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Direct Services

Our team provides free direct legal services and support or matches clients with pro bono advocates, ensuring they have a partner standing with them, their families,  and our communities as they pursue justice.

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Policy Advocacy

We address the root causes of inequities in our society by advocating for inclusive policy solutions in collaboration with grassroots coalitions and the communities most impacted by systemic oppression.

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Impact Litigation

We pursue groundbreaking legal strategies that promote economic and social justice for low-income communities and communities of color across the nation.

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Pro Bono Partnerships

Since its inception, Public Counsel has relied upon pro bono attorneys, law students, paralegals, and other legal professionals to partner with us to support clients, take on high-impact cases, and strengthen our advocacy efforts.

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Social Work Integration

Public Counsel values an interdisciplinary approach to law and social work that strengthens trauma-informed legal advocacy and advances effective outcomes across its work. 

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Resource Library

Popular Resources

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FAQsGuide

02/10/26

Know Your Rights as a Child Care Business

This Know Your Rights guide explains California child care providers’ legal authority to control access to their facilities, including who may enter, when recording is prohibited, and how to respond...

Learn More

Report

01/28/26

Who Has The Power: Chronicling Los Angeles County’s Systemic Failures to Educate Incarcerated Youth

Los Angeles County officials often dismiss concerns raised by and on behalf of young people, claiming that the education-related issues for detained youth are not systemic. This report seeks to...

Learn More

GuideToolkit

01/24/26

Ensuring Family Connection: A Guide to Representing Parents in Probate Guardianships

Probate guardianships are often treated as private custody disputes, yet in practice they can resemble quasi-dependency cases—with serious and lasting consequences for parents, including suspension of parental rights and loss...

Learn More

How We Work

See All

Direct Services

Our team provides free direct legal services and support or matches clients with pro bono advocates, ensuring they have a partner standing with them, their families,  and our communities as they pursue justice.

Learn More

Policy Advocacy

We address the root causes of inequities in our society by advocating for inclusive policy solutions in collaboration with grassroots coalitions and the communities most impacted by systemic oppression.

Learn More

Impact Litigation

We pursue groundbreaking legal strategies that promote economic and social justice for low-income communities and communities of color across the nation.

Learn More

Pro Bono Partnerships

Since its inception, Public Counsel has relied upon pro bono attorneys, law students, paralegals, and other legal professionals to partner with us to support clients, take on high-impact cases, and strengthen our advocacy efforts.

Learn More

Social Work Integration

Public Counsel values an interdisciplinary approach to law and social work that strengthens trauma-informed legal advocacy and advances effective outcomes across its work. 

Learn More

Popular Resources

See All

FAQsGuide

02/10/26

Know Your Rights as a Child Care Business

This Know Your Rights guide explains California child care providers’ legal authority to control access to their facilities, including who may enter, when recording is prohibited, and how to respond...

Learn More

Report

01/28/26

Who Has The Power: Chronicling Los Angeles County’s Systemic Failures to Educate Incarcerated Youth

Los Angeles County officials often dismiss concerns raised by and on behalf of young people, claiming that the education-related issues for detained youth are not systemic. This report seeks to...

Learn More

GuideToolkit

01/24/26

Ensuring Family Connection: A Guide to Representing Parents in Probate Guardianships

Probate guardianships are often treated as private custody disputes, yet in practice they can resemble quasi-dependency cases—with serious and lasting consequences for parents, including suspension of parental rights and loss...

Learn More

Education Equity

Challenging the Federal Government’s Unlawful Discontinuation of Critical School-Based Mental Health Grants

Overview
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Case Overview

our Client

Every student deserves access to a supportive school environment and the mental health care needed to thrive in and out of the classroom. Nowhere is this need more urgent than in the McKinleyville Union School District, located in Humboldt County—home to California’s highest rate of Adverse Childhood Experiences, with 58% of students experiencing traumatic events like abuse or homelessness before they turn 18. This reality is reflected in extraordinarily high suicide rates, widespread substance abuse, and family instability—factors that create significant barriers to learning without mental health supports and intervention.

Rural communities like McKinleyville, which also has a significant Native population, are on the frontlines of the national youth mental health crisis, yet too often, resources are scarce. There is a critical shortage of pediatric psychologists and psychiatrists in the region, and waitlists for counseling and other mental health treatments can stretch for months. Even families with private insurance often struggle to find a clinician. For those who do secure an in-person appointment, travel to a provider within Humboldt County can take several hours. For many students, school may be the only place they can access mental health support.

Recognizing this acute need, and following the 2018 Parkland school tragedy, Congress created the School-Based Mental Health Service Grant Program to ensure that schools could proactively support students’ mental health and prevent violence and suicide. In 2024, McKinleyville Unified School District—together with a countywide consortium—was awarded a five-year, $7 million grant to build a network of care for students. With these funds, McKinleyville would be able to bring on additional mental health professionals, a support coach, and a dedicated project director—a transformative expansion for a district that previously had only one counselor for 850 students.

But only months into the program, the federal Department of Education, under the new Trump Administration, abruptly announced that the grant would be discontinued without any review of the District’s performance—violating both the grant’s terms and the U.S. Constitution. This arbitrary and capricious action will force the district to lay off new staff, shut down critical supports, and leave some of California’s most vulnerable students without access to the care they desperately need.

In October 2025, Public Counsel, Morrison Foerster, and the California Tribal Families Coalition joined forces to represent McKinleyville Unified School District and file suit in federal court. The lawsuit seeks to enjoin the Department of Education from discontinuing this critical mental health grant in violation of federal law, gutting the support that McKinleyville’s students—and countless students in rural districts nationwide—depend on.

Across the country, low-income, rural, and Native students are too often treated as unworthy of meaningful educational opportunities and denied the resources needed to break cycles of trauma. The cost of the federal government’s actions is measured in preventable tragedies and deepening inequity. Our suit demands only that the federal government follow the law, thereby ensuring that children in every community can access the mental health services they need to learn, grow, and thrive.

Court

U.S. District Court for the Northern District of California

Status

Filed

Case No.

4:25-cv-09105

Filed

10/22/2025 

Case Developments

UPDATE

01/08/2026

McKinleyville Receives Interim Grant Award Pending Litigation

Pursuant to court order in State of Washington, et al., v. U.S. Department of Education, et al., (W.D. Wash 2:25-cv-01228-KKE), the Department of Education issued McKinleyville an interim grant award for five weeks while grant continuation decisions are pending. Due to the relief ordered in the State of Washington case, the District Court denied Plaintiffs’ Motion for Preliminary Injunction, inviting McKinleyville to renew the request for preliminary relief if it becomes necessary.

Filing

11/20/2025

Plaintiff Files Motion for Preliminary Injunction

Supported by testimony from school administrators, mental health experts, and local Tribal leaders, McKinleyville Union School District asked the Court to issue preliminary relief to prevent irreparable harm to the District and its students. Plaintiff requested that the Court enjoin Defendants from implementing the Non-Continuation Decision and order Defendants to engage in statutorily prescribed decision-making process regarding continuation of grant funding. 

PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION

Filing

10/23/2025

Plaintiff Files Complaint

McKinleyville Union School District filed a lawsuit against the Department of Education to protect students’ access to mental health services.

Complaint