ED conditions restored NYC magnet grants on "Gender Ideology" executive orders; NYC sues again

Funding actionED

Date
Actor
Department of Education
Type
Funding action
Section
DEPARTMENT OF EDUCATION

Summary

Purporting to comply with the April 8, 2026 order vacating the NYC MSAP defunding, ED issued zero-dollar and then drastically reduced grant award notifications (June 9, 2026) covering only the final three months of FY2026 ($497,869-$750,000 per project against multi-million-dollar awards), and attached conditions requiring compliance with EO 14168 and EO 14190 and DOJ's July 29, 2025 anti-discrimination funding guidance (see section 3). The court had already ordered enforcement compliance on June 4, 2026; NYC moved twice to enforce and, on July 31, 2026, filed a second suit (S.D.N.Y. No. 1:26-cv-06584) to vacate the June 9 GANs and bar Title IX-premised conditions imposed without Title IX procedures.

Status

Second suit pending; enforcement motions in the first action pending; the administrative record ED produced July 20, 2026 contained, per NYC, no lawful explanation for the reduced awards. Update, Sept. 23, 2026: On Aug. 28, 2026, the court (Subramanian, J.) issued a temporary restraining order in the second suit barring the Department from withholding at least $11,754,296 in Magnet School Assistance Program funds for five identified grants (S165A220032, S165A220034, S165A220037, S165A230011, S165A230012), initially set to expire Sept. 21, 2026 (S.D.N.Y. No. 1:26-cv-06584, ECF 31); the docket shows continued activity through Sept. 23, 2026, but available records do not confirm whether the TRO was further extended to Sept. 25 or a hearing was held that week, as the first pass claimed.

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