Oral arguments took place Tuesday for a lawsuit led by Michigan Attorney General Dana Nessel against Education Secretary Betsy DeVos, with attorneys for the former arguing the latter’s requirement for K-12 public schools to split CARES Act relief funding with private schools is unlawful.
The CARES Act passed in March by Congress stipulates that public school districts share coronavirus relief funding with low-income students at private schools within the same district. In June, DeVos issued a rule that says aid can’t be restricted to only poor private school students — all are eligible.
“There is nothing in the law Congress passed that would allow districts to discriminate against children and teachers based on private school attendance and employment,” DeVos said of the rule.
But in July, Nessel brought litigation against DeVos, saying the rule diverts $16 million from Michigan public schools to private institutions in violation of Congress’ requirements, the