Oregon Attorney General Dan Rayfield alongside a coalition of 20 other attorneys general sued the Trump Administration today over its unconstitutional, unlawful, and arbitrary decision to freeze funding for six longstanding programs administered by the U.S. Department of Education just weeks before the school year in many parts of Oregon is set to start. Without this funding, many educational programs will shutter.

The attorneys general argue that the funding freeze violates the federal funding statutes and regulations authorizing these critical programs and appropriating funds for them, violates federal statutes governing the federal budgeting process, including the Antideficiency Act and Impoundment Control Act, and violates the constitutional separation of powers doctrine and the Presentment Clause. They ask the court for declaratory and injunctive relief.

“Oregon’s students shouldn’t pay the price for political games,” said Attorney General Rayfield. “This money helps support everything from special education to school meals to after-school programs – things that make a real difference in kids’ lives. Cutting these programs doesn’t just hurt schools – it hurts families and communities.”

For decades, Oregon and other states have used funding under these programs to carry out a broad range of programs and services, including educational programs for migratory children and English learners; programs that promote effective classroom instruction, improve school conditions and the use of technology in the classroom; community learning centers that offer students a broad range of opportunities for academic and extracurricular enrichment; and adult education and workforce development efforts.

Each year, the Department of Education makes around 25% of the funds for these programs available to states on or about July 1 in order to permit state and local educational agencies to plan their budgets for the academic year ahead. The States have complied with the funding conditions set forth under the law and have State plans that the Department of Education has already approved.

The States have received these funds, without incident, for decades, including as recently as last year. However, this year, on June 30, state agencies across the country received a notification announcing that the Department of Education would not be “obligating funds for” six formula funding programs on July 1. This funding freeze has immediately thrown into chaos plans for the upcoming academic year. Local education agencies have approved budgets, developed staffing plans, and signed contracts to provide vital educational services under these grants.