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District says about $2.2 million in ESSER3 late‑liquidation funds are frozen; board hears federal guidance updates
Summary
Board received an update about recent federal communications: the Department of Education sent a FERPA reminder and other guidance, and a memo and website indicated a freeze on late‑liquidation ESSER3 funds; district staff reported roughly $2.2 million in frozen late‑liquidation ESSER3 encumbrances pending state and federal review.
At the April 8 meeting the board received an update from a district representative on communications from the federal Department of Education and related state requests for information.
The presenter said the only direct communication his office had received from the U.S. Department of Education was a message regarding the Family Educational Rights and Privacy Act (FERPA), which he described as a routine reminder. He also summarized a March 20 executive‑order era swirl of federal guidance that has arrived to chief school officers and state departments in a variety of memos and notices.
On the matter of ESSER3 funds, district staff reported that a federal action had frozen late‑liquidation ESSER3 funds and that the Delaware Department of Education had asked districts to submit documentation about encumbered, approved purchases and purchases awaiting liquidation. "We are roughly it's about $2,200,000 that are still in late liquidation that have been frozen," the presenter said. He added the district had submitted the requested nine to ten items explaining the importance and status of those encumbrances and was awaiting further guidance from the state.
Staff also said the district had received indirect notices about Title I and Title VI guidance; legal counsel reviewed the Title VI compliance note and advised the district that, as applied to the district's operations, the guidance did not present a compliance concern in the district's legal counsel's opinion. Staff described some of these communications as secondhand—sent to state chiefs rather than directly to the district—and said they were collecting links and messages for the board and would circulate them.
The board asked whether routine entitlement grants and child nutrition payments were delayed; district staff said regular entitlement grants for 2025 had been loaded as expected and that the district had not been notified of interruptions in the normal reimbursement process. Staff did note one direct competitive grant (a continuation grant from the state division of substance abuse and mental health) for which the district had applied in February and had not yet received a decision.
No formal board action was taken on these federal items; staff said they would provide links and documentation referenced in the update to board members for further review.
