The courts have pushed back against much of President Donald Trump’s agenda, but he did win a small victory this week in a dispute with education researchers.
On June 3, a federal judge in Washington, D.C., denied a request by four education research trade associations for a preliminary injunction, which means that the Education Department doesn’t have to temporarily reinstate fired employees and canceled contracts within its research and data arm, the Institute of Education Sciences.
Researchers had hoped to return the research division to its pre-Trump status while the court takes time to decide the overall issue in the case, which is whether the Trump administration exceeded its executive authority in these mass firings and contract terminations. Now, the cuts in the research arm of the department will remain while the case proceeds.
Four education research groups (the Association for Education Finance and Policy (AEFP), the Institute for Higher Education Policy (IHEP), the National Academy of Education (NAEd) and the National Council on Measurement in Education (NCME)) are suing the Education Department because their federally funded studies, evaluations and surveys have been slashed and their access to data is slated to be curtailed. They also contend that historical data archives are at risk, along with future data quality. Their legal argument is that the cuts were arbitrary and capricious and they say that the Trump administration eliminated many activities that Congress requires by law.
Related: Education researchers sue Trump administration, testing executive power
U.S. District Judge Trevor McFadden acknowledged that the “upheaval” at the Institute of Education Sciences is “understandably jarring for those who rely on studies and data produced by the Institute.” However, McFadden explained in a written opinion that the law that the researchers are using to sue the executive branch, the Administrative Procedure Act, was “never meant to be a bureaucratic windbreak insulating agencies from political gales.”
“It is not this Court’s place to breathe life back into wide swathes of the Institute’s cancelled programs and then monitor the agency’s day-to-day statutory compliance,” McFadden wrote.
In the opinion, McFadden noted that some of the researchers’ complaints, such as losing remote access to student data for research purposes, may be “ripe for standalone challenges,” but bundling all of their grievances together is a “losing gambit.”
The ruling not only denied researchers the short-term remedy they sought but also cast doubt on the prospects of their overall case. “We are disappointed with and disagree with the Court’s decision, and are evaluating our next steps,” said Adam Pulver, an attorney at Public Citizen, a nonprofit advocacy organization representing two of the research organizations.
A federal judge in Maryland is still considering a similar request to temporarily restore research-related cuts at the Education Department by two other education research groups. That suit, which also accuses the Trump administration of exceeding its executive power, was brought by the American Educational Research Association (AERA) and the Society for Research on Educational Effectiveness (SREE).
Educators fighting the cuts have had one victory so far, in a separate case filed in federal district court in Boston. On May 22, U.S. District Judge Myong Joun ordered the Trump administration to reinstate 1,300 Education Department employees terminated in March. The Trump administration is challenging the decision, but the court said on June 4 that the Education Department couldn’t postpone rehiring everyone while the appeal works its way through the courts. This case was brought by two Massachusetts school districts, a teachers union and 21 Democratic attorneys general.
Contact staff writer Jill Barshay at 212-678-3595, jillbarshay.35 on Signal, or [email protected].
This story about education researchers suing the Trump administration was written by Jill Barshay and produced by The Hechinger Report, a nonprofit, independent news organization focused on inequality and innovation in education. Sign up for Proof Points and other Hechinger newsletters.
