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Attorney General Nessel Joins Multistate Amicus Brief Defending School-Based Mental Health Services

LANSING — Michigan Attorney General Dana Nessel has joined a multistate coalition in filing an amicus brief (PDF) to support schools across the country facing the sudden announcement of impending loss of federal mental health funding. The brief is in support of a lawsuit brought by a school district in New Mexico that is challenging the U.S. Department of Education’s decision to terminate critical grants established under the Bipartisan Safer Communities Act. Filed in the U.S. District Court for the District of New Mexico, the amicus brief highlights the urgent need to preserve access to school-based mental health services — particularly in underserved and rural communities. 

“The Trump White House does not have the authority to strip hundreds of already-allocated mental health grants, especially when doing so would directly harm kids across the country,” Nessel said. “Whether it’s a school district in New Mexico or here in Michigan, every student deserves access to the mental health resources they need. I remain committed to fighting for these grants and standing up for the students who depend on them.”

At the heart of the brief is a warning about the real-world consequences of the Department of Education’s decision to terminate funding for school-based mental health programs. The affected initiatives — the School-Based Mental Health Services Grant Program and the Mental Health Service Professional Demonstration Grant Program — were created to place more licensed mental health professionals in schools and to build long-term, sustainable support systems for students. The coalition argues that eliminating these funds midstream not only disrupts care but also undermines years of targeted investments to improve school safety, mental health outcomes, and student success. 

Earlier this month, Attorney General Nessel also filed a lawsuit against the Department of Education for illegally cutting congressionally approved funding for mental health programs in K-12 schools. In Michigan, three recipients were affected: the Michigan Department of Education, Grand Valley State University, and the Lansing School District. These grants were specifically aimed at increasing the number of mental health professionals in educational settings, including school counselors, social workers, and psychiatrists. Like many states, Michigan is already facing a critical shortage of school-based mental health professionals. The Department’s non-continuation decision will worsen these shortages, leaving Michigan students with even less access to essential mental health support in schools.

The amicus brief argues that the Department’s action violates the Administrative Procedure Act, disregards federal grant regulations, and fails to consider the irreparable harm to students, especially in rural and underserved communities. 

In filing this brief, Attorney General Nessel is joined by the attorneys general of Delaware, Maine, Maryland, Minnesota, Oregon, Vermont, and Washington.

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