A coalition of public charter schools in Michigan and Ohio filed a federal lawsuit Monday against the Department of Education and Secretary Miguel Cardona over new regulations that critics say could force hundreds of charter schools to close.
The Michigan Association of Public School Academies and the Thomas Fordham Institute filed the joint lawsuit against the Department of Education in U.S. District Court for the Western District of Michigan, seeking to invalidate a newly enacted regulation that severely restricts eligibility for federal funding under the federal charter school program.
The rule was finalized last month after an abbreviated period of public comment and amid bipartisan opposition to the rule, which critics said would inevitably result in the closure of numerous public charter schools. The lawsuit claims that the regulation violates the Administrative Procedure Act by exceeding the department’s statutory authority and engaging in “arbitrary and capricious rulemaking.”
“The Department’s attack on the charter school program it is tasked with administering is unlawful,” the lawsuit says. “Not only does the Department lack the authority to issue any new criteria; the proposed factors will punish the most successful charter school programs, particularly in school districts that enroll large numbers of minority students.”
Miguel CardonaAmong the provisions in the new rule are requirements that applicants for federal charter school funding prove that local public schools have exceeded enrollment limits and that the local public schools approve of the new charter school.
The plaintiffs in the case are represented by the Pacific Legal Foundation. In a press release announcing the lawsuit, Dan Quisenberry, the president of Michigan’s Charter School Association, said that the new rule will “profoundly harm children who need the educational opportunities that charter schools provide.”
“Charter schools shouldn’t be punished just because traditional public schools — and the current administration — don’t like them,” Quisenberry said.
The lawsuit argues that the department and Cardona exceeded the authority established by Congress in the 2015 Expanding Opportunity Through Quality Charter Schools Act by adding new criteria for charter school program grant applicants.
“The statute does not include any delegation of authority for the Secretary to consider or implement new criteria or priorities,” the lawsuit says.
Caleb Kruckenberg, an attorney for the Pacific Legal Foundation, criticized the department for implementing the regulation.
“This attack on charter schools is not only deeply unfair to kids who would benefit from educational alternatives, it’s illegal. The Department of Education has no authority to issue these new rules,” he said. “The agency cannot advance a policy agenda contrary to Congress’ clear instructions otherwise.”
The lawsuit was cheered by Corey DeAngelis, a prominent school choice advocate and senior fellow at the American Federation for Children, who said the regulations “are just one more example why the Department of Education should be abolished” and amounted to a “kick back” to teachers unions.
“The Biden Administration waged war on parents with these charter school regulations,” he told the Washington Examiner. “The administration is protecting the teachers union monopoly at the expense of families — and using the heavy hand of the federal government to do so.”
The Department of Education said it does not comment on pending litigation.
