NYSUT has joined a coalition of school districts, parents, teachers’ unions and nonprofit organizations in a lawsuit against the federal administration for withholding nearly $6 billion in education funding that Congress directed to support students for the 2025-2026 school year.

This isn’t a delay—it’s a broken promise. From New York’s urban centers to its most remote rural towns, our schools were counting on this funding to serve students who need it most. Districts have already built careful plans to stretch every dollar for maximum impact. To rip billions away now is not just unlawful; it’s reckless. This means canceled programs, crowded classes, fewer staff working directly with students and fewer opportunities for kids to succeed. We’re taking this fight to court because when promises are broken and laws are ignored, the courts become the necessary path to justice—for our schools and for our students.

The lawsuit seeks to compel the U.S. Department of Education and the White House Office of Management and Budget to release this critical funding that supports low-income students, English language learners, after-school programs, immigrant students and teacher training.

Congress appropriates funds under the Elementary and Secondary Education Act, and the Department was required to distribute this year’s funding to states by July 1, 2025. Instead, the department has withheld the funds, citing a “programmatic review” to ensure spending aligns with the administration’s priorities. The plaintiffs argue that the administration’s actions violate the Administrative Procedure Act, the Impoundment Control Act, and the constitutional separation of powers.

Melinda Person
President, New York State United Teachers
Latham, NY