18 State Attorneys General Oppose Education Department's Policy Proposals, Cite Threats to Student Mental Health Services

In a collective move that underscores the growing concern for student mental health, 18 attorneys general have voiced their disapproval of the U.S. Department of Education's recent policy proposals. These proposed changes target the School-Based Mental Health Services Grant Program and the Mental Health Service Professional Demonstration Grant Program, which are critical in supporting mental health services in schools, especially those with high needs, according to a comment letter spearheaded by the Washington State Attorney General’s Office.

The multistate letter, obtained by the Washington State Attorney General's website, warns that the modifications would not only limit the role of school psychologists but also create unclear conditions for grant awards, making the bureaucratic process more cumbersome and conflicting with existing federal legal obligations that schools are subjected to, after touchstone tragedies like the shootings in Parkland and Uvalde compelled Congress to fund these programs through 2026, now they are facing potential restrictions that might impede their efficacy.

Washington's Attorney General Nick Brown sharply criticized the Department of Education's measures, noting, "These changes essentially say school counselors and social workers can’t support student mental health, a nonsensical approach that limits the tools we have to help kids succeed." Furthermore, Brown pointed out the potential marginalization of non-English speaking students and gender-diverse populations, countering the department's responsibility to foster an environment of safety and well-being for all students, according to the comment letter, according to the same release.

Joining Brown in opposition, the attorneys general from states including Arizona, California, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, New Jersey, New York, Oregon, and Rhode Island have co-signed the letter, representing a significant faction of legal authority challenging the education department's move, an action that follows an earlier lawsuit filed by Washington state, still in contention within the judicial system, suggesting these legal battles are far from reaching a conclusion.