Corrected: This piece has been updated to correct the party breakdown of lawmakers who voted for the March 2025 continuing resolution; the party affiliation of Sen. Jeanne Shaheen of New Hampshire; and to remove the partisan affiliation from the Washington state superintendent, which is a nonpartisan elected position.
In March, most congressional Republicans鈥攁long with two Democrats and an independent鈥攙oted for a federal spending package that included billions of dollars for education funding.
But now, they鈥檙e overwhelmingly staying silent on whether the Trump administration broke the law by withholding $6.8 billion of that money, which goes to virtually every public school district.
President Donald Trump on March 15 signed into law a that maintained current funding levels for federal education programs in the fiscal year that starts this October. and voted in favor of the continuing resolution.
Most of the money Congress allocated in that spending package for education was . But on June 30, the Trump administration told states that for seven grant programs that support teacher training, after-school programs, and English learners, among other things, the money wouldn鈥檛 flow as scheduled due to an 鈥渙ngoing programmatic review鈥� of past spending aiming to root out a 鈥渞adical left-wing agenda.鈥�
On July 18, the administration told states they鈥檒l start receiving Title IV-B funding for after-school programs on July 21鈥攅ffectively unfreezing $1.4 billion while leaving the remaining $5 billion frozen.
On July 14 and 15, Education Week sent emails to spokespeople for all 271 members of Congress who voted 鈥測es鈥� on the March spending law鈥�268 Republicans, two Democrats, and one independent. We also sent reminder emails one to two days after the initial email. We asked the following question:
Do you believe the Trump administration has the legal authority to withhold funding for education that Congress allocated in March as part of the FY25 continuing resolution for which you voted?
Just six members鈥攆ive Republicans and one Democrat鈥攁nswered the request with a statement on the issue. As of Friday afternoon, spokespeople for the remaining 265鈥攁ll Republicans aside from one Democrat and one independent鈥攈ad either acknowledged the message without offering the Congress member鈥檚 response, or not responded at all.
The Democrat who responded said withholding the funds is illegal. None of the five Republicans who responded directly answered whether Trump freezing the funds was legal or illegal.
The U.S. Constitution gives Congress the 鈥減ower of the purse.鈥� A federal law passed in 1974 by a bipartisan coalition in Congress established a process for the White House to ask permission to make changes to spending Congress had already approved.
The lack of responses to Education Week鈥檚 inquiry shows that the Trump administration is 鈥渢humbing its nose鈥� at lawmakers, with potentially dire consequences for funding that touches education and other sectors, said Bob Kim, executive director of the Education Law Center, a nonprofit legal and advocacy organization.
鈥淐ongress clearly needs to vigorously protect its recent education spending decisions from interference by the president,鈥� Kim said. 鈥淏ut on a broader level, it needs to assert and defend its own power as an institution and co-equal branch of government.鈥�
Hundreds of lawmakers didn鈥檛 answer about the legality of withholding federal funding
Three of the six members who answered Education Week鈥擲ens. Susan Collins, R-Maine; Mitch McConnell, R-Ky.; and Jeanne Shaheen, D-N.H.鈥攈ave already urged the Trump administration to release the funds. Shaheen鈥檚 spokesperson sent a statement reaffirming that she believes withholding the funds is illegal. Spokespeople for Collins and McConnell responded by linking to their already-published letter to the administration.
Shaheen was one of 32 Democratic senators who to the federal Office of Management and Budget urging 鈥渁n immediate end to the illegal withholding鈥� of education funding. Collins and McConnell were two of the 10 Republican senators who wrote to OMB on July 16 calling for the Trump administration to release all the withheld funds, though their letter didn鈥檛 say whether the senators thought the funding freeze was legal or illegal.
One additional response to Education Week鈥檚 inquiry expressed concern about the Trump administration鈥檚 decision. Rep. Anna Paulina Luna, R-Fla., said she plans to write a letter urging the Trump administration to release the withheld funds 鈥渋mmediately,鈥� according to a statement and shared with Education Week by her spokesman, David Leatherwood. The statement does not, however, directly address whether Luna believes withholding the funding is legal.
One member responded by defending Trump鈥檚 approach to education funding. Sen. Mike Lee, R-Utah, told Education Week through a spokesperson that he supports Trump鈥檚 commitment to 鈥渇iscal responsibility in education funding,鈥� rather than 鈥渂loated bureaucracy and teachers鈥� unions.鈥�
鈥淭he President has the authority to manage federal agencies and guide their missions,鈥� Lee wrote in a statement shared by his spokesman, Billy Gribbin.
One member鈥擱ep. Elise Stefanik, R-N.Y.鈥攕hared a statement that accused her state鈥檚 Democratic governor, Kathy Hochul, of 鈥渨ithholding funds because of their bloated budget and fiscal mismanagement.鈥�
There is no evidence that Hochul, or any U.S. governor, is withholding federal funds Congress allocated for schools. The federal Office of Management and Budget, in a July 2 statement, accused public schools in New York of using Title III funds to support organizations that advocate for illegal immigration鈥攂ut OMB has offered no details or specifics about the schools or organizations in question.
The OMB and the Education Department didn鈥檛 respond to multiple requests for comment for this article by publication time.
In addition to the 32 Democratic senators, 150 House Democrats have also calling for all the withheld education funding to flow immediately. That letter鈥檚 lead author鈥擱ep. Lucy McBath, D-Ga.鈥攔aised the issue July 16 on the House floor.
At least two Republican House members who voted for the continuing resolution have sent a letter to the Trump administration about the education funds.
Rep. Mike Lawler, R-N.Y., to allow Title IV-B funds for before- and after-school programs to flow. The letter did not address whether withholding the money was legal.
Rep. Don Bacon, R-Neb., on July 15 asked OMB to release all the withheld education funds.
鈥淒elays in these awards place [schools] in the impossible position of revisiting hiring and programming decisions with little time to adjust鈥攄ecisions that are foundational to academic success and student support,鈥� Bacon wrote.
Spokespeople for Lawler and Bacon didn鈥檛 answer Education Week鈥檚 inquiry about the legality of the funding freeze.
The Trump administration could, , propose a 鈥渞escissions package鈥� to Congress to claw back the previously allocated education funds it doesn鈥檛 want to give out. If Congress were to reject that package or let it expire 45 days later, the administration would be legally obligated to give out the fiscal year 2025 money proposed for cuts.
Congress on Friday morning , covering $9 billion for foreign aid and public broadcasting. As of Friday afternoon, the administration hadn鈥檛 transmitted a rescissions package to Congress that includes education funding, or indicated whether it will.
Russell Vought, Trump鈥檚 appointed director of OMB, that the administration hasn鈥檛 ruled out proposing to rescind education funds.
Republican lawmakers and governors back Trump鈥攂ut some education chiefs don鈥檛
The effects of the frozen funds are likely to hit harder on average for school districts located in areas represented in Congress by Republicans, .
In some cases, members of Congress are staying silent about the withholding of funds they鈥檝e previously championed.
For instance, Sen. Lisa Murkowski, R-Alaska, has called herself a , also known as Title IV-B. During a July 17 one of Murkowski鈥檚 staffers, Karen McCarthy, said the senator had pushed strongly for Title IV-B money to remain separate from the Title IV block grant lawmakers devised during the 2015 reauthorization of the Every Student Succeeds Act. The Title IV-A block grant鈥攃urrently among the grant programs frozen by the Trump administration鈥攆unds a wide variety of academic enrichment programs and student supports.
Murkowski on July 17 criticized Vought鈥檚 assertion that the White House has the authority to ignore congressional spending allocations. 鈥淚 think he thinks that we are irrelevant,鈥� she . Murkowski鈥檚 spokesperson didn鈥檛 return Education Week鈥檚 requests for comment.
Meanwhile, reactions from state elected officials to the federal withholding of education funding have largely鈥攂ut not entirely鈥攆allen along party lines.
Twenty-four state attorneys general sued the Trump administration on July 14, alleging that the impoundment of education funding violated numerous federal laws and the U.S. Constitution. No Republican attorneys general joined the lawsuit. At least one鈥擟hris Carr of Georgia鈥攈as said publicly that he won鈥檛 sue.
鈥淟egally, whether you like or do not like the policy, the President has the authority to ensure that these federal funds are being spent lawfully,鈥� Carr .
Seventeen Democratic governors accusing the Trump administration of 鈥渁 failure to fulfill the Department鈥檚 most basic responsibility to implement the law and distribute Congressionally-appropriated funding.鈥� No Republican governors signed the letter.
Education chiefs from both parties have criticized the federal funding impoundment, though some Republicans鈥攊n states like and 鈥攈ave defended it.
Richard Woods, Georgia鈥檚 Republican elected state superintendent of education, 鈥渇ederal funds to be released so we can ensure the success of our students.鈥�
Idaho鈥檚 elected Republican superintendent of public instruction, Debbie Critchfield, that she supports reviewing the funds but worries schools will face challenges if they don鈥檛 arrive soon. 鈥淲e want it to be thorough, but we also want it to be quick because our districts need to make decisions,鈥� she said of the review.
In Washington state, elected state superintendent Chris Reykdal had sharper words for the federal executive and legislative branches.
鈥淚t is mind-boggling and disastrous to watch members of Congress, in the majority and in the minority, put up no legal fight as they get trampled by this negligent and careless Administration,鈥� he . 鈥�... Our students, 糖心动漫vlog, and local communities are paying a dear price for Congress鈥� failure to defend its appropriations.鈥�
