Alamogordo NM
7-17-2025 10:46pm

A.G. Torrez Files Lawsuit as Feds Freeze $45M in New Mexico School Funding

NewMexicoConservativeNews.com A.G. Torrez Files Lawsuit as Feds Freeze $45M in New Mexico School Funding

New Mexico Attorney General Raúl Torrez filed a lawsuit this week to stop the U.S. Department of Education from unlawfully withholding over $6 billion in critical education funding—nearly $45 million of which is slated for New Mexico schools. At stake are core education programs that support English language learners, teacher development, migrant children, and afterschool programs for low-income students.

While the legal action was filed Monday, the impact of the federal freeze is hitting New Mexico communities right now, as school officials scramble to prepare for the fall semester with no access to federal funds. Today, local educators and program leaders visited Santa Fe to underscore how their students and staff are already being affected.

“This isn’t about politics or bureaucracy—it’s about working families and kids,” said Attorney General Raúl Torrez. “New Mexico schools rely on these federal dollars to support afterschool programs that give children a safe place to go, provide snacks, offer access to technology through summer camps, and deliver hands-on learning opportunities beyond the school day. Withholding these funds isn’t just illegal—it’s harmful to the people who keep our communities and economy running.”

Several New Mexico education leaders traveled to Santa Fe today to share how the funding freeze is impacting their students and communities:

  • Kristie Medina, Superintendent of Raton Public Schools, expressed concern that rural districts like hers may have to cancel essential programs without the promised federal funding.
  • Ian Gates, Special Projects Coordinator for the New Mexico Out-of-School Time Network, emphasized that Title IV-B funding helps keep youth safe and engaged outside of school hours.
  • Bill Rodriguez, Program Director for Santa Fe Public Schools’ 21st Century Learning Centers, said the lack of funding is already causing delays in planning fall afterschool programming.
  • Peter McWain, Executive Director of Curriculum & Instruction for Santa Fe Public Schools, noted that staff retention and curriculum planning are being jeopardized in real time.

A declaration given to the NMDOJ from Public Education Secretary Mariana Padilla estimated $44.7 million to be terminated for the 2025–2026 school year:

  • $1 million for migrant education (Title I-C)
  • $18 million for teacher support and training (Title II-A)
  • $5.8 million for English learner programs (Title III-A)
  • $10.2 million for student support and enrichment (Title IV-A)
  • $9.8 million for 21st Century Community Learning Centers (Title IV-B)

These funds are not discretionary—they are required by law and based on clear population-based formulas under the federal Every Student Succeeds Act (ESSA).

The freeze is already causing schools to:

  • Delay or cancel hiring for federally funded staff positions
  • Halt planning for afterschool and summer programs
  • Risk compliance with federal education laws while receiving no funding to meet them

The lawsuit, filed in federal court in Rhode Island, argues that the Department of Education and the Office of Management and Budget lack any legal authority to delay or withhold these funds, which were appropriated by Congress and are supposed to be available every July 1 to coincide with the start of state fiscal years.

Complaint and Preliminary Injunction

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7-23-2025 9:26am

I notice that no preliminary injunction has been issued in this case.  Could it be that our great AG is wrong again?

According to an article in K-12 Dive;

The White House's Office of Management and Budget said last week it would release $1.3 billion for after-school
and summer programming. On Tuesday, the Afterschool Alliance said
numerous states reported receiving 21st Century Community Learning
Centers grant notification letters Monday evening. The budget period for
the award is July 1, 2025, through Sept. 30, 2026.

Title
I funding for low-income schools and districts and grants for special
education services under the Individuals with Disabilities Education
Act, which collectively make up the bulk of federal K-12 funding, were
released as expected on July 1.

OMB told K-12 Dive in an email last week that it has been conducting a “programmatic
review of education funding" to ensure the grants comply with Trump
administration policies and priorities. The office has said "initial
findings show that many of these grant programs have been grossly
misused to subsidize a radical leftwing agenda.”

Contrary to what AG Torrez says, the funding is not totally automatic, States must apply and meet eligibility requirements, and then those applications and requirements must be reviewed by the dept.

Another issue that might cause further delay here in New Mexico is that the NM ED changed it's policy on June 5th of this year to add a new program, which went into effect on June 27th.  That change triggers a review process that gives the Dept. of Education 90 days to complete, putting that deadline off until either the 5th or 27th of September.

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