States Launch a Preemptive Strike Against the Department of Education to Save School Mental Health Programs From a Backdoor Cancellation
Staying ready.
A total of 15 states just launched a preemptive legal strike to stop the Department of Education from cutting off mental health grants that keep counselors in schools. According to The Hill, over a dozen attorneys general filed a lawsuit on Friday, July 10, 2026, to block what they call an unlawful termination of congressionally approved funding. They argue the termination would pull the rug out from under programs that support hundreds of thousands of students.
The grants in question were part of a five-year initiative designed to help schools hire and train mental health professionals. They were awarded with the understanding that funding would continue year by year through continuation grants. But in April 2025, the DOE announced plans to discontinue the program, citing a conflict with the administration’s priorities.
That decision didn’t sit well with states, which quickly took legal action. A federal judge agreed with them, slapping a permanent injunction on the plan and calling it “arbitrary and capricious” under federal law.
Despite that ruling, the department hasn’t backed down
It’s still signaling it might terminate “some or all” of the grants at the end of July if its motion for clarification on the injunction goes its way. That’s why states are taking no chances. The new lawsuit, filed as a protective measure, is essentially a backup plan in case the court’s earlier injunction isn’t enough to stop the cuts.
The states are asking for a hearing on July 24. This is to determine whether a preliminary injunction or temporary restraining order should be issued, along with a declaration that the department’s plans are unlawful.
Oregon Attorney General Dan Rayfield didn’t mince words in his response. “When a student is having mental health concerns – or is in crisis – they need to have trusted counselors at their school who can help them navigate those tough times,” he said. “The Trump administration is once again trying to strip mental health support from students who need it most – and once again, we’re taking them to court to stop it.”
New York Attorney General Letitia James echoed that sentiment, noting the administration had already tried – and failed – to cut these services once before. “Now they are trying to carry out the same illegal scheme and abandon students who need support,” she said. “We already stopped them once, and we are prepared to do it again.”
The stakes are high
According to Stateline, the $1 billion program at the center of this fight was created in the wake of the 2018 Parkland school shooting, with bipartisan support. It was later expanded after the 2022 Uvalde tragedy, which left 19 students and two teachers dead.
Since then, the grants have funded mental and behavioral health services for nearly 775,000 students across 49 states. They help schools prepare thousands of professionals to work with K-12 students. The program was designed to address the unique challenges young people face.
Rhode Island Attorney General Peter F. Neronha put it bluntly. “Our children deal with a unique set of problems which arise from growing up in 2026 – from loneliness to substance use disorder to the ever-present fear of violence – and the programs funded through these grants are designed to help them cope and hopefully thrive,” he said.
The grants don’t just fund counselors. They help schools build the infrastructure to support students in the long term. This includes training staff, creating peer support programs, or connecting kids with community resources.
The administration’s justification for cutting the grants has been murky
Officials have pointed to conflicts with their priorities. Some media reports say the grants were axed over perceived ties to diversity, equity, and inclusion initiatives. That’s a claim that’s been hard to square with the program’s bipartisan origins.
Republican senators like John Cornyn of Texas, Susan Collins of Maine, and Thom Tillis of North Carolina were vocal supporters when the funding was first allocated. The idea that a program with such broad backing could be dismissed as politically motivated has frustrated the states.
Massachusetts Attorney General Andrea Joy Campbell summed up the legal battle in a statement. “The courts have repeatedly ruled that the Trump Administration does not have the power to arbitrarily revoke grant funding that provides critical mental health services to our students,” she said.
“Still, the federal government continues its attempts to terminate funding.” That persistence is why states are taking this second legal step. The first lawsuit secured an injunction, but the department’s latest moves suggest it’s not ready to give up. The new complaint could close any loopholes that might let the administration follow through on its threats.
Schools already have a lot on their plates
The fallout from pandemic disruptions, rising mental health crises, and the ongoing threat of violence has taken a toll. Cutting these grants now would force districts to make impossible choices like whether to lay off counselors, scale back programs, or redirect funds from other critical services.
For many students, especially those in underserved communities, school-based mental health professionals are the only accessible support they have. Losing that lifeline could have consequences that ripple far beyond the classroom.
The states involved are California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, New Mexico, New York, Oregon, Rhode Island, Washington, and Wisconsin. They are making it clear they won’t let that happen without a fight.
They’re pushing back against what they see as an overreach that could leave vulnerable students without the help they need. The hearing on July 24 will be a critical moment in this battle. However, given the administration’s track record, it’s unlikely to be the last word.
(Featured image: Mikhail Nilov on Pexels)
Have a tip we should know? [email protected]
Follow The Mary Sue:
