Democratic State Attorneys General Sue to Restore COVID-Related Programs for K-12 Students

The states say they had planned on the funding and are now dealing with major budget shortfalls because of the policy change.
Democratic State Attorneys General Sue to Restore COVID-Related Programs for K-12 Students
New York Attorney General Letitia James makes an announcement on March 14, 2025. Oliver Mantyk/The Epoch Times
Jacob Burg
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A group of 16 Democratic state attorneys general and a governor sued the Trump administration on April 10, attempting to stop it from ending more than $1.1 billion in funding meant to address the long-term impacts of the COVID-19 pandemic on K–12 students.

Filed in Manhattan federal court, the lawsuit is in response to the Education Department’s March 28 announcement that states could no longer utilize funds under programs implemented by a Biden-era pandemic relief law. Previously, the agency said the funds would be accessible through March 2026.

The states suing said they had planned on the funding and are now dealing with major budget shortfalls because of the agency’s policy change, the lawsuit states.

They said the funding was earmarked for facility upgrades, offering tutoring to students who fell behind during the COVID-19 pandemic, and feeding homeless students.

“The Trump administration’s latest attack on our schools will hurt our most vulnerable students and make it harder for them to thrive,” said New York Attorney General Letitia James, who was one of the plaintiffs bringing the lawsuit. “Cutting school systems’ access to vital resources that our students and teachers rely on is outrageous and illegal.”

She was joined by attorneys general from states including California, Illinois, Massachusetts, Michigan, Minnesota, and the District of Columbia. Pennsylvania Gov. Josh Shapiro was an additional plaintiff.

The group alleges that the Trump administration’s reversal on allowing access to the funds violated procedures necessary by the Administrative Procedures Act. They are asking the court to issue an order vacating the Education Department’s termination of funds and reinstating its previous policy, allowing the states to access the funds through March of next year.

In a statement provided to The Epoch Times, the Education Department said, “COVID is over.”

“States and school districts can no longer claim they are spending their emergency pandemic funds on ‘COVID relief’ when there are numerous documented examples of abuse and misuse,” the department said.

“The Department established a process to consider funding extension requests on a project-specific basis where it can be demonstrated that funds are being used directly [to] mitigate the effects of COVID-19 on student learning. If the states suing were using these funds to remediate learning loss and support students, there would be no need for this lawsuit.”

President Donald Trump has said education authority should be returned to the states and parents should decide what’s best for their children. He signed an executive order last month directing his administration to hasten the process of dismantling the Education Department, which requires congressional approval.

California Attorney General Rob Bonta, a plaintiff in Thursday’s lawsuit, accused Trump of “throwing our schools into turmoil and jeopardizing the academic success of a generation of American children” by moving to dismantle the Education Department.

“I’m taking the President to court for the 13th time to help ensure our kids get the educational opportunities they deserve,” Bonta wrote in a statement.

Numerous groups have filed lawsuits challenging the administration’s sweeping cuts, arguing it is revoking congressionally appropriated contracts and grants without first getting input from the legislative branch.

Reuters contributed to this report.
Jacob Burg
Jacob Burg
Author
Jacob Burg reports on national politics, aerospace, and aviation for The Epoch Times. He previously covered sports, regional politics, and breaking news for the Sarasota Herald Tribune.