Attorney General Raúl Torrez has announced that New Mexico is spearheading a multistate coalition to file an amicus brief in support of Silver Consolidated Schools. This rural New Mexico district is seeking to maintain essential mental health funding for its students. The brief, submitted in federal court, supports Silver City’s request for a preliminary injunction and aligns with New Mexico's legal efforts to prevent the dismantling of mental health programs under the Bipartisan Safer Communities Act.
"The Department of Education’s decision to pull the plug on these programs—without warning and without justification—puts thousands of vulnerable students at risk," said Attorney General Torrez. He emphasized that this brief amplifies their lawsuit against the Department of Education and demonstrates nationwide support for school districts taking a stand.
In April, the Department of Education informed numerous school districts that it would not renew funding for two mental health programs: School-Based Mental Health Services (SBMH) and Mental Health Service Professional Demonstration (MHSP) grants. The lawsuit by Silver Consolidated Schools claims this decision was arbitrary and unlawful, violating the Administrative Procedure Act.
Silver Consolidated Schools Superintendent Will Hawkins expressed gratitude towards Attorney General Torrez and supporting states, stating, "This is not about politics, it’s about people." He highlighted the importance of these funds in providing counselors, wellness programs, and safe spaces for students.
The amicus brief argues that the Department's actions threaten crucial school-based mental health services amid rising student needs. It contends that terminating these services violates federal grant regulations and endangers children's well-being nationwide. "Over 5,000 students in seven rural New Mexico school districts will lose access to in-school behavioral health care in just a few months if this decision isn’t reversed," added Attorney General Torrez.
The Attorneys General from Delaware, Maine, Maryland, Michigan, Minnesota, Oregon, Vermont, and Washington have joined New Mexico in this effort. The SBMH and MHSP grants were established under the Bipartisan Safer Communities Act in 2022 to address youth mental health issues and reduce school violence. These grants have been used effectively by Silver Consolidated Schools and other rural districts to hire licensed professionals and support students facing challenges.
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