SEATTLE, WA – Washington State Attorney General Nick Brown, along with 18 other state attorneys general, filed a lawsuit today against the U.S. Department of Education, challenging new conditions placed on federal funding for K-12 education.

The lawsuit follows an April 3 letter from the Department of Education that warned state and local educational agencies they must certify they are not operating programs that support diversity, equity, and inclusion (DEI) in order to continue receiving federal funding. Washington receives approximately $1.4 billion annually from the federal government to support programs for low-income students, migrant and English-learning students, and students with disabilities.

Attorney General Brown stated that Washington’s education policies prioritize student access and compliance with civil rights laws, and the state will not comply with the Department’s new certification requirements.

According to the Attorney General’s Office, the April 3 letter forces agencies to either refuse to certify compliance—putting funding at risk—or to certify compliance and attempt to eliminate lawful DEI programs, potentially exposing agencies to liability. Washington has maintained that it remains in compliance with Title VI of the Civil Rights Act of 1964, which prohibits discrimination in education.

The lawsuit argues that the Department of Education’s actions violate the U.S. Constitution’s Spending Clause and Appropriations Clause, the Administrative Procedures Act, and the separation of powers doctrine. The coalition seeks to prevent the Department from withholding federal education funding based on the new requirements.

Joining Washington in the lawsuit are the attorneys general of California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, and Wisconsin.

A copy of the complaint was made available by the Attorney General’s Office.