A third lawsuit challenging the ESSER funding formula is underway, with WCRIS and allies nationwide joining the fight. The funding impact on Wisconsin Schools hangs in the balance.
On behalf of WCRIS, and its counterparts nationwide, the Wisconsin Institute for Law & Liberty (WILL) filed an amicus brief (Friend of the Court brief) in NAACP v. DeVos on August 24.
It’s the third legal challenge over the US Education Department’s (ED) interim rule about the pandemic funds provided by the federal CARES Act. WILL also recently filed amicus briefs in two related cases, Michigan v. DeVos and Washington v. DeVos.
On August 26, the court in Michigan v. DeVos issued its opinion, which found the ED rule invalid and granted a preliminary injunction. The injunction is only limited to the Plaintiff states and school districts. The court also blocked the ED in Washington v. DeVos.
The battle started In June when the USDE released the interim rules over how the CARES Act money was to be allocated and spent. Complaints quickly arose when the public school lobby learned it had to share the money equally with private schools. So the public school apologists sued, thus freezing the money. Every state reacted differently.
“Congress allocated critical funding to both public and private schools with the intent of helping schools reopen safely and serve their students,” said Libby Sobic, Director and Legal Counsel of Education Policy at WILL.
In response to the funding delays in Wisconsin, WCRIS worked with DPI to reach a compromise, which would allow the funds to start flowing. Read the full story here.
Stay tuned to Current Events for updates on the court cases, which will determine how the CARES Act funds (ESSER and GEER monies) are distributed.
