Court Mandates Funding Resumption
On December 19, 2025, a federal judge in Washington state determined that the U.S. Department of Education violated the law when it suddenly terminated financial support for mental health counselors serving schools with significant needs nationwide. New Mexico Attorney General Raùl Torrez participated in a coalition of 18 attorneys general that initiated legal action to reinstate these funds, which had been assisting seven counties within New Mexico.
Legal Action and Background
Attorney General Torrez revealed on Monday that the federal court had directed the Education Department last week to recommence financing mental health services for over 5,000 students in New Mexico. The lawsuit, filed in June against the administration of President Donald Trump, challenged the department's unexpected announcement in late April that it would discontinue multi-year federal grants aimed at increasing mental health professionals in high-need schools.
Congress allocated more than $1 billion for this initiative through the Bipartisan Safer Communities Act in 2022, following the tragic school shooting in Uvalde, Texas, which resulted in the deaths of 19 students and two teachers. This legislation sought to deploy 14,000 counselors across schools nationally and demonstrated promising early outcomes. Research referenced by Torrez's office from the National Association of School Psychologists indicated that schools involved experienced a 50% decrease in suicide risk, alongside enhanced attendance and better interactions between students and staff.
Educational districts in seven New Mexico counties, such as the Silver Consolidated School District in Silver City, were beneficiaries of this program. Court documents also note that the Central Region Educational Cooperative, comprising rural school districts in central New Mexico, received funding.
Funding Discontinuation and Judicial Response
According to Torrez's office, the congressional law allowed districts to annually reapply for funding based on their performance and other federal criteria. However, on April 29, the Education Department sent standard notices to recipients, stating that funding was being halted because the program aligned with the "prior Administration’s priority preference and conflict with those of the current Administration," as per court records.
The lawsuit contended that the department's rationale for ending the program was unlawful, asserting that varying political priorities do not justify terminating a congressionally approved initiative. U.S. District Judge Kymberly Evanson in the Western District of Washington granted the plaintiffs' motion for summary judgment on December 19, concurring that the Education Department had acted illegally and instructing parties to establish a schedule for the department to lawfully review each grant recipient's renewal application.
In her decision, Judge Evanson stated that the law does not permit "that multi-year grants may be discontinued whenever the political will to do so arises."
Reactions to the Ruling
U.S. Senator Martin Heinrich (D-NM), who led the effort to create the counseling program, described Evanson's ruling as a "major victory" in a statement. He said, "It restores funding that never should have been taken away in the first place. School-based mental health services are essential to helping our kids learn, stay safe, and succeed."
Torrez also praised the ruling in a statement, emphasizing that it demonstrates, "No one—regardless of politics—wants to deny our kids access to the mental health support they need to learn, grow, and thrive."
