Derrick Johnson, President of NAACP
The plaintiffs, including the National Association for the Advancement of Colored People (NAACP), the National Education Association (NEA), and AFSCME Maryland Council 3, along with several public-school parents, argue that the administration has overstepped its constitutional authority by effectively shuttering the department without congressional approval. The lawsuit is supported by Student Defense and the Education Law Center (ELC).
According to court documents, the administration has implemented a series of staff reductions since January 20, culminating in a department-wide reduction in force on March 11 that has cut the agency's workforce by half. The lawsuit also cites the termination of $1.5 billion in contracts and grants for congressionally authorized programs.
On March 20, President Donald J. Trump signed an executive order directing Education Secretary Linda McMahon to “pursue all necessary steps to facilitate the closure of the Department of Education and return education authority to the States.” The following day, the administration announced plans to transfer the student loan portfolio to the Small Business Administration and move disability-related programs to the Department of Health and Human Services.
“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 their functions and jurisdiction' to Congress—not to the President or any officer working under him.”
Robert Kim, executive director of Education Law Center
Plaintiff Mara Greengrass, a Maryland parent of a child with disabilities, expressed concern about the impact on special education services. “Funding for special education and the Department's oversight have been crucial in ensuring my son receives the quality education he—and every child in this country—deserves,” she said.
