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A Bailey’s Crossroads early childhood education center is struggling to plan for its future after a federal funding freeze delayed payments, even as judges ordered the Trump administration to release the money.

Sen. Tim Kaine visited Higher Horizons on Friday, Feb. 7, to hear from employees and educators about the disruption affecting Head Start providers. The nonprofit serves about 300 low-income children and families in Fairfax County through early education, health screenings and social services.

The White House directive paused federal grants and loans while the administration reviewed whether spending aligned with its policy goals. A judge blocked the directive on Jan. 29 while a lawsuit brought by affected nonprofits proceeds, but some organizations continued waiting for payments.

On Monday, a federal judge in Rhode Island ruled that the administration had violated the earlier order by continuing to improperly withhold federal funds. The judge ordered an immediate end to the freeze pending consideration of a lawsuit filed by several states, calling the sweeping pause likely unconstitutional and responsible for ongoing, irreparable harm across the country.

Delayed payments strain Head Start providers

Kathleen Havey, senior director of policy for the National Head Start Association, said during a roundtable at Higher Horizons that roughly 50 programs nationwide still could not access their funding as of the previous night. Together, those programs serve approximately 20,000 children in 22 states.

Higher Horizons receives money from the U.S. Department of Health and Human Services’ Office of Head Start and the Fairfax County Office for Children. Its county support remained steady, but Executive Director Leticia Howze said the interruption to federal payments caused immediate alarm.

Head Start providers do not receive their full annual grants upfront. Instead, they withdraw awarded money through the federal Payment Management System as expenses arise. When that system became inaccessible, organizations had to find other ways to meet payroll, maintain operations and continue essential services.

Higher Horizons had enough reserves to avoid immediate layoffs or closure. Still, Howze said its leaders reviewed which expenses they could suspend without cutting staff or shutting their doors to children and families.

The uncertainty also complicates longer-term decisions, including lease renewals and the hiring of additional teachers. Elsewhere in the country, some Head Start providers considered temporary closures or employee furloughs.

Fairfax schools also face federal uncertainty

The grant dispute is among several recent White House actions raising questions for local nonprofits and public institutions that depend on federal support.

Fairfax County Public Schools received $168 million in federal funding for fiscal year 2025. The money supports special education, Title I schools, multilingual learners and school meals, with $58.2 million allocated to Food and Nutrition Services.

Future school funding could be affected by the broader grant fight and by an executive order President Donald Trump signed on Feb. 5. That order directed the U.S. Department of Education to identify school districts that allow transgender athletes to compete in ways the administration considers inconsistent with Title IX.

The NCAA quickly changed its college sports policy, while many organizations overseeing high school athletics at the state level indicated they would retain their existing rules or wait for further developments.

FCPS did not explicitly say it would disregard the order. The school system said its policies allowing students to use facilities and participate in programs consistent with their gender identity comply with state and federal anti-discrimination laws, binding court precedent and Virginia High School League guidance.

A district spokesperson said FCPS remains committed to a safe, welcoming and inclusive environment, including for transgender and gender-expansive students and employees.

Kaine challenges White House authority

Kaine, a member of the Senate Budget Committee, argued that withholding or delaying money approved by Congress violates the Congressional Budget and Impoundment Control Act of 1974. The law restricts the executive branch’s ability to unilaterally hold back congressionally authorized funding.

He said Republicans, who control both chambers of Congress, could pursue spending cuts through legislation. In Kaine’s view, the administration resorted to executive action because the president was not confident congressional Republicans would support the proposed reductions.

With congressional budget discussions expected to begin that week, Kaine urged educators and parents to keep contacting lawmakers and pressing them to protect Head Start and similar programs.