Alaska American Rescue Plan Act and Maintenance of Equity for FY 2023 Funds
Summary
Assistant Attorney General Susan Greenlee Sonneborn of the Alaska Department of Law writes to Adam Schott of the Office of Elementary and Secondary Education in a letter dated September 16, 2024. She says Alaska's Department of Education and Early Development answered on August 15, 2024 the Office's July letter alleging non-compliance with FY 2023 maintenance of equity, and that the Office wrote on September 13 that it had not received that response and intended to withhold funds. Alaska asks the Office to rescind the September 13 letter and reverse its decision, maintaining that Alaska is in compliance and that there is no basis to withhold an additional $5,556,632.
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“Alaska American Rescue Plan Act and Maintenance of Equity for FY 2023 Funds.”
Original at www.ed.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/department-of-education-9-16-2024-alaska-www-ed-gov-caf0241066-297a4e42b6/
, SHA-256 1a3d2e806b03c34af2e584be03145037ed971397b38138b654d4bb8c979cd3e5.Full text
Department of Law
CIVIL DIVISION
1031 West Fourth Avenue, Ste. 200
Anchorage, AK 99501
Main: (907) 269-5100
Fax: (907) 276-3697
September 16, 2024
VIA EMAIL: Alaska.OESE@ed.gov
Adam Schott
Principal Deputy Assistant Secretary
Office of Elementary and Secondary Education
United States Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202
Re: American Rescue Plan Act and Maintenance of Equity for FY 2023 Funds
Dear Mr. Schott,
On August 15, 2024, the Alaska Department of Education and Early Development
(DEED) responded to the Office of Elementary and Secondary Education’s (OESE) July
letter where OESE alleged that Alaska is not in compliance with its fiscal year (FY) 2023
Maintenance of Equity (MOEquity) obligations. 1 In our letter, we requested a full
explanation of OESE’s calculations, contested the preliminary nature of OESE’s current
calculations, reiterated our position that Alaska has complied with all MOEquity
requirements, and provided more information on Alaska legislative appropriations.
However, on September 13, 2024, OESE sent DEED a follow-up letter stating that
OESE did not receive DEED’s August 15 letter. There, OESE further stated its intent to
withhold additional American Rescue Plan (ARP) funds that have been awarded to the
State. Having reviewed our files, we have determined that OESE is incorrect about
having not received DEED’s August letter. 2 We have attached the relevant email and
letter here and ask that you review.
1
Attachment 1 (letter).
2
Attachment 2 (email with letter attached).
Mr. Schott, Principal Deputy Asst. Secretary September 16, 2024
Re: ARPA & MOEquity for FY23 Funds Page 2 of 2
Because OESE did not consider DEED’s response, we request that OESE rescind
its September 13 letter, review DEED’s August 15 letter, and reverse its determination to
withhold funds. For the reasons explained in DEED’s August letter, Alaska is in
compliance with its FY23 MOEquity obligations and, thus, OESE lacks any reasonable
basis to withhold an additional $5,556,632 in ARP ESSER funds from the State.
We look forward to hearing back from you. Please reach out if you have any
additional questions.
Sincerely,
Susan Greenlee Sonneborn (1306033)
Assistant Attorney General
Department of Law
1031 West Fourth Avenue
Anchorage, Alaska 99501
RTB/SGG/jdd
Enclosures
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