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More than 20 Democratic attorneys general on Monday announced they are suing the Trump administration over its abrupt decision to withhold roughly $6.8 billion in spending for K-12 programs, describing the freeze as both unconstitutional and “debilitating” to states just weeks ahead of a new school year.
The lawsuit, announced by California Attorney General Rob Bonta, comes just weeks after the Department of Education announced on June 30 that it would be pausing distribution of the federally approved grant money, which had been approved by Congress and was slated to be distributed just one day later, on July 1.
“The Department remains committed to ensuring taxpayer resources are spent in accordance with the President’s priorities and the Department’s statutory responsibilities,” the department said in a statement then, directing any questions to the Office of Management and Budget.
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The department did not immediately give a reason for the pause.
Speaking to reporters on a call on Monday, Democratic attorneys general from California, Rhode Island, Massachusetts, and Colorado highlighted the myriad ways in which the education freeze has injected chaos and uncertainty into public schools nationwide – keeping on ice important budget decisions for public school educators, at a time when they should be focused on hiring staff and getting ready for the year ahead.
Bonta argued the freeze has already been a “devastating blow” to state learning programs, including some migrant education centers and tutoring and adult literacy programs.
“It’s unconscionable, unlawful, and can’t go unchecked, and it won’t,” he said.
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They noted that some statewide education programs have already been forced to close their doors completely due to the loss of funds, and education officials have cited the uncertainty facing public schools in the longer term.
“Thoughtful, strategic budgets, staffing plans, and contracts for the upcoming school year hang in the balance,” as public schools race to adjust their budgets, Bonta said.
The group argued it is the latest in a string of unconstitutional efforts by the Trump administration to withhold federal funds approved by Congress, and, in their view, outside the reach of the administration.
The federal funding includes some $2 billion in grants to fund teachers’ continued development and education programs; millions of dollars in tutoring programs; $1 billion for academic enrichment grants for STEM and accelerated learning programs; and hundreds of millions of dollars to fund adult literacy programs nationwide.
Other programs, such as the 21st Century Community Learning Center, funnel money to states to fund roughly 10,000 after-school programs and summer school programs for students nationwide.
State leaders argued Monday that the freeze ordered by the Education Department is illegal, risking near- and long-term harm to students and educators.
“President Trump and Department of Education Secretary Linda McMahon have dealt a debilitating blow to our schools, throwing them into chaos just weeks ahead of the first day of school,” Bonta said.
More broadly, the attorneys general also argue that Trump’s spending freeze violates the Constitution and the Impoundment Control Act, since it froze the K-12 funding without reason, and without the prior notice or earlier steps required under the ICA.
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This lawsuit comes as Democratic-led states have filed a flurry of others aimed at blunting Trump’s executive orders and actions in the first six months of his second term.
To date, the Democratic attorneys general have filed 31 lawsuits against the Trump administration in the 25 weeks since he took office, as Bonta said on Monday. Eight lawsuits have been focused on cuts to education programs.
On Monday, Rhode Island Attorney General Peter Neronha likened the abrupt freeze on public education funding to a popular children’s cartoon.
“It is impossible for states to effectively budget for an upcoming school year through their Departments of Education and through our Departments of Education to our local communities, when the president takes the football away from us like Lucy in a Charlie Brown cartoon,” Neronha said.
“So when this happens, as it’s happened before, we’re going to bring actions, and frankly, we’re going to win.”
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