Senior Fellow at the American Federation for Children Corey A. DeAngelis wrote on Twitter, "BREAKING: A coalition of charter schools filed a lawsuit against the U.S. Department of Education over the Biden Administration's new illegal regulations."
The Center Square reports that the lawsuit covers a new Department of Education rule for charter school funding that was implemented on August 5 and described how charter schools had to prove nearby public schools were over-enrolled and were not serving too many racial minority students.
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The rule also specified that charter schools need to prove public schools are not serving their students' needs and had to pursue approval from the public school system for the grant money.
In a statement to The Post Millennial, DeAngelis said, "The Biden Administration waged war on parents with these charter school regulations. The Administration is protecting the teachers union monopoly at the expense of families - and using the heavy hand of the federal government to do so."
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"These regulations are a kickback to the teacher's unions who overwhelmingly back leftist politicians like Biden. 99.997% of the American Federation of Teachers campaign contributions, for example, have gone to Democrats in 2022 according to Open Secrets."
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The charter schools suing include the Michigan Charter School Association and the nonprofit Thomas B. Fordham Institute, which supervises 13 charter schools in Ohio.
Together, these groups claim in a lawsuit filed in the U.S. District Court for the Western District of Michigan that the new DOE regulation does not have the power to alter a 2015 bipartisan piece of legislation passed by Congress.
That year, Congress extended the federal Charter Schools Program and provided clear instructions on how schools could be granted funding.
Congress also designated millions of dollars in additional funding to bolster top-notch charter school programs.
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In another tweet, DeAngelis provided an excerpt from the lawsuit, The Department’s attack on the charter school program it is tasked with administering is unlawful. Not only does the Department lack the authority to issue any new criteria; the proposed factors will punish the most successful charter school programs."
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The schools are represented by the Pacific Legal Foundation. On their website, President of Michigan’s Charter School Association, Dan Quisenberry, said, "This new rule will profoundly harm children who need the educational opportunities that charter schools provide," and, "Charter schools shouldn’t be punished just because traditional public schools - and the current administration - don’t like them."