HARRISBURG — Gov. Josh Shapiro joined a multi-state lawsuit Monday against the Trump Administration, collectively challenging a freeze on more than $6 billion in public education funding, including $230 million due by law to Pennsylvania.
Pennsylvania joined 23 other states and Washington, D.C., in pursuing litigation filed in federal court. Defendants include U.S. Secretary of Education Linda McMahon, Russell Vought, director of the U.S. Office of Management and Budget and President Donald Trump himself.
The funds were authorized by Congress for six different educational programs dating to the 1990s and the 1960s. The funding includes support for before-school and after-school programming, teacher training and professional development, adult and family literacy programs, education for migrant children from farming families and education for students learning English as their second language.
The plaintiffs say the funding is available annually, is mandatory and is set by formula. Congress reauthorized the funding in March as part of the continuing resolution on federal spending and preliminary allocations were provided to state and subsequently local education agencies. The money is to be accessible by schools on July 1, but was frozen on June 30 with the only notice given by email that day.
“Defendants have violated constitutional provisions governing federal spending. It is Congress, not the Executive Branch, that possesses the power of the purse. The Constitution does not empower federal agencies to refuse to spend appropriations that were passed by both houses of Congress and signed into law, whether that be by the OMB or by ED. Yet that is exactly what Defendants are attempting to do here,” plaintiffs state in a petition for a court injunction.
The Washington Post previously reported that the Trump Administration is “investigating whether the funds have been used for purposes such as scholarships for undocumented immigrant students or teachings on LGBTQ topics.”
This week’s lawsuit marks at least the seventh court challenge since February that Shapiro, a Democrat, has entered in dispute of funding freezes or cuts pursued by the federal government, a reflection of Shapiro’s start-of-the-year pledge to challenge the administration’s policies and procedures when he believes it’s in the best interests of Pennsylvanians. Republican Attorney General Dave Sunday has not joined any of the litigation.
“Every Pennsylvania child deserves the freedom to chart their own course and the opportunity to succeed,” Shapiro said. “Once again, the Trump Administration is trying to take away dollars that were committed to Pennsylvania — this time from our schools. Today, I’m suing to force the Trump Administration to deliver the money our students and schools were promised and are owed — critical funds that school districts rely on to meet their budgets, train high-quality teachers, provide afterschool programs for kids, and so much more. Because if anyone tries to hurt students here in Pennsylvania, they’ll have to go through me.”
The governor’s office updated its breakdown of the estimated funding that’s been delayed:
Title I-C, supports education for migrant children — $11 million
Title II-A, supports professional development and related efforts to improve classroom education — $70 million
Title III-A, supports language instruction for English language learners — $20 million
Title IV-A, flexible funding for uses including STEM lessons, college and career counseling, school-based mental health services — $55 million
Title IV-B, funds 21st Century Community Learning Centers for before- and after-school programs — $54 million
Adult Education Basic Grants to States supports basic skills programs in adult education and literacy for boosting the workforce — $18.6 million
Integrated English Literacy and Civic Education Grants funds to provide programs for English literacy and civics education services in combination with education and training activities for adults — $2 million