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States Join in Lawsuit Against CARES Act Education Spending

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On July 7, five states across the country filed a joint lawsuit against the U.S. Department of Education, protesting the federal department's guidance requiring some CARES Act funding intended for public schools to be redirected to private schools.

States Sue Education Department Over Allocation Of Pandemic Funds To Schools (NPR)

I noted this guidance in an earlier post; the lawsuit contends that this guidance "is an unlawful interpretation of the CARES act, which allows private schools to get a disproportionate amount of Title I funds — traditionally reserved for low-income students.

"Although a portion of those funds are allocated to private schools to provide "equitable services" to students, the department's interpretation allows it to count all students for purposes of the funding formula instead of just those who qualify for Title I assistance, according to the lawsuit."

States Sue to Stop DeVos Rule on Virus Aid for Private School Students (Education Week)

This article delves a little further into the lawsuit language and provides links to coverage the Department of Education's initial guidance, revised interim rule, and the lawsuit.

States Sue US Department Over Virus Relief Funds for Schools (The New York Times)

From the article: "Rice said nonpublic schools in Michigan are entitled to $5.1 million under the relief law but would get $21.6 million under one of two options outlined under DeVos’ policy."

California sues Betsy DeVos over rule steering coronavirus aid to private schools (EdSource)

From the article: "Last month, DeVos retreated by issuing a new “interim final rule” that the new lawsuit would block. In it, DeVos gives states two options that she said would benefit “all American students, teachers, and families impacted by coronavirus.” Under one, states would use private schools’ total enrollment to determine its share of a district’s funding. The other option would fund only low-income private school students, while also restricting CARES Act funding to low-income Title I-designated public schools, not to all schools."

The CARES Act blog is intended to provide information and is accurate and true to the best of the author's knowledge. The author is not a legal, medical or financial professional and the information presented should not be considered advice and is for reference only. Lehigh Valley Public Media and its employees claim no liability for any actions taken by readers based on the information provided here.