Case: State of Washington v. United States Department of Education

2:25-cv-01228 | U.S. District Court for the Western District of Washington

Filed Date: June 30, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

Several lawsuits have been brought challenging the Trump administration’s attempt to dismantle the U.S. Department of Education. This case is one; the others can be found here. This suit was brought to challenge the U.S. Department of Education’s decision to discontinue mental health funding to elementary and secondary schools created by Congress in the wake of the Uvalde school shooting (the “Non-Continuation Decision”). On June 30, 2025, several states (Washington, California, Colorado, Conne…

Several lawsuits have been brought challenging the Trump administration’s attempt to dismantle the U.S. Department of Education. This case is one; the others can be found here.

This suit was brought to challenge the U.S. Department of Education’s decision to discontinue mental health funding to elementary and secondary schools created by Congress in the wake of the Uvalde school shooting (the “Non-Continuation Decision”). On June 30, 2025, several states (Washington, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, New Mexico, New York, Nevada, Oregon, Rhode Island, and Wisconsin) filed this lawsuit in the U.S. District Court for the Western District of Washington against the U.S. Department of Education and its Secretary. The case was assigned to Judge Kymberly K. Evanson.

Around April 29, 2025, the Department notified Plaintiffs that it would discontinue its Mental Health Service Professional Demonstration Grant Program (MHSP) and its School-Based Mental Health Services Grant Program (SBMH) for schools within their jurisdictions because the grants conflicted with the Trump Administration’s priorities of  “merit, fairness, and excellence in education.” Plaintiffs challenged the Non-Continuation Decision, alleging that the Department violated the Administrative Procedure Act, the Spending Clause, Separation of Powers, and acted ultra vires by discontinuing the grants not in accordance with established guidelines and criteria to do so. They sought injunctive relief barring implementation of the Non-Continuation Decision and “requiring the Department to make a new continuation award decision prior to the next budget period without considering performance issues–if any–caused by the Department’s Non-Continuation Decision and its disruptive effects”; declaratory relief under the Declaratory Judgment Act; and attorneys’ costs and fees.

On July 8, 2025, Plaintiffs filed a motion for a preliminary injunction, requesting the court “issue an order rescinding the unlawful Non-Continuation Decision and enjoining Defendants from discontinuing Program grants based on new priorities.” After briefing and a hearing on the motion for preliminary injunction, but before the court ruled on the motion, Defendants filed a motion to dismiss for lack of subject matter jurisdiction and for failure to state a claim on September 5, 2025. They argued that because the State-Plaintiffs themselves were not themselves the recipients of the grants, they lacked standing and legal authority to bring this suit. Further, because the suit involved contractual rights with the federal government, they argued the proper venue for the suit was the U.S. Court of Federal Claims under the Tucker Act.

The Court held oral arguments on Defendants’ motion to dismiss for October 9, 2025, and denied Defendants’ motion to stay the hearing in light of the government shutdown because of the Defendants’ “boilerplate request” and the “time-sensitive” relief request by the Plaintiffs. 2025 WL 2841595.

The case is ongoing.

Summary Authors

Madena Mustafa (10/24/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70679500/parties/state-of-washington-v-united-states-department-of-education/


Attorney for Plaintiff

Aaronson, Jennifer Kate (Washington)

Adams, Crystal (Washington)

Alexander, Cynthia L. (Washington)

Allen, Aletheia (Washington)

Ammirati, Andrew M. (Washington)

Attorney for Defendant

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Documents in the Clearinghouse

Document
1

2:25-cv-01228

Complaint for Injunctive and Declaratory Relief

June 30, 2025

June 30, 2025

Complaint
49

2:25-cv-01228

Plaintiffs' Motion for Preliminary Injunction

July 8, 2025

July 8, 2025

Pleading / Motion / Brief
161

2:25-cv-01228

Notice of Motion and Defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction and for Failure to State a Claim; Memorandum of Points and Authorities in Support Thereof

Sept. 5, 2025

Sept. 5, 2025

Pleading / Motion / Brief
186

2:25-cv-01228

Order Denying Motion to Stay

Oct. 7, 2025

Oct. 7, 2025

Order/Opinion

2025 WL 2841594

190

2:25-cv-01228

Order Denying Defendants' Motion to Dismiss

State of Washington et al. v. United States Department of Education et al.

Oct. 21, 2025

Oct. 21, 2025

Order/Opinion

2025 WL 2966255

193

2:25-cv-01228

Order on Motion for Preliminary Injunction AND ~Util - Set/Reset Deadlines/Hearings

Oct. 27, 2025

Oct. 27, 2025

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70679500/state-of-washington-v-united-states-department-of-education/

Last updated Oct. 29, 2025, 6:14 a.m.

ECF Number Description Date Link Date / Link
172

ORDER granting in part and denying in part Defendants' 164 Motion for Relief from Deadlines. The clerk shall RE-NOTE Defendants' motion to dismiss and Plaintiffs' motion for preliminary injunction (Dkt. Nos. 49, 161 ) for 10/9/2025, and the courtroom deputy will enter a notice of rescheduled hearing. Signed by District Judge Kymberly K. Evanson. (KRA) (Entered: 09/12/2025)

Sept. 12, 2025

Sept. 12, 2025

RECAP
173

NOTICE OF RESCHEDULED HEARING Motion Hearing re 161 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and for Failure to State a Claim; Memorandum of Points and Authorities in Support Thereof reset for 10/9/2025 at 01:00 PM in Courtroom 16206 before District Judge Kymberly K. Evanson. (DS) (Entered: 09/15/2025)

Sept. 15, 2025

Sept. 15, 2025

Notice of Rescheduled Hearing

Sept. 15, 2025

Sept. 15, 2025

174

RESPONSE, by All Plaintiffs, to 161 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and for Failure to State a Claim; Memorandum of Points and Authorities in Support Thereof. (Attachments: # 1 Proposed Order Denying Defendants' Motion to Dismiss)(Range, Ellen) (Entered: 09/23/2025)

1 Proposed Order Denying Defendants' Motion to Dismiss

View on PACER

Sept. 23, 2025

Sept. 23, 2025

PACER
175

NOTICE of Appearance by attorney Teal Luthy Miller on behalf of Defendants Linda McMahon, United States Department of Education. (Miller, Teal) (Entered: 09/26/2025)

Sept. 26, 2025

Sept. 26, 2025

PACER
176

Supplemental DECLARATION of Dr. Jennifer Stuber filed by All Plaintiffs re 49 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit A)(Range, Ellen) (Entered: 09/29/2025)

1 Exhibit A

View on PACER

Sept. 29, 2025

Sept. 29, 2025

RECAP
177

Stipulated MOTION to Amend Initial Disclosures and Other Case Deadlines and [Proposed] Order, filed by Defendants Linda McMahon, United States Department of Education. Noting Date 9/29/2025, (Miller, Teal) (Entered: 09/29/2025)

Sept. 29, 2025

Sept. 29, 2025

RECAP
178

ORDER granting the Parties' 177 Stipulated MOTION to Amend Initial Disclosures and Other Case Deadlines. The early case deadlines (Dkt. No. 145 ) are VACATED and will be reset as necessary after the Court resolves the pending motion to dismiss. Signed by District Judge Kymberly K. Evanson. (APH)

Sept. 29, 2025

Sept. 29, 2025

RECAP
179

Supplemental DECLARATION of Ellen Range filed by All Plaintiffs re 49 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit Attachment A, # 2 Exhibit Attachment B)(Range, Ellen) (Entered: 09/30/2025)

1

View on RECAP

2

View on RECAP

Sept. 30, 2025

Sept. 30, 2025

RECAP
180

REPLY, filed by All Defendants, TO RESPONSE to 161 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and for Failure to State a Claim; Memorandum of Points and Authorities in Support Thereof (Miller, Teal) (Entered: 09/30/2025)

Sept. 30, 2025

Sept. 30, 2025

RECAP
181

NOTICE OF MODIFIED HEARING LOCATION Motion Hearing re 161 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and for Failure to State a Claim; Memorandum of Points and Authorities in Support Thereof set for 10/9/2025 at 01:00 PM in Courtroom 16106 before District Judge Kymberly K. Evanson. (DS) (Entered: 10/03/2025)

Oct. 3, 2025

Oct. 3, 2025

Notice of Rescheduled Hearing

Oct. 3, 2025

Oct. 3, 2025

182

MOTION (1) UNOPPOSED MOTION FOR EXPEDITED RULING; AND (2) OPPOSED MOTION FOR ORDER STAYING CASE, filed by Defendant United States Department of Education. Noting Date 10/6/2025, (Kipnis, Brian) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

RECAP
183

PROPOSED ORDER (Unsigned) re 182 MOTION (1) UNOPPOSED MOTION FOR EXPEDITED RULING; AND (2) OPPOSED MOTION FOR ORDER STAYING CASE (Kipnis, Brian) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

RECAP
184

RESPONSE, by All Plaintiffs, to 182 MOTION (1) UNOPPOSED MOTION FOR EXPEDITED RULING; AND (2) OPPOSED MOTION FOR ORDER STAYING CASE . (Attachments: # 1 Proposed Order Denying Defendants' Motion for Order Staying Case)(Range, Ellen) (Entered: 10/07/2025)

1 Proposed Order Denying Defendants' Motion for Order Staying Case

View on RECAP

Oct. 7, 2025

Oct. 7, 2025

RECAP
185

NOTICE of Supplemental Authority re 49 MOTION for Preliminary Injunction by All Plaintiffs (Attachments: # 1 Exhibit A)(Range, Ellen) (Entered: 10/07/2025)

1 Exhibit A

View on RECAP

Oct. 7, 2025

Oct. 7, 2025

RECAP
186

ORDER denying Defendants' 182 Motion to Stay. Signed by District Judge Kymberly K. Evanson. (APH)

Oct. 7, 2025

Oct. 7, 2025

Clearinghouse
187

MINUTE ENTRY for proceedings held before District Judge Kymberly K. Evanson - Dep Clerk: D. Staples; Pla Counsel: Ellen E Range, Jennifer Katherine Chung; Def Counsel: Brian C Kipnis; CR: Nickie Drury; Time of Hearing: 1:00 PM; Courtroom: 16106; Motion Hearing held on 10/9/2025 re 161 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and for Failure to State a Claim; Memorandum of Points and Authorities in Support Thereof filed by Linda McMahon, United States Department of Education. The Court hears oral argument from counsel and takes the matter under advisement. Order to be issued. (DS) (Entered: 10/09/2025)

Oct. 9, 2025

Oct. 9, 2025

Motion Hearing

Oct. 9, 2025

Oct. 9, 2025

188

TRANSCRIPT REQUEST by All Plaintiffs for proceedings held on 10/9/2025 re 187 Motion Hearing,,. Requesting Attorney: Ellen E Range.Posting of this Transcript Order form does not constitute an official request for transcript(s). If you have not already done so, you MUST contact the individual court reporter(s), Nickoline Drury (nickoline_drury@wawd.uscourts.gov, 206-370-8508) to make payment arrangements and secure your desired delivery time. (Range, Ellen) (Entered: 10/15/2025)

Oct. 15, 2025

Oct. 15, 2025

PACER
189

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on 10/9/2025 before Judge Kymberly K. Evanson.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Nickoline Drury, nickoline_drury@wawd.uscourts.gov, 206-370-8508. Release of Transcript Restriction set for 1/20/2026, (ND) (Entered: 10/20/2025)

Oct. 20, 2025

Oct. 20, 2025

PACER
190

ORDER denying Defendant's 161 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and for Failure to State a Claim. The Courtroom Deputy is directed to issue an order requiring the parties to file a joint status report to assist in setting a case schedule no later than 10/31/2025. Signed by District Judge Kymberly K. Evanson. (APH)

Oct. 21, 2025

Oct. 21, 2025

Clearinghouse
191

ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Signed by District Judge Kymberly K. Evanson. Joint Status Report due by 10/31/2025. (DS) (Entered: 10/21/2025)

Oct. 21, 2025

Oct. 21, 2025

RECAP
192

APPLICATION OF ATTORNEY K. Brunetti Ireland FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff State of Nevada (Fee Paid) Receipt No. AWAWDC-9253131 (Wolf, Lucy) (Entered: 10/27/2025)

Oct. 27, 2025

Oct. 27, 2025

RECAP
193

ORDER granting Plaintiffs' 49 Motion for Preliminary Injunction. Defendants' counsel shall file a status report within 48 hours, documenting the actions that they have taken to comply with this order, including a copy of the notice and an explanation as to whom the notice was sent. Signed by District Judge Kymberly K. Evanson. (APH)

Oct. 27, 2025

Oct. 27, 2025

Clearinghouse

Order on Application for Leave to Appear Pro Hac Vice

Oct. 27, 2025

Oct. 27, 2025

Case Details

State / Territory:

Washington

Case Type(s):

Education

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: June 30, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Washington, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, New Mexico, New York, Nevada, Oregon, Rhode Island, and Wisconsin

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Educarion, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Spending/Appropriations Clauses

Separation of Powers

Other Dockets:

Western District of Washington 2:25-cv-01228

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Education

Funding