Attorney General Kathy Jennings and 20 of her colleagues have filed a lawsuit to stop the Trump administration from dismantling the federal Department of Education.

Earlier this week, the Trump administration announced that the Department of Education would be firing approximately 50 percent of its workforce as part of its goal of a “total shutdown” of the Department. Jennings’ lawsuit, filed Thursday, seeks to stop the agency’s destruction and to ensure that it can continue to support millions of students’ education.

“The Trump administration is picking the pockets of those who can least afford it,” said AG Jennings. “This has never been about the budget: the entire Department of Education costs much less, and does far more good, than a single year of Trump’s tax cuts for Wall Street and the wealthy. This is about enriching people who have never set foot in a public school. It will devastate red states and blue states alike—and it’s illegal. We’re suing to stop it.”

“The devastating cuts that the Trump Administration is making to the U.S. Department of Education have nothing to do with efficiency or cost savings,” said Delaware State Education Association President Stephanie Ingram. “This is a full-scale assault on the American public education system and the critical programs that help all students – especially children living in poverty and students with disabilities – learn foundational reading and math skills. Our union of 14,000 dedicated public school educators is grateful for Attorney General Kathy Jennings and other elected leaders who are fighting back against billionaires like Donald Trump, Elon Musk, and Linda McMahon on behalf of the Delaware students, Delaware schools, and Delaware communities.”

Federal education programs serve nearly 50 million K-12 students and more than 12 million postsecondary students throughout the country. Students in rural communities, those from low-income families, and those with disabilities are some of the primary beneficiaries.

Federal education funds for special education include support for assistive technology for students with disabilities, teacher salaries and benefits, transportation to help children receive the services and programming they need, physical therapy and speech therapy services, and social workers to help manage students’ educational experience. The Department of Education supports students in rural communities with programs designed to help rural school districts that often lack the personnel and resources needed to compete for grants.

Dismantling the Department of Education would have devastating effects for Delawareans. The administration’s massive layoff would necessarily cripple the Department and render it unable to perform essential functions. Among those harmed most by cuts are students with special needs of critical resources and support; victims of discrimination and sexual assault who rely on the Department of Education’s Office of Civil Rights; and recipients of financial aid, who already face daunting costs for higher education before hampering their access to loans, Pell Grants, and work study programs.

The administration’s actions to dismantle the Department are illegal and unconstitutional. The Department is authorized by Congress, with numerous different laws creating its various programs and funding streams, and the Executive Branch does not have the legal authority to unilaterally incapacitate or dismantle it.

Joining AG Jennings on the lawsuit are the attorneys general of Arizona, California, Colorado, Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, Washington, Wisconsin, Vermont, and the District of Columbia.

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