Another Federal Court Ends Betsy DeVos Plan To Use Public Money For Private Schools

Could This Be the Beginning of a Trend? #29 Strike Three! Another Federal Court Ends Betsy DeVos Plan To Use Public Money For Private Schools 9.5.20 1] In Washington state, Judge Barbara Rothstein stated that the law “could hardly be less ambiguous” and called the department’s argument “generously put, a stretch.” She concluded that “The Department’s convoluted reading essentially creates an ambiguity to justify resolving it, thereby thwarting Congress’s obvious intent.” The department, she concluded while declaring an injunction, had no authority to rewrite Congress’s plainly stated intent. 2] Then, in San Francisco, Judge James Donato also issued an injunction, stating that the department used “interpretive jiggery pokery” to create ambiguity where there was none, suggesting that it’s hard to imagine how anyone could argue otherwise with a straight face. 3] Judge Dabney Friedrich, the U.S. District Judge for the District of Columbia (and a Trump appointee) this week became the third federal judge to stymie Secretary of Education Betsy DeVos’s plan to direct additional CARES money to private schools. This ruling is the most decisive of the three, not merely imposing an injunction but issuing a summary judgement against the secretary. The issues was this: Congress set aside some CARES relief money to be distributed among public and private schools based on the number of students from low-income families. DeVos issued first a guidance, then a ruling, that the funds should be passed on to private schools based on total enrollment rather than low-income enrollment. This would have had the effect of steering CARES funds away from public schools and toward private schools, a long-time DeVos goal. We will undoubtedly be treated to a cycle of US Circuit Court of Appeals proceedings, until this matter is completely decided. But it seems like a trend is forming. https://www.forbes.com/sites/petergreene/2020/09/05/strike-three-another-federal-court-ends-betsy-devos-plan-to-use-public-money-for-private-schools/?fbclid=IwAR3x_ve-oAdX6DAuGPI6YstDEqumn6td8RDyc4ToCt1FdOQWXixcB0dPIBs#6fa6746016ef

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