AG Torrez Sues to Protect Student Mental Health Funding

AG: New Mexico Press Releases

Filed July 1st, 2025

Detected March 21st, 2026

Summary

New Mexico Attorney General Raúl Torrez, joined by 15 other attorneys general, filed a federal lawsuit against the U.S. Department of Education to prevent the discontinuation of critical mental health funding for K-12 students. The funding, secured by the Bipartisan Safer Communities Act, is intended to expand school-based mental health services.

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What changed

Attorney General Raúl Torrez, leading a coalition of 16 state attorneys general, has filed a federal lawsuit challenging the U.S. Department of Education's decision to cut funding for school-based mental health programs. This funding, established by the Bipartisan Safer Communities Act of 2022, aims to place mental health professionals in high-need schools and has reportedly reduced suicide risk by 50%. The lawsuit argues that the Department's April 29, 2025, notice to discontinue these grants violates federal law, including the Administrative Procedure Act and the Safer Communities Act itself.

The practical implication for educational institutions and healthcare providers is the potential loss of vital mental health services for students. The coalition is seeking a court order to block the funding cuts and compel the Department of Education to honor its commitments under the Bipartisan Safer Communities Act. Compliance officers should monitor the litigation's progress, as a favorable outcome for the states would ensure the continuation of these programs, while an unfavorable outcome could lead to their abrupt termination, requiring immediate adjustments to student support services.

What to do next

Monitor litigation progress in U.S. District Court for the Western District of Washington regarding the Bipartisan Safer Communities Act funding.
Assess potential impact on existing school-based mental health programs if funding is discontinued.
Prepare contingency plans for alternative funding or service provision if the lawsuit is unsuccessful.

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Attorney General Raúl Torrez Works to Uphold Bipartisan Law Ensuring School-Based Mental Health Programs for Students

July 1, 2025

Albuquerque, N.M. – Attorney General Raúl Torrez joined a coalition of 16 attorneys general in filing a federal lawsuit to stop the U.S. Department of Education from cutting critical mental health funding for K-12 students—funding that was secured through the Bipartisan Safer Communities Act, legislation spearheaded by New Mexico Senator Martin Heinrich.

“It is one of our greatest responsibilities to protect the mental health and safety of our children,” said Attorney General Raúl Torrez. “This funding was secured by Congress—thanks in large part to the leadership of Senator Heinrich—to address the trauma and mental health challenges students face after school shootings and during an ongoing youth mental health crisis. The Department’s decision to abruptly eliminate this funding is not only reckless, but it also defies the law and threatens to dismantle programs that are saving lives.”

Following the tragic school shooting in Uvalde, Texas, Congress passed the Bipartisan Safer Communities Act in 2022 with broad support. The law provided $1 billion to expand access to school-based mental health services, aiming to permanently place 14,000 mental health professionals in schools serving high-need and rural communities. These efforts are already showing results: according to the National Association of School Psychologists, the programs supported by this funding have reduced suicide risk by 50%, improved school attendance, and increased staff-student engagement.

Despite this success, on April 29, 2025, the Department of Education issued boilerplate notices discontinuing the grants based on vague and unsupported claims of conflict with current policy priorities. The coalition lawsuit argues this violates federal law, including the Administrative Procedure Act and statutory protections under the Safer Communities Act.

New Mexico and other plaintiff states are asking the U.S. District Court for the Western District of Washington to block the cuts and require the Department to honor its commitments.

Joining New Mexico in the lawsuit are the attorneys general of California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, New York, Nevada, Oregon, Rhode Island, and Wisconsin.

Complaint