Home/Source documents/Exhibit A - ED ESSER Grant Letter, State of New York et al. v. U.S. Department of Education, No. 1:25-cv-02990 (S.D.N.Y.), Doc. 26-1 (April 11, 2025)
Exhibit A - ED ESSER Grant Letter, State of New York et al. v. U.S. Department of Education, No. 1:25-cv-02990 (S.D.N.Y.), Doc. 26-1 (April 11, 2025)
Full text
Case 1:25-cv-02990-ER Document 26-1 Filed 04/11/25 Page 1 of 2
EXHIBIT A
Case 1:25-cv-02990-ER Document 26-1 Filed 04/11/25 Page 2 of 2
UNITED STATES DEPARTMENT OF EDUCATION
OFFICE OF ELEMENTARY AND SECONDARY EDUCATION
January 13, 2025
The Honorable Kathy Hochul
Governor of New York State
NYS State Capitol Building
Albany, NY 12224
Dear Governor Hochul:
I write in response to New York’s request for additional time to liquidate obligations for the American Rescue
Plan Act’s Elementary and Secondary School Emergency Relief Fund (ARP ESSER) program, Grant Award
S425U210022. Specifically, New York’s December 5, 2024, liquidation extension request specifies the need for
additional time to liquidate $158,239,995.00 of ARP ESSER funds after the period of liquidation under 2 CFR §
200.344(b) expires. After careful review, I have determined that New York’s request provides sufficient
justification and documentation for an extension to the period of liquidation for ARP ESSER funds and approve
the extension through March 28, 2026.
This request is approved with the condition that the funds drawn down in the G6 system from Grant Award
S425U210022 be used only to liquidate obligations for programmatic expenses incurred by September 30, 2024,
and support costs that were allowable under laws and regulations in effect during the program period. Consistent
with New York’s approved Tydings waiver, the State may continue to obligate consolidated State administrative
funds through March 31, 2026, and complete the associated liquidations through July 29, 2026. The State may not
use consolidated Emergency Assistance to Non-Public Schools (EANS) administrative funds for the management
and reporting of reverted EANS funds. Any drawdowns during this extension period require approval from the
U.S. Department of Education’s (Department’s) program office. New York must email the Department’s Office
of State and Grantee Relations through the State’s mailbox (NewYork.OESE@ed.gov), detailing the amount of
funds approved for late liquidation that the State requests to draw down.
Thank you for your work to implement the ARP ESSER program, including this request to help ensure that all
possible resources are available to meet the academic and mental health needs of New York’s students and
educators. If you have any questions about this approval, please contact the Department at
NewYork.OESE@ed.gov.
Sincerely,
Laura Jimenez
Laura Jimenez
Director, State and Grantee Relations
Office of Elementary and Secondary
Education U.S. Department of Education
Cc: Christina Coughlin, Chief Financial Officer, New York State Education Department
Edward Lenart, ESSER Director, New York State Education Department
400 MARYLAND AVE., SW, WASHINGTON, DC 20202
http://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.