Home/Source documents/Exhibit 2025.05.02 letter from ED to AZ, State of New York et al. v. U.S. Department of Education, No. 1:25-cv-02990 (S.D.N.Y.), Doc. 78-1 (May 6, 2025)
Exhibit 2025.05.02 letter from ED to AZ, State of New York et al. v. U.S. Department of Education, No. 1:25-cv-02990 (S.D.N.Y.), Doc. 78-1 (May 6, 2025)
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Case 1:25-cv-02990-ER Document 78-1 Filed 05/06/25 Page 1 of 4
UNITED STATES DEPARTMENT OF EDUCATION
OFFICE OF ELEMENTARY AND SECONDARY EDUCATION
May 2, 2025
The Honorable Tom Horne
State Superintendent of Public Instruction
Arizona Department of Education
1535 West Jefferson St.
Phoenix, AZ 85007
Dear Superintendent Horne:
I am writing in response to your agency’s request to extend the period of time to liquidate obligations
for specific projects funded under the American Rescue Plan Act (ARP) past the March 28, 2025 date
referenced in Secretary McMahon’s letter of that date. You requested a liquidation extension for
funds under your ARP ESSER grant S425U210038.
After carefully considering the information you provided, I have determined that you sufficiently
described how the following projects directly mitigate the effects of COVID on American students’
education and justified why the Department should exercise its discretion and grant your request.
Therefore, the following projects are approved:
Project Name Amount of Liquidation Reason for approval
funds Extension
requested to Date
be liquidated
This program provides academic
Cedar Unified District tutoring directly to students to
$445,208.51 3/28/2026
Tutoring (Project 5) address COVID-related learning
loss.
This program provides targeted
academic interventions to
students to address COVID-
related learning loss through the
district's afterschool program.
Creighton Elementary District
The grantee is expected to clearly
YMCA After School Program $428,600.00 6/30/2025
document in their payment
(Project 7)
request that these funds were
used exclusively on providing
academic support and not other
forms of support or activities
common in an afterschool setting.
400 MARYLAND AVE. SW, WASHINGTON, DC 20202
www.ed.gov
The Department of Education’s mission is to promote student achievement and preparation for global competitiveness by fostering
educational excellence and ensuring equal access.
Case 1:25-cv-02990-ER Document 78-1 Filed 05/06/25 Page 2 of 4
Page 2 – Superintendent Horne
Project Name Amount of Liquidation Reason for approval
funds Extension
requested to Date
be liquidated
This program provides academic
Pendergast Elementary
tutoring directly to students to
District Spring Tutoring $44,000.00 5/31/2025
address COVID-related learning
Program (Project 8)
loss.
This program provides academic
tutoring directly to students to
address COVID-related learning
loss through the district's summer
school program. The grantee is
Pendergast Elementary
expected to clearly document in
District Summer School $172,800.00 8/31/2025
their payment request that these
Program (Project 9)
funds were used exclusively on
providing academic support and
not other forms of support or
activities common in a summer
school setting.
I am approving continued access to this grant for each project through the date(s) above. This
approval is given with the requirements that the grant funds be used only to liquidate obligations
incurred on or prior to September 30, 2024, and support costs for the direct academic services to
students described in your approved project(s). Costs that fall outside of the direct academic services
to students described in your approved project(s) will not be reimbursed.
Upon review of your submitted information, I am declining to approve for the projects listed below a
liquidation period past the March 28, 2025 date referenced in the Secretary’s letter. I have determined
the Arizona Department of Education was unable to sufficiently explain how each project directly
mitigates the effects of COVID on American students’ education. I found the projects to be
inconsistent with the Department’s priorities and thus not a worthwhile exercise of its discretion.
Project Name Amount of Requested Reason for denial
funds Liquidation
requested to Extension
be liquidated Date
This project is providing
Pima County Capacity Project resources to teachers rather than
$1,187,459.60 5/15/2025
(Project 1) directly supporting students
academically.
While this project provides
services to students related to
HealthCorps (Project 3) $4,889,103.00 3/28/2026 mitigating the effects of the
pandemic, it is focused on health
rather than academics.
Case 1:25-cv-02990-ER Document 78-1 Filed 05/06/25 Page 3 of 4
Page 3 – Superintendent Horne
Project Name Amount of Requested Reason for denial
funds Liquidation
requested to Extension
be liquidated Date
While this project provides
University of Arizona CRR support for mathematics teachers,
$449,028.68 3/28/2026
(Project 4) it does not provide services
directly to students.
This project is providing
Parker Unified School District
resources to teachers rather than
Academic Coaching (Project $110,555.18 5/31/2025
directly supporting students
6)
academically.
Opportunity to Appeal: The agency may request an appeal of these decisions consistent with 2 C.F.R.
§ 200.342. As to each decision for which an appeal is sought, please provide additional information
to support the contention that the project provides necessary services that directly mitigate the effects
of the COVID pandemic on students’ education. Your appeal must be submitted no later than 30
calendar days from the date of this letter. Please submit your request to ESFAppeal@ed.gov.
Drawdown Procedures: On March 17, 2025, you received notification from Deputy Assistant
Secretary Mark Washington that, per your U.S. Treasury-State agreement, your Education
Stabilization Fund and American Rescue Plan Act payments spent on allowable expenditures may be
drawn down through the route payment approval process. This process follows the regular process for
when a grant account has been placed on a route payment flag in G5. Please submit your payment in
G5 and forward the control number with an assurance and brief description indicating the funds
requested are aligned to the direct academic services to students described in your approved
project(s), including the project name(s) and specific amount(s) requested to the appropriate mailbox.
It is helpful to include your State name and grant award number in the subject line of the email to
assist us with processing. The Department staff will review and, if approved, we will release the
payment in G5 to your grant account.
The project-specific liquidation extension requests you submitted that are not included in this letter
are still under Department review. You will receive additional communication regarding these
requests at a later date.
If you have any questions about this letter, please contact the Department at ESSERF@ed.gov. Thank
you for your efforts to ensure that all Federal funds that you administer are used properly to help
America’s students.
Case 1:25-cv-02990-ER Document 78-1 Filed 05/06/25 Page 4 of 4
Page 4 – Superintendent Horne
Sincerely,
Hayley B. Sanon
Principal Deputy Assistant Secretary
and Acting Assistant Secretary
Office of Elementary and Secondary Education
c: Michelle Udall, Associate Commissioner, Arizona Department of Education