Attorney General Anthony G. Brown 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 provide essential funding 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) and the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA), which ED had previously determined the states could access through as late as March 2026. 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’s decision to cut this funding has thrown Maryland schools into turmoil and uncertainty and threatens valuable programs that help homeless and low-income students recover from the painful effects of the COVID-19 pandemic,” said Attorney General Brown. “This is a breathtakingly heartless action that threatens to change children’s futures for the worse, and our Office will not stand for it.” To combat the long-term effects of the COVID-19 pandemic, ARPA and CRRSAA funded three education-related programs to help support states’ school systems and direct more resources to the most vulnerable students. These three programs – Elementary and Secondary School Emergency Relief (ESSER), Emergency Assistance to Nonpublic Schools (EANS), and Homeless Children and Youth (HCY) – provide essential resources to help schools and students recover from missed classroom time and other negative effects of the pandemic. HCY funds, for example, are critical to support homeless youth in Maryland 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 homeless students.
The coalition asserts 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 afford the best possible education to K-12 students. The coalition argues that ED’s decision to abruptly cut off access to awarded funds violates the Administrative Procedure Act because ED reversed its prior extensions of time and instead terminated the states’ access to funds without a sufficient explanation and contrary to Congress’ intent. With this lawsuit, the coalition is seeking a preliminary and permanent court order to prevent ED from arbitrarily changing its position so the states can continue to access these essential funds. In filing this lawsuit, Attorney General Brown joins the attorneys general of Arizona, California, Delaware, the District of Columbia, Hawai‛i, Illinois, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, and Oregon, along with the Governor of Pennsylvania.
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