RESURRECTING THE U.S. DEPARTMENT OF EDUCATION?

Late last month, the U.S. District Court in Massachusetts granted a preliminary injunction effectively halting the Trump Administration’s efforts to shutter the U.S. Department of Education (“ED”).  In a sweeping eighty-eight-page opinion, Judge Myong J. Joun explained that the Administration illegally fired over 1,300 career employees who dedicate their professional lives to serving the nation’s students in every zip code.  He described the Federal government’s crucial role in education, spanning over 150 years, and explained that ED was created by Congress, and so it could not be dismantled without the Legislative Branch.  He reasoned in part that 

[t]he supporting declarations of former Department employees, educational institutions, unions, and educators paint a stark picture of the irreparable harm that will result from financial uncertainty and delay, impeded access to vital knowledge on which students and educators rely, and loss of essential services for America’s most vulnerable student populations. Indeed, prior to the [Reduction in Force (“RIF”)], the Department was already struggling to meet its goals, so it is only reasonable to expect that an RIF of this magnitude will likely cripple the Department. The idea that [the Administration’s] actions are merely a ‘reorganization’ is plainly not true.

While this decision is great news for schools, students, and families across the country, we expect the Administration to appeal.  Furthermore, it is unclear whether and when the Administration will return to work the over 1,300 employees who have been on leave since March, while these vital services will continue to languish while the Administration decides its next steps.  We at Nonprofits Counsel will be watching this issue closely, and are preparing to advise our clients on how to navigate the uncertainty created by these illegal mass firings.