Using ESSER and ESSER II Funds to Support EL Education
David Holbrook
NAELPA Executive Director
The National Association of English Learner Program Administrators has one of its purposes as Advocating for English Learners. The NAELPA By-Laws prohibit it from engaging in political activity. Still, in advocating for ELs and their families, NAELPA supports “equitable policies, guidance, and supports related to ELs, EL programs, and EL students’ participation in educational systems.” With that in mind, this paper set out to identify and describe allowable uses of ESSER and ESSER II funds to meet NAELPA’s purpose to support ELs, EL programs, and EL students.
The CARES Act (Coronavirus Aid, Relief, and Economic Security) was signed into law on March 27, 2020. It included $13.5 billion for education in ESSER funds (Elementary and Secondary School Emergency Relief). The period of availability of ESSER funding extends until September 30, 2022. The Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) was signed into law on December 27, 2020. It included $54.3 billion for education in ESSER II. The period of availability of ESSER II funding extends until September 30, 2023.
ESSER and ESSER II funds are distributed using the formula used to distribute Title I funds; however, it is essential to note that ESSER and ESSER II are not Title I funds and are not subject to Title I restrictions. There is no supplement not supplant clause associated with ESSER or ESSER II expenditures, which provides great flexibility in using these funds.
Both ESSER and ESSER II included a list of allowable uses of funds. Included in the list of allowable uses of funds for both ESSER and ESSER II are the following (this is not an exhaustive list of allowable uses of funds but concentrates on the allowable activities that could be targeted to benefit ELs):
1. Any activity authorized by the ESEA of 1965 (CARES ACT Section 18003(d)(1); CRRSAA Section 313(d)(1))
2. 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. (CARES Act Section 18003(d)(4); CRRSAA Section 313(d)(4))
3. Planning for and coordinating during long-term closures, including for how to provide meals to eligible students, how to provide technology for online learning to all students, how to provide guidance for carrying out requirements under the Individuals with
Disabilities Education Act (20 U.S.C. 1401 et seq.) and how to ensure other educational services can continue to be provided consistent with all Federal, State, and local requirements. (CARES Act Section 18003(d)(8); CRRSAA Section 313(d)(8)
4. Purchasing educational technology (including hardware, software, and connectivity) for students who are served by the local educational agency that aids in regular and substantive educational interaction between students and their classroom instructors, including low-income students and students with disabilities, which may include assistive technology or adaptive equipment. (CARES Act Section 18003(d)(9); CRRSAA Section 313(d)(9))
5. Other activities that are necessary to maintain the operation of and continuity of services in local educational agencies and continuing to employ existing staff of the local educational agency. (CARES Act Section 18003(d)(12); CRRSAA Section 313(d)(15))
While the above is not an exhaustive list of allowable uses of funds, it includes the relevant allowable uses of funds when considering how to use ESSER and ESSER II to support English Learners.
Allowable uses of ESSER and ESSER II funds for ESSA Activities (point 1)
The first allowable use of funds listed above makes it allowable to use ESSER and ESSER II for any activities included in the ESEA as amended by the Every Student Succeeds Act (ESSA). The reauthorization of the ESEA by ESSA included what was called “cross-cutting” priorities, one of which was the provision of services to ELs. This is evidenced in multiple locations in the text of ESSA, where ELs are specifically called out as being included in various programs and services. However, there are some specific programs and activities targeted solely toward ELs and are therefore allowable uses of ESSER and ESSER II funds. These programs and services include, but are not limited to:
• Title I, Section 1112(e)(3) “Language Instruction” section that requires: o LEAs “inform parents of an English learner identified for participation or participating in” EL programs of the reason for the identification and a long list of other information
o LEAs must “implement an effective means of outreach to parents of English learners to inform the parents regarding how” they can be involved in their child’s education and be active participants in helping their children to attain English proficiency, achieve at high levels, and meet challenging state academic standards
o LEAs must hold and send “notice of opportunities for, regular meetings for the purpose of formulating and responding to recommendations from parents” of EL students
• Title I, Section 1112(e)(4) requires that the notice and information provided to parents be “in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand.
• Title I, Section 1116 is the parent and family engagement section of ESSA. Section 1116(f) says that “In carrying out the parent and family engagement requirements of this part,” to the extent practicable LEAs must provide opportunities for the informed participation of parents and family members, including limited English proficient family members. It goes on to say that the information must be provided to the extent practicable, provided in a language that the parents can understand.
• ESSA Title III’s section title is “Language Instruction for English Learners and Immigrant Students. This section of ESSA focuses on providing services to ELs. There is an extensive list of required and allowable activities in Section 3115(c) and 3115(d) that include:
o Activities to increase English language proficiency and EL student academic achievement
o Provide effective professional development to educators and administrators working with ELs
o Implement parent, family, and community engagement activities
o Coordinate and align related programs
o Upgrade program objectives and effective instructional strategies
o Improve the instructional program for ELs
o Provide tutorials, academic or career and technical education, and intensified instruction
o Develop and implement effective preschool, elementary and secondary EL programs coordinated with other programs and services
o Provide community participation programs, family literacy services, and parent and family outreach and training activities to ELs and their families
o Improve instruction of ELs, including ELs with disabilities
o Offer early college high school or dual or concurrent enrollment programs or courses designed to help ELs achieve success in postsecondary education o Other activities consistent with the purposes of Title III
Other Allowable uses of ESSER and ESSER II funds targeted to meet the unique needs of ELs (points 2-5)
Points 2 and 5 on the list of allowable uses of funds include activities that overlap points 3 and 4 and each other. What is allowable here is very open-ended. It is important to note that in point 3, ELs were included in the list of students that might have unique needs that would have to be addressed if these students are to fully participate in the educational programs offered by schools and districts. It is also important to remember that these funds are provided to address issues and concerns due to the COVID-19 pandemic. Priority should be given to identifying and addressing concerns related to the pandemic, especially inequities exacerbated due to the pandemic. Some ideas on how to use ESSER and ESSER II to address the unique needs of ELs are:
● Purchase devices (tablets, computers, etc.) for ELs that don’t have access to these items at home
● Provide internet access for ELs that don’t have it by:
○ Purchasing WIFI hotspots for students, or
○ Installing mobile WIFE hotspots on busses and parking them for specific hours during the day so that students can access the internet,
● Hire translators and interpreters or purchase translation and interpretation services to provide communications to parents (and students) in a language they can understand
● Purchase instructional materials for ELs, including materials in the ELs first language ● Hire bilingual staff to help with communication with parents to ensure parents can make meaningful decisions regarding their child’s education
● Hire bilingual teachers and tutors to help ensure that students have meaningful access to academic content
● Purchase professional development that targets teachers of English language acquisition, bilingual education teacher, and content teachers so that all teachers have training in how to provide effective educational services to ELs, especially if that professional development has a remote learning focus or component
The needs of ELs are not limited to these items above. It is allowable to use ESSER and ESSER II to address other identified needs of ELs. ESSER and ESSER II are one-time pots of money and any purchases with recurring costs will need to be funded from other sources once the period of availability expires for ESSER (September 30, 2022) and ESSER II (September 30, 2023).
For questions and other follow up, contact David Holbrook, NAELPA Executive Director at executive.director@naelpa.org