July 8, 2025

• How do we support any member (or ally) interest in a class action suit, given that LEAs have very good standing to take such legal action? If this is a conversation you are interested in, please let us know. 
• Supplement Not Supplant: We are getting questions about what will happen to SEAs and LEAs, should they use local funds to cover the shortfall, as it relates to supplement/not supplant provisions. We have submitted this question to USED and to other outside counsel and will share any information we get. We did get one answer from a former lawyer with the Office of the General Counsel, and they replied: ‘Other programs have SNS that are all a bit different. I know Title II and Title III especially. I would have the state make a note that they are doing it under authority in 34 CFR 76.703(d) since they already have an approved plans.
• Using 24-25 Carryover Funds? We are also getting questions about what, if anything, LEAs can do to use carryover funds. The question has also been sent to counsel and USED. The same former counsel to OGC wrote: ‘As to carryover, I would agree that they can swap out accounting of funds. I would very explicitly make a record though that all of this is being done to cover the shortfall of this insanity.’

On June 26, Secretary McMahon sent a letter to non-plaintiff states and territories, notifying them that the U.S. Department of Education is going back to the ESSER payment process that was in place prior to the March 28, 2025 letter terminating approved late liquidation extensions. The notice comes from the pending litigation that provided plaintiff states, those involved in the litigation, with a different process than the non-plaintiff states. Plaintiff states have been allowed to continue to request ESSER draw downs for any pre-approved ESSER projects. However, that flexibility did not apply to non-plaintiff states until now. Read the latest update.

Join AASA and NSAA on July 11 at 12:00 pm ET for an insightful webinar exploring the latest and most significant U.S. Supreme Court cases affecting K-12 public education. In this session, Sonja Trainor, executive director of the National School Attorneys Association (NSAA), will break down key decisions from the current and recent terms, providing context, analysis, and practical takeaways for superintendents. Register here!

In late June we were happy to share news out of SCOTUS that in Consumers Research et. al. v. FCC, the court voted 6-3 in favor of upholding the funding mechanism of the Universal Service Fund, which includes the schools and libraries (E-Rate) program. AESA has worked tirelessly to ensure that millions of students and library patrons nationwide can continue to access the internet services they need to learn, grow and stay connected to the world. The E-Rate program is a cornerstone of educational access and digital inclusion, helping public and private schools and public libraries afford high-speed broadband and telecommunications services.

In a historic move, the U.S. Senate has approved the nation’s inaugural federal school voucher program—a major policy shift tucked into a sweeping tax and spending bill. As states weigh adoption, AESA members will be watching closely to assess its implications for public education, equity, and parental choice. Read more on the key changes and potential impacts.

AESA proudly welcomes Lapeer County Intermediate School District, located in southeastern Michigan, as a new member. Under the direction of Dr. William Kalmar, LCISD supports five local school districts and a charter school with vital services such as special education, early childhood programs, career and technical education, and educational technology. We look forward to all they will contribute to our ESA community. 

AESA member Chester County Intermediate Unit (CCIU) is making national waves through its groundbreaking work in career and technical education.  As a featured stop on the National Security Commission on Emerging Biotechnology’s Biotech Across America tour, CCIU’s efforts are transforming how students connect with high-demand biotech careers—right in the heart of Pennsylvania. Discover how CCIU is preparing the next generation of STEM talent and positioning its region as a hub for workforce innovation. Read more >>

What does it take to turn education data into a tool that supports stronger instruction and better outcomes for students? Nebraska is leading the way.

Project Unicorn’s latest resource, Transforming Education Data for Literacy and Improved Student Outcomes for All, dives into the Nebraska Education Data Partnership (NEDP)—a multi-year effort powered by the ADVISER system and the Ed-Fi Data Standard.

With support from the Michael & Susan Dell Foundation, the NEDP is giving educators across the state real-time, actionable data to inform instruction, close literacy gaps, and improve outcomes for every student. This work is rooted in trust, collaboration, and a deep understanding of the power of data interoperability.

This in-depth story offers:

• Lessons learned from Nebraska’s statewide approach

• Practical strategies for SEAs, districts, and tech leaders

• Honest reflections on challenges, capacity-building, and change management

Co-authored by Terri Hettenbaugh, AESA member from ESU 6 and a 2024 Project Unicorn Emerging Leader, the piece offers valuable takeaways for anyone working to make data more useful, accessible, and aligned with the needs of students and educators.