Case: Council of Parent Attorneys and Advocates (COPAA) v. DeVos

1:20-cv-02310 | U.S. District Court for the District of Maryland

Filed Date: Aug. 10, 2020

Closed Date: Dec. 18, 2020

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Case Summary

This is a case about an Interim Final Rule concerning how federal COVID relief CARES Act funding is allocated to private and public schools. On August 10, 2020, The Council Parent Attorneys and Advocates (Parent Advocates) filed this lawsuit in the U.S. District Court in District of Maryland. Parent Advocates sued the Secretary of Education, Betsy Devos, and the U.S. Department of Education. Represented by The National Center for Youth Law and private counsel, Parent Advocates sought declaratory and injunctive relief to disallow the enforcement of the Department of Education’s Interim Final Rule regarding school funding under the CARES act, as well as attorney’s fees. The case was assigned to Judge George Levi Russell.

Parents Advocates claimed that the Department of Education and Devos in her official role as Secretary of Education violated the Administrative Procedure Act. Parent Advocates claimed the Administrative Procedure Act was violated because the new interim final rule was arbitrary, capricious, and an abuse of discretion that exceeded their statutory authority. Parent Advocates argued that the interim rule would restrict and reduce CARES Act funding to public schools, and would narrow the permitted uses of the CARES Act funding.

Parent Advocates contended that the interim final rule would divert funding from public schools in several ways. The rule changed how funding is allocated by moving from a poverty-based formula to an enrollment-based formula. Previously, funding was allocated under a poverty-based formula only. The new rule added an enrollment-based formula option in addition to new restrictions that would be imposed if a school district continued to use a poverty-based formula. Parent Advocates argued that the impact of the new enrollment-based formula paired with the poverty-based formula restrictions would result in public school funding being negatively impacted. The plaintiffs contended that if a school district chooses the poverty-based formula for funding, none of their non-Title 1 schools would receive CARES Act funding despite serving disabled, poverty-level children. If they chose the enrollment-based formula, the plaintiffs argued that they would be allocated a greater amount of money would but more will be diverted to private schools in the district. Parent Advocates argued that this new interim rule would end up pushing schools into the enrollment-based option to try and have their non-Title 1 schools receive a fraction of the necessary CARES Act funding they need to serve students.

On September 3, 2020, Parent Advocates filed a motion for summary judgement. Judge Russel initially stayed the proceedings in this case because summary judgment was granted to the plaintiffs in NAACP v. DeVos, resulting in the interim final rule being vacated nationwide. More information about NAACP v. DeVos can be found here.

The defendants announced that they would not appeal the NAACP v. DeVos ruling, thereby ensuring that the decision would stand. On December 18, after it was clear that the summary judgment from NAACP v. DeVos would stand, the plaintiffs voluntarily dismissed this case. The case is now closed.

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Summary Authors

Ariella Stafanson (10/9/2020)

Justin Hill (12/20/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17429412/parties/council-of-parent-attorneys-and-advocates-inc-v-devos/

Judge(s)

Attorney for Plaintiff

Abrokwa, Alice (District of Columbia)

Busey, George Brian (District of Columbia)

Expert/Monitor/Master/Other

Borkowski, John W (Illinois)

Clay, Paige G (Maryland)

Deweese, Mary E (Illinois)

Judge(s)

Russell, George Levi III (Maryland)

Attorney for Plaintiff

Abrokwa, Alice (District of Columbia)

Busey, George Brian (District of Columbia)

Galanter, Seth Michael (District of Columbia)

Grant, Jessica L. (California)

Hults, Rachel V (California)

Londen, Jack W. (California)

Expert/Monitor/Master/Other

Borkowski, John W (Illinois)

Clay, Paige G (Maryland)

Deweese, Mary E (Illinois)

Duggins-Clay, Paige (Texas)

Jr, Steven A (Maryland)

Letter, Douglas (District of Columbia)

Neeley, Steven A (District of Columbia)

Rushing, Aleksandra O (Missouri)

Shulman, Shmuel B (Missouri)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:20-cv-02310	Docket [PACER] Council of Parent Attorneys and Advocates v. Devos	Dec. 18, 2020	Dec. 18, 2020 Docket
1 1:20-cv-02310	Complaint to Set Aside a Regulation and for Declaratory and Injunctive Relief Council of Parent Attorneys and Advocates v. Devos	Aug. 10, 2020	Aug. 10, 2020 Complaint
33 1:20-cv-02310	Order Council of Parent Attorneys and Advocates v. Devos	Sept. 14, 2020	Sept. 14, 2020 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/17429412/council-of-parent-attorneys-and-advocates-inc-v-devos/

Last updated April 23, 2025, 11:12 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT to Set Aside a Regulation and for Declaratory and Injunctive Relief against Elisabeth D. Devos, U.S. Department of Education ( Filing fee $ 400 receipt number 0416-8799866.), filed by Council of Parent Attorneys and Advocates, Inc.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Busey, George) (Entered: 08/10/2020) 1 Civil Cover Sheet View on PACER 2 Summons View on PACER	Aug. 10, 2020	Aug. 10, 2020 RECAP
2	Local Rule 103.3 Disclosure Statement by Council of Parent Attorneys and Advocates, Inc. (Busey, George) (Entered: 08/10/2020)	Aug. 10, 2020	Aug. 10, 2020 PACER
3	MOTION to Appear Pro Hac Vice for Jack W. Londen (Filing fee $100, receipt number 0416-8800081.) by Council of Parent Attorneys and Advocates, Inc.(Busey, George) (Entered: 08/10/2020)	Aug. 10, 2020	Aug. 10, 2020 PACER
4	MOTION to Appear Pro Hac Vice for Jessica L. Grant (Filing fee $100, receipt number 0416-8800091.) by Council of Parent Attorneys and Advocates, Inc.(Busey, George) (Entered: 08/10/2020)	Aug. 10, 2020	Aug. 10, 2020 PACER
5	MOTION to Appear Pro Hac Vice for Seth M. Galanter (Filing fee $100, receipt number 0416-8800122.) by Council of Parent Attorneys and Advocates, Inc.(Busey, George) (Entered: 08/10/2020)	Aug. 10, 2020	Aug. 10, 2020 PACER
6	MOTION to Appear Pro Hac Vice for Alice Y. Abrokwa (Filing fee $100, receipt number 0416-8800150.) by Council of Parent Attorneys and Advocates, Inc.(Busey, George) (Entered: 08/10/2020)	Aug. 10, 2020	Aug. 10, 2020 PACER
7	MOTION to Appear Pro Hac Vice for Rachel E. M. Velcoff Hults (Filing fee $100, receipt number 0416-8800598.) by Council of Parent Attorneys and Advocates, Inc. (Attachments: # 1 page 2 of PHV Motion)(Busey, George) (Entered: 08/10/2020)	Aug. 10, 2020	Aug. 10, 2020 PACER
8	Summons Issued 60 days as to Elisabeth D. Devos, U.S. Department of Education, U.S. Attorney and U.S. Attorney General(bas, Deputy Clerk) (Entered: 08/11/2020)	Aug. 11, 2020	Aug. 11, 2020 PACER
9	PAPERLESS ORDER granting 3 Motion to Appear Pro Hac Vice on behalf of Jack W Londen. Directing attorney Jack W Londen to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 8/12/2020. (srds, Deputy Clerk) (Entered: 08/12/2020)	Aug. 12, 2020	Aug. 12, 2020 PACER
10	PAPERLESS ORDER granting 4 Motion to Appear Pro Hac Vice on behalf of Jessica L Grant. Directing attorney Jessica L Grant to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 8/12/2020. (srds, Deputy Clerk) (Entered: 08/12/2020)	Aug. 12, 2020	Aug. 12, 2020 PACER
11	PAPERLESS ORDER granting 5 Motion to Appear Pro Hac Vice on behalf of Seth M Galanter. Directing attorney Seth M Galanter to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 8/12/2020. (srds, Deputy Clerk) (Entered: 08/12/2020)	Aug. 12, 2020	Aug. 12, 2020 PACER
12	PAPERLESS ORDER granting 6 Motion to Appear Pro Hac Vice on behalf of Alice Abrokwa. Directing attorney Alice Abrokwa to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 8/12/2020. (srds, Deputy Clerk) (Entered: 08/12/2020)	Aug. 12, 2020	Aug. 12, 2020 PACER
13	PAPERLESS ORDER granting 7 Motion to Appear Pro Hac Vice on behalf of Rachel Velcoff Hults. Directing attorney Rachel Velcoff Hults to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 8/12/2020. (srds, Deputy Clerk) (Entered: 08/12/2020)	Aug. 12, 2020	Aug. 12, 2020 PACER
14	SUMMONS Returned Executed by Council of Parent Attorneys and Advocates, Inc.. U.S. Department of Education served on 8/11/2020, answer due 10/13/2020.(Busey, George) (Entered: 08/27/2020)	Aug. 27, 2020	Aug. 27, 2020 PACER
15	SUMMONS Returned Executed by Council of Parent Attorneys and Advocates, Inc.. Elisabeth D. Devos served on 8/11/2020, answer due 10/13/2020.(Busey, George) (Entered: 08/27/2020)	Aug. 27, 2020	Aug. 27, 2020 PACER
16	SUMMONS Returned Executed by Council of Parent Attorneys and Advocates, Inc.. William Barr served on 8/11/2020, answer due 10/13/2020.(Busey, George) (Entered: 08/27/2020)	Aug. 27, 2020	Aug. 27, 2020 PACER
17	SUMMONS Returned Executed by Council of Parent Attorneys and Advocates, Inc.. Robert K. Hur served on 8/12/2020, answer due 10/13/2020.(Busey, George) (Entered: 08/27/2020)	Aug. 27, 2020	Aug. 27, 2020 PACER
18	MOTION for Summary Judgment by Council of Parent Attorneys and Advocates, Inc. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support, # 3 Galanter Declaration, # 4 Exhibit 1 to Galanter Declaration, # 5 Exhibit 2 to Galanter Declaration, # 6 Exhibit 3 to Galanter Declaration, # 7 Exhibit 4 to Galanter Declarattion, # 8 Exhibit 5 to Galanter Declaration, # 9 Exhibit 6 to Galanter Declaration, # 10 Almazan Declaration, # 11 Harris Declaration, # 12 Pasch Declaration, # 13 Preston Declaration, # 14 Taylor Declaration)(Londen, Jack) (Entered: 09/03/2020) 1 Text of Proposed Order View on RECAP 2 Memorandum in Support View on RECAP 3 Galanter Declaration View on RECAP 4 Exhibit 1 to Galanter Declaration View on RECAP 5 Exhibit 2 to Galanter Declaration View on RECAP 6 Exhibit 3 to Galanter Declaration View on RECAP 7 Exhibit 4 to Galanter Declarattion View on RECAP 8 Exhibit 5 to Galanter Declaration View on RECAP 9 Exhibit 6 to Galanter Declaration View on RECAP 10 Almazan Declaration View on RECAP 11 Harris Declaration View on RECAP 12 Pasch Declaration View on RECAP 13 Preston Declaration View on RECAP 14 Taylor Declaration View on RECAP	Sept. 3, 2020	Sept. 3, 2020 RECAP
19	CERTIFICATE OF SERVICE by Council of Parent Attorneys and Advocates, Inc. re 18 MOTION for Summary Judgment (Londen, Jack) (Entered: 09/03/2020)	Sept. 3, 2020	Sept. 3, 2020 PACER
20	MOTION for Leave to File Amicus Curiae Brief by The Council of the Great City Schools (Attachments: # 1 Council of Great City Schools Amicus Brief, # 2 Index of Exhibits, # 3 Exhibit A, # 4 Exhibit A-1, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit F-1, # 11 Text of Proposed Order)(Neeley, Steven) (Entered: 09/10/2020) 1 Council of Great City Schools Amicus Brief View on RECAP 2 Index of Exhibits View on RECAP 3 Exhibit A View on RECAP 4 Exhibit A-1 View on RECAP 5 Exhibit B View on RECAP 6 Exhibit C View on RECAP 7 Exhibit D View on RECAP 8 Exhibit E View on RECAP 9 Exhibit F View on RECAP 10 Exhibit F-1 View on RECAP 11 Text of Proposed Order View on RECAP	Sept. 10, 2020	Sept. 10, 2020 RECAP
21	MOTION to Appear Pro Hac Vice for John Borkowski (Filing fee $100, receipt number 0416-8854507.) by The Council of the Great City Schools(Neeley, Steven) (Entered: 09/10/2020)	Sept. 10, 2020	Sept. 10, 2020 PACER
22	MOTION to Appear Pro Hac Vice for Mary Deweese (Filing fee $100, receipt number 0416-8854520.) by The Council of the Great City Schools(Neeley, Steven) (Entered: 09/10/2020)	Sept. 10, 2020	Sept. 10, 2020 PACER
23	MOTION to Appear Pro Hac Vice for Paige Duggins-Clay (Filing fee $100, receipt number 0416-8854546.) by The Council of the Great City Schools(Neeley, Steven) (Entered: 09/10/2020)	Sept. 10, 2020	Sept. 10, 2020 PACER
24	MOTION to Appear Pro Hac Vice for Aleksandra Rushing (Filing fee $100, receipt number 0416-8854552.) by The Council of the Great City Schools(Neeley, Steven) (Entered: 09/10/2020)	Sept. 10, 2020	Sept. 10, 2020 PACER
25	MOTION to Appear Pro Hac Vice for Shmuel Shulman (Filing fee $100, receipt number 0416-8854560.) by The Council of the Great City Schools(Neeley, Steven) (Entered: 09/10/2020)	Sept. 10, 2020	Sept. 10, 2020 PACER
26	MOTION for Leave to File Amicus Brief by U.S. House of Representatives (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Letter, Douglas) (Entered: 09/10/2020)	Sept. 10, 2020	Sept. 10, 2020 PACER
27	STIPULATION And Proposed Order Granting 30-Day Stay Of Proceedings by Council of Parent Attorneys and Advocates, Inc. (Attachments: # 1 Text of Proposed Order (Proposed) Order, # 2 Certificate Of Service)(Londen, Jack) (Entered: 09/11/2020)	Sept. 11, 2020	Sept. 11, 2020 PACER
28	PAPERLESS ORDER granting 21 Motion to Appear Pro Hac Vice on behalf of John Borkowski. Directing attorney John Borkowski to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 9/11/2020. (srds, Deputy Clerk) (Entered: 09/11/2020)	Sept. 11, 2020	Sept. 11, 2020 PACER
29	PAPERLESS ORDER granting 22 Motion to Appear Pro Hac Vice on behalf of Mary Deweese. Directing attorney Mary Deweese to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 9/11/2020. (srds, Deputy Clerk) (Entered: 09/11/2020)	Sept. 11, 2020	Sept. 11, 2020 PACER
30	PAPERLESS ORDER granting 23 Motion to Appear Pro Hac Vice on behalf of Paige C Duggins-Clay. Directing attorney Paige C Duggins-Clay to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 9/11/2020. (srds, Deputy Clerk) (Entered: 09/11/2020)	Sept. 11, 2020	Sept. 11, 2020 PACER
31	PAPERLESS ORDER granting 24 Motion to Appear Pro Hac Vice on behalf of Aleksandra Rushing. Directing attorney Aleksandra Rushing to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 9/11/2020. (srds, Deputy Clerk) (Entered: 09/11/2020)	Sept. 11, 2020	Sept. 11, 2020 PACER
32	PAPERLESS ORDER granting 25 Motion to Appear Pro Hac Vice on behalf of Shmuel Shulman. Directing attorney Shmuel Shulman to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 9/11/2020. (srds, Deputy Clerk) (Entered: 09/11/2020)	Sept. 11, 2020	Sept. 11, 2020 PACER
33	ORDER STAYING CASE. Signed by Judge George Levi Russell, III on 9/14/2020. (bas, Deputy Clerk) (Entered: 09/15/2020)	Sept. 15, 2020	Sept. 15, 2020 RECAP
	Case Stayed (bas, Deputy Clerk)	Sept. 15, 2020	Sept. 15, 2020 PACER
34	STATUS REPORT by Council of Parent Attorneys and Advocates, Inc.(Galanter, Seth) (Entered: 10/15/2020)	Oct. 15, 2020	Oct. 15, 2020 PACER
35	MARGINAL ORDER Approving 34 Status Report, Directing Clerk to ADMINISTRATIVELY CLOSE this case; Directing Parties to submit a JointStatus Report on or before 12/18/2020 filed by Council of Parent Attorneys and Advocates, Inc.. Signed by Judge George Levi Russell, III on 10/19/2020. (bas, Deputy Clerk) (Entered: 10/19/2020)	Oct. 19, 2020	Oct. 19, 2020 PACER
36	NOTICE of Voluntary Dismissal by Council of Parent Attorneys and Advocates, Inc. (Galanter, Seth) (Entered: 12/18/2020)	Dec. 18, 2020	Dec. 18, 2020 RECAP
37	MARGINAL ORDER Approving 36 Notice of Voluntary Dismissal as to Defendants Secretary Elisabeth DeVos and the United States Department of Education filed by Council of Parent Attorneys and Advocates, Inc.. Signed by Judge George Levi Russell, III on 12/18/2020. (bas, Deputy Clerk) (Entered: 12/18/2020)	Dec. 18, 2020	Dec. 18, 2020 RECAP

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Case Details

State / Territory: Maryland

Case Type(s):

Education

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 10, 2020

Closing Date: Dec. 18, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Council Parent Attorneys and Advocates is an independent, nonprofit, §501(c)(3) tax-exempt organization of attorneys, advocates, parents and related professionals. There are 7 million children with disabilities in America. COPAA members work to protect the legal and civil rights of and secure excellence in education on behalf of tens of thousands of students with disabilities and their families each year at the national, state and local levels.

Attorney Organizations:

National Center for Youth Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Education (District of Columbia), Federal

Secretary of Education, Federal

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.