Michigan v. DeVos Amicus Brief

Jackson Reese

Vice President of Development

Jackson Reese
July 30, 2020

Michigan v. DeVos Amicus Brief

The California Policy Center (CPC) has joined as local counsel on litigation over CARES Act relief for private schools. CPC joins a coalition of around 40 state and national groups led by the Wisconsin Institute for Law & Liberty (WILL) advocating for private schools. CPC signed onto an amicus brief Wednesday in Michigan v. DeVos, a legal dispute in federal court between a group of state attorneys general and the federal Education Department over the availability of CARES Act funding for private schools.

“State officials from across the country are attempting to hijack federal funds meant for all schools to reward their teacher union paymasters,” said Will Swaim, president of the California Policy Center. “The California Policy Center is proud to join this lawsuit that will fulfill the original intent of the CARES legislation: to provide funding for all American schools, not just the ones deemed worthy by special interests and their political puppets.”

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.

WILL’s Amicus: WILL’s amicus, on behalf of around 40 state and national groups, including CPC, 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 its coalition partners, including CPC, make clear that federal CARES Act relief is critical for the safety and education of the nearly 10% of American students attending private schools.

In addition to CPC, WILL’s amicus is joined by associations and advocacy groups that represent and support private schools and their families in Wisconsin, Arizona, Arkansas, California, Colorado, Florida, Illinois, Indiana, Louisiana, Michigan, Mississippi, Nevada, New Mexico, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, Tennessee, Texas, 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

Wisconsin Council of Religious & Independent Schools

Wisconsin Catholic Conference

School Choice Wisconsin Action

California Catholic Conference

Michigan Catholic Conference

Michigan Association of Non-Public Schools

Pennsylvania Catholic Conference

Pennsylvania Affiliate of the Council for American Private Education

American Federation for Children

Foundation for Excellence in Education, Inc.


Catholic Education Partners

Liberty Justice Center

Mackinac Center for Public Policy

Great Lakes Education Foundation

Rio Grande Foundation

Buckeye Institute

Commonwealth Foundation

School Choice Wisconsin

Colorado Catholic Conference

Colorado Association of Private Schools

Indiana Non-Public Education Association

Midsouth Association of Independent Schools

Catholic Conference of Oklahoma

Texas Private Schools Association

Goldwater Institute

James Madison Institute

Mississippi Center for Public Policy

Nevada Policy Research Institute

Roughrider Policy Center

Rhode Island Center for Freedom & Prosperity

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