Attorney General Kathy Jennings has won a court order stopping the Trump administration’s attempts to dismantle the federal Department of Education (DOE). On March 13, Attorney General Jennings joined a coalition of 20 other attorneys general in suing the administration after it announced plans to illegally eliminate 50 percent of DOE’s workforce. Following a March 20 Executive Order directing the closure of DOE and President Trump’s March 21 announcement that the Department must “immediately” transfer student loan management and special education services outside of the Department, Attorney General Jennings and the coalition sought a preliminary injunction to immediately stop the mass layoffs and transfer of services. On May 22, the U.S. District Court for the District of Massachusetts granted the preliminary injunction, halting the administration’s dismantling of DOE and ordering that all employees who were fired as part of the layoffs be reinstated.

That means that Delaware will continue to receive critical support from DOE.  For example, DEO will continue to process the Free Application for Federal Student Aid (the “FAFSA”) and applications for Pell grants, and Delaware high school students and their families will be able to get the support and information they need to complete the FAFSA.  Delaware students and educators facing discrimination on the basis of sex, race, or disability will now continue to be able to seek help from DOE’s Office Civil Rights.  DOE will continue to process federal adult education grants through the Office of Career Technical and Adult Education. The order also enables continued Federal support for Delaware teacher recruitment and mentorship programs.  DOE will continue to support programs that advance Delaware students’ expertise and competence in world languages and Delaware teachers who teach and conduct research on critical world regions, languages, and issues.

“Not content with wrecking our nation’s national security, economy, and social safety net, this administration decided that it needed to go after our student loan borrowers and special education programs, too,” said Attorney General Kathy Jennings. “Fortunately, this order – and the numerous others like it – affirm what anyone with an ounce of sense already knew: the power to fund or defund programs or departments rests with Congress, not with the presidency.”

Attorney General Jennings and the coalition noted in their lawsuit that the Trump administration’s attacks on DOE are illegal and unconstitutional. The DOE is an executive agency authorized by Congress, with numerous laws creating its various programs and funding streams; the executive branch does not have the legal authority to unilaterally dismantle it without an act of Congress. In addition, Attorney General Jennings and the coalition noted that DOE’s mass layoffs violate the Administrative Procedures Act.

Joining Attorney General Jennings in filing 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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