LANSING, MI (WKZO AM/FM) — Tuesday, state officials announced a multi-state lawsuit against U.S. Education Secretary Betsy DeVos. The lawsuit is being filed over funding for private and public schools under the Coronavirus Aid, Relief and Economic Security (CARES) Act.
The lawsuit is headed by Michigan Attorney General Dana Nessel and California Attorney General Xavier Becerra, as well as six other attorneys general.
According to Nessel, a rule issued by DeVos would unfairly limit the ability of public schools to use federal funds provided by the CARES act. The rule, issued July 1, requires local education agencies (LEAs) to choose between two methods for allocating CARES Act funds (both of which contradict CARES Act requirements) rather than distributing the money based on Title I, Part A allocations as required in the Act.
DeVos’s rule also makes all private school students potentially eligible for equitable services funded by CARES Act money.
Where officials take issue with the rule is that public schools were supposed to receive funding assistance before private schools, which they say is not happening. In other words, public schools serving low-income students would receive less relief money, which would instead be diverted to their private school peers, even affluent students.
“On April 30, the secretary created a formula to distribute CARES Act funds inconsistent with the CARES Act and in a way that, in Michigan, would have diverted $16 million from public schools to nonpublic schools,” State Superintendent Dr. Michael Rice said. “Recently, the secretary manufactured a choice of formulas for local school districts to distribute CARES Act funds, a choice that doesn’t exist in the CARES Act, and one which could have the same effect – to divert $16 million from public schools to nonpublic schools. This is unacceptable, particularly in the midst of a pandemic and given a significant decline in state revenue.”
CARES Act money is designed to provide support to schools with low-income students, as it is to be allocated based on the amount of Title I funding each state and school district received in the most recent fiscal year.
“Secretary DeVos has decided to use this public health crisis as another opportunity to advance her personal privatization agenda. Instead of sending relief money to the students most in need as required under the CARES Act, she has abused the Department of Education’s rulemaking power to redirect money to private schools. At a time when Michigan schools are facing an unprecedented crisis, every single child deserves the chance to succeed. But, yet again, Secretary DeVos has decided to tip the scales in favor of private schools, leaving the State’s public-school students behind,” Attorney General Nessel said. “The Secretary of Education’s job is to lift up our public schools, not tear them down. Today I’m leading a coalition of six other states to fight DeVos in court and give a voice to our public schools.”
The CARES Act money distributed to LEAs is designated for 12 allowable purposes under the statute, most of them related to COVID-19, like personal protective equipment and technology for remote learning.
A portion of the funds must be allocated to private school students in the same manner as funds are apportioned to private school students under Title I. LEAs calculate Title I distributions to private school students based on the number of low-income children attending those schools in each district.
The U.S. Department of Education published an interim final rule on July 1 to “clarify” requirements for allocating CARES Act money to nonpublic schools.
Rather than allowing LEAs to follow the CARES Act’s requirements, the Department required LEAs to choose from two options – neither of which is specified in the CARES Act: distribute funds only to Title I-participating public schools and calculate a share for equitable services based on low-income enrollment but be subject to additional funding limitations, or distribute funds based on total student enrollment in public and private schools, regardless of student need.
“It’s clear that Betsy DeVos has the wrong priorities when it comes to protecting public education, and it’s time to hold her accountable,” Governor Whitmer said. “Our administration is committed to working with Attorney General Nessel to stand up for Michigan’s students, educators, and families to make sure our tax dollars are supporting public schools.”
Joining Nessel and Becerra on behalf of their states in filing this lawsuit are the attorneys general of the District of Columbia, Maine, New Mexico, and Wisconsin.
Nessel adds that a Complaint for Declaratory and Injunctive Relief in the U.S. District Court for the Northern District of California has been filed as of today.
