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Public Health Emergency: Legal Preparedness & Response

National Association for the Advancement of Colored People, et al. v. Devos, et al.

Overview

National Association for the Advancement of Colored People, et al. v. Devos, et al. (U.S. District Court, District of Columbia, September 4, 2020): A federal court held that Secretary of Education DeVos and U.S. Department of Education (DOE) violated the clear language of the Coronavirus Aid, Relief and Economic Security (CARES) Act in issuing a regulation to illegally divert needed funds away from public school students for the benefit of private schools. The CARES Act required funds to be distributed “in the same manner as provided under section 1117” of the Elementary and Secondary Education Act, which allocates funds to non-public schools based in part on the number of children from low-income families who attend. DOE’s Interim Final Rule that would have allocated funds to non-public schools equally, regardless of the income of students. The court determined Congress had spoken “with a clear voice,” and DOE could not issue a rule that conflicts with the unambiguous text of the CARES Act. Read the full opinion here

View all cases in the Judicial Trends in Public Health – November 16, 2020.

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