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At the same time, public schools are being asked to do more with less, such as ensuring children continue to learn during school closures, have access to technology, and receive nutrition and social and emotional supports 鈥撎齛ll with insufficient guidance and support from the federal government.

Public schools serve the vast majority of children across the country, and they need our support 鈥� and the support of all levels of our government 鈥� now more than ever. They must be equipped with the resources to eliminate educational inequities and support children and families disproportionately affected by COVID-19.

But instead of marshaling support for our nation鈥檚 public schools, Secretary of Education Betsy DeVos is using this national crisis as an excuse to further her political agenda in favor of private schools, robbing public schools of desperately needed COVID-19 aid. DeVos鈥� Department of Education has directed school districts to share their coronavirus relief money with local private schools at much higher levels than the law allows, while听听from educators, lawmakers and听.

Today, the NAACP, public school families and school districts听听seeking to block DeVos鈥� illegal rule and keep public money in public schools. The plaintiffs are represented by听听partners Munger, Tolles & Olson, LLP, the Southern Poverty Law Center, and Education Law Center.

Education policy is complicated, and it鈥檚 in DeVos鈥� interest to keep her harmful mandate shrouded in confusing language. So, in simple terms, what鈥檚 the issue with DeVos and the Department of Education鈥檚 new rule? In short, it forces school districts to comply with one of two illegal options in spending their share of the $13.5 billion in emergency relief for education that Congress included in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), passed in March. Here鈥檚 how:鈥�

• The CARES Act requires districts to apportion funds for private school services 鈥渋n the same manner鈥� as Title I of the Elementary and Secondary Education Act (ESEA) 鈥� the country鈥檚 primary piece of federal education legislation. Under the ESEA, school districts that receive Title I funding (money for schools serving students from low-income families) are required to reserve a certain amount of that money to provide 鈥渆quitable services鈥� to students in local private schools.
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• This amount is calculated based on the number of local private school students who come from low-income families. For example, if there were 100 students who live in a school district鈥檚 service area attending private schools, but only 10 of those students were from low-income families, the district would calculate the amount of funding to reserve based on those 10 students, not the 100 total private school students.

But DeVos鈥� new rule mandates that districts either:

• Allocate CARES Act funds for private school students based on听all听students enrolled in private school, which includes students from affluent families 鈥� diverting significant funding away from public schools; or
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• Allocate these funds based on the number of students from low-income families at private schools (the same as under ESEA), but face severe restrictions on how the rest of the district鈥檚 CARES Act funds can be used. For example, districts choosing this option would be prohibited from using these funds to serve听any听students who do not attend Title I schools, even students from low-income families. At a time when many districts are facing huge budget cuts, this听听could prove devastating.

Both of these options violate the clear language and intent of the CARES Act.

Public schools play an essential role in the lives of families and communities 鈥� and this has been clearer than ever during the pandemic. These schools now need more, not fewer, resources. DeVos鈥� political agenda of funneling taxpayer dollars to private schools must be stopped. Today鈥檚 lawsuit is the first step to holding DeVos and her Department of Education accountable.

You can read more about the lawsuit听,听or read the full complaint听.

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