WILL, coalition represent interests of private schools in Washington case
The News: The Wisconsin Institute for Law & Liberty (WILL), partnering with the Freedom Foundation in Washington, filed an amicus brief Thursday in Washington v. DeVos, a second legal challenge in federal court over a federal Education Department interim rule about CARES Act relief for private schools. Last week, WILL lead a coalition of 38 state and national groups representing the interests of private schools and parental choice in filing an amicus in Michigan v. DeVos, a multi-state legal challenge to the Education Department’s rule. WILL’s amicus in the Washington case is on behalf of a similar coalition, and is also joined by the Washington Catholic Conference, Washington Federation of Independent Schools, and the Washington Policy Center.
The Quote: WILL Deputy Counsel Luke Berg said, “As in the case brought by other states, Washington’s lawsuit seeks to replace the Department’s sensible and equitable rule with a distribution that would favor public schools to the detriment of private schools and the many students they serve. We are hopeful that the court will reject Washington’s arguments and preserve a fair allocation of these much-needed funds.”
Background: The $2.2 trillion federal CARES Act, passed in response to the COVID-19 pandemic, included an Education Stabilization Fund to support schools with the costs of safely reopening and navigating the crisis. The law directed the Department of Education to distribute these funds “equitably” between public and private schools and students but did not dictate exactly how the funds should be distributed.
On June 25, Education Secretary Betsy DeVos issued an interim final rule that gives states and local public-school districts options for how to fairly allocate CARES Act relief to private schools. Many states and local school districts refused to follow the rule. Nine attorneys general and four metropolitan school districts, including Wisconsin Attorney General Josh Kaul, filed a multi-state federal lawsuit against the Education Department challenging the interim final rule and argued that the majority of the funding should be directed to public schools. Washington v. DeVos is a similar legal challenge brought by the State of Washington.
WILL’s Amicus: WILL’s amicus, on behalf of 39 state and national groups, represents the important interests of America’s private schools in this critical debate. COVID-19’s impact on education was not restricted to public schools. With more than 5 million students attending 33,000 schools, WILL and our coalition partners make clear that federal CARES Act relief is critical for the safety and education of the nearly 10% of American students attending private schools.
WILL’s amicus is joined by associations and advocacy groups that represent and support private schools and their families in Washington, Arizona, Arkansas, California, Colorado, Florida, Illinois, Indiana, Louisiana, Michigan, Mississippi, Nevada, New Mexico, North Dakota, Ohio, Oklahoma, Pennsylvania, Tennessee, Texas, Wisconsin, and throughout the nation, that serve Catholic, Orthodox Jewish, Islamic, Lutheran, other Christian, and independent secular schools, and that collectively educate millions of students:
Council for American Private Education
National Catholic Educational Association
Agudath Israel of America
Council of Islamic Schools in North America
Association of Christian Schools International
Association of Christian Teachers and Schools
WELS Commission on Lutheran Schools
Washington Catholic Conference
Washington Federation of Independent Schools
American Federation for Children
EdChoice
Catholic Education Partners
Washington Policy Center
California Catholic Conference
Colorado Catholic Conference
Colorado Association of Private Schools
Indiana Non-Public Education Association
Michigan Catholic Conference
Michigan Association of Non-Public Schools
Midsouth Association of Independent Schools
Catholic Conference of Oklahoma
Pennsylvania Affiliate of the Council for American Private Education
Texas Private Schools Association
Wisconsin Council of Religious & Independent Schools
Wisconsin Catholic Conference
School Choice Wisconsin Action
Goldwater Institute
California Policy Center
James Madison Institute
Liberty Justice Center
Mackinac Center for Public Policy
Great Lakes Education Foundation
Mississippi Center for Public Policy
Nevada Policy Research Institute
Rio Grande Foundation
Roughrider Policy Center
Buckeye Institute
Commonwealth Foundation
School Choice Wisconsin
Read More:
- Washington v. DeVos Amicus Brief, August 6, 2020
- Michigan v. DeVos Amicus Brief, July 29, 2020
- “Coronavirus Doesn’t Discriminate, But Bureaucrats Do,” Libby Sobic, July 10, 2020
- “Is DPI Leaving Private Schools Out in the Cold?” Libby Sobic, June 1, 2020