Gov. Gretchen Whitmer and Attorney General Dana Nessel on Tuesday announced Michigan was spearheading a lawsuit against the U.S. Department of Education and Education Secretary Betsy DeVos over the distribution of funding under a federal coronavirus relief package.
The federal Coronavirus Aid, Relief, and Economic Security, or CARES, Act allocated $13 billion in emergency education funding to states to support school districts, according to a document from the U.S. House Committee on Education and Labor. The funding was allocated for things like sanitizing schools, purchasing educational technology and training teachers to use online tools.
But state officials say the guidance the U.S. Department of Education issued on how to actually distribute those funds runs contrary to the law and pushes money toward private schools.
“Unfortunately, this most recent action by Secretary DeVos is really just another example in a long history of an administration that uses any and every opportunity available to tip the scales in favor of private schools at the great expense of our public schools,” said Attorney General Dana Nessel at a press conference announcing the lawsuit Thursday.
Whitmer, who is coordinating with the Attorney General’s office and supporting the suit, said it was time to hold DeVos accountable.
“Students have missed out on graduations and proms and seeing their friends at school every day. They’ve done their part to protect one another... now it’s time for the federal government to do their part,” Whitmer said.
The state joined a lawsuit against a U.S. Department of education rule requiring local education authorities getting the money to either distribute the funds to public and private schools or pick between two to distribute it under Title I, which targets disadvantaged students, while still taking students at private schools into account.
U.S. Department of Education Press Secretary Angela Morabito said in a statement, “While the Department does not comment on pending litigation, the Secretary has said many times, this pandemic affected all students, and the CARES Act requires that funding should be used to help all students. There is no reasonable explanation for debating the use of federal funding to serve both public and private K-12 students when federal funding, including CARES Act funding, flows to both public and private higher education institutions.”
In a June 25 press release about the decision, DeVos said it decision provided equity.
“The CARES Act is a special, pandemic-related appropriation to benefit all American students, teachers, and families impacted by coronavirus,” said Secretary DeVos. “There is nothing in the law Congress passed that would allow districts to discriminate against children and teachers based on private school attendance and employment.”
But according to State Superintendent Michael Rice, the move diverted $16 million from Michigan public schools in favor of private ones.
“Any siphoning off of public school funds to nonpublic schools in unacceptable,” he said Tuesday.
The case, which four other states and the District of Columbia are also parties in, was filed in the U.S. District Court for the Northern District of California on Tuesday. Nessel said she would ask for a preliminary injunction, which would halt the rule’s implementation, within the next couple of weeks.
The move met with opposition from private school groups, including the Michigan Association of Nonpublic Schools.
“The announcement made today by Governor Whitmer, Attorney General Nessel and State Superintendent Rice was disappointing. The pandemic has impacted all students and their schools in Michigan. Congress intended CARES Act funding to serve all students, in both public and nonpublic schools alike,” said Executive Director Brian Broderick in a statement.
The Tri-County Alliance for Public Education was among the school groups supporting the governor’s actions.
“Schools across Michigan are facing billions of dollars in shortfalls, with the first day of school year now less than two months away. It’s critical that the limited resources that have been allocated to schools go where they’re intended and needed most - the classrooms of our public schools,” said Executive Director Robert McCann in a statement.
Note: This story has been updated with comment from the U.S. Department of Education.
PREVENTION TIPS
In addition to washing hands regularly and not touching your face, officials recommend practicing social distancing, assuming anyone may be carrying the virus.
Health officials say you should be staying at least 6 feet away from others and working from home, if possible.
Use disinfecting wipes or disinfecting spray cleaners on frequently-touched surfaces in your home (door handles, faucets, countertops) and carry hand sanitizer with you when you go into places like stores.
Michigan Gov. Gretchen Whitmer has also issued an executive order requiring people to wear face coverings over their mouth and nose while inside enclosed, public spaces.
Additional information is available at Michigan.gov/Coronavirus and CDC.gov/Coronavirus.
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