AUSTIN (KXAN) -- The Texas American Federation of Teachers, along with 13 other school districts, teachers' unions, and nonprofit organizations, filed a lawsuit on Monday against the Trump administration for blocking billions of dollars in federal education funding.
With school districts across the country nearing the start of the school year, the lawsuit seeks to compel the U.S. Department of Education to release the funding that supports migratory children, English language learners, and professional development for educators.
“Our public schools do not have the luxury of being able to ‘wait and see’ if the funding they need comes through. Jobs rely on this funding, and families rely on it for vital services," Texas AFT President Zeph Capo said in a statement.
According to the Texas Education Agency, it received an email on June 30, a day before the funds were set to be obligated to states, that the U.S. Department of Education would not release the funds until it completed a review "ensuring taxpayer resources are spent in accordance with the President's priorities and the Department's statutory responsibilities."
The delay has left Texas school districts and the state without $667 million in federal funding, according to TEA officials.
According to the lawsuit, recipients learned last Friday that the Department of Education completed its review of the $1.3 billion in funding for 21st Century Community Learning Centers (21st CCLC), which are afterschool programs often utilized by students from high-poverty and low-performing schools. The message said the USDE intended to obligate the funds by July 21.
The lawsuit claimed that the same email, notifying recipients about CCLC, also noted that the U.S. Department of Education had not made any decisions on the other funds.
The White House and U.S. Department of Education have not responded to KXAN's questions about the funding or the lawsuit.
His school district is a rarity in Texas with a surplus — but it could changeThe lawsuit alleges that "because of the withholding of funds, school districts have had to cancel orders for new curriculum, delay critical teacher training, pause contracts for services for English language learners, or take other actions to avoid incurring expenses that they cannot afford to pay." The lawsuit also alleges that the USDE provided no legal authority or timetable for reviewing the funding and did not provide details on what elements were under review.
"[The Office of Management and Budget] subsequently made clear that it is playing a role in this delay, stating that the funds were being withheld to prevent them from promoting a “left-wing agenda,'" the lawsuit stated.
Austin Independent School District Superintendent Matias Segura told reporters that the delay means the district is without more than $9 million in federal funding. Segura held a meeting with more than 100 employees on Thursday who are directly impacted by the freeze.
According to Austin ISD officials, Supt. Segura informed the staff directly impacted that the district is reviewing the implications of this funding hold and will notify them of any changes to their employment by August 1, with August 15 being their final day in their role if the district can no longer sustain the program.
‘At what cost?’: Many Central Texas districts make cuts as they face million-dollar deficitsThe district is already facing a $19.7 million budget shortfall and is set to close multiple campuses as part of its consolidation plan. District officials said they do not have alternative funding for these programs or the staff.
"While our values and commitment to our students remain unchanged, this new fiscal reality means we will have to change how we operate in some areas," Segura said in a letter to parents.
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