A U.S. District Court judge in Massachusetts granted a temporary restraining order Monday halting the abrupt end of two federal grant programs totaling $600 million that support teacher training initiatives at higher education institutions and nonprofits across Colorado and the country.
Judge Myong J. Joun’s ruling grants the request of Colorado Attorney General Phil Weiser and attorneys general in seven other states after they sued the U.S. Department of Education as well as Education Secretary Linda McMahon and Denise Carter, former acting secretary of education and current acting chief operating officer of federal student aid. The attorneys general argued in the lawsuit — filed Thursday — that the immediate end to the two grant programs came with no advance notice nor any explanation from federal officials and therefore violated the Administrative Procedure Act.
The federal law requires agencies inform people about their decisions and reasoning for those decisions while also being open to feedback from the public.
Joun’s ruling means federal funding for the two programs, the Teacher Quality Partnership and the Supporting Effective Educator Development grant programs, will continue to reach higher education institutions and nonprofits that prepare future educators for classrooms as many districts struggle with teacher shortages.
At least for now.
“It’s reaffirming,” Weiser told The Colorado Sun. “When I looked at this case, I had the same reactions that the judge had, which is there’s no explanation at all. This is a drastic change in policy, which is going to harm Colorado and rural Colorado, and when you have a drastic change in policy, it’s egregious not to offer explanation.”
In his ruling, Joun wrote that the U.S. Department of Education did not include any reasons for terminating the two grant programs.
“The record reflects that there was no individualized analysis of any of the programs; rather, it appears that all TQP and SEED grants were simply terminated,” he writes.
Joun also sided with the plaintiffs in finding that denying teacher training programs federal grant funding will strain those programs and their staff members.
“Plaintiff States have adequately shown that they would be irreparably harmed if temporary relief were not granted,” he writes. “Here, there is ample evidence that the Department’s termination of all previously awarded TQP and SEED grants has already harmed, and will continue to harm, the programs and employees of those programs that rely on these grants.”
The judge also agreed the loss of grant funding “threatens the very existence” of the teacher pipeline programs implemented by the states that sued.
“There is no traditional remedy that can compensate Plaintiff States for the disruptions and discord resulting from the abrupt terminations of these grants,” he said in the ruling.
The order said halting the federal funds creates “a substantial risk” that states and their residents “will face a significant disruption” in critical public services, including health and education.
The temporary restraining order is in effect for 14 days. Other states part of the lawsuit are California, Massachusetts, New Jersey, Illinois, Maryland, New York and Wisconsin.
The states will next pursue a preliminary injunction, which would “provide a longer runway” to keep the grant programs intact so that they can continue benefitting teacher training programs across states, Weiser said.
“I don’t understand how and why the federal government is taking such lawless, harmful actions,” he said, “and it’s reassuring that the court sees this issue the same way we do. There’s clear irreparable harm. There’s lawless, unjustified action, and the federal government was just hoping we were going to take this lying down or not notice. That was not going to happen.”
Among the programs that will retain federal grant funding is The University of Colorado Denver’s Next Generation of Teacher Preparation program, or NxtGEN. A $6.5 million grant from the Teacher Quality Partnership has buoyed the program in training up educators in rural Colorado communities. About $2.8 million of that grant that the university has yet to spend was on the line when the federal education department decided to axe the Teacher Quality Partnership Feb. 7.
NxtGEN partners with four community colleges throughout rural Colorado — Otero College, Trinidad State College, Northeastern Junior College and Lamar Community College — and assists 57 rural school districts. The program focuses on finding, recruiting and training teachers who live in rural areas so they can earn their licenses and teach in their own community.
CU Denver officials estimated that losing grant funding immediately would put the careers of at least 50 new teachers hoping to work in rural schools in jeopardy.
Weiser said the temporary restraining order will prevent NxtGEN from being “gutted.”
“The 50 teachers who were going to serve rural communities are going to be able to do what they want to do,” he said, “and we’ll be able to support them in their important work.”