Challenges to ESSER Formula; Two More Lawsuits
For the second time, WCRIS is helping defend the ability of religious and independent schools to fully access the federal ESSER funds provided by Congress for pandemic relief.
Thanks to the Wisconsin Institute for Law & LIberty (WILL), an amicus brief signed by 38 nonpublic school groups, including WCRIS, was filed Wednesday (8/5) in the newest lawsuit. The suit was filed recently in Washington state. While more narrowly focused, it could have national implications, according to the attorneys at WILL.
Nonpublic school advocacy groups nationwide support the U.S. Department of Education’s rule in the apportionment of ESSER funds. But that rule is being challenged in three different court jurisdictions around the country.
The largest one (with the most plaintiffs) is Michigan v. DeVos and WCRIS signed onto an amicus brief filed by WILL last week (7/29). The State of Washington filed a separate case, and the NAACP, two school districts, and some parents filed a third in the D.C. District Court.
When will this get resolved? WILL reports that in the Michigan v. DeVos case, the court scheduled a hearing on a preliminary injunction motion for August 18. They expect the court will rule either at that hearing or shortly thereafter, and then the losing side will have a right to appeal, most likely on an expedited basis.
In the Washington case, the preliminary injunction hearing is set for August 10. There’s a good chance the cases will get consolidated with the DeVos case.
Stay tuned to Current Events for updates.
