NAGC Public Policy Update - April

Newly Confirmed, McMahon Sets ED Goals

On March 3rd, the U.S. Senate confirmed Linda McMahon as the 13th Secretary of Education. In her acceptance speech, titled Our Department's Final Mission, McMahon reiterated the Trump Administration’s goal of sending education dollars back to the states. In doing so, she intends to eliminate “bureaucratic bloat at the Department of Education [ED]—a momentous final mission—quickly and responsibly.” Three basic convictions will guide the reduction in staff and programs: parents are the primary decision-makers; the focus should be placed on math, reading, science, and history; and post-secondary education should be career-focused based on workforce needs. Read McMahon’s speech here.

Multiple States Sue Over Cuts to Federal Teacher Training Grants

California Attorney General Rob Bonta is leading a multi-state lawsuit against the Trump Administration over federal cuts of more than $600 million to teacher preparation programs. Bonta, along with attorneys general from Massachusetts, New Jersey, Colorado, Illinois, Maryland, New York and Wisconsin, argues that the cuts were made unlawfully and without warning, violating the Administrative Procedure Act. The lawsuit aims to restore funding for programs that prepare teachers to work in high-need schools. Cuts will impact teacher preparation programs amid a national teacher shortage- over 400,000 positions are currently vacant or filled by teachers who lack full certification. Bonta warns that such actions could cost the state billions in federal education funding. Learn more here.

States AGs Issue Guidance to Counter Federal Dear Colleague Letter

On March 5th, a coalition of attorneys general (AGs) from fifteen states issued joint guidance for higher education and K-12 institutions that clarifies the law regarding diversity, equity, and inclusion. Prompted by a recent Executive Order and a Dear Colleague letter on February 14th, the guidance “addresses the Supreme Court’s June 2023 decision on race-conscious admissions policies at institutions of higher education, and clarifies the legal landscape for Institutions of Higher Education (IHEs) and K-12 schools operating in our states as they work to advance educational goals and access to educational opportunities.” Especially helpful are the questions and answers (Q&As) posed at the end of the document. Q&As cover topics such as promoting safe and supportive K-12 school environments and preparing all students for college or careers. Read the guidance here.

ED RIFs Nearly Half of Its Workforce, Lawsuits Filed to Challenge Legality

On March 11th, U.S. Department of Education (ED) Secretary Linda McMahon announced a reduction of force (RIF) that affects nearly half of the Department’s workforce, moving from 4,133 workers to 2,183. Those impacted will be placed on administrative leave beginning on March 21st. Significant cuts were made to most of ED’s offices, including staff who oversee student loan and lending and/or who provide legal or technical support throughout ED. The Office for Civil Rights (OCR) was directly impacted as regional offices in Boston, Chicago, Cleveland, Dallas, New York, Philadelphia, and San Francisco were permanently closed. Challenging the legality of the move, 21 Attorneys General (AG) joined in a lawsuit led by the AG in Massachusetts, arguing that the Administration cannot dismantle Congressionally created departments and that the ED cannot adequately perform statutory requirements with a drastic reduction in workforce. The National Center for Youth Law and parents, led by the Council of Parent Attorneys and Advocates (COPAA), have also filed a class action lawsuit claiming that decimating OCR will leave it unable to address issues of discrimination at school, which is unlawful under the equal protection clause of the Fifth Amendment. Read ED’s press release here. Read the AG lawsuit here. Read the parent class action suit here.

White House Issues Executive Order to Close the Department of Education

On March 20, the White House issued an Executive Order (EO) to begin closing the U.S. Department of Education. Characterized as a State’s responsibility, the intention is to return the Department’s main function back to the states for management. Moreover, “Consistent with the Department of Education’s authorities, the Secretary of Education shall ensure that the allocation of any Federal Department of Education funds is subject to rigorous compliance with Federal law and Administration policy.” The EO defines “Administration policy” as the mandatory termination of diversity, equity, and inclusion or similar programs that promote “gender ideology.” The EO notes, “this order shall be implemented consistent with applicable law and subject to the availability of appropriations.” The Administration has acknowledged that the closure of the Department requires an act of Congress. To that end, Chairman Bill Cassidy (R-LA) of the Senate Health, Education, Labor, and Pensions Committee vowed to work with his colleagues in Congress to carry out the EO. And today, in a press conference, President Trump announced that he was ready to move the student loan office to the Small Business Administration “immediately” and that he would like to see “special needs” and nutrition programs moved to the Department of Health and Human Services. “I think that will work out very well. Those two elements will be taken out of the Department of Education,” he remarked. Read the Executive Order here.

Democratic Senators Demand Answers to Mass Firings at the Department of Education

On March 17, Senate Appropriations Committee Vice Chair Patty Murray (D-WA), House Appropriations Committee Ranking Member Rosa DeLauro (D-CT), Senate Appropriations Labor, Health and Human Services, and Education Subcommittee Ranking Member Tammy Baldwin (D-WI), sent a letter to the U.S. Department of Education (ED) demanding answers to the mass firing of nearly half of their workforce. Accentuating the negative impact of the cuts, the letter stated, “When combined with these massive staffing reductions, we are concerned that the Department’s ability to monitor or support the implementation of the law will be nearly nonexistent, leaving students and families with the long-term consequences for the Department’s short-sighted actions.” The letter specifically cites commitments Education Secretary Linda McMahon made in her press release announcing the reduction in force and requests specifics as to how ED will continue to meet their legal obligations given the loss of staff. Also mentioned is the fact that ED staffing over the past several years has remained flat while the Department’s responsibilities have significantly increased. Read the full text of their letter here.

Appropriators Keen to Move ED Funds to Other Agencies and Await “Skinny” Budget

On the heels of President Trump announcing plans to move all student loans to the Small Business Administration and “special needs education” to the Department of Health and Human Services (HHS), Republican appropriators in the House and Senate indicated they would consider any plan the President might send to the Hill to eliminate the Department of Education (ED). "I'm broadly supportive of what his aims are there, so I'd be happy to sit down and work with him any way I could," House Appropriations Chairman Tom Cole (R-OK) said. Following suit, both Senate Labor-HHS-Education Subcommittee Chair Shelley Moore Capito (R-WV) and House Labor-HHS-Education Subcommittee Chairman Robert B. Aderholt (R-AL) said they would be open to moving ED’s functions if that is what Trump seeks. While the discussion makes it sound possible, and it technically is, the reality is that to move funding from one federal account to another (i.e., ED to SBA, ED to HHS), Congress would also need to approve amendments to the statutory laws under which the funds are authorized. In these cases, it would include statutory changes to the Higher Education Act and to both Parts B and C of the Individuals with Disabilities Education Act; and the Senate would need to reach the 60-vote threshold. Cole also told reporters this week that he expects to see a slimmed-down version of the President’s Fiscal Year 2026 budget proposal in early April. Calling it a “skinny budget,” Cole noted that he expects the proposal will allow House appropriators to align top-line spending numbers with the President and start marking up appropriations bills this spring.