House Republicans investigate Education Dept for allegedly using COVID relief to fund critical race theory

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1776 Project campaigns to stop teaching of critical race theory in schools

Ryan Girdusky, founder of the 1776 Project PAC, rips critical race theory in public education and shares how his organization is fighting back against its rhetoric. 

EXCLUSIVE: House Republicans are launching an investigation into the Department of Education for allegedly allowing COVID-19 relief funds to pay for "racially biased" and other far-left programs in public schools.

House Committee on Oversight and Reform ranking member James Comer, R-Ky., and Education and Labor Committee ranking member Virginia Foxx, R-N.C., led a series of letters signed by 30 GOP lawmakers and sent Wednesday afternoon to Education Department Secretary Miguel Cardona and others.

"Republicans are investigating the use of COVID-19 relief dollars appropriated for virus mitigation and the safe reopening of schools," the lawmakers said in their letter. "Based on recent reports, the Department of Education is allowing Coronavirus Aid, Relief, and Economic Security (CARES) Act and related COVID relief funds to pay for racially biased and other progressive leftist programs."

They state that Congress allotted $13.2 billion in the CARES Act and $54.3 billion in the Coronavirus Response and Relief Supplemental Appropriations Act of 2021 for Elementary and Secondary School Emergency Relief (ESSER) funds, which were intended to enable schools to reopen safely after the pandemic and assess learning loss.

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Miguel Cardona speaks after his nomination for education secretary on Dec. 23, 2020, in Wilmington, Delaware. (Joshua Roberts/Getty Images)

An additional $122 billion was provided under the American Rescue Plan, President Biden's signature legislation, for school reopening and to "address the impact of the coronavirus pandemic on the Nation's students."

However, Republican lawmakers say that instead of using ESSER funds to address learning loss, some states, including California, New York and Illinois, are using those funds to "push progressive left causes."

The congressmen cite how California allegedly used ESSER funds for "LGBTQ+ cultural competency" trainings, New York used $9 billion to fund "equity warriors" development, and Illinois used over $5 billion to make "equity driven investments."

Residents of Loudoun County, Virginia, have helped make critical race theory part of the national conversation in 2021. (Reuters/Evelyn Hockstein)

The lawmakers also accuse at least 10 other states of having plans that include a "proposal to use the ESSER funds to implement racially biased curriculum and programs based on Critical Race Theory."

One Republican committee aide told Fox News Digital that despite there being no meaningful guardrails in the legislation, the use of the funds for equity and diversity falls outside of the law's intended purpose, which was to reopen schools and make up for lost learning.

The COVID relief legislation does include a final catchall provision allowing spending on "other activities necessary to maintain the operation of a continuity of services in local education agencies," which do not mention any certain trainings or curriculum.

Republicans are demanding all documents and communications related to the use of ESSER funds being used toward critical race theory, diversity, equity and inclusion and other racially biased trainings or programs, according to the letter.

President Joe Biden speaks on the cancer moonshot initiative at the John F. Kennedy Library and Museum, Monday, Sept. 12, 2022, in Boston. (AP Photo/Josh Reynolds)

The letters were sent to Cardona, Education Department Inspector General Sandra Bruce, New York State Department of Education Commissioner Betty Rosa, Illinois State Board of Education Superintendent Carmen Ayala, and California Department of Education Superintendent of Public Instruction and Director of Education Tony Thurmond.

A spokesperson for the Department of Education called the investigation a "partisan political attack."

"This is an absurd partisan political attack. COVID relief dollars were used to safely re-open schools and are currently being used to provide necessary academic and mental health supports and address equity issues to help students and families most impacted by the pandemic," said the spokesperson.

"The Department of Education has encouraged states to use ESSER funds for these purposes, and states and schools have done so all across the country, including in these members’ districts, despite the fact they voted against these critical school re-opening and recovery funds."

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Maria Clayton, director of the communications division for the California Department of Education called the investigation "factually inaccurate" and said the agency will be clarifying the use of the funds with the members of Congress on the letter.

"It is factually inaccurate that federal funds were used for that purpose. No federal ESSER dollars were spent in that way," she told Fox News Digital.

"I understand that these types of documents can be long and dense, but it is important not to misread or misconstrue this information or to perpetuate misinterpretations," Clayton continued. "What California has done is to spend federal COVID-19 recovery funds on mitigation measures and ways to help students recover from the pandemic. We have spent this money to mitigate learning loss-- with tutoring, after school and summer programming-- on mental health counselors and wellness programs for students and on ways to keep students connected with tablets and Wi-Fi hot spots."

The New York State Department of Education did not immediately respond to Fox News Digital's requests for comment.

The Illinois Department of Education confirmed that it used COVID-19 relief money for "equity" initiatives and that it is "troubling" that the Republicans are criticizing their action.

"Yes, equity drives all of our investments, especially our investments of federal pandemic relief funds into high-impact tutoring, closing the digital divide, summer and afterschool programs, and mental health community partnerships," responded Jackie Matthews, executive director of communications for the Illinois State Board of Education.

"Equity means providing all schools with the funding and supports they need for all students to meet high expectations -- which is a strange and troubling thing to see anyone criticize," she continued."

Cardona has previously denied that critical race theory is being taught in K-12 schools.