School districts sue Trump administration over $6 billion funding freeze

School districts sue Trump administration over $6 billion funding freezeNew Foto - School districts sue Trump administration over $6 billion funding freeze

A coalition of school districts -- including Alaska's largest school district -- and advocacy groups has sued President Donald Trump's administration over the $6 billion funding freeze to congressionally appropriated education programs. The news comes just days after nine Republican senators and Alaska Sen. Lisa Murkowski conducted a rare rebuke of President Donald Trump's education policies, urging the Office of Management and Budget (OMB) Director Russ Vought to reverse the decision to withhold aid for key programs, such as English language acquisition, teacher development and student support. OMB told ABC News in a statement that many of the programs "grossly misused" government funds to promote a "radical leftwing agenda." However, the GOP senators' letter said the decision to pause this funding was "contrary to President Trump's goal of returning K-12 education to the states," and they didn't believe any leftwing agenda programs were being administered in their states. MORE: Trump administration unfreezes $1B in after-school funding: Source Within 48 hours, the Trump administration hadunfrozen more than a billion dollarsfor critical after-school and summer education programming nationwide, a senior administration official told ABC News. Murkowski celebrated the initial funding release but noted it doesn't go far enough. "The pause of these funds caused great concern for families across the nation, and I am relieved to know that our young people will have enriching opportunities to stay engaged outside of the classroom," Murkowski wrote in a statement to ABC News. "While this news is welcome, it is frustrating that many additional funds Alaska school districts are relying on from the Department of Education remain in limbo," she said. ABC News has reached out to the Trump administration for additional comment. A pause on the total $6 billion funding happened on July 1, when federal aid for schools is typically allocated each year. However, states were notified on June 30 that an ongoing programmatic review of education funding would occur, according to a Department of Education memo sent to Congress, obtained by ABC News. School districts and programs have been concerned that programs and staff could be eliminated if funding isn't restored. The case, Anchorage School District et al. v. Department of Education et al., is led by multiple Alaska school districts and affiliates of the American Federation of Teachers. In it, the plaintiffs argue that the administration's recent actions violate the Administrative Procedure Act, the Impoundment Control Act, and the constitutional separation of powers. The Impoundment Control Act of 1974 says Congress must consider and review executive branch withholdings of budget authority, according to the U.S. Government Accountability Office. The GAO website says the Administrative Procedure Act prescribes the minimum procedural steps an agency must follow in its administrative proceedings. The school districts' suit was filed in the U.S. District Court of Rhode Island. It comes in the wake of two dozen state attorneys general and Democratic governors suing the administration for withholding education funding using the same claims. "It's against the Constitution," North Carolina Attorney General Jeff Jackson, one of the AGs involved in the suit, told ABC News. "It's against the Impoundment Act. From a legal standpoint, this is not a hard case," he added. AFT President Randi Weingarten called the freeze an attempt to "lawlessly" defund education through rampant government overreach. MORE: Harvard asks judge to block Trump administration from withholding federal funds "It's not only morally repugnant: the administration lacks the legal right to sacrifice kids' futures at the altar of ideology," Weingarten wrote in a statement to ABC News. "The Department of Education is holding hostage billions of dollars from American communities," according to Skye Perryman, President and CEO of Democracy Forward -- a public education advocacy nonprofit representing the plaintiffs. "This is an unconstitutional and unlawful power grab that puts extreme agendas over the well-being of students and denies communities the educational resources that Congress intended them to have," Perryman added in a statement to ABC News. Earlier this month, the Anchorage School District announced in a letter to the community that the district had already begun laying off some staff members after $46 million was impacted by the pause. The district receives about a third of the state's federal education funds, according to Superintendent Jharrett Bryantt. Several state education leaders who've spoken to ABC News say that they're scrambling to prevent immediate harm to students as the school year approaches. OMB has not given a timeline for when the programmatic review for the other education programs will be completed. Meanwhile, Rhode Island Department of Education Commissioner Angélica Infante-Green applauded the Republican efforts to reverse the funding pause, stressing this is not a political issue. "We are one United States of America," Infante-Green told ABC News. "These dollars are important to every single student in every single state. This is what we need," she said. "We need people to speak up. We need people to be brave, to have the conversation and advocate for our kids, to put politics aside and make this one of their number one issues."

 

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