The Colorado Attorney General’s Office has joined a coalition of 22 state attorneys general in a lawsuit against the Trump administration for withholding nearly $7 billion in congressionally-approved funding for education, $80 million of which had been slated for Colorado schools. 

The suit, which names Secretary of Education Linda McMahon, Director of the U.S. Office of Management and Budget Russell Vought, and President Donald Trump as defendants, contends the decision to withhold the funding until “further review” is contrary to law, arbitrary and capricious, and unconstitutional.”

The funding freeze violates multiple federal laws and regulations, as well as the constitutional separation of powers doctrine and the Presentment Clause, the attorneys general argue. 

In late June, a day before they were to be released, public school districts across the country found out they would not be receiving funding for several federal grants, many of which support immigrant students, English-language learners, and educators in underserved schools.

According to a statement by the Department of Education, the grants are being reviewed to ensure they are “in accordance with the President’s priorities and the Department’s statutory responsibilities.” While the department didn’t spell out what those priorities are, the Trump administration has taken aim at funding diversity, equity and inclusion programs, calling them discriminatory, wasteful and anathema to American values. 

“I have heard directly from Colorado school superintendents how disruptive and reckless this arbitrary freeze of federal funding is to them,” said Weiser. “Schools deserve to be treated fairly and this administration’s lack of regard for the impact of this lawless decisions is appalling. I am proud to co-lead this case and will continue to ensure that this administration does not harm Colorado by acting in an illegal fashion.”

The funding freeze has disrupted districts’ plans for the upcoming school year, as they had planned their budgets under the assumption they would be receiving their usual grant allocations. “Now, because of the Trump administration’s actions, states find themselves without sufficient funding for these commitments, just weeks before the start of the 2025-2026 school year,” Weiser said. 

Last week, Gov. Jared Polis met with Colorado educators to discuss how the freeze has impacted their districts. Superintendents from Jefferson and Lake Counties said they will have to downsize or even eliminate their out-of-school programs entirely, despite working parents’ critical need for childcare outside of school hours. The cuts also mean having to let go staff and getting rid of programs meant to assist immigrant students who have recently arrived in the United States. 

“I cannot overstate how embedded this program is in the fabric of our community,” said Lake County Superintendent Kate Bartlett. “If these funds don’t materialize, we have got a couple of choices: we can either reduce staff, or we can reduce our days and overall services to students. So I would say, if I had to sum up the impacts, it’s an earthquake.”