Almost immediately after his term began, President Trump repeatedly promised to shut down the U.S. Department of Education. To that end, a massive reduction in force was announced on March 11, 2025, which would cut the education department’s staff by half.
On March 20, 2025, Trump issued Executive Order 14242, directing the U.S. Secretary of Education to “take all necessary steps to facilitate the closure of the Department of Education.” On March 21, 2025, President Trump further announced that the federal student loan portfolio, as well as special needs programs, would be transferred out of the U.S. Department of Education. Litigation was initiated almost immediately by a group of states, including New Jersey. School districts, non-profit organizations, and labor unions were among those to join the lawsuit.
On May 22, 2025, the U.S. District Court, District of Massachusetts, issued an order granting plaintiffs’ motion for preliminary injunction, prohibiting the Trump administration from carrying out the previously announced reduction in force; from implementing President Trump’s March 20, 2025 Executive Order; and from carrying out the President’s March 21, 2025 directive to transfer management of federal student loans and special education functions out of the U.S. Department of Education.
The Secretary of Education and the U.S. Department of Education were also required to reinstate federal employees whose employment was terminated or otherwise eliminated on or after January 20, 2025, as part of the reduction in force announced on March 11, 2025.
N.J. Attorney General Platkin issued a statement about the decision shortly after the order was issued.
“President Trump’s attempt to unilaterally dismantle the U.S. Department of Education is unconstitutional and illegal, and we are pleased that the court agreed with us today and blocked these unlawful actions,” Platkin said. “The Trump Administration’s reckless attempts to eliminate the U.S. Department of Education would gut services for special needs students, hurt low-income families in our state, and harm those seeking higher education. Thanks to today’s decision, children in New Jersey and across the country will continue to receive the critical services and funding provided by the Department. This fight is not yet over—but we will never relent in standing up for our teachers, students, and schools.”
Platkin, along with a coalition of 19 other attorneys general, have consistently argued that the executive branch does not have the legal authority to unilaterally dismantle the U.S. Department of Education without an act of Congress.
It is anticipated that this decision will be appealed. The NJSBA legal department will continue to provide timely updates on this matter as the case develops.
For further information about this matter, please contact the NJSBA legal department at (609) 278-5279, or contact your board attorney for specific legal advice.
