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State education chief: U.S. Department of Education change to ESSER liquidation reduces flexibility, disrupts literacy contracts
Summary
Commissioner Maher told the Nebraska State Board of Education that a U.S. Department of Education change to late-liquidation rules cut the state's planned use of ESSER/ARP funds, affecting literacy projects and 21 contractors; the department will seek reconsideration and consult the governor and congressional delegation.
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Commissioner Maher told the Nebraska State Board of Education on April 4 that a late change by the U.S. Department of Education reduced the state’s flexibility to liquidate remaining ESSER (ARP) funds and disrupted contracts supporting literacy work.
Maher said the department had requested $20,200,000 in flexibility to access funds beyond the original end date; about $9,000,000 of that request remained when the Department of Education changed its guidance. He described the remaining amount as “less than 1.6% of all of our ARP funds,” but said the change nonetheless affected 21 contractors and multiple literacy programs that were underway.
The affected projects named in board remarks include the UNL Words Project, the UNO Literacy Workshop and the UNK RISE early-literacy project, along with the Nebraska Growing Readers book distribution and other literacy supports. Maher said those efforts were the department’s “literacy priority” and that the timing change interrupted planned work with contractors and districts including Omaha and Scottsbluff.
Maher told the board the department will pursue reconsideration with the U.S. Department of Education after consulting the board, is engaging the governor’s office and will reach back out to the state’s congressional delegation. He said the department was also reviewing the federal guidance and looking for ways to preserve the state’s literacy goals.
"Our goal, our specific goals as they relate to literacy, have not changed," Maher said, adding that the agency planned further conversations with federal officials and members of Nebraska’s congressional delegation.
Board members asked clarifying questions about the geographic reach of the affected work and were told the projects reach “border to border,” with work in Omaha Public Schools and Scottsbluff Public Schools among others. Maher said the department will continue efforts to prioritize literacy while it seeks additional federal flexibility.
Ending: The department will report back to the board after seeking reconsideration and consulting with state and federal partners. No formal board action was recorded on the ESSER liquidation issue at the April 4 meeting.

