The Trump administration cutting off "essential education funding put some of...

The Trump administration cutting off "essential education funding put some of our most vulnerable students at risk of falling behind in school," New York Attorney General Letitia James said. Credit: Jeff Bachner

A federal judge has issued a preliminary injunction against the Trump administration, restoring nearly $1 billion in COVID-19-era education grants to New York, 15 other states and Washington, D.C.

The states had filed a lawsuit last month against the U.S. Department of Education after Secretary Linda McMahon canceled funding from three COVID-19 grant programs: Homeless Children and Youth (HCY), Elementary and Secondary School Emergency Relief (ESSER) and Emergency Assistance to Nonpublic Schools (EANS).

New York had been awarded $9.3 billion by the federal Education Department for districts statewide under the 2021 American Rescue Plan Act, according to the lawsuit. The funding had previously been extended to allow New York school districts to spend the remaining $134 million through March 2026, New York Attorney General Letitia James said in a news release announcing the injunction.

Judge Edgardo Ramos of the U.S. Southern District of New York approved the states’ request for a preliminary injunction Monday to prevent the liquidation of COVID-19 funds and immediately restore access to the money while the case continues in federal court.

"The Trump administration’s illegal decision to cut off essential education funding put some of our most vulnerable students at risk of falling behind in school," James said in a statement Tuesday. "This is a major win for our students and teachers who are counting on this funding to help them succeed. I will continue to defend New York’s schools and ensure they get the resources they need to provide a quality education to everyone."

McMahon wrote in a March 28 letter to state education leaders that the Department of Education was immediately ending all programs under the American Rescue Plan Act and the Coronavirus Preparedness and Response Supplemental Appropriations Act. McMahon cited a regulation that "a federal award recipient must liquidate all obligations no later than 120 calendar days after the conclusion of the award," with certain justified extensions.

"The Department of Education previously granted a discretionary extension of the period of liquidation," McMahon wrote. "But the Department has reconsidered your request. ... Extending deadlines for COVID-related grants, which are in fact taxpayer funds, years after the COVID pandemic ended is not consistent with the Department’s priorities."

The remaining grant money for New York was planned for repairs to school ventilation systems and programs such as tutoring and mental health counseling to address learning gaps from the pandemic, according to the lawsuit. It also included classroom upgrades, wheelchair accessible buses, library books, playground equipment and food, classroom supplies and field trips for homeless youth.

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