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Federal appeals for more than $14 million in ESSER 3 funds denied; Robeson County schools exploring legal options
Summary
On May 13, district officials told the Board of Education that the U.S. Department of Education denied appeals for ESSER 3 funding exceeding $14 million; district staff and state counsel are pursuing further appeals and monitoring federal litigation that could affect the outcome.
The Board of Education for the Public Schools of Robeson County heard an update May 13 that the U.S. Department of Education denied the district’s ESSER 3 funding appeals, affecting just over $14,000,000 in planned projects.
Richard Schwartz, presenting the update, said by letter dated May 8 the U.S. Department of Education denied North Carolina appeals on the grounds that approved projects did not meet a newly articulated requirement that they "enhance student learning." Schwartz said the department gave an opportunity for an additional appeal by early June but that the district was pursuing multiple legal options. "This is developing still, and, we're working hard we're working hard on it," he said.
Schwartz told the board the district is coordinating with attorneys for the North Carolina Department of Public Instruction and the state Department of Justice to evaluate appeals and other legal avenues. He also referenced an injunction issued by the U.S. District Court for the Southern District of New York in related litigation, noting that the federal court criticized the Department of Education’s appeal timelines in that case.
No formal board action was recorded on the ESSER 3 update during the meeting; the presentation was informational. The district said it will continue discussions with state counsel and monitor federal litigation for developments that could change the appeals process or outcome.
