LAS VEGAS (KTNV) — Nevada is one of two dozen states who are suing the Department of Education and claiming that over $6 billion in education funding was unlawfully frozen.
Federal aid for schools is typically allocated every year on July 1. However, on June 30, the Department of Education sent an email to state officials, which reads:
"Given the change in Administrations, the Department is reviewing the FY 2025 funding for the [Title I-C, II-A, III-A, IV-A, IV-B] grant program (s), and decisions have not yet been made concerning submissions and awards for this upcoming academic year.
Accordingly, the Department will not be issuing Grand Award Notifications obligating funds for these programs on July 1 prior to completing that review. The Department remains committed to ensuring taxpayer resources are spent in accordance with the President's priorities and the Department's statutory responsibilities."
According to the lawsuit, the affected programs include:
- Programs for English learners and children of migratory workers
- Programs that promote and enhance effective classroom instruction
- Improve school conditions
- Improve the use of technology in the classroom
- Programs that establish and expand community learning centers
- After-school programs
Office of Management and Budget officials previously told ABC News that many of the programs "grossly misused" government funds to promote a "radical leftwing agenda."
WATCH: States sue Trump admin over frozen educational funding
The attorneys general state by pausing the funds, it violates the U.S. Constitution due to the separation of powers doctrine and the Presentment Clause. That basically means Congress has the power to green light or halt funding, not the president.
They also claim this violates the Impoundment Control Act of 1974. According to the U.S. Government Accountability Office, the law requires the president to report any withholdings to Congress, who then considers and reviews executive branch withholdings of budget authority.
With planning underway for the 2025-2026 school year, the lawsuit also claims school district across the country are now being thrown into "chaos".
"The budgets for many local educational agencies (LEAs) have already been approved and staffing plans have been developed so that LEAs can perform their responsibilities for the Impacted Programs," the lawsuit reads in part. "Now, as a result of Defendants' actions, Plaintiff States find themselves in the position of being unable to fulfill these commitments."
Some of the educational agencies being affected include the Clark County School District and the Washoe County School District. When looking at estimates from the National Education Association, Nevada is set to lose an estimated $61.3 million, if the funding isn't reinstated. You can see that breakdown below.
"They didn't get money on July 1 and they didn't hear from the federal government until July 7, which were already properly allocated were not going to be forthcoming," Nevada Attorney General Aaron Ford told us. "It's another example of a policy with which I disagree but it violates the law and that's why we're in court right now."
For Ford, this issue is personal because he said he went through similar after-school programs when he was a student. He is also a former teacher.
"The federal government funded a program called Project Upward Bound that enabled me, while I was in high school, to get the extra assistance I needed to matriculate into college and go on to get not one but five degrees," Ford said. "I was a school teacher. I know what it's like to have students who are hungry or don't have the resources they need in order to be able to accomplish the goals that are necessary for them to achieve the next stage in life so I do take that personal."
We reached out to the Clark County School District to see how this will impact school programs or if there have been any changes on their end since the lawsuit was announced. As of Monday afternoon, we have not heard back.
However, CCSD Superintendent Jhone Ebert sent us the following statement last week, when the funding freeze was first announced.
"The timing of the U.S. Department of Education’s decision to withhold funding for several important programs is unfortunate. While the funds were appropriated by Congress in March, the decision to hold the funds was announced one day before the money was set to be utilized. Also, this decision comes when we are close to the beginning of the upcoming school year.
“These particular grants provide services to some of our most vulnerable students, this includes after-school opportunities, English Learner supports, and other academic enrichment programs.
“CCSD is in touch with our federal delegation, state leaders, and the Nevada Department of Education to determine the next steps.”
WATCH: $6 billion federal school funding freeze hits CCSD
