A coalition of charter schools filed a lawsuit Monday against the U.S. Department of Education over the Biden Administration's new regulations related to how charter schools qualify for federal grants.

Michigan Association of Public School Academies and the Thomas B. Fordham Institute in Ohio filed the lawsuit in a federal court in Michigan, alleging the Department of Education is violating the 2015 expansion of the federal Charter Schools Program (CSP) by placing more eligibility requirements for schools applying for grants. 

"Unfortunately, the U.S. Department of Education is channeling the Administration’s apparent hostility towards charter schools into unconstitutional rulemaking, which will rob the neediest students of educational opportunity," the lawsuit read.

miguel cardona

During a House Education and Labor Committee hearing on the priorities of the Department of Education, first-term Rep. Mary Miller, R-Ill., asked Education Secretary Miguel Cardona about an educational material disseminated to students and their families entitled "Confronting Anti-LGBTQI+ Harassment in Schools." 

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The CSP has provided federal grants to state education agencies and other qualified applicants since 1994. In 2015, Congress reauthorized the CSP and maintained its $440 million funding in the Fiscal Year 2022 Omnibus Appropriations Bill. 

"At present, charter school laws enacted by 44 states and the District of Columbia have permitted 7,700 schools to serve 3.4 million students and 206,000 teachers nationwide," The Federalist Society reported.

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The Biden administration’s new regulation would require applicants to provide a "community impact analysis," including over-enrollment at existing public schools, and seek approval from existing public schools.

Other regulations include that applicants "must show that they are not serving too many students who are racial minorities," according to the Pacific Legal Foundation.

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Senior fellow at the American Federation for Children Corey DeAngelis told Fox News Digital that the Biden Administration waged war on parents with these charter school regulations.

"The Administration is protecting the teachers union monopoly at the expense of families - and using the heavy hand of the federal government to do so," DeAngelis said.

"These regulations are basically a kickback to the teachers unions who overwhelmingly back leftist politicians like Biden. 99.997% of the American Federation of Teachers campaign contributions, for example, have gone to Democrats in 2022 according to Open Secrets."

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Education Secretary Miguel Cardona

FILE: Education Secretary Miguel Cardona speaks during the 2022 National and State Teachers of the Year event in the East Room of the White House in Washington, April 27, 2022.  (AP Photo/Susan Walsh, File)

A new Gallup poll found that only 28% of Americans say they have a great deal or quite a lot of confidence in public schools, down from 41% in 2020, and 29% in 2019.