The U.S. Department of Education's plans to move core programming to other agencies is illegal and harmful to K-12 and higher education students, educators and families, according to an amended lawsuit filed Tuesday.
Brought forth by a broad coalition of school districts, employee unions and a disability rights organization, the amended complaint seeks to halt the outsourcing of Education Department programs.
“Taking away the services and supports students rely on will irreparably hurt children, families, educators, schools, and communities, in states across the nation," said a Tuesday statement by Democracy Forward, which is representing the plaintiffs in the case. "The Department of Education offers important support to educators and communities throughout the nation and the unlawful attempts to shut down the Department are nothing less than an abandonment of the future of our country."
In a statement emailed to K-12 Dive on Wednesday, Madi Biedermann, deputy assistant secretary for communications at the Education Department, said, "It’s no surprise that blue states and unions care more about preserving the DC bureaucracy than about giving parents, students, and teachers more control over education and improving the efficient delivery of funds and services.”
On Nov. 18, the Education Department announced it was developing interagency agreements with other federal agencies to support six programs, including with the U.S. Department of Labor to handle the management of about $28 billion in K-12 funding for low-income school districts, homeless youth, migrant students, academic support, afterschool programs, districts receiving Impact Aid and other activities.
Another interagency agreement places about $3.1 billion in institution-based grants for postsecondary education programming at the Labor Department.
The moves add to a partnership the Education Department created with the Labor Department earlier this year to take over the management of federal career and technical assistance programs. Democratic lawmakers, during a Nov. 19 House Education and Workforce subcommittee hearing, said several state CTE programs ran into funding delays due to a new grant management process at the Labor Department.
While the Education Department does not yet have formal plans to move the management of special education, civil rights enforcement and federal student aid out of the agency, those options are still being explored, a senior department official said during a press call on Nov. 18.
Even when programming shifts under the interagency agreements, the Education Department would still be the agency responsible for these programs, with the partner agencies taking on much of the daily operations.
The Trump administration has said the continual downsizing of the Education Department is meant to reduce federal bureaucracy and give states more autonomy over spending allocations.
During a White House press conference Nov. 20, U.S. Education Secretary Linda McMahon said there's been a "hard reset" of the country's educational system. "That reset was a campaign promise from President Trump to send education back to the states and end Washington's micromanagement of education once and for all," McMahon said.
Critics, however, say the disruptions from shifting agency responsibilities, along with Education Department staff reductions and delays in grant funding, is causing havoc for K-12 and higher education systems.
The updated complaint in Somerville v. Trump, which was consolidated with New York v. McMahon, was brought against the Education Department by groups of states, school districts and teacher unions. The Arc of the United States is now an additional plaintiff in the case.
The cases were heard earlier this year before district and appeals courts, which issued and upheld injunctions blocking the administration’s actions. In July, the U.S. Supreme Court granted the Trump administration's request for a stay allowing the changes at the Education Department to take place for now.
