Attorney General Bonta Rebukes Trump Administration Attempt to Politicize and Undermine Education Grant Funding

OAKLAND - California Attorney General Rob Bonta this week co-led a multistate coalition in submitting a comment letter opposing the U.S. Department of Education's (U.S. ED) proposal to provide the Trump Administration with broad discretion in educational grantmaking decisions. The proposal follows many earlier attempts by the Trump Administration to leverage federal funding to achieve executive branch policies that Congress never authorized. This includes its sweeping attempt to freeze $3 trillion in federal funding to states, specific grant terminations of the Administration's disfavored programs, and new conditions on federal funding to advance policies related to underlying programs - most of which have been blocked through various multistate litigation efforts. This latest unlawful proposal would allow the Trump Administration to arbitrarily attach policy conditions to education grants guaranteed to states without congressional approval. In the comment letter, Attorney General Bonta and the coalition argue that the proposal is unlawful and urge its withdrawal.

"The Trump Administration continues to disregard Congress's authority in its relentless attempts to seize the power of the purse and leverage federal funding to advance its hateful policy priorities," said Attorney General Bonta. "Its latest target is vital funding for our children, teachers, and schools. In California, protecting our students' educational future is a top priority. We will not allow the U.S. Department of Education to overstep its authority and impose unlawful, discriminatory conditions on education funding. I urge the federal government to abandon this proposal."

On August 24, 2026, U.S. ED announced a proposal to make a number of substantive changes to the rules governing how U.S. ED administers grant programs, including both discretionary and formula grant programs. In their comments, Attorney General Bonta and the coalition urge U.S. ED to reconsider and withdraw this proposal, arguing that:

• The proposed rule violates the Administrative Procedure Act (APA) because it exceeds U.S. ED's statutory authority and is contrary to law.
• The proposed rule violates the APA because U.S. ED acted in an arbitrary and capricious manner by including factors Congress did not intend the agency to consider and by attempting to codify practices that courts have held to be unlawful.
• The proposed rule raises constitutional concerns and violates the Separation of Powers Clause of the U.S. Constitution because the President lacks the authority to attach conditions to federal funds that Congress did not authorize.

Attorney General Bonta previously co-led a multistate coalition in submitting a comment letter opposing the Office of Management and Budget's proposed rewrite of rules governing nearly every federal grant.

Attorney General Bonta, Illinois Attorney General Kwame Raoul, New York Attorney General Letitia James, and Washington Attorney General Nick Brown co-led the letter. They are joined by the attorneys general of Arizona, Colorado, Connecticut, Delaware, the District of Columbia, Hawai'i, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Rhode Island, Vermont, and Virginia, as well as the governor of Kentucky.