Michigan has taken a stand against the U.S. Department of Education, with Attorney General Dana Nessel leading the charge. In a recent turn of events, Nessel filed a lawsuit alongside a cohort of 15 other attorney generals against the Department of Education and Secretary Linda McMahon. The reason? As the Michigan Department of Attorney General reported, the Department took an alleged illegal action to rescind an extended deadline for using pandemic relief education funds.
The sudden policy reversal by the DOE was made public on March 28 when it was announced that the reimbursement request deadline for funds under the Coronavirus Response and Relief Supplemental Appropriations and American Rescue Plan would be moved up to the same day instead of the previously set March 2026 deadline. According to Nessel, this abrupt change left school districts relying on a clear, approved timeline in a lurch and potentially jeopardized essential projects to keep classrooms warm, ventilated, and safe for kids. Michigan schools faced immediate challenges, and over $25 million earmarked for education stabilization was suddenly inaccessible.
State Superintendent Dr. Michael F. Rice underscored the situation's urgency, emphasizing the federal government's legal breach and the consequent harm to schoolchildren. Dr. Pamela Pugh, president of the State Board of Education, bolstered these concerns with her professional perspective on the vital nature of the intended projects, particularly those improving air quality, which are now under threat because of the DOE's actions. These funds were already designated for important initiatives, such as building upgrades and necessary educational materials, with significant amounts allocated to school districts such as Battle Creek Public Schools and Benton Harbor Area Schools, among others.
The lawsuit accuses the DOE of several infractions under the Administrative Procedure Act. This includes the assumption, without legal justification, that funding was only relevant during the declared public health emergency and the failure to issue a reasoned explanation for the agency’s course reversal. It also points to the DOE's disregard for the substantial reliance interests of various educational bodies and the significant, if not outstanding, impact of cutting off access to funds without advance notice.
