(The Center Square) – Washington Attorney General Nick Brown and 15 other state attorneys general have filed a lawsuit against the U.S. Department of Education, alleging it cut funding for K-12 mental health programs established by Congress.
In April, the federal agency announced a $1 billion cut to mental health funding, citing concerns about diversity, equity and inclusion – or DEI – initiatives embedded in the contracts.
The lawsuit, filed late Monday in federal court in Washington state, claims the funding cuts violate the Administrative Procedure Act and the Constitution.
The funding provided by Congress was appropriated after the mass school shooting in Uvalde, Texas, in which 19 students and two teachers were shot and killed.
“Congress provided $1 billion in order to permanently bring 14,000 mental health professionals into the schools that needed it the most,” a news release from the Washington AGO said. “The programs have delivered. According to the National Association of School Psychologists (NASP), grantees served nearly 775,000 students and hired nearly 1,300 school mental health professionals during the first year of funding.”
These proposed cuts could be devastating, according to Brown.
“School-based mental health programs can be a literal life saver for our students,” he said in the news release. “The Department of Education’s decision threatens the safety and well-being of our youth.”
California Attorney General Rob Bonta echoed that sentiment.
“These mental health programs were established by Congress following a wave of tragic and unacceptable school shootings, and they do critical work to ensure students can not only succeed but thrive,” he said in a news release. “The loss of this funding would cause immense harm to California students, especially in our low-income and rural communities. The California Department of Justice will not stand idly by – we’re once again taking the Trump Administration to court, this time to protect the mental health and well-being of our students.”
Washington State Rep. Skyler Rude, R-Walla Walla, the ranking member on the House Education Committee, spoke with The Center Square on Tuesday about the lawsuit.
“If Congress has directed this spending and then the executive branch, in violation of the law, is saying we’re not going to do this, that’s one thing,” Rude said. “But if Congress in the law has given the executive branch discretion to spend or not spend these dollars, then that would be another situation, so I hope that the judicial branch impartially decides whether this action is legal or illegal when it comes to the policy.”
The lawmaker hasn’t been enamored with the state’s recent handling of student mental health issues.
“The state of Washington has contributed to mental health problems for students. Going back to COVID shutdowns, I don’t think that was good for student mental health and we have major disciplinary issues in schools, and I think it’s probably also contributing to mental health issues when you have violence in classrooms, and teachers aren’t well equipped to handle those because of laws that the Legislature has passed,” Rude said. “So, I think the mental health issues in general are becoming more and more important as we’re seeing those issues exacerbate in part due to action by the state.”
The National Association of School Psychologists responded to a request for comment about the proposed cuts.
“As we face a national shortage of school psychologists and other school mental health professionals, we must bring all our resources to bear to tackle this challenge and support our youth,” Dr. Eric Rossen, NASP Executive Director, emailed The Center Square. “The Department of Education’s decision to terminate these grant programs disrupts impactful efforts to bolster our school mental health workforce. With student mental health needs rising and schools struggling to fill vacant positions, we must reinstate these programs – which have already been funded by Congress with bipartisan support – to ensure our children have access to the supports they need to thrive.”
Other states involved in the lawsuit include Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, New Mexico, New York, Nevada, Oregon, Rhode Island and Wisconsin.
