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Home Source documents Declaration in Support of Motion, State of New York et al. v. U.S. Department of Education, No. 1:25-cv-02990 (S.D.N.Y.), Doc. 21 (April 11, 2025)

Declaration in Support of Motion, State of New York et al. v. U.S. Department of Education, No. 1:25-cv-02990 (S.D.N.Y.), Doc. 21 (April 11, 2025)

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        Case 1:25-cv-02990-ER          Document 21        Filed 04/11/25     Page 1 of 4

                            UNITED STATES DISTRICT COURT
                       FOR THE SOUTHERN DISTRICT OF NEW YORK



 STATE OF NEW YORK; et al.,

                   Plaintiffs,

        v.                                               C.A. No.

 U.S. DEPARTMENT OF EDUCATION; and
 LINDA McMAHON, in her official capacity as
 Secretary of the Department of Education,

                   Defendants.



                             DECLARATION OF CAREY M. WRIGHT
       I, Carey M. Wright, declare as follows:

       1.      I am a resident of the State of Maryland. I am over the age of 18 and I am

currently employed by the Maryland State Board of Education as State Superintendent of

Schools of the Maryland State Department of Education (MSDE).

       2.      As the State Superintendent of Schools, I have personal knowledge of the matters

set forth below or have knowledge of the matters based on my review of information and records

gathered by my staff. If called as a witness, I could and would testify competently to the matters

set forth below.

       3.      The Department is responsible for ensuring a rigorous and world-class

educational experience for every Maryland student, in every neighborhood, that prepares each to

be college and career ready.

       4.      On March 28, 2025, United States Secretary of Education Linda McMahon

rescinded previously approved extensions of the time period to liquidate obligations under the

Education Stabilization Fund (ESF). This decision impacts all programs funded by the

Coronavirus Response and Relief Supplemental Appropriations Act (CRRSA) and the American

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        Case 1:25-cv-02990-ER           Document 21         Filed 04/11/25   Page 2 of 4




Rescue Plan Act (ARP). Secretary McMahon’s letter set a new liquidation deadline of 5:00 p.m.

on March 28, but the letter was attached to an email sent after 5:00 p.m., meaning that MSDE

only received notice of the modification after it had taken effect.

       5.      Secretary McMahon’s letter takes the position that “[e]xtending deadlines for

COVID related grants, which are in fact taxpayer funds, years after the COVID pandemic ended

is not consistent with the Department [of Education]’s priorities.” But, as the Department of

Education (USED) previously found, these extensions were necessary in the face of widely

reported shipping delays, supply shortages, and construction backlogs to ensure effective support

for Maryland’s educational needs following the COVID pandemic.

       6.      Maryland has unliquidated obligations funded by three ESF programs,

Elementary and Secondary School Emergency Relief (ESSER), Emergency Assistance to Non-

Public Schools (EANS), and Homeless Children and Youth (ARP-HCY). These federal funds

have been dedicated to programs vital for addressing student learning gaps (especially those

exacerbated by the COVID-19 pandemic), such as reading and math initiatives, tutoring, after-

school activities, summer programs, wraparound supports, case management, mental health

services, and transportation to early childhood programs.

       7.      Consistent with USED guidance, see, e.g., Ex. A—Letter from USED Office of

State and Grantee Relations to CRRSA and ARP Grantees (Dec. 5, 2024), MSDE requested and

received extensions to the liquidation period for CRRSA funding through March 31, 2025, and

for ARP funding through March 28, 2026. Ex. B—Md. ARP-HCY Liquidation Extension (Jan.

7, 2025); Ex. C—Md. ARP ESSER Liquidation Extension (Jan. 22, 2025); Ex. D—Md. ARP

EANS Liquidation Extension (Jan. 22, 2025); Ex. E—CRRSA ESSER Liquidation Extension

(Mar. 17, 2025); Ex. F—Md. CRRSA EANS Liquidation Extension (Mar. 17, 2025). Two of



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those extensions were approved by Acting Assistant Secretary Hayley B. Sanon as recently as

three weeks ago. Acting Assistant Secretary Sanon determined that “Maryland’s request[s]

provide[d] sufficient justification and documentation for an extension to the period of

liquidation.” Exs. E & F. Nothing has changed since USED approved MSDE’s extension

requests to justify this sudden and unforeseen departure from the previous extensions to the

period of liquidation.

       8.      In Maryland, the recission of approval immediately impacts upwards of $245

million, much of which has already been spent and awaits reimbursement by USED:

                                             Amount
 Program Name        Grant Award #        Remaining to         Request Date       Approval Date
                                          Be Liquidated
 CRRSA EANS              S425R210006      $3,325,422.73         01/26/2025          03/17/2025
 CRRSA ESSER             S425D210005     $79,919,204.78         01/26/2025          03/17/2025
   ARP-HCY               S425W210021      $1,814,520.13         12/18/2024          01/07/2025
  ARP EANS               S425V210006       $312,277.00          12/11/2024          01/22/2025
  ARP ESSER              S425U210005     $160,505,073.59        01/14/2024          01/22/2025

       9.      USED’s sudden change in policy has caused chaos and confusion and threatens

the financial stability of ongoing educational programs and initiatives in Maryland Secretary

McMahon’s action deprives Maryland of funds that USED committed to pay through March 31,

2025 (for the CRRSA funds) or March 28, 2026 (for the ARP funds). Maryland and its local

school systems reasonably relied on USED’s commitment and require those funds to meet the

educational needs of their student populations. If this critical funding is not restored, Maryland

school systems will be unable to satisfy obligations to public and private partners or provide

essential public education services to residents.

       10.     Under the extensions USED approved, Maryland reasonably anticipated upwards

of $245 million in ESF funds would be available to pay existing obligations. Indeed, MSDE has

drawdown requests pending. Additional funding was dedicated to projects that currently are in

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progress. If USED reneges on its commitments, the impact on Maryland’s schools and students

will be catastrophic.

       11.     Hardest hit will be Maryland’s school systems with the highest concentrations of

poverty, such as Baltimore City Public Schools and Prince George’s County Public Schools. In

Baltimore City Public Schools, pandemic recovery-funded tutoring and after-school programs

already are being wound down. The last day of tutoring programs was Tuesday, April 8. The last

day for after-school programming at 44 sites and one virtual program will be Friday, April 11.

In Prince George’s County Public Schools, numerous programs are now in jeopardy, including

Science of Reading training and resources, educator training on mitigating learning loss from

COVID, community schools wrap-around services, mental health clinicians and immunization

services, and technology devices. The loss of these programs in Maryland’s highest-poverty

school systems will only widen the academic achievement gap

       12.     The sudden withdrawal of expected funds places immediate pressure on Maryland

and local school system budgets. Local school systems are already facing financial shortfalls,

and the rescission of the approved funding likely will lead to further staff layoffs, increased class

sizes, and reduced resources for students.

      I declare under the penalty of perjury that the foregoing is true and correct.

               Executed on April 8, 2025, at Baltimore, Maryland.




                                              _____________________________________
                                                     Carey M. Wright, Ed.D.




                                                  4


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