001I would like to call this uh special call board meeting to order of the public schools of Robinson County Board of Education. Um on virtual we do have Mr. Hering Brewer, Miss Christy Fields, uh Mr. Terry Lair, and Bradley Phillips. All right. Mrs. Mrs. Mr. Simmons, I'm sorry. If you would bow your heads, head of Father, gracious, Lord, we thank you. We thank you for your grace and your mercy. Your grace and your mercy. What woke us up this morning, laid our bodies down to get rest. We ask you continue to bless our students as this test is coming up for them that they may do the best they can. Lord, we thank you for all you do for us. We ask this in Jesus name. Amen. Amen. So adoption of the agenda. A motion
002has been made by Mr. Craig Larry to adopt the agenda. A second been made by Miss Melissa Ocean. All Mr. Chair, Mr. Chair, I don't believe we need a close session for legal issues. We might want to keep it on there just in case something comes up, but um I don't think we're actually going to be needing it. Okay. Okay. And we have a second by Miss Melissa Osha. All in favor say I. All oppose. All right. Information um project narratives and invoices by Mr. Bible Loter and Mr. Eric Casset I'm sorry. Good good good evening chairman Leech, Dr. Williamson, board members. So in your packet we have shared with you three different project narratives as related to the work that um is continue continuing through the SR3. So, I'm not going to read all
003of this to you. I'm just going to hit some highlights uh for the projects so that we have an idea of what has been done and what is still remaining. So, the first in your packet should be a project narrative for the HVAC work at Lumberton Senior High. And I'm again I'll hit some of the highlights that have impacted this work. So um third bullet down as we begin our work through the summer of 2024 there was a walkthrough that was conducted by Raymond Childress and his team and u followed up and was followed up the following week of June 6th. During that walkthrough, it was discovered that the building or some of the piping had asbestous in it. And of course, that work needed uh as best uh the abatement had to take place
004before additional construction work could take place or remove piping for the new system to be installed. So, uh you can see Raymond Childress and his team worked through June and the middle of July. So that impacted the work at Lumberton Senior High approximately six weeks. Snider was able to get back into the building and continue their work on July 15th. Uh so the original summer work was to convert or remove and change all equipment over to include the fourpipe system, but the abatement did uh delay that. So, if you move over to the next page, Snyder is preparing for their summer work this year to begin on June 7th. Uh, the plan is to complete all the installation of remaining HVAC equipment replacements. Also to repair the ceiling. If you've been to Lumberton High over
005the past year, there's a large portion of the building that the ceiling grid has been removed. That work was done last year. So, part of the summer work will be to replace that. So, uh, procurement, one of the biggest pieces that has impacted this work as well. Uh, as everyone knows, we secured all the equipment for the HVAC at Lumberton Senior High and other projects across the county through SR2 knowing that installation would take place with SR3 funds. So, we had to order the switchboards for this project. There was an approximately over a year lead time that is scheduled to be delivered on July 14th of this of this year. So there's a whole list of uh work that will be completed and again I'm not going to walk through all of that work that
006needs to be completed but you can see there we will install the remaining uh hair air handler units fan coils and also at some point in time we will get to the switch gear. Now, the switch gear unit will require us to shut the school down for approximately two weeks without power. That's a maximum two weeks. Um, and we know and we know what will happen if we shut up the power off and not have air in the building during the summer months for that extended period of time. So, we're continuously in conversation with Snyder to see if that work can't be pushed back u to December of 25 with a definitely cooler weather and this Christmas break. Next project narrative addresses the window replacement uh at Pimark Elementary, Ox9, and St. Paul's Elementary. Again,
007these uh Snyder came into the county, visited all of our sites, and determined that these were the three worst sites in the county that uh needed windows to be addressed. So, these are not offtheshelf windows. All of these windows had to be custommade. Uh all of the product to my understanding at this point has been ordered and procured. We have started work at St. Paul's Elementary and that work is continue continuing there. There was asbestous in the cafeteria. So we had to uh work around the abatement taking place there. We have also had to work around lead abatement in the gym to replace those windows at St. Paul's Elementary. Once we finished at St. Paul's Elementary, the next scheduled work would be at Oxenine Elementary. Uh again, abatement uh asbesus abatement will need to take
008place at Oxen Elementary as well and the two teams will work in tandem as the abatement takes place. Snider will come in behind them and replace the windows. Uh same thing will take place. Our plan is to start at Pinrook Elementary on June 16th. Uh minimal abatement need to take place at St. Paul, I mean I'm sorry, at Pinrook Elementary and that would only be in the courtyard. Uh again, the teams will work in tandem to complete that work. All of the window work is scheduled to be done uh before school starts back for all students. Next, you have in your packet is just a brief narrative. As you're aware, we have occupied both of the multi-purpose classrooms at St. Paul's High and P and U Pernel Sweat. Uh we have a few warranty items
009that are being completed there and the engineer is ready to issue substantial completion on both of those projects within the next week uh as soon as we can iron out a couple of warranty issues with overhead doors and a cabinet needs to be reinstalled at St. Paul's High. So again, uh this this this the narrative for these three projects and kind of where what the work that has been done prior to this school year, the work that was initially planned to be done over the summer and what work would need to take place possibly outside of those summer months and how it is impacted our ability to complete the work within the designated time frame of the funding. All right. Dr. May, thank you Bobby. Good, good report. Okay, the question was asked of me
010and I I need you to make it simple. Tell me why. I know the needs are there and desperately we need to get this as best out. We need to get the windows fixed and I agree with you. Why was this discovered at such a late time of the money cycle? That question was asked of me. In other words, we got the money and when the ESA money when do we get the money? Let me let me answer that. It it was not discovered at a late time as we started some of that work. identified itself. Then that was really these projects was the driving force behind asking for that extension that we got because we realized we couldn't do the work with students in the building. We realize in old building we're g find
011some other things and for instance we realized at lington senior we're gonna have some issues once we so it was not a late date recognition it was the timing and the scheduling and that's why we asked probably Bobby to put these reports in so you would know that we did do the planning ahead of time but we just we couldn't do the work right and again as we've stated several times none of this work can be done with students in the field. So the identification of the need was there. I know you said Mr. Childers came in and he said no, whoops, there's a speest here. We need to get that as best out before we can do work. The question and this is I'm not against any of this. I'm for it. The question
012was asking me why was the lateness of the done with these projects? You know, because they were curious. Didn't we know we had those needs before? Why was the latest because, you know, they they clipped the money from us. Hopefully, the lawyer has good news tonight. But that was just an honest question that someone asked me and I said I I knew about the children because the superintendent said that over and over. So, I guess my question was I hope the answer to what the superintendent saying is we knew we had those needs all along. This was just an opportunity for us to address those needs. Am I wrong saying that? Yes. So the needs in HVAC and windows were a need all along. The discovery of the bestest did not take place until we
013got into the building and started to do the work. Yes. Okay. And because this the we're using federal funds, which is something we've never done for buildings. This is the first time in my 25 year history. um there were additional um parameters you had to follow as far as procurement, but we started looking at the windows and if I'm not mistaken, October of 2022. Well, let's go back further than that before we ever put a plan in place. We asked Snider to do a walk through in every building and to observe and they did that for us for what they could see. and and they stated at that point in time, once you start some of this work in these old buildings, you know what you're going to find. But to answer the question, we
014use that company, the experts to walk every building and make recommendations to priority in terms of what we needed to do. Um, so we did advanced planning before we ever set that to a plan, before we ever spent any money. So we have details of all that work. Thank you. And so and so to further add clarity, the only building that added surprise and abatement in asbestous was Lumberton Senior. We had already planned with Snyder that when we went to St. Paul's Elementary, we knew there was a best there. When we go to Oxen, we knew the windows. We already knew up front that the baitment had to take place and we also knew that that was only going to take place in the summer. Thank you. Okay. All right. Thank you. Um legal update.
015Is that Erica? Okay. I'm sorry. I think somebody's got a raised hand. Um Leech. All right. I can't really see. Mr. Terry. Yeah. I have a question. Um, so there was a process in place to where we had to request an extension for these funds and so we put in a request uh for an extension and that that request was granted and then um the the decision was reversed. So give me uh just refresh my mind on on that again if you don't mind. So, the Department of Public Instruction received an approval letter from um the United States Department of Education on January the 22nd that authorized all of the North Carolina projects as being approved with a new extension date of March I can't remember if it was March the 30th or March the
01626th of 2026, but it was a date in March of 2026. Okay. March. Okay. So, so we received word in January that we were approved, right? We didn't. PSRC did not. The North Carolina Department of Public Construction did. I sent an email to DPI on February the 21st just asking because we had not received any notification one way or the other. And I PSRC received that notification on February the 21st. So, so what was the plan? What was the contingency plan um for us had we not received um that u that uh that approval because because my my big question is how how how much how how much exactly are we on the hook for and what were the plans for that just in case the approval didn't go through in the beginning quite honestly
017Mr. Terry, um there had already been three major projects, ESR one, ESR 2, and gear funds that Department of Public Construction in the state of North Carolina had received extensions on. SER 3 was the only one that public schools could be included in, but the state had already received those three major extensions. Um all the conversations when these funds were originally sub uh given to us in 2021 indicated there would be an extension. And everybody that we talked to, including lawyers, including NCDPI, including the state of North Carolina, did not give us the need to have a contingency plan. They all indicated that we would receive approval, which we did. So the only time we started focusing on contingency is when that was reversed because all of the advice and the information we received from
018all the powers that be indicated it would not be a problem in getting the extension request and that was the case initially because we did receive the extension. Mr. Chair, if I may and Richard, you may want to address this. All of that funding went to DPI. So we did not receive any direct communication from the federal level. That's correct. Communication went to DPI and then they were responsible to communicate with us and that may or may not always happen in a timely manner. Richard, you want to address that because they're the guarantees. Um I think you just you just covered it. The state is the grantee for these funds. We are subgrantees and so the money gets distributed to us through the state from the federal government and DPI has indicated to us that
019they were working under the impression that they had a year to get in place the next process next step. So that's why they had not reached out to us by the February 21st date because they in their um uh direct communication they received they would have until March the 28th of 2026 to spend these funds. So they were developing a plan of action to communicate to us. Okay. I had one more question and that was do we know if this doesn't work out how much exactly are we on the hook for right now? We do. We do, Terry. And that's a great question. Um, part of that 14 plus million is installment. We have the equipment that's been paid for and and so part of that money is just installment. We can pull those teams
020off and wait it out until we get So, actually, Bobby, help me. It's about five million uh that we actually got to find the funds for at this point. Correct. Right. So, and when Yes. So, Miss Erica is going to go over that, but I do know the windows were about 4.7 million. Uh, and then the remaining would be what was left in HVAC work in the two buildings at Pernell Sweat and St. Paul's. And so, I included um the invoice breakdown. DPI has asked us to show invoices either paid and or incurred in three different phases. So, what we paid out prior to March the 28th of 2025, uh, anything that was paid after that date, but prior to May the 24th was the new date they gave us based on the information Mr.
021Schwarz has shared. That's the new date that some of the other states that sued the federal government had been given um to submit invoices. So the the invoice um spreadsheet that I included shows prior to March the 28th we had paid out 1,142,38164. After March 28th we've paid out 1,50353754. There are invoices that have been sent to PSRC that we have not paid, but work has been done and the expense has been incurred in a total of 3,359,85655. Those three items together total $6,575.73, leaving a balance that has not yet been incurred or paid of 8.3. This is the information that we recently submitted to DPI as part of North Carolina getting involved in submitting the information based on the other lawsuit even though we're not a part of that lawsuit. So this information was
022submitted to them on May the 22nd. So Erica, if I may, of that total amount, we're still waiting on reimbursement for how much? We're waiting on reimbursement that we have paid out of $2,645,919. That there's no question we qualify for because that was already prior to uh the May 24th date, right? That's correct. All right, Mr. Mr. Brick, Mr. Erica, help me understand where the um money we approved that came out of the reserve, the 2 million that we approved came out of reserve. Where is that at on this? So, the 1,142, 381, and 64. Okay. And then the 971600. Okay. U Mr. Kerry. Okay. Um we have all the materials needed to complete these projects in now. Are all those in? We when those are in the what we are waiting on now in
023terms of HVAC would be the switch gear that's expected to be delivered July 14th. Okay. Now, materials, is all of it paid for or is that part of what not has not been paid for? So, all HVAC equipment has been covered. All nothing in windows has been paid for yet because we covered all of windows out of Esset 3. Okay. And then what is left would be labor on whatever has to be done. Correct. Windows or HVAC. We go. No, all of windows including material and labor would need to cover. Uh only thing that's left in HVAC is labor. Labor. Okay. So, let me one more followup. Excuse me. U basically we're looking at a little over 8 million as total. Is that what we don't have or that's what we're looking that has not
024been promised some way or another in these appeals? Well, quite honestly, we haven't been promised any of it. We are following the protocol outlined by the attorneys that the other states that sued the federal government are following and they've been told that as long as they submit what has been paid out or incurred by May of 2024, they would get approved for that. But we have not received that yet. That's part of what Mr. Schwarz is here to talk about tonight and for us to get the res resolution so we can possibly be included in that conversation. So let me clarify that uh broadening that that question three were approved right no question about that which means this 14 point something was approved for us to use that money's there we believe it's rightfully our
025money um and we're jumping through hoops in in a sense to reapply for money that we've been authorized Um everything was pre- audited which means we certified that we had all the documentation uh that our plan had been approved and that the money was available at the federal level um and the state level. So I'm going to say it that way because that's how it really is. Absolutely. And I do want to reiterate that we've gone through about 10 different processes prior to any of this happening to verify that the funds were obligated on time like was requested. We submitted additional documentation in November 24 to DPI as part of the extension process that was submitted to United States Department of Ed that was processed. DPI received the approval that granted us the 14 um
026million dollars at January the 22nd. Yeah. of 2025 from the United States Department of Education. Um, Mr. Go follow up then, Mr. Trey, because Okay, go ahead. Just a bit. So, initially it was the 14 million, right? That's what we're trying to get that they are up in the air with, right? That we're following. So on here it's saying about the 8 million and that you guys paid the six million. Is that what paid or incurred? Okay. So we've either paid invoices. The 2.6 million that I mentioned is what we've actually written physical checks for. Okay. But these companies have issued us invoices that total that amount. Okay. That's why I just wanted to clarify. Okay. But we don't have the funds to pay that. None of that. None of the 14. So the six
027or the eight? No. I'm sorry. We don't have um we've paid the 2.6 out of that six million and I can add that if that'll be clear. Okay. The 6 million minus the 2.6 is what we've paid. Okay. Thank you. So that remaining 4 million, however that works out, we do not have that available to pay that spend. And then we have the 8 million. Correct. That has not even been invoiced yet, but it will be once they start doing work. installing all of that. Yes, ma'am. That's correct. We got Mr. Craig. Um my comment and to Mr. Mr. Bobby ever. This is to everybody. All we went through all the steps. You folks did all the steps of asking for extensions doing what was supposed to be done. We knew there was this 14
028million, but we were given information that you got the money. go ahead and do what you got to do. Order it, get get work done. You know, I'm good that we did everything we did, we're supposed to do, and then on the date the money was just pulled out and said, okay, you don't have this anymore. So, that's brought us to where we're at now of being told, you don't have the money. And we had done everything we were supposed to do. And that resolution tonight is supposed to say, this is where I guess the board stands. So, you know, we're part of trying to get this money to hold the entire amount. Correct. All right. Thank you. All right. Thank you. Now, we will have a legal update by um our attorney, Richard Schwarz.
029Good evening. Um there are a lot of moving parts and moving pieces in this um whole mess. Um, and some of those moving parts are in the Southern District federal court in New York where there's a lawsuit pending that I've talked to you about before that was filed by 16 states and the District of Columbia against the US Department of Education and Secretary Linda McMahon. Um the um the recent submission that Erica was just talking about where we submitted um uh $6 million plus uh under the column that says total incurred or paid by 52425. Um we uh working in conjunction with DPI and the North Carolina Attorney General's Office. Um, we we are taking the position that the dispensation that was granted by the US Department of Education to those 16 states in the
030District of Colombia ought to apply equally to us and everybody else who was denied. And so what happened in that case was after um the first order was issued by the uh by the court up in New York, the federal court, the department of education sent out um another letter and um uh that letter was um a dear colleague letter um dated May 11, 2025. And the dear colleague letter went to the state superintendents or their equivalents in those 16 states and the District of Columbia. And it um uh said to all of those folks um give us your bills for everything that's paid or incurred as of May 24, 2025, and we'll approve it. All right? And then also granted them an appeals process. So we're piggybacking on that. And even though that order
031doesn't apply to us, that letter doesn't apply to us, what we're saying to the Department of Education is you can't approve it for them who sued you and not approve it for us who didn't sue you um and followed the appeals process that you laid out. The second line is there was an appeals process that was laid out by the US Department of Education that was deficient um in my humble legal opinion. Um, and that was the appeal that we initially made and the Department of Education denied all of the projects for North Carolina, not just Robinson County. Um, they then said, however, we'll grant you another appeals process and you've got to have your information on that one in by June 6th. So, we'll be appealing that through the state. We don't do it
032directly because, as I mentioned, we're subgrantees. So, so the state DPI has to make that appeal and we're working with them um and they're making that appeal um through the process that was laid out for the non-plaintiff states, the ones who were not involved in the Southern District of New York federal lawsuit. Um a new development is that on um uh Thursday of last week, what's today? Today is the 28th. On Tuesday of last week, excuse me, um the federal court in New York issued another order um involving those 16 cases. And they issued a temporary restraining order against the US Department of Education enforcing the May 11th letter, the dear colleague letter that gave the deadline of May 24 for um submitting bills and invoices uh for approval. not really submitting bills and invoices,
033but for um getting the funds uh for amounts that were incurred by that. And the um the order directs the Department of Education and Secretary McMahon to process pending and future payment pending and future payment requests for education stabilization funds, the ESRE funds submitted within their liquidation periods. And that was the original liquidation periods without delay and directs the defendants to file a status report to the court within one week listing each plaint uh for each plaintiff of all outstanding payment requests um for the esser funding um including the amounts the dates the requests were submitted the anticipates that the anticipated dates they'll be processed um and further ordered that there was going there's going to be a hearing held um this coming week on June 2nd to determine whether or not an injunction a
034uh an injunction should issue that um uh prevents the uh Department of Education from enforcing the May 11 letter that was sent out to those states. Um so we'll have another order from the court on or after June 2nd um dealing with all of that. Um, so the to summarize very quickly, what we're trying to do is piggyback on the original order that came out and the original letter that came out for the plaintiffs in the New York case that gave the May 24 deadline. There has now been another order from that federal court saying you can't enforce that deadline. Um, that was in the May 11 letter that went to those states. Um so arguably we don't we can continue to submit um even after the May 24 deadline uh that DPI was using
035and DPI has submitted all of our stuff based on that May 24 deadline. And then the third thing is we're going through the second round of appeal from the process that was laid out by the US Department of Education for the non-plaintiff states including North Carolina. Um, still on the table is some discussion about whether North Carolina might join that lawsuit. Um, that will be up to the attorney general um, here in North Carolina uh, working in conjunction with the folks who are most directly affected and that would be us and DPI. Um so um with that update um uh are there I don't know if there are any questions on that but we now have you asked um you requested that we draft a resolution and the department of public instruction requested that we
036draft and pass a resolution um setting out our position on this. And so in response to that I have prepared and you all have at your table a resolution. Uh but since this is being um livereamed and we have some folks online um I'm going to read the entire resolution um and then that will be up for the board to consider. So before I do that are there any questions? Mr. Schwarz I've got a question. Um, how much is is this included in what we're already paying you as our attorney or is this on top of this legal work that's taking place for the public schools of Robinson County? Are we incurring any cost that way is my question. Yes, you're get you're paying our hourly rate on this. Thank you. All right. So, this
037is a resolution by the board of education for the public schools of Robinson County protesting the US Department of Education's unwarranted recision of previously approved SR3 funding for contractually obligated and needed projects. Whereas, it is the responsibility of the board of education for the public schools of Robinson County, PSRC, to allocate PSRC funds effectively and efficiently. And whereas PSRC is the most underfunded public school district in North Carolina by local per pupil spending with all 37 of its schools designated title one and serving a student population that is overwhelmingly economically disadvantaged and majority minority and which includes a substantial proportion of American Indian students. And whereas on March 11, 2021, Congress signed into law the American Rescue Plan, ARP, uh, public law 117-2, which included in elementary and secondary school emergency relief fund three, SR3
038to be distributed by the US Department of Education to state education agencies to assist elementary and secondary education systems in responding to the CO9 pandemic. And whereas SR3 funds were allocated to school districts across the country to address the academic, social, emotional, and mental health needs of students affected by the CO 19 pandemic, including school facility repairs and improvements to minimize the risk of virus transmission, reducing exposure to environmental health hazards, and enhancing indoor air quality in school buildings. And whereas PSRC was awarded SR3 funds and responsibly allocated the funds for HVAC upgrades, new classroom construction, and window replacement projects to reduce the risk of virus transmission and exposure to environmental health hazards and to support student health needs in accordance with detailed guidelines and specific requirements for all projects which were explicitly approved by
039the US Department of Education and the North Carolina Department of Public Instruction, NCDPI. And whereas in conformity with federal guidelines, including those of the US DOE for the use of SR3 funds, NCDPI stated that quote, COVID relief monies can be used for construction, renovation, repairing, and improving school facilities to reduce risk of virus transmission and exposure to environmental health hazards and to support student health needs. Close quote. And whereas SR3 funds were required to be obligated by September 30, 2024 and school districts were initially given 120 days after the obligation deadline to liquidate the funds. But US DOE in compliance with the expressed intent of the US Congress and recognizing the realities of COVID related construction and supply chain delays allowed a late liquidation extension for school districts that were not able to fully liquidate
040the funds within the specified time. And whereas PSRC was not able to fully liquidate funds 120 days after the initial deadline due to unexpected delays completely outside of the control of PSRC and NCDPI on behalf of P PSRC and other other North Carolina school districts applied for a late liquidation extension deadline. And whereas on January 22, 2025, the US DOE during the current administration under President Trump issued a letter to NCDPI clearly stating that the US DOE had approved NCDPI's request for an extension to liquidate SR3 funds until March 28, 2026, which meant that PSRC had until March 28, 2026 to liquidate those funds. And whereas on Friday, March 28, 2025, at 5:03 p.m., US DOE unexpectedly issued a letter to all state education chiefs abruptly notifying them that all or part of said SR3
041funds were being withdrawn or rescended as of that date and that US DOE was voiding any previously granted extensions, alleging that the extensions were unjustified. And whereas the US DOE's March 28, 2025 letter was sent at 5:03 p.m. and stated that all SR3 funds had to be liquidated by March 28, 2025 at 5:00 p.m., which gave PSC no opportunity to liquidate its previously approved SR3 funds or receive reimbursement for its remaining obligated funds totaling 14,328,382 thou 38210. And whereas NCDPI applied for a reconsideration of US DOE's recision of funds on behalf of PSRC and whereas on May 8, 2025, the US DOE sent notice to NCDPI that it had denied all four reconsideration requests by PSRC because the projects did not provide direct services to students or mitigate the effects of CO 19 despite USDE's
042previous position that these projects were approved uses of SR3 funds. that would mitigate the effects of CO 19. And whereas PSRC reasonably relied on the US DOE's guidance and representations and on the January 22, 2025 letter from the Trump administration's US DOE regarding the extended liquidation period and PSRC planned construction projects and timing for its previously approved projects uh contracts based on USDO's representation that funding existed and would be timely provided to BSRC through March 28, 2026. And whereas all the remaining obligated contracts are underway and cannot be terminated and the US DOE is morally and legally obligated to honor its prior commitments. And whereas Secretary of Education Linda McMahon has recognized that quote debt doesn't go away. It gets transferred to others. If borrowers don't pay their debts to the government, taxpayers do. Close
043quote. And whereas consistent with Secretary McMahon's statement, if the US DOE fails to restore the previously approved but now rescended funds, the taxpayers of Robinson County in North Carolina will be forced to cover for the US DOE's decision to reneg on its promises andor PSRC will be un will be liable to its contractors and unable to complete the previously approved projects. And whereas incredibly in its March 28, 2025 letter, US DOE Secretary McMahon stated that the explicit prior approval of the extension, a guarantee and promise of the by the United States government could not be relied upon. Quote, "So you could not rely on the Department of Education adhering to its original decision." Close quote. And whereas the funds were used or encumbered via PIT by PSRC in accordance with ESSER guidelines and within the
044scope of allowable allowable expenditures. And whereas the unconscionable recision of these funds will result in significant negative impact on programs critical to student and staff health and success and on the financial stability of the PSRC and the county of Robinson. And now going by individual projects, HVAC replacement at Lumberton Senior High School. Whereas the HVAC system at Lumberton Senior High School is in the process of being replaced using SR3 funds to ensure clean air and a safe learning environment for nearly 2,000 students and staff, many from populations most affected by the CO 19 pandemic. And whereas this project addressed the impacts of CO 19 by reducing the risk of virus transmission, reducing exposure to environmental health hazards, and supporting student health needs. And whereas the project encountered unavoidable delays due to asbestous and mold abatement,
045extensive lead times on chillers and electrical switch gear, including some parts that have not been delivered as of today, despite being timely ordered, and due to safety constraints preventing work being done while students and staff are present. And whereas the withdrawal of SR3 funds would limit PSRC's ability to compensate its contractors for work already performed and would prevent PSRC from being able to complete this crucial this critical health project despite all parts having been ordered and the project being fully designed underway and essential to both pandemic mitigation and future operations. And whereas the recision of funding jeopardizes this project and places PSRC at risk of financial and legal exposure despite PSRC's good faith and now detrimental reliance on the promise of the United States government through the prior explicit written assurances from US DOE and
046now turning to the multi-purpose classrooms at St. Paul's and Pernell Sweat High Schools. Whereas PSRC constructed modular multi-purpose classrooms using SR3 funds at St. Paul's High School and Pernell Sweat High School which now safely serve over 2,700 students with improved air flow and modern HVAC sea systems. And whereas these projects were intended to address the impacts of CO 19 by alleviating overcrowding, reducing the risk of virus transmission and exposure to environmental health hazards and supporting student health needs. And whereas these projects were expected to be complete in December 2024, but faced unexpected delays due to weather and an unplanned soil stabilization project at St. Paul's High School. And whereas the school buildings are currently in use, but additional SR3 funding is required to finalize payments to contractors and complete final punch list items. And whereas
047the recision of funding jeopardizes the these nearly complete projects and places PSRC at risk of financial and legal exposure despite good faith reliance on the promise of the United States government through the prior explicit written assurances from US DOE. And now turning to the window replacements at Oxendine. If I may, sir, let me ask on those projects. Um, would it be helpful to add the language? Those buildings address title nine. That was part of our ongoing conversation, which I don't know that that would make a difference. I I think we need to just focus on the co on this, right? Um, turning out of the window replacements for Oxendine Elementary School, Pemroke Elementary School, and St. Paul's Elementary School. Whereas S SR3 funds were allocated for window replacement at multiple PSRC schools to address serious
048ventilation concerns with rotting non-functional windows that prevented effective HVAC operation and safe and healthy air circulation. And three schools have yet to be completed due to unexpected complications with asbestos. And whereas these projects aligned with CDC and ARP guidance are scheduled for completion when students are not present and the work can be completed in summer 2025 without disrupting the education process so as to avoid compacting uh compounding COVID learning loss. And whereas these projects are intended to address the impacts of CO 19 by reducing the risk of virus transmission, reducing exposure to environmental health hazards, and supporting student health needs. And whereas PSRC has already ordered the necessary windows, all of which were specifically designed and ordered for this project and planned all work in accordance with timelines established based on the March 2026 deadline
049that was previously approved for S3 fund use. And whereas the recision of funding jeopardizes these projects and places PSRC at risk of financial and legal exposure despite good faith reliance on the promise of the United States government through the prior explicit written assurances from US DOE. Now, therefore, be it resolved that the board of education for the public schools of Robinson County one formally request that the US DOE grant NCDPI's appeal of the US DOE's decision to resend previously approved SR3 funds and extensions essential for the completion of the critical PSRC projects described in this resolution. and two asserts that rescending these funds disproportionately harms one of North Carolina's poorest school districts, undermining the goals of the American Rescue Plan. And three, declares that these projects were planned, contracted, and initiated in strict compliance with
050federal and state guidance and delays were caused by factors completely outside of PSRC's control. and four certifies that all related obligations were made no later than September 30, 2024 in compliance with federal guidelines and that the obligations are directly tied to pandation pandemic mitigation and learning recovery and five authorizes and directs the superintendent, legal counsel and PSRC representatives to pursue all available administrative and legal remedies to restore these funds and complete these projects critical to the health and safety of students. students and staff. And five, urges the North Carolina General Assembly, North Carolina DPI, US Department of Education, the North Carolina Congressional Delegation, and the US Congress to take all necessary steps to advocate for PSRC and to reinstate and safeguard SO3 funding for PSRC and districts similarly impacted by economic hardship and good faith
051project delays. and seven, request the US DOE to exercise its discretion and revoke its unjustifiable retroactive recision of the remaining obligated funds in the amount of 14,328,38210 and allow PSRC to use such funds through March 28, 2026 to fulfill the lawful and equitable intent of the American Rescue Plan and to prevent a devastating financial disruption to an already underfunded and impoverished school system. and eight directs the superintendent and legal counsel to deliver this resolution to the entire North Carolina congressional delegation including Congressman Mark Harris and Congressman David Rouser and US Senators Tom Tillis and Ted Bud, the Honorable Governor Josh Stein, the Honorable Attorney General of North Carolina Jeff, the Honorable State Superintendent Mo Green, Attorneys for the North Carolina Department of Public Instruction, appropriate members of the North Carolina General Assembly, including Speaker of
052the House Dustin Hall, Senate President Prom Phil Burgerer, State Senator Danny Earl Brit Jr., State Representative Brendan H. Jones, State Representative Jared Lowry into the US Department of Educa, Secretary of Education Linda McMahon, and President Donald J. Trump. Adopted this 28th day of May, 2025 by the board of educ board of education for the public schools of Robinson County. This resolution is ready for a motion for approval, a second, and then any discussion, and then a vote. Um, do we have uh was this John Simmons? If we was to get in on this lawsuit, do we get any money back for attorney fees concerned or? Uh, no. Uh, but we're not in the lawsuit and if if we got in on the lawsuit, it would be the state going in on the lawsuit. So, it
053would be the North Carolina Attorney General doing that. Okay. Dr. Emanuel. Mr. Chair, I make a motion that we approve this resolution as written. Second. Have a motion on the table by uh Dr. May to approve this resolution as presented. And we have a second by Mr. hearing Brewer. All in favor say I. I. I. I. All oppose. Eyes have it. Pass unanimously. Pass unanimously. All right. Thank you. In that case, Mr. Chair, I don't think we have a need for a close session for legal issues. All right. Do we have a motion? Um, do we have a motion to adjurnn? Um, that's a question. All right. A motion. I have motion be on the table to adjourn by Miss Melissa Osher. Next been second by Miss Christa Monroe. All in favor say I. I.
054All oppose. Thank you.