Superintendent cautions that federal grant attestation could clash with Oregon law, district to seek legal guidance

The superintendent told the Banks School District Board of Directors on May 12 that recent federal grant attestation requirements may conflict with Oregon law protecting certain personally identifiable information.

At the board meeting the superintendent said the district received legal guidance indicating a tension between a federal executive approach — described as asking recipients to agree to federal executive orders — and state law and board policies that limit disclosure of items such as Social Security numbers. “If someone were to come to us with an administrative subpoena or an administrative warrant ... we could turn someone away and ask them to come up with something that’s more legally binding,” the superintendent said.

Why it matters: several competitive federal grant programs the superintendent described could provide substantial funds to schools (one program was described as awarding up to roughly $500,000 per school). But the superintendent warned that the application materials require attestation to federal policy positions that, according to ODE, could put the district in conflict with state rules if acceptance of funds requires actions inconsistent with Oregon guidance.

The superintendent said district legal counsel advised caution, ODE confirmed its view that complying with a federal attestation could violate state policy, and the superintendent plans to raise the issue with the state attorney general’s office to seek reconciliation or further direction. He said the district will continue to monitor and consider competitive grant opportunities while seeking clarity: “I will be there ... some people in our superintendents group are taking this to the ... attorney general,” the superintendent said.

Board members asked about likely impacts to day-to-day operations and timing. The superintendent said most district funding comes from state sources and that any federal budget changes would likely affect the 2026–27 school year rather than 2025–26. He advised the board that legal and fiscal guidance is pending and that staff will return with more detail after consultation with counsel and state officials.

What’s next: the superintendent said he will share additional details from counsel and from the attorney general’s office as they are available and will notify the board of any grant-specific recommendations before applying for programs that include contested attestation language.