Teachers say Education Department dismantling defies Constitution

(CN) — Teachers unions and school districts sued the Trump administration on Monday over the president’s plans to dismantle the Department of Education.

President Donald Trump campaigned on closing the Department of Education to “move education back to the states where it belongs.” Last week, he signed an executive order to fulfill that promise, directing the Secretary of Education Linda McMahon to “take all necessary steps to facilitate the closure of the department.”

But according to a lawsuit filed Monday in the District of Massachusetts, Trump never had the power to make that call.

“Because the Department of Education was created by Congress — and mandated by Congress to operate various programs for the benefit of America’s students, parents, and schools — it cannot be eliminated by the president or the secretary of education,” the teachers and schools claim in the 62-page complaint.

Since only Congress can consent to shuttering the department, which was established in 1979, Trump overstepped his constitutional authority and violated the Administrative Procedure Act by trying to dismantle it, the groups say.

The seven named plaintiffs include teachers unions like the American Federation of Teachers and the American Association of University Professors, as well as two school districts in Massachusetts.

In addition to their constitutional concerns, the groups claim that stripping the Department of Education would cause “enormous harm” for both educators and students of all ages.

Ilana Krepchin chairs the Somerville, Massachusetts, school committee, one of the plaintiffs in the suit.

“From protecting students’ rights to expanding college access and ensuring support for students with disabilities, the Department of Education is a cornerstone of equitable public education,” Krepchin said in a statement. “Dismantling it would cause real harm — not only to our students and schools, but to communities across the country.”

The groups seek a judgment deeming Trump’s executive order unconstitutional and a preliminary injunction reversing actions McMahon took earlier this month to fire half of the Education Department’s workforce.

“The department’s staff help grantees apply for much-needed funds, review and process applications, disburse money to support students and schools across the nation, and provide technical assistance to support students, families, schools, and states,” the groups claim in the suit. “Dismantling the Department of Education, including by firing half of the department, will bring these and other activities to a halt, harming students, educators, and school districts across the country.”

Madi Biedermann, deputy assistant secretary for communications for the Department of Education, told Courthouse News on Monday that the Trump administration is working with Congress to lawfully “sunset” the department without slashing access to the many useful programs it supports.

“As President Trump and Secretary McMahon have made clear, sunsetting the Department of Education will be done in partnership with Congress and national and state leaders to ensure all statutorily required programs are managed responsibly and where they best serve students and families,” Biedermann said in a statement.

“To date, no action has been taken to move federally mandated programs out of the Department of Education. The U.S. Department of Education continues to deliver on all programs that fall under the agency’s purview, including vigilantly enforcing federal civil rights laws in schools and ensuring students with special needs and disabilities have access to critical resources.”

Biedermann pointed the finger at the teachers and schools pushing back on Trump’s plans.

“Instead of focusing on the facts and offering helpful solutions to improve student outcomes, the union is once again misleading the American public to keep their stranglehold on the American education bureaucracy,” Biedermann said. “The union is also forcing the Department to waste resources on litigation instead of the programs the union claims to care about and the kids this Administration is fighting for.”

Some of Trump’s allies in Congress have pledged to support the president’s goal, potentially giving Trump the constitutional support he needs to cut the department lawfully. Still, it’s a highly polarized issue, and one that is expected to spawn more lawsuits in its wake before a vote is held.

The Monday lawsuit is the latest of several dozen legal challenges to Trump’s controversial executive orders, many of which have been responsible for slashing thousands of federal jobs, as well as support for scientific research and educational directives.

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