The American Samoa Department of Education (ASDOE) can again access American Recovery Plan Act Education funds from the US Department of Education.
In March of this year USDOE had rescinded approval it issued in December 2024, which allowed American Samoa to liquidate all ARPA funds for education by March 2026. A total of $42.2 million for 14 projects were affected.
However, yesterday, the U.S. Secretary of Education Linda McMahon announced that ASDOE can now submit reimbursements or route pay requests for their Education Stabilization Fund (ESF) programs, which will be reviewed and evaluated consistent with the process prior to the issuance of its March 28 policy.
This decision is tied to a ruling by the U.S. federal court of the Southern District of New York, which enjoined the U.S. Department of Education (USDOE) from enforcing or implementing the March 28 revocation of the liquidation extension for 16 plaintiff states and the District of Columbia.
On June 20, the U.S. Court of Appeals for the Second Circuit denied USDOE’s motion to stay the District Court’s injunction.
In a June 26 letter, Secretary of Education McMahon stated that the ongoing litigation had created basic fairness and uniformity issues. “Many states such as yours,” she wrote, “have continued to be covered by the March 28 policy, while the plaintiffs in the New York litigation have not been subject to that policy due to events in the litigation.”
To address the uniformity and fairness concerns, the USDOE has decided to return non-plaintiff states to the liquidation process that existed prior to the issuance of the March 28 letter.
USDOE is allowing American Samoa to submit reimbursements or route pay requests for its ESF programs, and they will be reviewed and evaluated consistent with the process prior to its March 28 letter.
In a press release, Governor Pulaali’i Nikolao Pula and Lieutenant Governor Pulumataala Ae Ae Jr. thanked the U.S. Department of Education for restoring access to the ARPA Education funds.
“This decision allows the American Samoa Government to resume submitting eligible funding requests under the process used before the Department’s March 28 rescission,” the statement read. This action ensures that American Samoa can continue using its federal education funds, especially those from the American Rescue Plan Act (ARPA), to support students, schools, and COVID-19 recovery efforts.”
In addition to restoring access, the Department has exercised its authority to grant an extension of up to 14 months—through March 2026—for the liquidation of properly obligated ARPA funds. This extension gives the American Samoa Government and other grantees additional time to complete payment for approved projects and services already in progress. The American Samoa Government will continue to work closely with the U.S. Department of Education to ensure these funds are used properly and effectively to meet the needs of students and educators across the Territory.
The American Samoa Government thanks the ASDOE, the local ARPA office, the Office of Procurement, the Attorney General’s Office, and all other departments who have offered their assistance during the transition and policy changes.
