FOR IMMEDIATE RELEASE
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BALTIMORE, MD – Attorney General Anthony G. Brown today joined a coalition of 25 states in suing the Trump administration 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 is set to start. Without this funding, many educational programs will shutter—already, ongoing summer learning programs have been left unfunded. The attorneys general argue that the funding freeze violates the federal statutes and regulations authorizing these critical programs and appropriating funds for them, violates laws 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.
“This reckless funding freeze is directly harming Maryland’s students by taking more than $110 million from Maryland K–12 schools and adult education programs, which has jeopardized teacher training, thrown essential special needs services into chaos, and left families scrambling to find childcare before the start of a new school year,” said Attorney General Brown. “Maryland's students are not pawns in political games over government spending—they need and deserve the educational resources that the Trump administration is threatening to cancel.”
For decades, Maryland 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.
Pursuant to federal statutory and regulatory requirements, each year the Department of Education makes around 25% of the funds for these programs available to states on or about July 1 so that state and local educational agencies can plan their budgets for the academic year ahead. Maryland and the other Plaintiff States have complied with the funding conditions set forth under the law and have State plans that the Department of Education has already approved. Maryland and the other Plaintiff 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. Maryland’s local education agencies and adult education programs have approved budgets, developed staffing plans, and signed contracts to provide vital educational services under these grants. Now, as a result of the Trump administration’s actions, Maryland and the other Plaintiff States find themselves without sufficient funding for these commitments, just weeks before the start of the 2025–2026 school year. Essential summer school and afterschool programs, which provide childcare to working parents of school age children, are already being impacted. The abrupt freeze is also wreaking havoc on key teacher training programs as well as programs that make school more accessible to children with special learning needs, such as English learners.
To take just one example, for Baltimore City Public Schools, the Trump administration froze slightly more than $11 million that was used to support 29 full-time equivalent positions, purchase instructional materials, and train educators. The loss of these funds threatens to disrupt, among other things, City Schools’ significant progress in expanding access to Advanced Placement coursework over the past 10 years.
The $110 million in funds that have been frozen for Maryland are formula funds automatically distributed among the States according to a specific formula provided by Congress. The Constitution does not afford the Executive Branch power to unilaterally refuse to spend this money based on an unspecified difference in “priorities.” Yet that is exactly what the Trump administration is attempting to do here.
In today’s lawsuit, Attorney General Brown and a coalition argue that the Trump administration’s actions violate federal funding statutes and Appropriations Act, Apportionment, the administrative Procedures Act and U.S. Constitution, including the separation of powers doctrine, equitable ultra vires, and the Presentment Clause. They asked the Court to declare the funding freeze unlawful—as courts have repeatedly done in other multistate cases—and block any attempts to withhold or delay this funding.
Attorney General Brown joins the attorneys general of California, Colorado, Massachusetts, Rhode Island, Arizona, Connecticut, Delaware, the District of Columbia, Hawai’i, Illinois, Maine, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Vermont, Washington, and Wisconsin in filing the lawsuit. Joining the coalition of attorneys general are the governors of Kentucky and Pennsylvania.
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