On Thursday, Maryland Attorney General Anthony G. Brown joined a coalition of attorneys general and the Governor of Pennsylvania in suing the United States Department of Education over its decision to deny states access to certain COVID-19 relief education funds, arguing the move was abrupt, harmful, and contrary to previous guidance.
According to a news release issued on Thursday, April 10, “Attorney General Anthony G. Brown today 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 informed states that it was unilaterally terminating 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 until March 2026. The ED’s abrupt shift in position and arbitrary termination of states’ access to these funds has created a major budget gap for state education departments and local school districts, causing serious harm to students across 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 address the long-term repercussions of the COVID-19 pandemic, ARPA and CRRSAA financed three education-related programs to assist states’ educational systems and devote greater resources to the most vulnerable pupils. These three programs, Elementary and Secondary School Emergency Relief (ESSER), Emergency Assistance to Nonpublic Schools (EANS), and Homeless Children and Youth (HCY), provide critical resources to assist schools and students in recovering from lost classroom time and other pandemic-related consequences.
HCY monies, for example, are crucial in supporting homeless students in Maryland schools. School districts rely on HCY subsidies to offer meals, personal care items, classroom equipment, field trip funding, and specialized training for instructors who engage with homeless adolescents.
The group claims that ED’s arbitrary and abrupt cessation of the states’ access to these monies is resulting in a significant, unforeseen budget imbalance that would harm kids and teachers by cutting off critical education services. If this important funding is not restored, states will be unable to provide essential public services, pay hundreds of public employees, or offer the greatest education for K-12 kids.
The alliance claims that ED’s decision to abruptly shut off access to awarded monies violates the Administrative Procedure Act since ED reversed its past extensions of time and instead terminated the states’ access to funds without providing an adequate explanation, contrary to Congress’ intent. With this lawsuit, the group seeks a preliminary and permanent court order to prevent ED from changing its position arbitrarily, allowing states to continue receiving these critical monies.
In launching this case, 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.”
