Krishnamoorthi Leads Ten Colleagues in Challenging Trump Administration's 255-Character Rule That Could Delay School Funding

Source: United States House of Representatives – Congressman Raja Krishnamoorthi (8th District of Illinois)

WASHINGTON — Congressman Raja Krishnamoorthi (IL-08) led ten fellow lawmakers in challenging a new Trump administration requirement forcing schools and other Department of Education grant recipients to provide a written justification of no more than 255 characters every time they request payment from previously approved federal grants. In a letter to Education Secretary Linda McMahon and Principal Deputy Assistant Secretary Murray Bessette, the lawmakers warned that the requirement, which takes effect November 1, could delay funding for reading instruction, special education, and other essential school services.

The Department’s September 28 memorandum requires each justification to identify the federal program, expense categories and amounts, and dates of expenditures. Payments can be held for additional review if the Department deems a justification invalid or incomplete. The requirement is part of the administration’s “Defend the Spend” initiative, which the Department says is intended to improve transparency. The lawmakers argued that existing reporting and auditing requirements already provide financial oversight, while the new mandate creates additional opportunities to delay payments.

“If a justification triggers additional review, the payment can be held pending further explanation. For a small district with limited finance staff and tight cash flow, even a temporary delay could jeopardize payroll or interrupt services for students,” the lawmakers wrote.

The requirement is part of the administration’s “Defend the Spend” initiative, which it says is intended to improve transparency. The lawmakers questioned its value given existing financial oversight requirements.

“Congress appropriated these funds to support public education and expand opportunities for students, not for the administration to slow-walk their disbursement by creating new bureaucratic red tape,” the lawmakers wrote.

Joining Krishnamoorthi on the letter were Delegate Eleanor Holmes Norton (D-DC) and Representatives Glenn Ivey (D-MD), Shri Thanedar (D-MI), Adelita Grijalva (D-AZ), Jennifer McClellan (D-VA), Lucy McBath (D-GA), Jared Huffman (D-CA), Chellie Pingree (D-ME), Alma Adams (D-NC), and Judy Chu (D-CA).

The lawmakers requested written responses by October 30, 2026, to the following questions:

  1. What specific statutory authority does the Department rely on to impose new requirements on the disbursement of congressionally appropriated funds?
  2. On what basis did the Department of Education determine that formula programs such as Title I, Part A and IDEA Part B are covered by this announcement?
  3. What standard will the Department of Education use to decide whether a justification is “invalid or incomplete”?
  4. Will justifications be reviewed by staff, by automated systems, or by both?
  5. How many Department of Education staff have been assigned to review justifications?
  6. What is the maximum time between a grantee’s submission and the release of funds?
  7. Will a payment request be deemed approved if the Department does not act within that time?
  8. For grants already subject to this requirement through partner agencies, what share of payment requests has been delayed?
  9. Is there a process to expedite a request when a delay threatens payroll or services?
  10. Has the Department of Education estimated the administrative burden and cost this requirement will impose on states, districts, institutions of higher education, and community-based organizations?
    1. If so, please provide that analysis.

 

Read the full letter here.