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Board signs federal general assurances with legal cover letter amid injunction over "Dear Colleague" guidance
Summary
The board approved signing the annual federal general assurances required to access grant funding and agreed to attach a cover letter, based on outside counsel advice, noting an injunction in the U.S. District Court for the District of New Hampshire affecting related "Dear Colleague" guidance.
Staff told the Brentwood School Board that the district must sign the annual federal general assurances to access federal grant systems, but that the assurances reference a "Dear Colleague" letter that has been the subject of litigation.
A central office staff member explained that while the district did not need to sign the Dear Colleague letter itself, the general assurances reference it. The staff recommendation, supported by outside counsel, was to sign the assurances to avoid losing access to grant funds while attaching a cover letter clarifying that the district’s certification of compliance is "subject to the injunction put in place by the District of New Hampshire" and limited to the extent required by applicable court orders.
A motion to sign the general assurances with an accompanying legal cover letter was made, seconded and approved by unanimous voice vote. The board chair said he would sign and initial the pages later in the meeting.
Staff emphasized the operational consequence: "If we don't sign them, then we cannot access our money in the grant system." The action was procedural to preserve grant access while documenting the district’s legal position consistent with counsel’s advice.
