Attorney General Kris Mayes joined a coalition of 15 other attorneys general and the Governor of Pennsylvania in suing the Trump administration to restore states’ access to critical Department of Education (ED) programs that support low-income and unhoused students and provide funding for other services to address the long-term effects of the COVID-19 pandemic on K-12 students.
On March 28, ED notified states that it was unilaterally ending access to hundreds of millions of dollars in grants from the American Rescue Plan Act (ARPA), which ED had previously determined the states could access through March 2026. The ED’s sudden change in position and arbitrary termination of states’ access to these funds has created a massive budget gap for state education departments and local school districts that will cause serious harm to students throughout the country.“The Trump administration is engaged in a coordinated attack on students, families, and the entire education system,” said Attorney General Mayes. “First, they try to dismantle the Department of Education, then they pull the rug out from under Arizona schools by cutting off funds for public and private schools alike." To combat the long-term effects of the COVID-19 pandemic, ARPA funded three education-related programs to help support states’ school systems and direct more resources to the most vulnerable students.
These three programs – Homeless Children and Youth (HCY), Elementary and Secondary School Emergency Relief (ESSER), and Emergency Assistance to Nonpublic Schools (EANS) – provide essential resources to help public and private schools and students recover from the lasting impacts of the pandemic.These programs also support critical services to help vulnerable students reach their full potential and recover from missed classroom time and other negative effects of the pandemic. HCY funds are critical to support unhoused youth in Arizona schools. School systems count on HCY grants to provide food, personal care items, classroom supplies, field trip funding, and specialized training for teachers who work with unhoused students.Attorney General Mayes and the coalition assert that ED’s arbitrary and abrupt termination of the states’ access to these funds is causing a massive, unexpected budget gap that will hurt students and teachers by cutting off vital education services. If access to this critical funding is not restored, states will be unable to provide essential public services, pay hundreds of public employees, or provide quality education to K-12 students.
"These cuts will hit rural Arizona especially hard, where many schools have relied on these federal dollars to keep teachers in classrooms and students on track," continued Attorney General Mayes. "The Trump administration's reckless chaos and destruction will only hurt the kids who need help the most.”
Attorney General Mayes and the coalition argue that ED’s decision to abruptly cut off access to awarded funds violates the Administrative Procedure Act because it reversed its prior decision to allow states to access the funds through March 2026 and instead immediately terminated the states’ access without a sufficient explanation and contrary to Congress’ intent.With this lawsuit, Attorney General Mayes and the coalition are seeking a preliminary and permanent court order preventing ED from arbitrarily changing its position so the states can continue to access these essential funds.Joining Attorney General Mayes in filing this lawsuit are the attorneys general of California, Delaware, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, and the District of Columbia, along with the Governor of Pennsylvania.
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