Dive Brief:
- Twenty four states and the District of Columbia are seeking to throw out a lawsuit challenging this summer's delay of K-12 federal grant funding. A joint motion to dismiss was filed Monday by the coalition of states, led by California, and the Trump administration, with both parties agreeing that the balance of the remaining funds be released no later than Oct. 3.
- The expected July 1 release of more than $6 billion in funding was delayed for several weeks due to a "programmatic review" by the White House’s Office of Management and Budget. OMB said an initial review found that "many of these grant programs have been grossly misused to subsidize a radical leftwing agenda.”
- The funding delays impacted after-school programs, English learner services, academic supports, migrant student assistance, adult education and professional development. The inaction caused significant financial disruptions just as schools were finalizing staffing and programming for the upcoming school year, according to educators, families, lawmakers and education-related organizations.
Dive Insight:
The states' lawsuit, State of California, et al. v. Linda McMahon, et al., was filed July 14 and said the “abrupt freeze is wreaking similar havoc on key teacher training programs as well as programs that make school more accessible to children with special learning needs, such as English language learners.”
President Donald Trump, U.S. Education Secretary Linda McMahon and OMB Director Russell Vought are named as defendants in the lawsuit, as are OMB and the U.S. Department of Education.
In a statement Monday, California Attorney General Rob Bonta said the assurance by the federal government that it will release the remaining funds resolved the states' lawsuit.
"The Trump Administration upended school programs across the country when it recklessly withheld vital education funding just weeks before the school year was set to begin,” Bonta said. "Our kids deserve so much better than what this anti-education Administration has to offer, and we will continue to fight to protect them from this President’s relentless attacks.”
The Trump administration has said it wants to close the Education Department and give states more decision-making authority over federal K-12 spending.
The states' lawsuit said that the funding freeze had violated federal funding statutes and regulations. In addition to the states' lawsuit, a coalition of 14 school districts, parents, teachers unions and nonprofit organizations also sued the Education Department and OMB for withholding the K-12 federal funds. Both parties in that lawsuit — Anchorage School District, et al. v. U.S. Department of Education, et al. — also filed a joint motion to dismiss that lawsuit on Monday.
That motion said the second tranche of federal funding due to states should be available on or about Oct. 1.
Dive Awards
