Washington Attorney General Nick Brown said a new agreement with the U.S. Department of Education will protect about $1.4 billion in federal education funding for students across the state after a legal dispute over civil rights requirements.
Attorney General Nick Brown and a coalition of 18 other attorneys general have reached an agreement with the U.S. Department of Education that preserves about $1.4 billion in federal funding for Washington schools serving students from low-income families, English learners, children with disabilities and other vulnerable students.
The agreement follows an April 3, 2025, notice from the Department of Education telling state and local agencies they must certify compliance with the Trump administration’s new interpretation of Title VI of the Civil Rights Act of 1964 related to diversity, equity and inclusion efforts or risk losing federal education funding.
Washington acknowledged it complies with federal nondiscrimination laws but refused to sign the new certification, saying there was no lawful or practical way to do so because the requirements were vague, contradictory and unsupported.
“The Department of Education treated our children’s futures as pawns in their war on representation and inclusion,” Brown said. “I’m gratified that we’ve reached an agreement that protects these critical supports for kids so they can reach their full potential in school.”
On April 25, 2025, Brown and a multistate coalition sued the department, arguing the threatened loss of funding violated the Spending Clause, the Appropriations Clause, separation of powers and the Administrative Procedure Act.
A related case filed in federal court in Maryland — American Federation of Teachers, et al. v. United States Department of Education — resulted in a ruling that vacated the April 3 certification demand.
That decision later became final after the administration dropped its appeal.
The agreement announced Monday resolves the lawsuit brought by Washington and other states and requires the Department of Education to apply the relief from the teachers’ union case to schools in Washington.
It prevents the administration from withholding funding based on the disputed conditions and formally dismisses the states’ lawsuit under the terms of the settlement.
The funding affected supports a wide range of education needs, including programs for students from low-income families, recruitment and training of teachers, services for students learning English, and assistance for children in foster care or experiencing homelessness.
Attorneys general from California, Colorado, Connecticut, Delaware, Hawai‘i, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont and Wisconsin joined Brown in signing the agreement.