Washington State Challenges U.S. Department Of Education


Attorney General Bob Ferguson today challenged a U.S. Department of Education decision that deprives thousands of Washington college students from receiving critical aid included in the Coronavirus Aid, Relief & Economic Security (CARES) Act.

Under its Higher Education Emergency Relief Fund, the CARES Act appropriated more than $12 billion to higher education institutions across the nation to prevent, prepare for and respond to the COVID-19 pandemic. The CARES Act required that at least 50 percent of the funds be disbursed to students as emergency grants for expenses related to the disruption of campus operations.

On April 21, without congressional authorization, the Department of Education announced that only students who are eligible for federal financial aid may receive CARES Act grants. No such requirement is in the text of the CARES Act itself.

The Department of Education’s restriction excludes many students in need, including students without a high school degree, adult basic education students, students who have Deferred Action for Childhood Arrival (DACA) status and more.

“Betsy DeVos is unlawfully trying to deny Dreamers and other Washington students the assistance they need — and that Congress intended,” Ferguson said.

“The pandemic has caused unprecedented disruption for all of Washington’s students without regard for the arbitrary, harmful lines the Department of Education has drawn,” Gov. Jay Inslee said. “Congress intended this aid to be distributed to all students struggling to cope with the COVID-19 emergency, not only those Betsy DeVos deems eligible for assistance. All higher education students in Washington state deserve to be part of our recovery.”

Ferguson’s lawsuit, filed in U.S. District Court for the Eastern District of Washington in Spokane, asserts that the department’s decision is unlawful and a violation of the Administrative Procedure Act, as well as Article I of the U.S. Constitution, which gives exclusive “power of the purse” to Congress.

Ferguson asserts that the department’s actions violated the Administrative Procedure Act because they exceeded the department’s statutory authority, lacked any reasoning or explanation and therefore were arbitrary and capricious, and were adopted without proper procedures.

Ferguson will also file a motion for a preliminary injunction today, asking a judge to immediately block the Department of Education’s restrictions on the grants. Once the motion is filed with the court, a link to the filing will be added to the online version of this press release, at www.atg.wa.gov.

Source: Washington State Attorney General