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Court ruling suspends DeVos CARES funding shift

Posted at 3:41 PM, Aug 27, 2020
and last updated 2020-08-27 17:44:56-04

LANSING, Mich. (WSYM) — The CARES act (Coronavirus Aid, Relief and Econmic Security) is a $2.2 trillion economic stimulus bill passed by Congress and signed into law by President Donal Trump in March 2020. It was put in place as a response to the economic fallout of the coronavirus pandemic, and much of that money was reserved for public schools.

Secretary of Education Betsy DeVos diverted $16.5 million of the funds originally intended for Michigan public schools to private schools, and did the same in other states, citing unclear language in the CARES act. In response a coalition of states and schools sued DeVos, and requested a preliminary injunction ruling from Judge James Donato to halt the diversion of the funds until the case is decided.

Late Wednesday Judge Donato granted the request.

In his order Donato found that suit is likely to succeed on it’s merits. He stated that contrary to Secretary DeVos’ argument that the CARES Act language is ambiguous, Congress used language that is “familiar and uncomplicated, to say the least.” As a result, Donato wondered, “how could anyone maintain with a straight face” that the CARES Act language is unclear?

Michigan Attorney General Dana Nessel said of the ruling, “We are pleased with the Court’s decision and will continue to fight against the unlawful approach taken by Secretary DeVos to redirect pandemic relief money from public schools to serve her own political agenda.”

Nessel added, “By Congress’ own design, that money was meant to assist the nation’s public schools that are most in need of financial support, but Secretary DeVos’ unlawful rule does the exact opposite. The fight to protect our public schools will continue until every dollar of the CARES Act funding goes to support the places that Congress intended.”