Capitol News

A federal judge has blocked an attempt by the U.S. Department of Education to cut funding for K-12 mental health programs, following a lawsuit filed by 16 state attorneys general, including Michigan Attorney General Dana Nessel. The preliminary injunction was issued on October 27 by U.S. District Court Judge Kymberly Evanson, who found that the Department acted in an arbitrary and capricious manner, potentially violating the Administrative Procedure Act. The court's order is limited to grantees who submitted statements about how the cuts would harm them.

The funding in question was approved by Congress as part of a bipartisan response to the mass school shooting in Uvalde, Texas, which resulted in the deaths of 19 students and two teachers. Congress allocated $1 billion for mental health support in schools after this event. According to data from the National Association of School Psychologists (NASP), nearly 775,000 students received services and almost 1,300 school mental health professionals were hired during the first year of funding. NASP also reported significant benefits such as reduced suicide risk at high-need schools, lower absenteeism and behavioral issues, and improved student-staff engagement.

In April, the Department of Education notified grant recipients that their grants conflicted with Trump Administration priorities and would be discontinued. In Michigan, this affected organizations like the Michigan Department of Education (MDE) and Grand Valley State University (GVSU), resulting in approximately $5 million in lost expected funding. These grants were intended to increase access to mental health professionals in schools—a critical need given existing shortages across Michigan.

"Rescinding congressionally-approved funds – this time to address the mental health crisis in our schools – is illegal, and I am relieved that another Court has agreed," said Nessel. "This isn’t the first time the Trump Administration has tried to unlawfully cut funding authorized by Congress, and I’m sure it won’t be the last. My colleagues and I will continue to protect these vital resources and recover the billions of dollars that the Trump Administration has tried to illegally withhold from our residents."

The lawsuit was filed in U.S. District Court for the Western District of Washington. The complaint alleges violations of both the Administrative Procedure Act and constitutional protections.

Other states joining Michigan in this legal action include California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, New Mexico, New York, Nevada, Oregon, Rhode Island, Washington, and Wisconsin.