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Oyster River board signs FY26 federal assurances with addendum, citing funding risks

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Summary

The Oyster River School Board authorized the chair and superintendent to sign fiscal year 2026 federal program general assurances with an addendum after discussion of federal guidance, a pending lawsuit and potential grant losses that could affect services for students with disabilities and other programs.

The Oyster River School Board voted May 21 to authorize the board chair and the superintendent to sign the fiscal year 2026 federal general assurances, attaching a cover addendum (version 2) that records the board's objections to parts of the assurances while affirming the district's intent to comply with federal law.

The vote came after a lengthy presentation and discussion about changes in the assurances, pending state and federal proposals on diversity-related directives, and the district's ongoing involvement as a plaintiff in litigation challenging federal guidance. Superintendent Dr. Scheps explained the district's legal position and the practical stakes: "There is an opportunity to challenge anything in the future or any other statutory actions through due process and through legal action as well," she said, describing the protections the district currently derives from the pending litigation.

Board members and staff told the board that failing to sign would effectively forfeit the district's ability to apply for specific federal funds. Officials identified the most material programs at risk as funds traditionally used to support special education and related services. The administration estimated the amounts at stake as roughly $504,000 for IDEA-related allocations, about $60,000 in Title II funds, and approximately $58,000 in school nutrition funding; combined figures discussed during the meeting put the total at roughly $721,000. The administration said that losing those funds would force salary shifts or program cuts equivalent to several full-time teaching positions.

After discussion, Board Chair (name not specified in the record) moved to authorize the chair and superintendent to sign the FY26 general assurances with the addendum (version 2). The motion was seconded by Heather Smith. The motion carried: five in favor, none opposed, one abstention (Gianna Galsi).

Why it matters: Board members who supported signing said the decision preserves federal grants that pay for direct services to vulnerable students, including those with individualized education programs. Members who spoke against withholding signatures said declining to sign would be unlikely to shield the district from federal enforcement and would instead immediately remove grant eligibility.

What happened at the meeting: Superintendent Dr. Scheps summarized the district's legal posture, noting recent edits to the assurances document and the district's participation in ongoing litigation (NEA v. U.S. Department of Education). Board members debated the legal language and the potential for future Department of Education complaints but ultimately accepted the administration's view that signing the assurances with the addendum both preserves access to funds and records the board's reservation about contested interpretations.

Next steps: The board empowered the chair and superintendent to execute the assurances with the addendum so the district can submit required applications and continue to pursue any legal remedies available in court if federal policy or guidance is subsequently enforced against the district.