AFT and BPNC Sue Education Dept. Over Terminated Community School Funds

Legal Action Initiated Against U.S. Department of Education Over Funding Termination

WASHINGTON — In a significant legal development, the American Federation of Teachers (AFT) and the Brighton Park Neighborhood Council (BPNC) have filed a lawsuit against the U.S. Department of Education. The lawsuit challenges the department's sudden decision to halt millions of dollars in funding for Full-Service Community Schools amid ongoing multi-year projects. The plaintiffs are represented by Democracy Forward and Jacobson Lawyers Group PLLC.

The lawsuit contends that the Department of Education cut off funding without prior notice, legal justification, or adherence to required procedures, despite strong performance by the grantees and clear congressional directives. This decision threatens over $60 million in unused funds allocated by Congress to support vulnerable students, families, and communities, set to lapse by December 31, 2025.

Full-Service Community Schools play a crucial role in providing comprehensive services such as social, health, nutrition, and mental health support, particularly in high-poverty and rural communities. Historically, these schools have received congressionally-appropriated, performance-based multi-year grants. The complaint accuses the Department, under the Trump-Vance administration, of disregarding this established process in favor of new, unlegislated policy preferences.

The plaintiffs argue that these actions contravene the Administrative Procedure Act, federal education laws, and Congress's intention for the appropriated funds.

Patrick Brosnan, Executive Director of the Brighton Park Neighborhood Council, expressed his dismay: “We at BPNC were shocked and dismayed to learn of the termination of our FSCS grant with ACT Now and Chicago Public Schools. We have been diligently working in partnership with Curie High School and Chicago Public Schools to implement the highest quality after-school programs and services for all students and community members. We believe that our partnership with Chicago Public Schools and ACT Now advanced the stated mission of the U.S. Department of Education Full Service Community School grant to support low-income students and families in our community, to ensure their access to high-quality afterschool academic support, and to provide technical and career support to help mold the workforce of the future.”

AFT President Randi Weingarten criticized the department's leadership, stating: “The Department of Education is not Linda McMahon’s personal plaything where she gets to decide what legally mandated functions stay or go or whether spending is allocated or not—and yet she repeatedly acts like it.” She highlighted the detrimental impact of the funding termination on crucial programs that improve academic outcomes and reduce achievement gaps.

Democracy Forward's President and CEO, Skye Perryman, added, “President Trump’s assault on public education in America has consistently been swiftly and decisively rebuffed in communities and courts across the country. We are again heading to court –this time during the holiday season–to protect students, families, educators, and communities from the cruelty and lawlessness of this administration.”

Lynn Eisenberg from Jacobson Lawyers Group emphasized the importance of the legal action: “The Department of Education is unlawfully refusing to spend tens of millions of dollars that Congress appropriated to help students and their families get the support they need to succeed. We are proud to stand with these organizations who are demanding more for our nation’s students.”

The case is titled Brighton Park Neighborhood Council et al. v. McMahon et al.

Read the full complaint here.

# # # #

The AFT represents a wide array of professionals, including 1.8 million pre-K through 12th-grade teachers, school personnel, higher education faculty, government employees, healthcare workers, and early childhood educators.

---
Read More USA Works News