Posted on 06/07/2025 11:45:47 AM PDT by John Semmens
Despite the fact that the Covid pandemic was officially declared over as of May of 2023 and the federal funds authorized in the American Rescue Plan Act had a "use by date" of December 31, 2024, Manhattan District Judge Edgardo Ramos ruled that Education Secretary Linda McMahon cannot recover the unused funds.
McMahon argued that "these funds were intended to aid schools impacted by the shutdowns imposed in 2020. The money was intended to support pandemic recovery efforts like constructing sneeze guards in classrooms, tutoring students being remotely educated, and assistance for homeless students. The schools have been open for the last two years, the useless sneeze guards have all been discarded, and all students can now be taught in the classrooms. The purpose for which the funds were authorized no longer exists."
Judge Ramos explained that "once federal monies are authorized they become an entitlement for the designated recipients to use however they think best. Just because the pandemic is over doesn't mean that these funds can be rescinded. Public instruction in the classrooms is far from adequate for all students. Supplemental tutoring might still be beneficial. New needs like gender-affirming education have arisen that could use the previously granted pandemic ameliorating funds. Schools must have the flexibility to redirect their efforts to other important missions."
New York Attorney General Letitia James hailed Judge Ramos' ruling, saying "it adds a much needed option for schools to adapt their instruction to changes in priorities over time. This is especially the case with the new Trump Administration's vociferous opposition to the schools' efforts to safely and efficiently assist children who are dissatisfied with the sex they were assigned at birth."
It will be appealed.
I thought Letitia was missing a few marbles but her comment in this article shows she’s missing her whole set of marbles.
The judge is right there with Letitia too.
“once federal monies are authorized they become an entitlement for the designated recipients to use however they think best.” That is how they think.
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