Colorado has joined 23 other states and Washington, D.C., in suing the Trump administration over its decision to freeze $6.8 billion in grant funding that helps school districts across the country operate after-school programs, train teachers and boost resources and support for kids with significant learning needs.
That money includes an estimated $80 million that would have flowed to Colorado school districts, which now face uncertainty about the level of staffing and programs they will be able to offer this next school year — about a month away for many districts.
Colorado is one of four states leading the lawsuit, according to Attorney General Phil Weiser. They filed the lawsuit Monday, naming the U.S. Department of Education, Education Secretary Linda McMahon, the U.S. Office of Management and Budget and its director, Russell Vought, as other defendants.
“This administration is undermining our future,” Weiser said Monday during a virtual news conference announcing the lawsuit alongside attorneys general from other states. “We are effectively eating our seed corn. There are few investments that make more sense than what the law here requires, which is to invest in our kids and their learning, embracing technology, supporting teachers, helping our public schools be as good as they can be.”
Weiser and attorneys general from California, Massachusetts and Rhode Island — the other states leading the lawsuit — repeatedly called the Trump administration’s suspension of the funds “unlawful” during the news conference, saying Congress already approved those dollars for schools and that only Congress has the power to make funding decisions.
Weiser also argued the withholding of dollars is “arbitrary.”
The U.S. Department of Education notified the Colorado Department of Education that the grant funding is under review while “ensuring taxpayer resources are spent in accordance with the President’s priorities and the Department’s statutory responsibilities.”
Attorneys general that have signed onto the lawsuit, along with the governors of Kentucky and Pennsylvania, are seeking a preliminary injunction to stop the funding freeze within days or weeks.
“President Trump and Department of Education Secretary Linda McMahon have dealt a debilitating blow to our schools, throwing them into chaos just weeks ahead of the first day of school for many districts,” California Attorney General Rob Bonta said during the news conference. “Already ongoing summer learning programs have been forced to shut down. Thoughtful, strategic budgets, staffing plans and contracts for the upcoming school year hang in the balance.”
Weiser highlighted some of the ways losing access to the funds will hurt Colorado students and schools. That funding would help schools blend technology and artificial intelligence into instruction and could support adults in learning how to read and understanding how government functions, Weiser said.
“I don’t want Colorado educational leaders scrambling the way that’s happening right now,” he said. “We can’t get this relief soon enough. It defies any understanding that we’re having to have this conversation, but we’re not afraid of this. We’re going to do the work.”
Gov. Jared Polis in an emailed statement said the federal government’s move to keep funds from schools is “absolutely absurd” and “devastating.”
“Colorado schools and families face enormous uncertainty as the Trump Administration continues to play politics, violate the law, and refuse to prioritize the needs of Americans and what is best for families,” Polis said in the statement. “We will continue to make sure that every student and educator has the resources they need to succeed.”
The lawsuit filed Monday marks the seventh lawsuit Colorado is part of targeting the U.S. Department of Education.