Multistate coalition protects about $1.4 billion in K-12 funding for Washington

Attorney General Nick Brown and a coalition of 18 other attorneys general have secured an agreement with the U.S. Department of Education that protects about $1.4 billion funding equal access to education for students from low-income families, English learners, children with disabilities, and other students in Washington state.

On April 3, 2025, the U.S. Department of Education informed state and local agencies that they must sign a document setting forth the Trump administration’s new interpretation of Title VI of the Civil Rights Act of 1964 in relation to diversity, equity, and inclusion efforts — or else risk immediate and catastrophic loss of federal education funds.  

Washington, like many other states, acknowledged that it does and will comply with federal nondiscrimination statutes, regulations, and case law, but refused to certify its compliance with the department’s new requirements, as there is no lawful or practical way to do so given the vague, contradictory, and unsupported interpretation of Title VI. 

“The Department of Education treated our children’s futures as pawns in their war on representation and inclusion,” Brown said. “I’m gratified that we’ve reached an agreement that protects these critical supports for kids so they can reach their full potential in school.”

On April 25, 2025, Brown and a multistate coalition filed a lawsuit asserting that the department’s attempt to terminate federal education funding based on its misinterpretation of Title VI violates the Spending Clause, the Appropriations Clause, the separation of powers, and the Administrative Procedure Act. A complementary lawsuit filed in the U.S. District Court for the District of Maryland, American Federation of Teachers, et al. v. United States Department of Education, obtained an important victory vacating the April 3 certification request. That decision recently became final when the parties filed an agreement dismissing the administration’s appeal.   

Today’s agreement resolves this lawsuit and secures the critical commitment from the department to apply the relief obtained in the American Federation of Teachers lawsuit to schools in Washington. It prevents the administration from withholding any funding based on these unlawful conditions. 

The congressionally mandated funding to Washington covers a wide variety of needs related to children and education, including financial support to ensure that students from low-income families have the same access to high-quality education as their peers; recruit and train highly skilled and dedicated teachers; fund programming for non-native speakers to learn English; and provide support to vulnerable children in foster care and without housing.  

Joining Brown in signing this agreement are the attorneys general of California, Colorado, Connecticut, Delaware, Hawai‘i, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, and Wisconsin. 

A copy of the agreement is available here. 

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