Declaration in Support (non-motion), State of New York et al. v. U.S. Department of Education, No. 1:25-cv-02990 (S.D.N.Y.), Doc. 86 (May 14, 2025)

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Declaration of Christina Coughlin, Document 86 filed 05/14/25 in the Southern District of New York in the case of State of New York against U.S. Department of Education, Case No. 1:25-cv-02990. The declaration states that the New York State Education Department (NYSED) has two outstanding reimbursement requests pending before the U.S. Department of Education, submitted 3/28/2025 for ARP ESSER $ 11,558,503.71 and ARP EANS $ 15,053,484.39. It states that the requests were submitted before the Department rescinded deadline extensions by a letter sent at 5:03 p.m. on March 28, 2025, and that NYSED has had to halt payments entirely. It also states that NYSED withdrew a March 7, 2025 request for $10,962,433.02 of ARP ESSER reimbursement to adjust the list of schools and resubmitted it on March 28, 2025.

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Case 1:25-cv-02990-ER Document 86 Filed 05/14/25 Page1lof3

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK

STATE OF NEW YORK, ef al,
Plaintiffs,
Case No. 1:25-cv-02990(ER)(BCM)

U.S. DEPARTMENT OF EDUCATION, ef

Defendants.

DECLARATION OF CHRISTINA COUGHLIN

Pursuant to 28 U.S.C. § 1746, I, Christina Coughlin, hereby declare as follows:

l. Iam a resident of the State of New York. I am over the age of 18 and have personal
knowledge of all the facts stated herein, except to those matters stated upon information and belief;
as to those matters, I believe them to be true. If called as a witness, | could and would testify
competently to the matters set forth below.

2. I have been employed by the New York State Education Department (NYSED)
since February 2013. In 2023, I was appointed as the Chief Financial Officer/Deputy
Commissioner. My office has been responsible for the fiscal aspects of the federal stimulus
funding.

3, NYSED currently has two outstanding reimbursement requests pending before the
U.S. Department of Education (DOE). These requests were submitted to DOE by my office prior
to DOE rescinding the deadline extensions previously granted to NYSED for spending down these
funds by letter sent via email at 5:03 p.m. on March 28, 2025. The pending reimbursement requests

that NYSED has before DOE are as follows:
Case 1:25-cv-02990-ER Document 86 Filed 05/14/25 Page2of3

Date Submitted to Program Amount Requested Status
DOE
3/28/2025, 4:56 p.m.! ARP ESSER $ 11,558,503.71 Pending
Review/Payment
3/28/2025, 4:56 p.m. ARP EANS $ 15,053,484.39 Pending
Review/Payment
4, On April 14, 2025, DOE confirmed receipt of our payment requests that were

submitted prior to 5 p.m. on March 28 and stated that the requests were still under review. My
office requested an update from DOE on May 6, 2025.

5. On May 13, 2025, DOE asked for “additional information to clarify the purpose of
the requested LEA [Local Education Agency] funds and contractor amounts listed in [NYSED’s]
ARP ESSER and ARP EANS requests” to “better understand how the documented expenses are
aligned to [NYSED’s] approved liquidation extension.” Exhibit A. DOE stated that such clarifying
information could include “[rJeceipts or invoices for LEA expenses or specific contractor bills” or
an “{e]xplanation of purpose of specific contract/vendor expenditures aligned to [NYSED’s]
approved extension.” Jd.

6. Because DOE has not yet reimbursed NYSED these funds—a process that used to
take only a couple of business days and did not require the additional information now sought—
NYSED has not been cleared to continue to front funds to its LEAs or contractors for ongoing,
previously approved projects under these grants. In other words, NYSED has had to halt payments
entirely because, despite this Court’s prior order, DOE has yet to timely review and reimburse our

pending requests.

' NYSED withdrew a prior request made on March 7, 2025 for $10,962,433.02 of ARP ESSER reimbursement in
order to adjust the list of schools included in the request. This request was then resubmitted on March 28, 2025 at
4:56 p.m.
Case 1:25-cv-02990-ER Document 86 Filed 05/14/25 Page3of3

Executed on May [4 , 2025, at Albany, New York.

I declare under penalty of perjury that the foregoing is true and correct to the best of my

knowledge.
Christina coe


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