Update on Lawsuit Against Education Department
Update on Lawsuit Against Education Department
 
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American Educational Research Association

May 20, 2025

Dear AERA Members,

We wanted to provide an update to our membership regarding the American Educational Research Association (AERA) and the Society for Research on Educational Effectiveness (SREE) lawsuit filed last month to challenge the Department of Education’ s unlawful dismantling of the Institute of Education Sciences (IES). AERA and SREE are represented in this lawsuit by Democracy Forward, a national legal organization that advances democracy and social progress through litigation, policy, public education, and regulatory engagement.

As you know, Congress created IES within the Department of Education to conduct critical, high-quality education research, collect and analyze data, and disseminate important findings to ensure that students are getting the support they need and that the U.S. is getting returns on its educational investments. Despite the congressional mandate to carry out its critical functions, Elon Musk’ s “Department of Government Efficiency” (DOGE) identified a list of 89 IES research and support contracts worth nearly $900 million to be cancelled in February 2025, which has since been implemented. Less than one month later, the Department of Education conducted a mass purge of the non-partisan civil service, which included the removal of roughly 90 percent of IES’ already-minimal staff. Together, these actions have eviscerated IES’ ability to do its legally required work.

After filing a complaint last month that challenges these cuts, Democracy Forward filed, on AERA’ s and SREE’s behalf, a motion for a preliminary injunction to ask the court to pause the administration's termination of IES contracts and employees while the case is being heard.

The motion for preliminary injunction was accompanied by more than a dozen declarations by members of AERA, SREE, and experts in education research, including former IES employees. Notably, these declarations span party lines, with former IES staff and leadership from Democratic and Republican administrations joining the call to reverse these unlawful actions.

Last week, the defendants responded to the motion for preliminary injunction, raising largely jurisdictional arguments in response to AERA and SREE’s motion. Yesterday, we filed our reply.

There will be a court hearing on the motion for preliminary injunction tomorrow, May 21, 2025, at 10 a.m. in the District Court of Maryland. There does not appear to be a public access line for the hearing.

You can read Democracy Forward’s news release on the preliminary injunction motion here, and access additional documents below:

Thank you for your continued support.

Sincerely,


Felice J. Levine, PhD (she/her)
Executive Director