Broad Coalition Highlights Abandonment of Children in America, Threats Posed to Children with Intellectual and Developmental Disabilities

Boston, Mass – A coalition of educators, school districts, unions, and an advocacy organization for people with disabilities, have filed an amended complaint in their challenge to President Trump’s unlawful attempts to dismantle the U.S. Department of Education (Department), to reverse the mass firings at the Department and movement of core programs and funds to federal agencies with either no expertise in education or lack of capacity. The Trump-Vance administration continues its efforts to weaken and eliminate crucial services and support to students, families, teachers, and schools across America. The updated complaint adds leading disability rights organization, The Arc of the United States, as an additional plaintiff in the case, and includes supplemental information about how the proposed shuttering of the Department will directly imperil support and services needed by students. 

The updated complaint comes in a case, Somerville v. Trump (now consolidated with New York v. McMahon), which was first brought by the Somerville Public School Committee, Easthampton School District, American Federation of Teachers (AFT), AFT Massachusetts, AFSCME Council 93, American Association of University Professors, and Service Employees International Union earlier this year. The coalition is represented by Democracy Forward in the matter. 

The coalition released the following statement regarding today’s updated complaint:

“Taking away the services and supports students rely on will irreparably hurt children, families, educators, schools, and communities, in states across the nation. 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. While the administration suggests that many programs will continue under other federal agencies, this upheaval will cause significant harm to the families who rely on them. We will never stop fighting on behalf of all students and public schools and the protections, services, and resources they need to thrive, and we are enthusiastic and optimistic about moving forward with this case.” 

The Department of Education, which was established by Congress in 1979 to ensure equal access to education, administers over 50 statutes aimed at supporting diverse student populations, including those with disabilities, students in underfunded and rural schools, those seeking vocational training, and individuals requiring financial aid for higher education. The lawsuit argues that 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.  

From distributing funds to helping schools educate students with disabilities, to providing support and assistance to parents and families, protecting students’ civil rights, and making sure higher education is affordable for students, the Department’s work is essential to the success of students. 

Both a district and appellate court issued and upheld injunctions blocking the administration’s actions earlier this year, but in July, the U.S. Supreme Court granted the government’s request for a stay, lifting the two lower courts’ decisions that had blocked mass firings and the unlawful elimination of many of the Department’s crucial offices. 

In addition to the mass layoffs, a presidential Executive Order and other administration statements have described the intent to close the Department and move Department programs and offices. Last week, the Department announced plans to move more than 100 programs – all centered on educational attainment and affecting school districts serving low income students, teacher training, Native American students, technical and career education, English language learning, post-graduate study abroad – to the Departments of Labor, Health & Human Services, State, and the Interior which have either no relevant expertise or lack the necessary resources. This comes as the administration has come under fire for their clumsy move of another program from the Department.

The legal team at Democracy Forward on this case includes Rachel Homer, Kali Schellenberg, Will Bardwell, Elena Goldstein, Victoria Nugent, Adnan Perwez, Shiva Kooragayala, and Paul Wolfson.

Read the full amended complaint here.

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Democracy Forward Foundation is a national legal organization that advances democracy and social progress through litigation, policy, public education, and regulatory engagement. For more information, please visit www.democracyforward.org.