U.S. Supreme Court Allows Trump Administration to Continue Dismantling the Federal Department of Education

What Happened
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About 4,100 employees carry out the functions of the United States Department of Education; the Trump administration wants to  cut that number in half. In March, the President issued an Executive Order calling for the closure of the Education Department. As of now, the Trump administration’s actions relative to the Department’s functions and its funding are being actively met with litigation – a lawsuit was quickly filed in a federal district court in Massachusetts to challenge the administration’s efforts, and in May the plaintiffs got an injunction from that court which stopped the firings while the case proceeds. But on July 14, the United States Supreme Court overturned that ruling and said that the dismantling of the Department of Education can proceed while the case is fully litigated and until it is finally decided.
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The proposed cuts will impact school districts across the country as Department functions and funding will be restricted. This new ruling, combined with the Supreme Court’s other decisions on education this term, will significantly alter the landscape of primary and secondary education in the United States in ways that continue to unfold. Some commentators believe this will lead to widespread cuts in teacher staffing due to reduced federal funding.
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Impact on Charters and Other Public Schools
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Drastically cutting the federal Department of Education’s workforce could have a range of negative impacts on charter schools. The federal Department of Education:
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• Oversees Special Education: Unlike general education, which is largely state-driven, the primary special education authorities are federal, and states implement them, adding additional provisions. If the Department of Education is dismantled, it may be unable to ensure that the system works. It is also possible that special education will be shifted to the Department of Health and Human Services, which is overseen by Robert F. Kennedy, Jr. The Trump administration has indicated that it may make this move soon, creating great concern in the special education community because of Kennedy’s positions on disabilities.
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• Protects Civil Rights:Through its Office for Civil Rights (“OCR”), the Department of Education has handled complaints pertaining to the violations of student civil rights in schools, including rights relating to race, disability, and gender. Historically, anyone may make a complaint to OCR. But even with the staffing cuts that have already been made, OCR appears to have largely stepped back from serving that function. In addition, the Trump administration’s approach contrasts with the approach taken by the Obama and Biden administrations on transgender rights and diversity, equity and inclusion (DEI) initiatives. Specifically, the Trump Administration has demanded that schools and districts attest that they do not follow pro-DEI practices.
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• Collects Data on Education: The Department of Education gathers information on all aspects of education in the US, from school funding to student achievement.
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• Conducts Research: It funds research to identify best practices in teaching, learning, and school improvement.
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• Disseminates Information: The Department of Education shares research findings with educators, policymakers, and the public to inform decisions about education.
  
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But most of what the federal Department of Education does is provide funding for education. Through Title I, the Individuals with Disabilities Education Act, and many other programs, the Department of Education directs an enormous amount of federal money every year to districts and schools. At this time, it is not clear to what extent such funding will be cut back. As noted above, many education pundits are concerned that there will be considerable cuts that will result in widespread teacher layoffs.
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The charter school community is particularly worried about potential cuts to the federal Charter School Program, which provides a range of grants, including start-up and expansion grants for schools, grants supporting charter management organizations, and grants to foster the dissemination of strong practices.
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We will keep a careful watch on all of these issues and keep you informed.
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For more information contact, Paul O’Neill, Matthew Plain, Patricia Hennessy or your Barton Gilman attorney.

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