SEATTLE, WA – Washington State Attorney General Nick Brown is leading a coalition of 16 state attorneys general in a lawsuit against the U.S. Department of Education, challenging the agency’s decision to discontinue funding for K-12 school mental health programs. The suit, filed Monday in the U.S. District Court for the Western District of Washington, alleges the funding cuts are illegal and violate both federal law and the U.S. Constitution.
The Department of Education had previously awarded five-year grants under the Mental Health Service Professional Demonstration Grant Program and the School-Based Mental Health Services Grant Program. These programs were created to address shortages in school-based mental health services, particularly in low-income and rural districts, and were funded following the 2022 mass school shooting in Uvalde, Texas.
In April, the Department issued notices to several grantees stating their projects conflicted with new federal priorities and would not be renewed. These cuts could affect services in at least three educational service districts in Washington, impacting up to 90 school districts in the northwest region of the state.
“School-based mental health programs can be a literal life saver for our students,” Brown said. “The Department of Education’s decision threatens the safety and well-being of our youth.”
The lawsuit claims that the Department failed to follow proper procedures under the Administrative Procedure Act by providing only general, boilerplate justifications for the cuts, without evaluating the performance of the specific grant recipients. It also alleges that the Department’s decision contradicts its own regulations requiring grant continuation decisions to be based on grantee performance.
According to the National Association of School Psychologists, nearly 775,000 students were served and 1,300 mental health professionals hired in the first year of the programs. Sample data from grantees showed significant improvements, including a 50% reduction in suicide risk at high-need schools, along with better attendance and student engagement.
Joining Washington in the lawsuit are attorneys general from California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, New Mexico, New York, Nevada, Oregon, Rhode Island, and Wisconsin.
The coalition is seeking to have the Department’s funding termination declared unlawful and to block enforcement of the decision.
