Date: May 28, 2025
Topic: Project Updates, ESSER III Funding Crisis, and Legal Strategy
🔧 Construction & Facilities Updates
Presenters: Mr. Bobby Locklear and Mrs. Erica Setzer
Mr. Locklear delivered updates on three major construction efforts funded by ESSER III:
Lumberton Senior High HVAC Project:
The project has faced delays due to asbestos discovery during summer 2024 walkthroughs.
“We had to stop everything until the abatement was completed,” he said, explaining the 6-week delay.
The switch gear needed to complete the HVAC system will arrive July 14, but its installation may require a two-week power shutdown. To avoid damage to the building in hot weather, the installation is scheduled to take place during a cooler climate, potentially during winter break in the 2025-2026 school year.
Window Replacements at Three Schools:
Schools affected: St. Pauls Elementary, Oxendine Elementary, and Pembroke Elementary.
Custom windows have been ordered. Work is already underway at St. Pauls Elementary.
Abatement of asbestos and lead (from lead paint) is required at each site.
Locklear confirmed: “All of the window work is scheduled to be done before school starts back.”
Modular Classrooms at St. Pauls High and Purnell Swett High:
Buildings are in use; final punch-list items remain.
Substantial completion is expected within a week, pending warranty issues, to include replacement cabinets at the St. Pauls High School site.
💰 ESSER III Funding Crisis
Discussion led by Superintendent Dr. Freddie Williamson and CFO Erica Setzer
Board members were reminded of the sudden withdrawal of $14.3 million in previously approved ESSER III funds. This money was designated for health and safety improvements and learning loss and had been explicitly approved by the U.S. Department of Education (USDOE) before being rescinded without warning.
“We knew we had those needs all along. This was just an opportunity for us to address those needs,” said Dr. Williamson, detailing the district’s planning process. “It [needs like asbestos that could delay projects] was not discovered at a late time… the surprise was the abrupt federal reversal.”
Key Financial Breakdown:
$6 million has been paid or incurred.
Of that, $2.6 million has been paid; $3.4 million in invoices are unpaid.
$8.3 million in project costs remain unbilled but are obligated.
“We’re reapplying for money that we had already been approved to use. We are jumping through hoops to get the money we were promised,” said Dr. Williamson.
⚖️ Legal Update & Federal Challenge
Presenter: PSRC Board of Education Attorney Richard Schwartz
Attorney Schwartz explained that Robeson County is working closely with the North Carolina Department of Public Instruction (NCDPI) to appeal the federal decision. While PSRC is not a plaintiff in the current multi-state lawsuit filed in New York federal court, PSRC is aligning its strategy to benefit from a recent temporary restraining order against the USDOE.
The USDOE originally granted PSRC until March 28, 2026, to use its funds, then reversed that decision on March 28, 2025, at 5:03 PM, leaving no time to respond.
A court ruling expected June 2, 2025, may impact even non-plaintiff states like North Carolina.
Schwartz emphasized, “You can’t approve it for the states who sued you and not approve it for the ones who didn’t.”
The court ruling expected June 2, 2025, may impact whether PSRC can continue submitting expenses for reimbursement.
An official appeal through NCDPI will be submitted by June 6.
🧾 Board Resolution & Advocacy
A formal resolution was read aloud by Schwartz and unanimously approved by the board. It protests the unjustified recission of ESSER III funds and outlines the following key positions:
The projects were compliant with federal regulations and planned in good faith.
The rescission disproportionately affects one of North Carolina’s most underfunded and economically challenged school districts.
The board urges intervention from state and federal elected officials to reinstate the funds.
“This resolution says where we stand. We did everything we were supposed to do… and then we were told the money isn’t there,” said PSRC Board of Education Member Mr. Craig Lowry.
🔚 Meeting Conclusion
The board passed the resolution and affirmed its commitment to pursuing all administrative and legal options to restore funding and complete critical infrastructure projects. The meeting adjourned without the need for a closed door session.
Click here to watch the meeting.