Judge Orders U.S. Department of Education to Unwind Unlawful Cancellation of School Mental Health Grants

LANSING – The U.S. Department of Education acted unlawfully by abruptly discontinuing previously approved grants to fund mental health professionals in K-12 schools, a federal judge ruled in a lawsuit filed by Attorney General Nessel and 15 other attorneys general. The states succeeded in arguing that the Department acted illegally when it told grantees it would discontinue the mental health program grants because they conflicted with the Trump administration’s new priorities. U.S. District Court Judge Kymberly Evanson of the Western District of Washington granted the states’ summary judgment motion and ordered the two sides to meet and agree on a timeline for the Department to make lawful continuation decisions.

In the wake of devastating school shootings, members of Congress from both parties came together to appropriate $1 billion to permanently bring 14,000 mental health professionals into U.S. schools most in need, especially in low-income and rural communities. The programs have been a success—providing mental and behavioral health services to nearly 775,000 K-12 students nationwide in the first year and reducing wait times for students to receive help.

“The mental health of our students is so important, and I am relieved the Court has ruled that this administration must follow the rule of law and deliver these funds to our schools,” Nessel said. “Through lawsuits like this one, my office has been able to preserve more than $2 billion in federal funding for Michigan residents, and we will continue to challenge unlawful federal actions to ensure that critical resources remain available to those who rely on them.”

The Department of Education awarded grants spanning a five-year project period, with yearly decisions made on whether to continue each grant’s funding. As required by its regulations, the Department considered the grantee’s performance when deciding whether to continue funding.

But on April 29, the Department of Education abruptly sent boilerplate notices to grantees saying their grants no longer aligned with the Trump administration’s priorities and would be discontinued. On June 30, the states filed a lawsuit challenging that action, saying the Department’s actions were arbitrary and capricious, violating the Administrative Procedure Act (APA).

Judge Evanson agreed with the plaintiff states that the Department violated the APA.

“Nothing in the existing regulatory scheme comports with the Department’s view that multi-year grants may be discontinued whenever the political will to do so arises,” Evanson wrote.

Her order comes after a three-judge Ninth Circuit Court of Appeals panel on Dec. 2 rejected the Department of Education’s request for a stay of Judge Evanson’s preliminary injunction issued in October.

A copy of the order granting the states’ motion for partial summary judgment is available here (PDF). A copy of the appeals court’s order denying the Department’s request for a stay is available here (PDF).

Joining Attorney General Nessel in filing the lawsuit were the attorneys general of California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Nevada, New Mexico, New York, Oregon, Rhode Island, Washington, and Wisconsin.

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