“The Trump Administration’s fly-by-night attempt to choke off school funding was always illegal,” said Attorney General Kathy Jennings. “We knew it, they knew it, and the American people knew it. Together with Gov. Meyer and Education Secretary Marten, we took them to court, and it worked. The White House backed down. This Administration is lawless, and we have to remain vigilant. But this moment should also send a clear message that the President’s disregard for the law is a weakness and not a strength. Delaware will always be the David to Trump’s Goliath — but the law is on our side, and when we stick together, we win.”

“Every Delaware student deserves the resources and support they need to succeed,” said Gov. Matt Meyer. “I’m grateful to Attorney General Jennings and her team for standing up for our kids and helping ensure critical federal education funding is released. At a time when families are feeling the squeeze, this funding is more than a budget line—it’s an investment in our classrooms, our teachers, and the future of our state.”

“On behalf of all Delaware schools, we are grateful for the unflinching support we have received from our state’s leaders, and we’re excited to get back to planning for a great start to the upcoming school year,” said Delaware Secretary of Education Cindy Marten.

BACKGROUND

On June 30, the Trump Administration abruptly and unlawfully froze funding for six longstanding programs administered by the U.S. Department of Education just weeks before the school year in many parts of Delaware is set to start. For decades, Delaware and other states have used funding under these programs to carry out a broad range of programs and services, including educational programs for migrant children and English learners; programs that promote effective classroom instruction, improve school conditions and the use of technology in the classroom; community learning centers that offer students a broad range of opportunities for academic and extracurricular enrichment; and adult education and workforce development efforts. In Delaware, an estimated $28,618,570 million in federal education funding was frozen, with many ongoing summer learning programs left immediately unfunded.

On July 14, Attorney General Jennings joined a coalition of 23 attorneys general and two states together in filing a lawsuit and motion for a preliminary injunction, arguing that the freeze violates federal funding statutes and regulations authorizing these critical programs and appropriating funds for them, federal statutes governing the federal budgeting process, and the constitutional separation of powers doctrine and the Presentment Clause.

The funding freeze threw into chaos plans for the upcoming academic year. Local education agencies that had approved budgets, developed staffing plans, and signed contracts to provide vital educational services under these grants were left scrambling.  While the funds were halted, essential summer school and afterschool programs, which provide childcare to working parents of school age children, were heavily impacted. The abrupt freeze also wrought havoc on key teacher training programs as well as programs that make school more accessible to children with special learning needs, such as English learners. Thanks to the swift action of both the coalition, and state agencies such as the Department of Education and Governor Matt Meyer, Delaware and the other states once again have sufficient funding for these commitments, just weeks before the start of the 2025-2026 school year.

Attorney General Jennings is committed to defending Delaware’s educational institutions and students against the Trump Administration’s illegal attacks. Attorney General Jennings has filed lawsuits challenging the unlawful termination of grant funding for K-12 teacher preparation programs; the mass firings and dismantling of the Department of Education; unlawful conditioning of K-12 education funding; and the discontinuation of school mental health grant funding. She’s also secured other relief for Delaware schools including the funding released this week and millions in previously awarded education funding to address the long-term effects of the COVID-19 pandemic on schools.