA should consider using funds to provide technical assistance to its LEAs on identifying and implementing evidence-based interventions. SEAs can also review the Department’s guidance on using evidence, which can be found here: https://www2.ed.gov/policy/elsec/leg/essa/guidanceuseseinvestment.pdf. Finally, SEAs should make use of the federally funded Comprehensive Center network.

New Hampshire:

  • The SEA is offering school districts access to a learning recovery program, Recovering Bright Futures
    • Supports learning pods, an individualized instructional model. This model, supported by $6 million in ESSER II state funds, allows school districts and communities to offer small-group, multi-age, trauma-sensitive instruction to students who may need additional support. The program may serve up to 1,200 students . 
  • Launch of support structures to aid students struggling academically such as Khan Academy’s schoolhouse.world
  • Since the New Hampshire SEA first launched this innovative platform, SEAs from Arkansas, Mississippi, Alaska, Nevada, Rhode Island, North Dakota, Idaho, and Ohio have also partnered with schoolhouse.world. 
  • Investment in Yes! Program
    • This program provides students with supplemental support services including intensive tutoring and supplemental special education therapies and services. 
    • Up to 1,940 qualifying students—students with disabilities and economically disadvantaged students—are able to access up to $1,000 to obtain tutoring and special education therapies and services. 
    • Qualified education providers for this program include New Hampshire certified educators and qualified service providers including licensed therapists. 

 

Internally disseminate information concerning the disparities of students with disabilities

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Throughout the document, you will see “internally disseminate information concerning the disparities of students with disabilities.” According to the ED Disparities Impact Report, attention to these disparities is an essential part of the national conversation about how best to ensure equal opportunity for all students in the wake of the pandemic.

  • Methods of dissemination will look different in each district, but it is imperative to provide awareness of these student challenges and needs to all educators who will support students as they return to instruction this fall.

disabilities and academic loss

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  • According to Education in a Pandemic: The Disparate Impacts of COVID-19 on America’s Students:
    • In a survey of nearly 1,600 parents, parents of children with IEPs were more than twice as likely than parents of children without IEPs to say that their child was doing little to no remote learning and that distance learning was not going well.
    • A Virginia school district had a 111% increase in the number of students with disabilities receiving Fs in two or more subjects in the first quarter of the 2020-2021.
    • Twice as many sixth graders with disabilities in a Maryland school district received failing grades in English than in the previous year.

3. Leveraging Technology

According to the U.S. Department of Education, an LEA may use ESSER and Governor’s Emergency Education Relief (GEER) funds for activities that support distance education and promote long-term improvements in technology infrastructure and operations and their effective use. These activities might include providing online learning to all students, including students with disabilities, English learners, students experiencing homelessness, and students in foster care; and training educators in the effective implementation of online learning. To support the continuity of learning, an LEA may also use ESSER and GEER funds to purchase educational technology for use by students and educators.

This section provides guidance and supports to LEAs and drafting teams as they make decisions to leverage technology to best support all students, especially students with disabilities. 

ESSER Requirements Including Students with Disabilities Strategies from U.S. State Plans 
  • Providing/purchasing educational technology (including hardware, software, connectivity, assistive technology, and adaptive equipment) for students that aids in regular and substantive educational interaction between students and their classroom instructors, including students from low-income families and children with disabilities 
    • These activities might include providing online learning to all students, including students with disabilities, English learners, students experiencing homelessness, and students in foster care; 
    • and training educators in the effective implementation of online learning. (Refer to Section C-19 for more.)
    • To support the continuity of learning, an LEA may use ESSER and GEER funds to purchase educational technology for student and educator use, including: 
    • Mobile technology devices such as tablets and laptops; 
    • Providing off-campus access to reliable, high-speed internet for students and teachers through the purchase of internet-connected devices/equipment, mobile hotspots, wireless service plans, or installation of Community Wi-Fi Hotspots, especially in underserved communities; 
    • Teleconferencing applications or programs; 
    • Software/online/virtual programs, screen capture/recording software, online/virtual cultural curriculum/programs, online/virtual tutoring curriculum/programs, learning management systems; 
    • Technology accessories, such as headphones, speakers, and laptop cameras; and 
  • Assistive technology devices, such as dedicated communication devices and applications for text-to-speech, graphic organizers, or word prediction. 
  • Funding may also be used to provide professional development, including through professional learning communities, to support educators in effectively using technology to provide meaningful learning opportunities for students that are aligned with grade-level expectations.
Providing/purchasing educational technology

In Consideration of  IEPs

  • Engage students with disabilities in effective digital learning experiences
  • When developing, reviewing, or revising an IEP for a student with a disability, consider whether the child requires assistive technology devices or services. 
    • Ensure websites and documents are compatible with screen reader software 
    • Provide accurate captioning or embedded sign language interpreting for video content.
    • Consider leveraging technology for IEP Team meetings to meet the diverse needs of parents.
  • States and school districts must ensure assessments are compatible with assistive technology devices.

Professional Development 

North Dakota:

  • The NDDPI (North Dakota Department of Public Instruction) Office of Special Education has hosted monthly Technical Assistance virtual meetings with the local special education unit administrative personnel. 
  • These monthly calls have consisted of guidance and discussion around meeting the needs of students with disabilities during these unprecedented times when a child’s learning environment may have had to be adjusted. 

4. Implementing Mental Health Services

According to the U.S. Department of Education, an LEA may use ESSER and GEER funds to provide mental health services and supports for students and their families, teachers, and LEA staff who are experiencing COVID-19 pandemic-related trauma, including students who were experiencing trauma prior to the pandemic that may have been exacerbated by the pandemic.

This section provides guidance and support for LEAs and drafting teams as they make plans for implementing mental health services for students, especially students with disabilities, facing COVID-19 pandemic-related trauma.

ESSER Requirements Including Students with Disabilities Strategies from U.S. State Plans 
Implementing school-wide strategies that enhance supports and interventions for students as well as targeted assistance for students who need such supports (more detail found in Section C-14). 

  • For example, an LEA might hiring additional personnel (e.g., teachers, nurses, guidance counselors, social workers, teachers’ aides, paraprofessionals). 
  • An LEA might also address the needs of students arising from the COVID-19 pandemic by using ESSER and GEER funds to implement or expand clubs (e.g., robotics or STEM clubs) or arts, music, and sports programs. 
  • LEAs should also work to ensure that schools are implementing instructional practices that are culturally responsive and incorporate trauma-informed pedagogy in response to the COVID-19 pandemic. 
    • For example, LEAs with high concentrations of English learners may hire additional bilingual staff to address those learners’ social, emotional, mental health, and academic needs. ESSER and GEER funds may be used to support implementation of curriculum, including related professional development. 
  • As noted in FAQs A-4 and A-9, in implementing evidence-based strategies to address the academic impact of lost instructional time through the ARP ESSER required reservation of funds, SEAs and LEAs must respond to students’ social, emotional, mental health, and academic needs and address the disproportionate impact of the COVID-19 pandemic on students from low-income families, students of color, English learners, children with disabilities, migratory students, students experiencing homelessness, and children and youth in foster care. 
  • Effective strategies to support student social, emotional, mental health, and academic development are further described in Volume 2 of the Department’s COVID-19 Handbook..          
North Dakota:

  • The North Dakota Full-Service Community Schools  Consortium is a group of schools actively partnering with pipeline service partners and providers to serve as a neighborhood hub where comprehensive supports are coordinated and provided for students and families through an integrated approach in their local community.

5. Supporting Educators and Other School Staff

According to the U.S. Department of Education, an LEA may use ESSER and GEER funds to stabilize and support the educator workforce and to support the conditions that will allow schools to return to in-person instruction.

This section provides guidance and support for LEAs and drafting teams as they make plans for supporting educators and other school staff, specifically those working with students with disabilities. 

ESSER Requirements Including Students with Disabilities Strategies from U.S. State Plans 
  • Funds may be used to pay teacher salaries and avoid layoffs. 
  • Funds may also be used to address educator shortages exacerbated by the pandemic by hiring new teachers, including expanding student access to a well-prepared and diverse educator workforce. 
  • Examples of strategies that could be employed to stabilize and support the educator workforce include: 
    • Supporting partnerships with educator preparation programs to expand opportunities for extensive clinical experience to teaching candidates, including leveraging candidates to provide additional support to students and address the impact of lost instructional time as students return to in person instruction; 
    • Providing ongoing support to recruit, hire, and retain a diverse school staff, including through high-quality induction and mentoring programs; 
    • Offering supplemental financial support for educators who commit to working in a high-need field or school for a minimum number of years (e.g., four years); 
    • Providing teachers professional learning opportunities on strategies for the effective use of technology for remote, hybrid, and accelerating learning; or 
    • Creating and/or supporting educational assistance programs that pay off student loans on behalf of staff as a component of recruitment and retention efforts in response to the pandemic. (More can be found in section D-1).

 LEAs should consider how best to  build short- and long-term capacity and be sustained after the funding is no longer available. 

Evidence-based approaches to stabilizing the educator workforce are further described in Volume 2 of the Department’s COVID-19 Handbook. 

  • Funds may also be used to support other school personnel such as speech therapists, guidance counselors, and social workers, to effectively provide student services virtually as needed.
  • Maintenance of Equity (MOEquity) Requirements 
Arkansas

  • The Special Education Resource Teacher Academy is a professional development program in partnership with higher education institutions in the state.
    • This program will be provided to prepare educators who are currently licensed in K-6, 4-8, or 7-12 ELA, Math, or Science to receive endorsement from the state’s Division of Elementary and Secondary Education to teach the content area in which they are currently licensed to students with exceptionalities in an inclusive and/or resource setting. 
    • The Academy programs are designed to begin in the summer with ongoing sessions/support throughout the school year. All participants could complete the entire program within one year of their acceptance. This will help provide more teachers throughout the state who can support students with disabilities.

North Dakota

  • The North Dakota Department of Public Instruction and the Governor’s Office partnered with the University of North Dakota to provide grants for supporting pathways to become teachers. All of the programs enable pre-service and practicing teachers to enhance their skills and qualifications as a special education teacher or a related service provider. The programs also serves as a recruitment strategy to address upcoming vacancies, which we predict will be exacerbated by the COVID-19 pandemic.

6. Addressing the Needs of Children

According to the U.S. Department of Education, no matter what primary instructional delivery approach is chosen, SEAs, LEAs, and individualized education program (IEP) Teams remain responsible for ensuring that a free appropriate public education (FAPE) is provided to all children with disabilities. Remaining LEA funds may be used for a wide range of activities to address needs arising from the coronavirus pandemic, including any activity authorized by the ESEA, the Individuals with Disabilities Education Act (IDEA), Adult Education and Family Literacy Act (AEFLA), or Carl D. Perkins Career and Technical Education Act of 2006 (Perkins CTE). 

This section provides guidance and support for LEAs and drafting teams as they make plans addressing the needs of children, especially children with disabilities.

ESSER Requirements Including Students with Disabilities Strategies from U.S. State Plans 
  • Regardless of whether an SEA has provided explicit guidance on using ESSER or GEER funds, SEAs and LEAs may use these funds to provide additional instruction and services to children with disabilities, often referred to as compensatory services, to address lost instructional time. 
  • A child’s IEP Team would be required to make an individualized determination whether and to what extent compensatory services may be needed, consistent with applicable requirements, including to make up for any skills that may have been lost. 
  • Similarly, states may use ESSER and GEER funds to make available early intervention services to those who were not provided such services consistent with a child’s individualized family services plan (IFSP) as a result of disruptions in services due to the COVID-19 pandemic.
  • Services to support struggling learners under section 613(f) of IDEA Part B: Providing comprehensive coordinated early intervening services (CEIS) for children not currently identified as needing special education or related services, but who need additional academic and behavioral support to succeed in a general education environment, including:
    • Professional development (which may be provided by entities other than LEAs) for teachers and other school staff to enable such personnel to deliver scientifically based academic and behavioral interventions, including scientifically based literacy instruction.
  • Strengthen tiered instruction
  • Provide professional development of school or system-wide whole child frameworks
  • Provide strong, content-based professional development to support all teachers in understanding grade level content standards to support all students to master them
Connecticut: 

  • The SmartData Dashboard

DIstrict of Columbia

  • Special Education Resource Hub
    • Covers student rights, expectations in the unprecedented school year that we faced, contact information for supports, and information about transportation, attendance, discipline, and school records. 
    • Designed to be responsive to the common five needs that families of students with disabilities have (e.g., wondering if their child has a disability, what happens if their child has been identified with a disability, or what to do when their child’s needs have changed). 
  • LEA Toolkit for Serving Students with Disabilities during Periods of Remote or Blended Learning
    • The purpose of this toolkit is to provide foundational guidance and concrete, actionable resources for LEAs as they establish and implement policies and procedures for remote and/or blended learning contexts that are consistent with the Individuals with Disabilities Education Act (IDEA) requirements. 
    • The toolkit includes videos and other templates, for example, a service adaptation worksheet, accommodation adaptation matrix, and a student data tool. 
    • OSSE hosts webinars on the toolkit and provides a deep dive technical assistance series that covers Balancing LEA Discretion and Flexibility, Ensuring Transparency and Collaboration, and Data-driven Supports. All of these resources are ready for inclusion into the What Works Clearinghouse for the sharing of best practices. 

Louisiana:

  • Strong Start Compensatory Services Guidance for Students with Disabilities
    • This frequently asked questions (FAQ) document can help school systems understand the key steps they should take to conduct a review for Strong Start Compensatory Services and provide services to students with disabilities, as appropriate. 
    • School systems should consult their legal counsel and special education professionals to create processes that consider individualized, student-specific scenarios.

North Dakota:

  • The North Dakota Department of Public Instruction’s Office of Special Education Website
    • This site is designed to help schools, educators, students, parents and caregivers. The site addresses topics such as school reentry considerations for special education; implementation guidance (e.g. altered face mask guidance); and parent guidance and resources.
  • The utilization of North Dakota’s Multi-Tier System of Supports (NDMTSS) is growing throughout the state, but it may be leading to an overidentification of students in special education, as Tier 2 and Tier 3 supports are being inputted in place of special education minutes—causing more students to fall behind and exacerbating the disparity. The Office of Special Education has identified that schools need to pair Specially Designed Instruction (SDI) with NDMTSS levels of intervention in order to improve outcomes for students with disabilities. 
    • The work will begin by creating an SDI Design Team consisting of diverse stakeholders who will: develop a state guidance document to define SDI and key instructional practices; identify supportive tools to serve as a resource library for educators implementing SDI; and develop a school-based needs assessment for schools and educators to identify SDI gaps and opportunities to improve outcomes for students with disabilities.

 

Do you have resources, events, or ideas to share about ESSER Funding as it pertains to students with disabilities? Share them with us here!

INPUT & FEEDBACK

Do you have resources, events, or ideas to share about ESSER Funding as it pertains to students with disabilities? 

This is a live document that we continue to add to as new resources are created and decisions are made. 

Share them with us at resources@educatingalllearners.org