Attorney General Bonta Seeks Court Order to Block Mass Firings, Transfer of Core Functions from Department of Education

Cites immediate and potentially devastating harms to California schools and students 

OAKLAND – California Attorney General Rob Bonta today led a multistate coalition in filing a motion for a preliminary injunction to prevent the Trump Administration’s mass firing of U.S. Department of Education employees and the transfer of core statutory functions to other departments. These actions will devastate the Department of Education’s ability to meet its statutory obligations across numerous programs — direct funding for K-12 education, student aid, services for students with disabilities, civil rights enforcement, vocational training, and more. California schools alone receive $7.9 billion annually from the Department of Education, and these schools have already reported impacts and disruptions to their ability to provide public education to California’s children as a result of these actions. As such, Attorney General Bonta and the coalition argue that the actions violate the Administrative Procedures Act, are unconstitutional, and should be enjoined while litigation continues.

“California receives billions of dollars each year from the U.S. Department of Education. The programs and initiatives these funds support help ensure all our children have access to a high-quality public education and are able to learn in a safe, healthy environment,” said Attorney General Bonta. “All of this is at risk with the Trump Administration’s mass firing of Department employees and outsourcing of core statutory functions like the administration of federal student loans. President Trump has made no secret of his desire to shut down the Department of Education for good – and we know that these actions are just a step toward that end goal. But as his own administration has acknowledged, he lacks the authority to unilaterally do so. I respectfully ask the court to block the Trump Administration’s efforts to dismantle the Department of Education from within while our litigation continues.”

On March 11, the Department of Education initiated a mass termination impacting nearly 50% of the Department’s employees, as part of the Trump Administration’s “final mission” to dismantle the Department. The mass firings were not accompanied by any reasoning to explain why these employees — and indeed, some whole teams — were targeted. The rationale is nevertheless clear — the Trump Administration believes the Department should not exist and is using these firings as a tool in furtherance of that goal. President Trump’s directive last week for Education Secretary Linda McMahon to take all necessary steps to dismantle the Department is further evidence that the firings are part of a broader effort to undermine the Department’s ability to carry out its most vital, congressionally-mandated functions. These steps including transferring the administration of federal student loans to the Small Business Administration, which recently fired 40% of its workers, and of special needs and nutritional programs to the U.S. Department of Health and Human Services.

The U.S. Department of Education provides $7.9 billion annually in federal funding to more than 9,000 public schools across California – serving 5.8 million students. This includes funding for Title I to support low-income families, Individuals with Disabilities Education Act (IDEA) funds and support for students with disabilities, school lunch programs, services to families living on military bases and Indian reservations, and post-secondary financial aid. Already, the mass firings have led to the closure of seven regional offices of the Office for Civil Rights, including the one in San Francisco, leaving 1,500 pending cases, including open investigations, cases in mediation, resolved cases under monitoring, and complaints under research by staff, in limbo. 

It is clear that the mass firing of nearly 50% of all Department of Education employees will make it impossible for the Department to meet its current obligations under federal law, violating the separation of powers and the Executive Branch’s obligation to take care that the law is faithfully executed, and exceeding the Department’s authority under the law in violation of the Administrative Procedures Act. Given the immediate and potentially devastating harm that these firings and subsequent transfer of core programs could cause to California’s schools and children, Attorney General Bonta, along with the coalition, respectfully asks the court to grant a preliminary injunction while the states’ litigation continues.  

Attorney General Bonta is leading this lawsuit with Hawaii Attorney General Anne Lopez, Massachusetts Attorney General Andrea Campbell, and New York Attorney General Letitia James. They are joined by the attorneys general of Arizona, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, Oregon, Rhode Island, Washington, Wisconsin, Vermont, and the District of Columbia.

A copy of the motion is available here.