Attorney General Bonta Sues Trump Administration over Unlawful Discontinuation of School Mental Health Grant Funding

$200 million of funding intended to support the mental health and well-being of California students is at risk

OAKLAND – California Attorney General Rob Bonta today announced joining a coalition of 16 states, in suing the Trump Administration’s Department of Education over their unlawful decision to discontinue grants awarded through Congressionally-established school mental health funding programs, including roughly $200 million awarded to local education agencies, county offices of education, and universities in California. If allowed to stand, starting this fall, many States’ elementary and secondary schools will lose mental health services critical to students’ well-being, safety, and academic success. The Department had awarded this funding to the nation’s high-need, low-income, and rural schools pursuant to its Mental Health Service Professional Demonstration Grant Program (MHSP) and its School-Based Mental Health Services Grant Program (SBMH). The lawsuit, filed yesterday in the U.S. District Court for the Western District of Washington seeks injunctive and declaratory relief to safeguard this critical funding, which fosters safe and supportive learning environments, and supports the well-being of our students. 

“The Trump Administration’s Department of Education is attempting to rip away funding and projects that support the mental health and well-being of our students – it’s not only immoral, it’s unlawful,” said Attorney General Bonta. “These mental health programs were established by Congress following a wave of tragic and unacceptable school shootings, and they do critical work to ensure students can not only succeed but thrive. The loss of this funding would cause immense harm to California students, especially in our low-income and rural communities. The California Department of Justice will not stand idly by – we’re once again taking the Trump Administration to court, this time to protect the mental health and well-being of our students.” 

Spurred by episodes of devastating loss from school shootings, Congress established and funded MHSP in 2018 and SBMH in 2020 to increase students’ access to mental health services. MHSP addresses the shortage of school-based mental health service providers by awarding multi-year grants to projects that expand the pipeline for counselors, social workers, and psychologists through partnerships between institutes of higher education and local educational agencies; and SBMH funds multi-year grants to increase the number of professionals that provide school-based mental health services to students through direct hiring and retention incentives. The ultimate goal of the programs is to permanently bring 14,000 additional mental health professionals into U.S. schools.

The programs have been an incredible success. In their first year, the programs provided mental and behavioral health services to nearly 775,000 elementary and secondary students nationwide. Sampled projects showed real results: a 50% reduction in suicide risk at high-need schools, decreases in absenteeism and behavioral issues, and increases in positive student-staff engagement. Data also showed recruitment and retention efforts are working – in the first year of the programs, nearly 1,300 school mental health professionals were hired and 95% of those hired were retained. Importantly, these newly hired school-based mental health providers were able to create an 80% reduction in student wait time for services.

In California, 44 local education agencies, county offices of education, and universities are set to lose roughly $200 million. The grants have helped schools hire hundreds of psychologists, counselors, and social workers who have served thousands of students, including in the state’s most economically disadvantaged and rural communities. By all markers, these programs work.

Despite these successes, on or about April 29, 2025, the Department sent boilerplate notices to grantees, including state education agencies, local education agencies, and institutes of higher education, claiming that their grants conflicted with the Trump Administration’s priorities and would not be continued. The notices claimed the Department intends to reallocate funds based on new priorities of “merit, fairness, and excellence in education,” providing little to no insight into the basis for the discontinuance, while destroying projects years in the making. However, in the press, the Trump Administration admitted that it targeted Plaintiff States’ grants for their perceived diversity, equity, and inclusion (DEI) efforts, which the States argue is not a legal basis for discontinuation. 

In the lawsuit, the attorneys general argue that the Trump Administration’s decision to discontinue funding through a vague boilerplate notice, without any mention of grantees’ performance, violates the Administrative Procedure Act and is an unconstitutional violation of the Spending Clause and Separation of Powers. If allowed to stand, the Trump Administration’s unlawful decision to discontinue this funding would cause irreparable harm to States that would be forced to lay off school-based mental health service providers, cutting off much-needed mental health services to their rural and low-income schools. Furthermore, it will harm States’ students who have already benefitted from these Programs, making it more challenging for schools to provide services to students who feel abandoned and distrust mental health resources due to the interruption in services caused by the discontinuation.

In filing the lawsuit, Attorney General Bonta joins the attorneys general of Washington, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, New Mexico, New York, Nevada, Oregon, Rhode Island, and Wisconsin.

A copy of the lawsuit is available here.