New York Attorney General Letitia James and 19 of her peers from other blue states on Thursday announced a federal lawsuit seeking to protect the U.S. Department of Education from elimination.
Department of Education Secretary Linda McMahon has previously stated her intent to eliminate the agency under Trump’s directive and move its functions to states or other federal agencies so that money that would otherwise be spent on the federal agency will instead go to classrooms.
The other plaintiffs include attorneys general from Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, Oregon, Rhode Island, Washington, Wisconsin, Vermont, and the District of Columbia.
In a news release, James said the Department of Education is critical to tens of millions of students.
“This administration may claim to be stopping waste and fraud, but it is clear that their only mission is to take away the necessary services, resources, and funding that students and their families need,” the statement said.
“Firing half of the Department of Education’s workforce will hurt students throughout New York and the nation, especially low-income students and those with disabilities who rely on federal funding. This outrageous effort to leave students behind and deprive them of quality education is reckless and illegal. Today, I am taking action to stop the madness and protect our schools and the students who depend on them.
There are 18,200 school districts and 50 million students in U.S. K-12 education, the release notes.
James and other Democrats have publicly expressed concerns about the loss of funding for low-income and special needs students, which the federal agency administers. Republicans who support dismantling the department say funding for those vulnerable students would not be reduced or cut off, but it could be handled instead by the Health and Human Services agency and through state block grants.
In the news release, James notes that New York State public schools will receive about $6.17 billion in 2024 or about $2,348 per student. She added that the amount for higher education was about $1,256 per student in New York State.
The suit, filed in a Massachusetts federal court, alleges that Trump’s actions so far in reducing the size of the Department of Education are illegal and unconstitutional.
During her confirmation hearing, McMahon told senators that only Congress, which created her agency in 1979, has the legal authority to eliminate the department. Trump previously noted at an Oval Office news conference that he would work with Congress and teacher unions to eliminate the agency.
Madi Biedermann, deputy assistant secretary for Communications at the Department of Education said in an email to The Epoch Times, “President Trump was elected with a mandate from the American public to return education authority to the states. The Department of Education’s reduction in force (RIF) was implemented carefully and in compliance with all applicable regulations and laws.”
Biedermann said the cuts to the workforce “are strategic, internal-facing cuts that will not directly impact students and families.
“No employees working on the FAFSA, student loan servicing, and Elementary and Secondary Education Act (ESEA) Title funds—including formula and discretionary grants programs—were impacted. No employees in the Office of Special Education Programs or the Rehabilitation Services Administration who serve children with disabilities were impacted. The Office for Civil Rights will continue to investigate complaints and vigorously enforce federal civil rights laws. The RIF is being undertaken in accordance with Title 5, Code of Federal Regulations (CFR), Part 351 and the most recent collective bargaining agreement (CBA) for covered Department employees which went into effect on January 17, 2025.”
