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Advocacy and labor groups on Monday filed a lawsuit to stop President Trump’s executive order to dismantle the Department of Education, saying the move is unconstitutional and will hurt students.
The National Education Association; the NAACP; the American Federation of State, County and Municipal Employees Maryland Council 3; and a group of public school parents are asking a federal judge to “immediately halt” the administration’s attempt to shutter the department, they said in a statement.
The lawsuit alleges that Mr. Trump overstepped his constitutional authority and violated the Administrative Procedure Act, asserting that the Education Department was created by Congress and cannot be dismantled by a president.
“Taken together, defendants’ steps since January 20, 2025, constitute a de facto dismantling of the Department by executive fiat …” the complaint states. “But the Constitution gives power over ‘the establishment of offices [and] the determination of functions and jurisdiction’ to Congress — not the President or any officer working under him.’ Because it is a Congressionally-created federal agency, legally eliminating the Department of Education, or its constituent offices, or transferring them to other federal agencies requires Congressional approval.”
Mr. Trump does not have the authority to close a Cabinet-level department. That would require a 60-vote majority in the Senate, which he is unlikely to achieve given the GOP’s slim control of the upper chamber. Much of the Education Department’s primary responsibilities, such as administering student loans and providing grants to students with disabilities, have been codified by Congress.
“The NEA and NAACP have done nothing to advance the educational outcomes of America’s students and the latest NAEP scores prove that. Instead of playing politics with baseless lawsuits, these groups should ditch the courtroom and work with the Trump administration and states on improving the classroom,” White House spokesperson Harrison Fields said in a statement.
SEE ALSO: Federal judge rules DOGE broke privacy rules in accessing Education Department files
The lawsuit comes days after Mr. Trump signed an executive order directing Education Secretary Linda McMahon to take all steps within her authority to slash the agency’s workforce and limit its scope.
Mr. Trump said he would shift the Education Department’s student loan program to the Small Business Administration and programs for students with disabilities and nutrition programs to the Department of Health and Human Services.
Earlier this month, the department announced it had laid off more than 1,300 employees, which prompted a lawsuit from 21 Democratic state attorneys general who say the firings impede the agency’s ability to carry out its main responsibilities.
Dismantling the department has long been a goal for Republicans since it was created by President Jimmy Carter in 1979. President Ronald Reagan had tried to cut it after taking office but was unsuccessful. Conservative ire for the department reached new heights under President Joseph R. Biden after it began forgiving student loans, bungled the rollout of new financial aid forms and expanded rules to accommodate transgender students in sports.
The Education Department has about 4,500 employees, making it one of the smallest Cabinet-level agencies. It is responsible for distributing federal financial aid and collecting and disseminating data related to schools. It also enforces non-discrimination policies in schools. The money it distributes to schools accounts for less than 10% of the nation’s public school funding, which is primarily secured by state and local taxes.
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