A lawsuit filed in Seattle on Monday by Washington Attorney General Bob Ferguson is challenging what it describes as an “unlawful” rule change from the U.S. Department of Education.
The lawsuit challenges a department rule change in June allowing school districts to distribute emergency relief funds for Washington’s public elementary and secondary schools without congressional approval.
The CARES Act dedicated over $13 billion to aid public and private schools with low-income families to purchase personal protective equipment, cleaning supplies, online teaching equipment, and meal programs.
Washington is slated to receive roughly $216 million in CARES Act funds for elementary and secondary schools.
The department’s rule change enables school districts to either allocate funds by total student population or by Title 1 status which recognizes high enrollment by students from low-income families.
Ferguson argues that the rule could allow districts to withhold money from poorer students contrary to the stipulations outlined in the CARES Act.
“Betsy DeVos is unlawfully trying to funnel much-needed relief funds away from Washington’s most vulnerable public school students and give them to private schools,” Ferguson said. “Low-income families have been hit hard by this pandemic. This lawsuit will ensure the funds go where Congress intended them.”
Ferguson argues that the department’s rule violates Article I of the U.S. Constitution, which places the “power of the purse” squarely in the hands of Congress.
The rule violates the public disclosure requirements of the Administrative Procedure Act, allowing for a public comment period and explanation before enactment, according to Ferguson.
The Washington Attorney General’s office fought a Department of Education decision back in May concerning CARES Act funding for Washington college students.
A Spokane federal judge granted Ferguson’s motion for a preliminary injunct
