Latest news with #IndividualswithDisabilitiesEducationAct
The Hill
16-07-2025
- Politics
- The Hill
King Donald? Supreme Court grants Trump power to repeal laws at his whim
'The Executive has seized for itself the power to repeal federal law by way of mass terminations, in direct contravention of the Take Care Clause and our Constitution's separation of powers.' Read that again. These are the words of Justice Sonia Sotomayor in a dissenting opinion to the Supreme Court's one-paragraph July 14 ruling, in which the majority basically held — without any justification or explanation whatsoever — that it's fine that America has become a land of lawlessness with power consolidated in one person. President Trump is the law now. The case is McMahon v. New York, and it involves Trump's stated plan to abolish the Department of Education by basically firing half the workforce so that the agency cannot function. Unlike Elon Musk's slash-and-burn DOGE experiment, this maneuver is not even thinly disguised by the pretense of government 'efficiency.' Trump just wants the Department of Education to go. The trouble is that, as a matter of the Constitution's core separation of powers, Congress makes the laws. In 1979, Congress enacted the Department of Education Organization Act for purposes of 'ensuring access to equal educational opportunity for every individual.' As Sotomayor explained in her dissent, which Justices Elena Kagan and Ketanji Brown Jackson joined, 'only Congress has the power to abolish the Department. The Executive's task, by contrast, is to 'take Care that the Laws be faithfully executed.'' By shutting down the Department of Education 'by executive fiat,' Trump is blatantly intruding on the powers of the legislature to make the laws while ignoring the constitutional mandate, and his oath of office, that he duly execute those laws. Trump's plan ignores a bunch of other laws that the Department of Education is also responsible for executing, including laws governing federal grants for institutes of higher education; federal funding for kindergarten through high school (which was over $100 billion during the 2020-2021 school year, or 11 percent of the total funding for public K-12 schools across the country); and laws banning discrimination in federally-funded schools on the basis of race, color, national origin, sex and disability. Then there's the Individuals with Disabilities Education Act, which, according to the department's current website, 'is a law that makes available a free appropriate education to eligible children with disabilities … and ensures special education and related services to those children, supports early services for infants and toddlers and their families, and awards competitive discretionary grants.' Seven million students across the country receive special education services supported by that law. Another statute the department administers, the Elementary and Student Education Act, provides financial assistance programs to tens of millions of low-income students, too. All of these laws are now being gutted by the stroke of Trump's pen, as if he were a king. No public debate in Congress, no mark-ups of bills amending the law, no ability for voters to call representatives to lobby for or against proposals to amend the Department of Education and the statutes it administers. No budget analyses, no media coverage of congressional horse-trading, no interviews of people from both parties on the steps of the Capitol, no hearing from public school officials or teachers or parents on whether this is a good idea. None of that — because Trump simply snatched the power to make and repeal major federal legislation and programs that affect millions of American children for himself. Worse, the majority on the Supreme Court is letting him do it. Like Trump, it made its ruling on-the-fly and behind closed doors — without full briefing, oral argument or a written decision explaining the justices' rationale for their end run around Article I of the Constitution (which lodges the lawmaking power in Congress) and Article II (which mandates that the president take care that the laws are faithfully executed). The majority's silence left it to the dissenting justices to — once again — try and back-fill the majority's reasoning in a dissenting opinion so that the public has some sort of record about what is possibly going on here. Sotomayor explains that Trump, shortly after taking office, condemned the Department of Education as a 'big con job' that he would 'like to close immediately.' A week into her tenure, Secretary of Education Linda McMahon eliminated 'nearly 50 percent of the Department's workforce' as 'the first step on the road to a total shutdown.' She closed entire offices — including the team responsible for administering bilingual education, every lawyer in the general counsel's office responsible for K-12 education funding and IDEA grants, numerous regional offices that deal with civil rights laws and most of the office that certifies schools to receive federal student financial aid. On March 20, Trump signed an executive order with a directive titled 'Closing the Department of Education and Returning Authority to the States.' Twenty states and the District of Columbia sued, arguing that his actions violated the Take Care Clause and the Constitution's separation of powers, incapacitating core components of the Department of Education on which the states rely. A similar lawsuit by school districts and unions followed. The cases were combined, and a district court issued an injunction preserving the status quo, keeping the department and the nation's school system intact while the case was pending. An appeals court upheld that injunction. Mind you, the district court issued its injunction after considering dozens of affidavits from Department of Education officials and recipients of federal funding describing how McMahon's mass terminations have already affected the ability to pay teachers, purchase materials and equipment, and enroll students on federal financial aid — and how full implantation of Trump's plan could be far worse. The government submitted no evidence in response. Ignoring the record entirely and on an emergency motion filed by the administration, the Supreme Court's right-wing majority overturned the injunction, effectively handing Trump a win — just weeks before the start of the new school year — without even bothering to actually grapple with the Constitution, the lower court's findings or the dire impacts on millions of children and young adults that rely on the department's programs in order to get an education. This sounds like a dystopian science fiction storyline that a bunch of Hollywood writers and producers dreamed up. But it's real. This is Trump's — and the Supreme Court's — America.
Chicago Tribune
14-07-2025
- Business
- Chicago Tribune
How Trump plans to dismantle the Education Department after Supreme Court ruling
WASHINGTON — The Supreme Court on Monday cleared the way for the Trump administration to continue unwinding the Education Department, allowing it to move ahead with mass layoffs and a plan to outsource the department's operations to other agencies. The justices paused a lower court order that had halted nearly 1,400 layoffs and had called into question the legality of President Donald Trump's plan to dismantle the department. Now, Trump and his education secretary, Linda McMahon, are free to execute the layoffs and break up the department's work among other federal agencies. Trump had campaigned on closing the department, and McMahon has said the department has one 'final mission' to turn over its power to the states. 'The U.S. Department of Education will now deliver on its mandate to restore excellence in American education,' McMahon said Monday in a statement. McMahon is expected to move quickly — department lawyers have already previewed the plans in court filings. Trump and McMahon have acknowledged only Congress has authority to close the Education Department fully, but both have suggested its core functions could be parceled out to different federal agencies. Among the most important decisions is where to put management of federal student loans, a $1.6 trillion portfolio affecting nearly 43 million borrowers. Trump in March suggested the Small Business Administration would take on federal student loans, but a June court filing indicated the Treasury Department is expected to take over the work. The Education Department said it had been negotiating a contract with Treasury but paused discussions when the court intervened. That work is now expected to proceed in coming days. Under a separate arrangement, nine Education Department workers already have been detailed to Treasury, according to court filing. The department had also recently struck a deal to outsource the management of several grant programs for workforce training and adult education to the Department of Labor. The Education Department agreed to send $2.6 billion to Labor to oversee grants, which are distributed to states to be passed down to schools and colleges. Combining workforce training programs at Education and Labor would 'provide a coordinated federal education and workforce system,' according to the agreement. Additional agreements are expected to follow with other agencies. At her Senate confirmation hearing, McMahon suggested that enforcement of the Individuals with Disabilities Education Act could be handled by the Department of Health and Human Services. Civil rights work could be managed by the Justice Department, she said. Democracy Forward, which represents plaintiffs in the lawsuit, said it will pursue 'every legal option' to fight for children. 'No court in the nation — not even the Supreme Court — has found that what the administration is doing is lawful,' said Skye Perryman, president and CEO of the group, in a statement. Trump campaigned on a promise to close the agency, and in March ordered it to be wound down 'to the maximum extent appropriate and permitted by law.' McMahon had already started a dramatic downsizing, laying off about 1,400 workers. Education Department employees targeted by the layoffs have been on paid leave since March, according to a union that represents some of the agency's staff. The lower court order had prevented the department from fully terminating them, though none had been allowed to return to work, according to the American Federation of Government Employees Local 252. Without the lower court order, the workers would have been terminated in early June. The Education Department had said earlier in June that it was 'actively assessing how to reintegrate' the employees if courts did not rule in Trump's favor.
San Francisco Chronicle
14-07-2025
- Business
- San Francisco Chronicle
How Trump plans to dismantle the Education Department after Supreme Court ruling
WASHINGTON (AP) — The Supreme Court on Monday cleared the way for the Trump administration to continue unwinding the Education Department, allowing it to move ahead with mass layoffs and a plan to outsource the department's operations to other agencies. The justices paused a lower court order that had halted nearly 1,400 layoffs and had called into question the legality of President Donald Trump's plan to dismantle the department. Now, Trump and his education secretary, Linda McMahon, are free to execute the layoffs and break up the department's work among other federal agencies. Trump had campaigned on closing the department, and McMahon has said the department has one "final mission' to turn over its power to the states. 'The U.S. Department of Education will now deliver on its mandate to restore excellence in American education,' McMahon said Monday in a statement. McMahon is expected to move quickly — department lawyers have already previewed the plans in court filings. What happens with student loans, civil rights cases Trump and McMahon have acknowledged only Congress has authority to close the Education Department fully, but both have suggested its core functions could be parceled out to different federal agencies. Among the most important decisions is where to put management of federal student loans, a $1.6 trillion portfolio affecting nearly 43 million borrowers. Trump in March suggested the Small Business Administration would take on federal student loans, but a June court filing indicated the Treasury Department is expected to take over the work. The Education Department said it had been negotiating a contract with Treasury but paused discussions when the court intervened. That work is now expected to proceed in coming days. Under a separate arrangement, nine Education Department workers already have been detailed to Treasury, according to court filing. The department had also recently struck a deal to outsource the management of several grant programs for workforce training and adult education to the Department of Labor. The Education Department agreed to send $2.6 billion to Labor to oversee grants, which are distributed to states to be passed down to schools and colleges. Combining workforce training programs at Education and Labor would 'provide a coordinated federal education and workforce system,' according to the agreement. Additional agreements are expected to follow with other agencies. At her Senate confirmation hearing, McMahon suggested that enforcement of the Individuals with Disabilities Education Act could be handled by the Department of Health and Human Services. Civil rights work could be managed by the Justice Department, she said. Democracy Forward, which represents plaintiffs in the lawsuit, said it will pursue 'every legal option' to fight for children. 'No court in the nation — not even the Supreme Court — has found that what the administration is doing is lawful,' said Skye Perryman, president and CEO of the group, in a statement. Laying off staff Trump campaigned on a promise to close the agency, and in March ordered it to be wound down 'to the maximum extent appropriate and permitted by law.' McMahon had already started a dramatic downsizing, laying off about 1,400 workers. Education Department employees targeted by the layoffs have been on paid leave since March, according to a union that represents some of the agency's staff. The lower court order had prevented the department from fully terminating them, though none had been allowed to return to work, according to the American Federation of Government Employees Local 252. Without the lower court order, the workers would have been terminated in early June. The Education Department had said earlier in June that it was 'actively assessing how to reintegrate' the employees if courts did not rule in Trump's favor. ___ The Associated Press' education coverage receives financial support from multiple private foundations. AP is solely responsible for all content. Find AP's standards for working with philanthropies, a list of supporters and funded coverage areas at
Boston Globe
14-07-2025
- Business
- Boston Globe
How Trump plans to dismantle the Education Department after Supreme Court ruling
Now, Trump and his education secretary, Linda McMahon, are free to execute the layoffs and break up the department's work among other federal agencies. They're expected to move quickly—department lawyers have already previewed the plans in court filings. What happens with student loans, civil rights cases Trump and McMahon have acknowledged only Congress has authority to close the Education Department fully, but both have suggested its core functions could be parceled out to different federal agencies. Advertisement Among the most important decisions is where to put management of federal student loans, a $1.6 trillion portfolio affecting nearly 43 million borrowers. Get Starting Point A guide through the most important stories of the morning, delivered Monday through Friday. Enter Email Sign Up Trump in March suggested the Small Business Administration would take on federal student loans, but a June court filing indicated the Treasury Department is expected to take over the work. The Education Department said it had been negotiating a contract with Treasury but paused discussions when the court intervened. That work is now expected to proceed in coming days. Under a separate arrangement, nine Education Department workers already have been detailed to Treasury, according to court filing. The department had also recently struck a deal to outsource the management of several grant programs for workforce training and adult education to the Department of Labor. The Education Department agreed to send $2.6 billion to Labor to oversee grants, which are distributed to states to be passed down to schools and colleges. Advertisement Combining workforce training programs at Education and Labor would 'provide a coordinated federal education and workforce system,' according to the agreement. Additional agreements are expected to follow with other agencies. At her Senate confirmation hearing, McMahon suggested that enforcement of the Individuals with Disabilities Education Act could be handled by the Department of Health and Human Services. Civil rights work could be managed by the Justice Department, she said. Laying off staff Trump campaigned on a promise to close the agency, and in March ordered it to be wound down 'to the maximum extent appropriate and permitted by law.' McMahon had already started a dramatic downsizing, laying off about 1,400 workers and declaring 'one final mission' to turn over the agency's power to states. Education Department employees targeted by the layoffs have been on paid leave since March, according to a union that represents some of the agency's staff. The lower court order had prevented the department from fully terminating them, though none had been allowed to return to work, according to the American Federation of Government Employees Local 252. Without the lower court order, the workers would have been terminated in early June. The Education Department had said earlier in June that it was 'actively assessing how to reintegrate' the employees if courts did not rule in Trump's favor.
Hamilton Spectator
14-07-2025
- Business
- Hamilton Spectator
How Trump plans to dismantle the Education Department after Supreme Court ruling
WASHINGTON (AP) — The Supreme Court on Monday cleared the way for the Trump administration to continue unwinding the Education Department, allowing it to move ahead with mass layoffs and a plan to outsource the department's operations to other agencies. The justices paused a lower court order that had halted nearly 1,400 layoffs and had called into question the legality of President Donald Trump's plan to dismantle the department. Now, Trump and his education secretary, Linda McMahon , are free to execute the layoffs and break up the department's work among other federal agencies. They're expected to move quickly—department lawyers have already previewed the plans in court filings. What happens with student loans, civil rights cases Trump and McMahon have acknowledged only Congress has authority to close the Education Department fully, but both have suggested its core functions could be parceled out to different federal agencies. Among the most important decisions is where to put management of federal student loans, a $1.6 trillion portfolio affecting nearly 43 million borrowers. Trump in March suggested the Small Business Administration would take on federal student loans , but a June court filing indicated the Treasury Department is expected to take over the work. The Education Department said it had been negotiating a contract with Treasury but paused discussions when the court intervened. That work is now expected to proceed in coming days. Under a separate arrangement, nine Education Department workers already have been detailed to Treasury, according to court filing. The department had also recently struck a deal to outsource the management of several grant programs for workforce training and adult education to the Department of Labor. The Education Department agreed to send $2.6 billion to Labor to oversee grants, which are distributed to states to be passed down to schools and colleges. Combining workforce training programs at Education and Labor would 'provide a coordinated federal education and workforce system,' according to the agreement. Additional agreements are expected to follow with other agencies. At her Senate confirmation hearing , McMahon suggested that enforcement of the Individuals with Disabilities Education Act could be handled by the Department of Health and Human Services . Civil rights work could be managed by the Justice Department , she said. Laying off staff Trump campaigned on a promise to close the agency, and in March ordered it to be wound down 'to the maximum extent appropriate and permitted by law.' McMahon had already started a dramatic downsizing, laying off about 1,400 workers and declaring 'one final mission' to turn over the agency's power to states. Education Department employees targeted by the layoffs have been on paid leave since March, according to a union that represents some of the agency's staff. The lower court order had prevented the department from fully terminating them, though none had been allowed to return to work, according to the American Federation of Government Employees Local 252. Without the lower court order, the workers would have been terminated in early June. The Education Department had said earlier in June that it was 'actively assessing how to reintegrate' the employees if courts did not rule in Trump's favor. ___ The Associated Press' education coverage receives financial support from multiple private foundations. AP is solely responsible for all content. Find AP's standards for working with philanthropies, a list of supporters and funded coverage areas at . Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .
