A.G. Raúl Torrez Leads Multistate Amicus Brief to Protect Mental Health Funding in Local Schools

Attorney General Raúl Torrez announced today that New Mexico is leading a multistate coalition in filing an amicus brief in support of Silver Consolidated Schools—a rural New Mexico district fighting to preserve critical mental health funding for its students. This localized legal support builds on the lawsuit a coalition of Attorneys General filed just days ago challenging the U.S. Department of Education’s decision to abruptly terminate school-based mental health grants across the country. The amicus brief, filed in federal court, backs Silver City’s motion for a preliminary injunction and reinforces New Mexico’s broader legal strategy to stop the unlawful dismantling of mental health programs established under the Bipartisan Safer Communities Act.

“The Department of Education’s decision to pull the plug on these programs—without warning and without justification—puts thousands of vulnerable students at risk,” said Attorney General Torrez. “This brief not only amplifies our broader lawsuit against the Department of Education but also shows that when a single school district takes a courageous stand, states across the country will stand with them. The stakes couldn’t be higher—this funding is critical to the mental health and safety of our kids in New Mexico and around the country.”

In April, the Department of Education notified dozens of school districts nationwide that it would not renew funding under two mental health programs—School-Based Mental Health Services (SBMH) and Mental Health Service Professional Demonstration (MHSP) grants—citing vague references to shifting federal priorities. The lawsuit, filed by Silver Consolidated Schools, argues the decision was arbitrary, unlawful, and violates the Administrative Procedure Act.

“We are deeply grateful to Attorney General Torrez and the coalition of states standing with us in this effort. This is not about politics, it’s about people,” said Silver Consolidated Schools Superintendent Will Hawkins. “The Bipartisan Safer Communities Act was designed to help students, especially in rural communities like ours, access the mental health services they urgently need. These funds allowed us to put counselors in every school, build wellness programs that changed lives, and create safe spaces where students could finally ask for help. To lose that support now, without cause, puts real children at risk. We appreciate this legal support and continue to fight not just for Silver Schools, but for every district doing the hard work of caring for students’ mental health.”

In the amicus brief filed in the U.S. District Court for the District of New Mexico, we argue that the Department’s actions jeopardize critical school-based mental health services at a time when students are facing historic levels of need. The states contend the termination violates federal grant regulations, ignores local reliance on multi-year funding commitments, and endangers the well-being of children across the country.

“Over 5,000 students in seven rural New Mexico school districts will lose access to in-school behavioral health care in just a few months if this decision isn’t reversed,” added Attorney General Torrez. “We cannot allow political shifts in Washington to sabotage programs that are helping our kids.”

In addition to New Mexico, the brief is joined by the Attorneys General of Delaware, Maine, Maryland, Michigan, Minnesota, Oregon, Vermont and Washington.

The SBMH and MHSP grants were created under the Bipartisan Safer Communities Act, signed into law in 2022 to address the growing youth mental health crisis and reduce school violence. Silver Consolidated Schools and a regional consortium of rural New Mexico districts have successfully used these grants to hire licensed mental health professionals, improve school climate, and support students facing trauma and behavioral challenges.

Amicus Brief

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