Effective education systems do not exist in a vacuum. They require support from state and federal governments to ensure compliance with laws, fund innovation, support research and development, among other goals. Each level of the system plays a role in achieving the shared goal of ensuring students receive the highest quality education that prepares them for success upon graduation.
The US Department of Education (USED) was established by Congress to “promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access.” It is the backstop intended to ensure access to equal educational opportunity for every individual. USED’s ability to effectively deliver on that promise is now under threat, leaving our most vulnerable students at the greatest risk of harm.
Supreme Court Ruling in New York v. McMahon
In March, the Trump administration initiated a reduction in force (RIF) impacting nearly 50% of the USED’s workforce, reducing the USED staff from 4,144 to approximately 2,183 employees. In response, 19 states and a coalition of school districts and unions brought a lawsuit challenging the firings. A federal district judge in Massachusetts issued an injunction temporarily halting the layoffs of employees who had been terminated as a result of the RIF because he believed that the Trump administration’s “true intention is to effectively dismantle the Department,” which is an act that would require Congressional approval. The U.S. Court of Appeals for the First Circuit agreed with the lower court’s opinion that the deep staffing cuts have made it “effectively impossible for the Department to carry out its statutory functions.” The Trump administration brought the issue to the Supreme Court asking them to put the lower court’s order on hold.
On July 14, the Supreme Court granted the Trump administration’s request to temporarily pause the order and sent the issue back to the lower courts to continue the litigation. It did not rule on the merits of the plaintiff’s case, it simply said the RIF could take effect while the lawsuit proceeds, a process with an uncertain, but likely lengthy timeline. The impact of that decision is that over 1,000 employees were immediately fired even as the lawsuit moves forward.
The Supreme Court’s decision came as a short unsigned ruling. Justice Sonia Sotomayor, joined by Justices Elena Kagan and Ketanji Brown Jackson, wrote a 19-page dissenting opinion. It states in part, “. . . this Court now intervenes, lifting the injunction and permitting the Government to proceed with dismantling the Department. That decision is indefensible. It hands the Executive the power to repeal statutes by firing all those necessary to carry them out. The majority is either willfully blind to the implications of its ruling or naive, but either way the threat to our Constitution’s separation of powers is grave.”
Devastating Impact on Students and Families
These USED staffing cuts will ripple through the education system, ultimately hitting students and families the hardest. Programs that are most severely impacted by the staffing reductions include those that are intended to:
- Protect students’ rights. The stated mission of the Office of Civil Rights (OCR) is “to ensure equal access to education and to promote educational excellence throughout the nation through vigorous enforcement of civil rights.” As part of the RIF, many attorneys who investigate complaints from parents and families who believe a school has discriminated against their child have been let go. From March through July 8, OCR has dismissed 3,625 of the 5,164 civil rights complaints. According to some advocates this is an example of USED falling behind on its obligations to protect vulnerable students.
- Support students’ access to post-secondary education. The Office of Federal Student Aid (FSA) is responsible for administering the federal student loan portfolio. Millions of students rely on federal support to attend college and look to FSA to access these resources. Reports estimate that approximately 727 FSA employees – almost half – were let go due to the RIF, the termination of probationary staff, and those who took early retirement.
- Provide high-quality research and data. The Institute of Education Sciences (IES) provides critical, cutting-edge research to ensure we maintain a leading global role in education and workforce preparation. The research and data inform the work of educators across the nation, helping to ensure we are consistently interrogating what works best for our students and how we can continue to improve teaching and learning. In February, the Department of Government Efficiency made deep cuts to the research division. The RIFs further reduced the number of staff at IES, making it significantly more difficult to maintain an effective research strategy.
These programs exist to ensure all students have access to a high-quality education free from discrimination. They protect our most vulnerable students. These programs matter to students and families. When staff are cut, there is no one for schools, families and students to call for help, greatly diminishing USED’s ability to deliver on the promise of these programs. It is harder to protect a child from discrimination, harder for a student to access support so they can go to college, and harder to know if we are providing the best education to our students.
Where Do We Go from Here
The Supreme Court’s decision does not give the Trump administration permission to close USED. It does not determine whether these RIFs make it “effectively impossible for [USED] to carry out its statutorily mandated functions.” We will continue to watch this case as it moves through the litigation process and these legal questions are addressed.
In the meantime, the decision does have an immediate impact on the lives of students and families. We must continue to advocate for the students and families USED is intended to serve so we can deliver on our collective promise to ensure that every student receives a high-quality education that allows them to learn and thrive.
