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Federal Education actions: U.S. Education Dept. deadlines on ESSER spending and new enforcement requests for Title VI and student-record access
Summary
KSDE officials told the State Board that the U.S. Department of Education has tightened deadlines for ESSER fund liquidation and asked states to re-certify Title VI nondiscrimination compliance and to detail local practices for responding to parental requests for student records.
Kansas State Department of Education staff told the board the U.S. Department of Education has issued time-sensitive notices that affect state and district compliance and reporting.
ESSER spending deadline: Commissioner Watson and federal liaison Scott Gordon summarized a recent U.S. Department of Education decision that the liquidation period for ESSER funds would end earlier than some states expected. KSDE said it complied with initial guidance and later received revised instructions; the agency submitted a case-by-case reconsideration request asking the Department to allow additional time for projects that were planned and contracted but not yet liquidated. KSDE described a follow-up exchange with the federal agency that asked for more detail on contracted projects and the state's compliance documentation.
Title VI and civil-rights certifications: Scott Gordon briefed the board on a federal Office for Civil Rights request that states re-certify compliance with Title VI (prohibiting discrimination on race, color and national origin) and to confirm adherence to recent U.S. Supreme Court guidance regarding admissions practices. The Department of Education asked states to collect or confirm written assurances from local education agencies; KSDE staff are compiling responses and have sought clarification about the federal request and the scope of the information requested.
FERPA and access to student records: Gordon said the Department also asked states about local practices for responding to parent requests for student records in cases involving gender identity guidance or privacy concerns. KSDE officials said they will respond and coordinate guidance for districts; historically FERPA enforcement is handled at the federal level and KSDE staff said they expect to advise districts on compliance but noted the federal agency has asked for mechanisms the states will use to enforce record access at the local level.
Why it matters: The federal correspondence affects compliance reporting and could change how KSDE and districts document nondiscrimination assurances and parental access to records. The ESSER question affects millions of federal dollars states and districts used to recover learning time and run professional-development programs; a state-level ability to spend previously authorized funds matters for continuing or completing contracts.
What KSDE is doing: KSDE submitted a formal reconsideration request to the Department about ESSER liquidation deadlines with detailed descriptions of planned contracts and compliance evidence. KSDE is collecting the requested Title VI and FERPA assurance information from LEAs and will provide clarifying materials to both districts and the federal agency as requested.
Ending: KSDE staff said they will notify the Board of any federal decisions that change the ESSER liquidation deadline or require formal state-level enforcement actions; the agency will work with the Board and districts to implement any new federal directives.
