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national education association
Groups Sue Trump for Dismantling Education Department 'By Executive Fiat'
"Education is power," said one advocate. "The forceful elimination of thousands of essential workers will harm the most vulnerable in our communities."
Mar 24, 2025
The nation's largest labor union, representing more than 3 million educators, is among several groups that filed a lawsuit against the Trump administration Monday to demand a federal court "immediately halt the government's attempt to dismantle" the U.S. Department of Education—warning that the move by President Donald Trump is clearly illegal and "puts at risk the millions of vulnerable students."
The National Education Association (NEA) said it is joining the National Association for the Advancement of Colored People (NAACP), AFSCME Maryland Council 3, and several public school parents in suing the administration days after Trump signed an executive order calling on Education Secretary Linda McMahon to take "all necessary steps to facilitate the closure of the Department of Education."
That directive followed the slashing of roughly half of the workforce at the Department of Education and the termination of $1.5 billion in contracts and grants for educational programs that had already been approved by Congress, and came a day before the president announced that $1.8 trillion in student loan debt would be overseen by the Small Business Administration instead of the DOE, while the Health and Human Services Department will direct programs for students with disabilities.
The administration has insisted the DOE is rife with "bureaucratic bloat" and waste—the same accusations Trump and his billionaire ally, Elon Musk of the so-called Department of Government Efficiency, have lobbed at programs like Social Security, Medicaid, and other services for low-income and working Americans as they've sought to secure $4.5 trillion in permanent tax cuts for the richest Americans.
The steps the administration has taken against the DOE "constitute a de facto dismantling of the department by executive fiat," reads the complaint filed Monday, noting that "the Constitution gives power over 'the establishment of offices [and] the determination of their functions and jurisdiction' to Congress—not to the president or any officer working under him."
"America's educators and parents won't be silent as Donald Trump, Elon Musk, and Linda McMahon try to steal opportunities from our students, our families, and our communities to pay for tax cuts for billionaires."
The attempted closure of the DOE is the latest of several actions taken by the Trump administration that violate the Constitution, said the NEA, because the department is a "congressionally created federal agency" and its dismantling "requires congressional approval."
Federal courts have blocked Trump's attempt to freeze federal grants and loans, noting that the president cannot halt funding that has been appropriated by Congress, and his deportation of Venezuelan immigrants to El Salvador under the Alien Enemies Act after opponents argued in court that Trump was "trying to write Congress' limits out of the act."
Aaron Ament, president of the Student Defense and Education Law Center, which is representing the plaintiffs in the lawsuit filed Monday, noted that McMahon "has acknowledged they can't legally shut down the Department of Education without Congress."
"Yet that is, for all intents and purposes, exactly what they are doing," said Ament, "a brazen violation of the law that will upend the lives of countless students and families."
Advocates have warned that while state and local governments oversee the vast majority of the U.S. public education system, shutting down the DOE jeopardizes funding an support for students who have disabilities, live in rural areas, and face discrimination.
It would also make it "impossible for the department to ensure that federal education funding actually is spent as Congress intended" and could "reduce access to Pell Grants, upend repayments for student loan borrowers, and invite fraudulent and predatory behavior from unscrupulous institutions of higher education," said the NEA.
The union's president, Becky Pringle, said Monday that "gutting the Department of Education will hurt all students by sending class sizes soaring, cutting job training programs, making higher education more out of reach, taking away special education services for students with disabilities, and gutting student civil rights protections."
"America's educators and parents won't be silent as Donald Trump, Elon Musk, and Linda McMahon try to steal opportunities from our students, our families, and our communities to pay for tax cuts for billionaires," said Pringle. "Parents, educators, and community leaders know this will widen the gaps in education, which is why we will do everything in our power to protect our students and their futures."
Derrick Johnson, president and CEO of the NAACP, said Trump's overarching goal in dismantling the DOE is "deliberately destroying the pathway many Americans have to a better life."
"Education is power," said Johnson. "The forceful elimination of thousands of essential workers will harm the most vulnerable in our communities. The NAACP and our partners are equipped with the necessary legal measures to prevent this unlawful attack on our children's future."
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Teachers Say 'See You In Court' as Trump Tries to Abolish Department of Education
"We won't be silent as anti-public education politicians try to steal opportunities from our students, our families, and our communities to pay for tax cuts for billionaires," said the head of the nation's largest labor union.
Mar 20, 2025
Update:
U.S. President Donald Trump signed an executive order on Thursday afternoon directing Education Secretary Linda McMahon to begin the process of shutting down the Department of Education.
"Hopefully she will be our last secretary of education," Trump said of McMahon, promising to "find something else" for the billionaire businesswoman to do.
Sunrise Movement, the youth-led climate campaign, responded to Trump's move by announcing a Friday "study-in" outside Department of Education headquarters in Washington, D.C.
BREAKING: Students announce a "Study-In" at the Department of Education. If Trump and Musk want to abolish the Department of Education and destroy our futures, they'll have to go through us. Join us tomorrow starting at 10am.
[image or embed]
— Sunrise Movement (@sunrisemvmt.bsky.social) March 20, 2025 at 12:50 PM
Earlier:
As U.S. President Donald Trump prepares to sign an executive order Thursday directing officials to shut down the Department of Education, Democratic politicians, teachers and communities across the nation are vowing legal and other challenges to the move.
Trump is set to check off a longtime Republican wish list item by signing a directive ordering Education Secretary Linda McMahon to "take all necessary steps to facilitate the closure of the Department of Education and return education authority to the states."
Shutting down the department—which was created in 1979 to ensure equitable access to public education and employs more than 4,000 people—will require an act of Congress, both houses of which are controlled by Republicans.
"Trump and his Cabinet of billionaires are trying to destroy the Department of Education so they can privatize more schools."
Thursday's expected order follows the department's announcement earlier this month that it would fire half of its workforce. U.S. Sen. Bernie Sanders (I-Vt.) and more than three dozen Democratic senators condemned the move and Trump's impending Department of Education shutdown as "a national disgrace."
Abolishing the Department of Education is one of the top goals of Project 2025, the Heritage Foundation-led roadmap for a far-right takeover and gutting of the federal government closely linked to Trump, despite his unconvincing efforts to distance himself from the highly controversial plan.
U.S. Sen. Tina Smith (D-Minn.) called Trump's bid to abolish the Department of Education "more bullshit" and vowed to fight the president's "illegal behavior until the cows come home."
Sen. Chris Van Hollen (D-Md.) said on social media: "Trump and his Cabinet of billionaires are trying to destroy the Department of Education so they can privatize more schools. The result: making it even harder to ensure that ALL students have access to a quality education. Another outrageous, illegal scam. We will fight this."
New Jersey Attorney General Matt Platkin, a Democrat,
warned that "ending the U.S. Department of Education will decimate our education system and devastate families across the country."
"Support for students with special needs and those in rural and urban schools will be gone," he added. "We will stop at nothing to protect N.J. and fight this reckless action."
Becky Pringle, president of the National Education Association (NEA)—the nation's largest labor union—said in a statement Thursday that "Donald Trump and Elon Musk have aimed their wrecking ball at public schools and the futures of the 50 million students in rural, suburban, and urban communities across America, by dismantling public education to pay for tax handouts for billionaires."
Musk—the de facto head of the Department of Government Efficiency (DOGE)—is the world's richest person. Trump and McMahon are also billionaires.
"If successful, Trump's continued actions will hurt all students by sending class sizes soaring, cutting job training programs, making higher education more expensive and out of reach for middle-class families, taking away special education services for students with disabilities, and gutting student civil rights protections," Pringle warned.
"This morning, in hundreds of communities across the nation, thousands of families, educators, students, and community leaders joined together outside of neighborhood public schools to rally against taking away resources and support for our students," she continued. "And, we are just getting started. Every day we are growing our movement to protect our students and public schools."
"We won't be silent as anti-public education politicians try to steal opportunities from our students, our families, and our communities to pay for tax cuts for billionaires," Pringle added. "Together with parents and allies, we will continue to organize, advocate, and mobilize so that all students have well-resourced schools that allow every student to grow into their full brilliance."
The ACLU is circulating a petition calling on Congress to "save the Department of Education."
"The Department of Education has an enormous effect on the day-to-day lives of students across the country," the petition states. "They are tasked with protecting civil rights on campus and ensuring that every student—regardless of where they live; their family's income; or their race, sex, gender identity, or disability—has equal access to education."
Randi Weingarten, president of the American Federation of Teachers,
responded to Trump's looming order in four words: "See you in court."
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'Project 2025 in Action': Trump Administration Fires Half of Education Department Staff
"Trump and Elon Musk have aimed their wrecking ball at public schools and the futures of the 50 million students."
Mar 12, 2025
The Trump administration on Tuesday took a major step toward dismantling the U.S. Department of Education by firing roughly half of the agency's workforce, a decision that teachers' unions and other champions of public education said would have devastating consequences for the nation's school system.
The department, now led by billionaire Linda McMahon, moved swiftly, terminating more than 1,300 federal workers on Tuesday including employees at the agency's student aid and civil rights offices.
Sheria Smith, president of AFGE Local 252, which represents Education Department workers, pledged in a statement to "fight these draconian cuts." The union toldNPR minutes after the statement was issued that Smith, an attorney with the Education Department's Office for Civil Rights, was laid off.
The Education Department said the mass staffing cuts would affect "nearly 50%" of the agency's workforce and that those impacted "will be placed on administrative leave beginning Friday, March 21st."
In a press release, McMahon declared that the workforce cuts reflect the department's "commitment to efficiency, accountability, and ensuring that resources are directed where they matter most: to students, parents, and teachers."
But critics, including a union that represents more than 3 million education workers nationwide, said the firings underscore the Trump administration's commitment to gutting public education in the interest of billionaires pushing tax cuts and school privatization.
"Trump and Elon Musk have aimed their wrecking ball at public schools and the futures of the 50 million students in rural, suburban, and urban communities across America by dismantling public education to pay for tax handouts for billionaires," said Becky Pringle, president of the National Education Association.
"The real victims will be our most vulnerable students," Pringle added. "Gutting the Department of Education will send class sizes soaring, cut job training programs, make higher education more expensive and out of reach for middle-class families, take away special education services for students with disabilities, and gut student civil rights protections."
"We will not sit by while billionaires like Elon Musk and Linda McMahon tear apart public services piece by piece."
Randi Weingarten, president of the American Federation of Teachers, said in a statement that "denuding an agency so it cannot function effectively is the most cowardly way of dismantling it."
"The massive reduction in force at the Education Department is an attack on opportunity that will gut the agency and its ability to support students, throwing federal education programs into chaos across the country," she continued. "This move will directly impact the 90% of students who attend public schools by denying them the resources they need to thrive. That's why Americans squarely oppose eliminating the Education Department. We are urging Congress—and the courts—to step in to ensure all students can maintain access to a high-quality public education."
The Education Department purge came days after news broke that President Donald Trump was preparing an executive order aimed at completely shuttering the agency—a move that would legally require congressional approval.
Lee Saunders, president of the American Federation of State, County and Municipal Employees, said late Tuesday that the Education Department firings "are Project 2025 in action, and they have one goal—to make it easier for billionaires and anti-union extremists to give themselves massive tax breaks at the expense of working people."
"Today's announcement from the Department of Education is just the beginning of what's to come," Saunders warned. "These layoffs threaten the well-being and educational opportunities for millions of children across the country and those seeking higher education. The dedicated public service workers at public schools, colleges, and universities deserve better. Elections may have consequences, but we will not sit by while billionaires like Elon Musk and Linda McMahon tear apart public services piece by piece. We will keep speaking out and finding ways to fight back."
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