I am receiving conflicting information regarding the application of the DeVos preliminary injunction order. Can you please confirm how this impacts (if at all) the guidance given by the department of education in other states? Again, I have received conflicting advice regarding whether the district court case in Washington applies to other states, such as Ohio.
Katie E. Johnson, Esq.
Deputy Executive Director
Ohio Association of School Business Officials
98 Commerce Park Drive | Westerville, Ohio 43082
O: 614-431-9116, ext. 110 | C: 614-404-5277 | Toll-free: 844-838-5395
Hi Katie,Unfortunately, this issue is as clear as mud right now in terms of whether the preliminary injunction applies only to WA state or not. However, the Department of Education (ED) has chosen to interpret the injunction in a narrow manner (i.e., applying only to WA schools), meaning ED could/would act to enforce the interim rule on CARES Act equitable services in other states.Note there are still a few other court cases on this issue pending in other states, so we may see something more definitive emerge in due time, but we will have to wait and see. We are monitoring this issue very closely at ASBO and will certainly share any information here on the network as we learn more. In the meantime, we encourage members to continue to reach out to their elected officials and ensure this issue remains on their radar, especially since there is a possibility that Congress could provide a legislative fix to rescind ED's interim final rule in the next COVID relief package.For more information about the preliminary injunction and other pending court cases on this issue, you may find this Education Week article helpful.Sincerely,