Secretary of Education Linda McMahon. Credit: Gage Skidmore via Wikimedia Commons
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Secretary of Education Linda McMahon sent a letter to all 50 State Chiefs of Education on Friday that said the Department of Education was immediately ending all outstanding federal spending from the COVID-relief package approved by Congress.

In New Bedford, roughly $12 million will be lost that was already approved to build a new student health center, install heating and air conditioning at Gomes Elementary, and finish off several other construction projects throughout the district. Previously, the district had most of this year to finish building these projects.

The letter clawing back the federal education funds, known as ESSER grants, was sent after 5 p.m. on Friday evening. It read, “the Department amends the period of liquidation to end on March 28, 2025 at 5:00pm ET.” District-level superintendents were forwarded the message after 8 p.m. 

“You suddenly check the date, and you say — wait a second, it is March 28th,” said Andrew O’Leary, New Bedford’s superintendent. 

The letter launched district officials into action, and by Saturday they had come up with a funding plan to save several projects: including the finishing touches on a new central kitchen, accessibility upgrades at Hathaway Elementary, and modular classrooms at Brooks Elementary.

The school-based health center and air conditioning at Gomes Elementary, however, are in limbo.

“It says something about how reckless this was that it was sent after 5 o’clock on a Friday,” O’Leary said. “A transition in personnel and leadership does not divest the [Department of Education] of its obligations. That’s organizational management 101.”

“We are going to hold them to account,” said O’Leary. He said the state department of education is already in touch with Attorney General Andrea Campbell. Neither of these offices responded to a request for comment in time for publication.

Andrew O’Leary, superintendent of New Bedford Public Schools. Credit: Eleonora Bianchi / The New Bedford Light

“COVID is over,” said Madi Biedermann, a deputy assistant secretary for communications at the federal Department of Education, in a statement sent to The Light on Tuesday. Her statement continued, “States and school districts can no longer claim they are spending their emergency pandemic funds on ‘COVID relief’ when there are numerous documented examples of misuse. The Biden Administration established an irresponsible precedent by extending the deadline for spending the COVID money far beyond the intended purpose of the funds, and it is past time for the money to be returned to the people’s bank account. The Department will consider extensions on an individual project-specific basis where it can be demonstrated that funds are being used to directly mitigate the effects of COVID-19 on student learning.”

The ESSER funds were congressionally approved in the American Rescue Plan Act of 2021. 

The original purpose of these ESSER grants, according to an explanatory document from the Department of Education, included a broad swath of approved uses, including supporting schools “in building capacity to promote healthy and safe learning environments.” Ventilation projects and school-building improvements were common uses of these funds.

The statement provided from the Department of Education failed to answer questions posed by The Light, including how much money was being recouped and how many districts were affected nationwide. 

McMahon’s letter, and the department’s statement to The Light, attacked the extended timeframe that New Bedford and other districts received to complete their projects. “The Department’s initial approval of your extension request does not change anything,” McMahon wrote in her letter. “You could not rely on the Department adhering to its original decision.”

McMahon’s argument for clawing back the funds hinged on a single footnote: a reference to a 2015 majority opinion from Brett Kavanaugh, now a U.S. Supreme Court justice, who was then serving as Circuit Judge of the U.S. Court of Appeals in Washington D.C.

Kavanaugh was quoting an earlier decision, that the “power to reconsider is inherent in the power to decide” — in other words, if a federal agency has the power to make a decision, it can also undo that decision.

The case Kavanaugh was writing about had to do with whether the U.S. Food and Drug Administration could reclassify a medical product. He also wrote that the courts have “recognized that any inherent reconsideration authority does not apply in cases where Congress has spoken.” In other words: “Congress… undoubtedly can limit an agency’s discretion to reverse itself.”

In New Bedford, the district met the national deadline of Sept. 30, 2024, to “encumber” the ESSER money — or designate how it would be spent. As part of that process, New Bedford received approval to continue spending on the construction projects throughout this year. It was part of the district’s strategy to use “one-time money on one-time expenses,” which prevented New Bedford from facing a fiscal cliff on salary spending.

New Bedford plans to reallocate money it otherwise would’ve used to support year-end purchases on curriculum, furniture, and other day-to-day needs, according to Superintendent O’Leary. It’s a contingency plan the district hoped it wouldn’t have to use, but is now unavoidable as the Trump administration has hollowed out the Department of Education — effectively dismantling the agency. 

Massachusetts’ U.S. senators, Elizabeth Warren and Ed Markey, did not immediately respond to a request for comment. Neither did Bill Keating, New Bedford’s representative to the U.S. House.

After spending the weekend reacting to the “rug pull” of funds, Superintendent O’Leary said that he was “very confident” about the district’s ability to finish the central kitchen and improvements at Hathaway and Brooks. “We are not considering those cancelled,” he said.

Local school committee members will need to approve a transfer of funds to continue the projects. Longtime committee member Bruce Oliveira said that it was “ridiculous what the feds are doing.” He said that New Bedford “followed the process, followed the rules,” and was led down a path to create projects and enter contracts. 

“Irresponsible” is how Oliveira described the action. “How do we move $5.5 million? From where?” — he said, referencing his estimate for the costs to finish the projects at the central kitchen and Brooks and Hathaway elementaries.

As for the other projects that would’ve been funded by the lost $12 million, O’Leary said he will partner with the state to “push back and demand that the U.S. Department of Education fulfill its obligations.”

Email Colin Hogan at chogan@newbedfordlight.org

66 replies on “Trump Dept. of Ed takes back millions from New Bedford — and schools nationwide”

    2. They make the waste and they know those that waste, but do nothing about it. Our tax money.

      1. Who wasting what?
        What are you doing about the waste of your tax money?
        Commenting.
        Without facts…

        2. Comments to make others aware are conveniently not posted. Now, it’s in the governments hands. For Elon this is waste, proven waste. He’ll be able to dance with the proof in emails and it’s just begining.

    3. I made many comments, they don’t print the truth. NBL doesn’t want the residents to know the truth.

    4. Really? Your comments are a waste. My kids went to school in New Bedford. My oldest is an RN. 10 years in ER service. One is a licensed Occupational Therapist, another works for your defense department with a master’s from Boston College. This waste of education not only heals you but keeps you safe.
      On the other hand, a well-educated society is safer and offers a higher quality of life. A town with great school systems has higher real estate values, less crime and is generally healthier and happier.
      You want to keep a population less educated because you lack foresight to the benefits.
      I stand up against you and your limited thought process on education.

      1. They obviously were not in school with the current leadership. We are not talking about students, they need education. We are talking about wasting funds. Having used the covid funds for things other than COVID.

    5. How so? I have had two children come up thru the New Bedford Public School System. You would look at our family and think us not worthy. We were among the poorest of the city, working, but barely living. Because of New Bedford Public School and the outstanding education that they provide, my children were able to be raised out of abject poverty. Because of their education there, they both received scholarships to the universities of their choice. Because of their education there, they both performed at the top 15% of the state of Massachusetts. You would see their address and where they have been and made judgements based on that. They would have been written off but that doesn’t happen in NBPS. These programs that help our children succeed need funding. How do people expect to pull themselves up by the bootstraps without a reliable tool to do so? And yes, the parent component is huge, you have to want it for your children and be willing to be their biggest advocate, but NBPS have the tools for children to succeed. Two things are always happening when people comment that the school system is trash, either they don’t have children in the school system or they do and they aren’t the advocate for their children that they should be. You can’t have it both ways, You can’t want people to be productive members of society and not provide them the tools to be.

      1. Try working under the current admin, in the admin building. You don’t have to be a rocket scientist to see waste.

        1. You respond anonymously over and over without providing any evidence whatsoever of this “waste” you claim is rampant.

          Prove it.

          1. They anonymous is not just me. It’s employees speaking out in fear of retaliation. Been there, done that.

      2. How would you like to be a model employee, but judged because your not multilingual and get passed over for jobs. Just as you say the location you lived was considered was an influence. Time for the employees to join together and report, to higher authorities, with proof. They will not be able to hide it now.

  2. Covid is long over. This money grab is just another example of democrats feeding at the trough. If it wasn’t spent on urgent needs during the time period, send it back and request appropriations the proper way now.

    1. Excuse me, I am a Democrat and disapproved of their frivolous spending of the COVID money from the beginning. The waste is disgusting. Just as I feel those at home getting the extra money during COVID, when grocery stores, school maintenance, custodian and some food service workers go nadda, just their regular pay. Waste is waste, democrat or republican can see that if they have common sense.

    2. Good comment. That comment from KT (just another way of putting anonymous), seems not to care about funds being used for things other than allowed.

    4. Does New Bedford have urgent educational needs?
      The money was appropriated.
      How quickly should it have been spent.
      On what?

      1. Are you for real? If you were given funds to pay your electric bill but went and bought lottery tickets………..I’d say that’s a good example of misuse of funds.
        COVID relief…students need to learn from home. Supplying the students with a laptop to be able to participate, that’s a good example as ok. Because it’s COVID related.

  3. I sincerely hope all the Trump voters are happy with democracy going down the toilet and kids suffering because of incompetent federal leadership.
    Good job backing an authoritarian who is taking a wrecking ball to the bedrock of our institutions.

    1. The problem stars with the current school administration. Even if the Dems one. Local school admin wastes since 2012.

      1. Looks like a lot of people posting who have no idea what they’re talking about. Where is the waste? Back up what you’re saying or it’s all just right-wing nonsensical talking points.
        Is a new boiler waste? A new central kitchen? Classroom updates? Food for students? WiFi access? A laptop for every child?
        Seriously, where’s the waste because it seems like you have a personal issue with the leadership.

        1. The items you described for the New Bedford are not a waste of money, but should not be purchased with federal tax payer dollars that were unused for the purpose they were intended for, and that was Covid. Biden and his administration of fools should have taken that money back and returned it to the US Treasury, federal tax payers from across the nation should never be obligated to fund New Bedford school needs. Whatever is needed, why don’t you call your liberal socialist Governor Healy and request she pay for those projects with the money left from over taxing the middle class and wealthy instead of putting those funds in a “Rainy Day Fund”, after all, she’s an expert of over taxing the middle class and wealthy to spend over $1 Billion dollars for the needs of illegal immigrants.

          1. I’m a democrat and agree with most of your comment. Charlie Baker was the best Governor we have ever had.

          1. All info sent to Washington. How do you like me now? Local doesn’t want to listen, Washington apparently did.

        3. Everything you listed are needed, the difference is where the funds come from. You can’t buy your groceries with coal you have to use money (credit, coins, check, change, etc).
          You can use coal in a furnace but you surely wouldn’t put money ( cr card, coins, check etc) would you. It’s very simple. Grants and monies like COVID relief were for just that. COVID relief.

        4. It has been commented on. NBL does not post it. Freedom of speech, they can ignore all they want. Washington is now we’ll informed and on top of things. They can ignore us little guys all they want. Proof is in the right hands.

    2. First, no one should ever wish for the kids to suffer for their parents actions.
      Second, all you hear from the parents who voted for t is, I didn’t vote for that. Well t told everyone straight out what he was going to do. I had a fallout with a family member trying to help them and they didn’t believe t said what I told them.
      Those are the ones I love to see feel the brunt. Problem is, we all are feeling it. Must be the legalized weed, well I hate to think that the family could be that stupid.

    3. There’s a lot of voters in Florida that are now carrying a bag of bricks around their necks, better stay out of the water.

  4. People who wish to exercise their First Amendment Rights of Freedom of Speech and Assembly can attend the Democracy Rally at the Dartmouth Mall on Saturday, April 5th , at 11 A.M.

    1. Worse is we all suffer, if the want to drive themself into debt, by all means go for it, but not fair taking us all down.

  6. The answer us to make more cuts to other city departments being down the city’s operating budget thus lessening the burden on homeowners, businesses and renters. The overspending of city funds has to stop, having 290 million dollars in revenue sources, and a 536 million dollar operating budget isn’t going to work out in year’s to come. Our city fathers have for the last 20 years have gone on a spending spree. Blind to the taxpayers.

    1. Not all departments waste. The school department with the current admin is number one.
      Just as you and I should get the crap that is going on, not all depts are responsible.

  7. “extended timeframe that New Bedford and other districts received to complete their projects.” ———-that’s all I need to know and any municipality with a clue knows the pitfalls when such funds are handed out. I worked for the state when 9/11 hit and massive amounts were appropriated for states. Rule number one….move fast to utilize it. Nothing is forever. But Massachusetts thinks oddly anyway, nothing new.

      1. Are you for real? Recover. 6 COVID shots and feeling like crap…….no not recovered. How long are we suppose allow for recovery. People have been back to school and work for a long time now. COVID funds were meant for COVID recovery, not new buildings.

  8. Fortunately, the federal government was able to take those funds back, it’s federal tax payer dollars and shouldn’t have been spent on anything other than COVID, not for New Bedford public schools, or anything else in New Bedford.

    2. Some people are actually commenting understanding the true meaning of a specific grant and what the funds are intended for.

  9. Can you ask the AG how much it costs taxpayers to continually sue President Trump, and why if 19 other AG’s sue, Massachusetts has to join in?

    1. I’m sure it’s a lot. Sometimes if you don’t file along with others and there is a class action finding, if you didn’t apply, you don’t get the winning findings.
      How about the money wasted to remove all the people from there jobs, pay them, now they are going back. Talk about wasted money.

  10. Sorry, Central Kitchen and finishing Hathaway and Brooks, the money should have never been used for that. It wasn’t COVID related. Someone should have been tracking the spending of every cent. Where it was going. I do not feel bad. Plus the supt said he has money set aside. Where is that money listed in the budget.

    1. The job of a Mayor is to spend the taxpayers money wisely. In many cases he didn’t.

  11. Linda, you go girl! They don’t listen to the little guy so, they created the problem, they can live without it.

  12. How is it that, in less than 24 hours, the New Bedford Public School System “found monies” to fund many of these projects that had their grants rescinded?

    1. Good catch! This what a lot of us have been saying. Dishonesty! You cry wolf 1 too many times……….they now know, feds/state to find out where they had the money for it the whole time and didn’t need what was taken back. They are just proving they always had enough, just pigishly want more, increasing our taxes in the City of New Bedford.

  15. IF they want to find the real fraud waste and abuse why not start with the Pentagon..61% of it’s 3 Trillion dollar budget is “Unaccounted for” They also Failed 7 financial audits in a row…Start there!

    1. I agree with you. However, these comments are based on the money taken back from the COVID recovery. I don’t know what you don’t understand. COVID recovery funds were earmarked just for that, COVID recovery. We are speaking of 1 source of funds that were to be for a specific need

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