As a result of a November 18, 2025 announcement by the U.S. Department of Education (USDE) that said it was developing interagency agreements with other federal agencies to support six programs, an amended lawsuit was filed on December 2, 2025 claiming that the USDE’s plans are illegal and harmful to K-12 and higher education students, educators and families. The suit was filed by a broad coalition of school districts, employee unions, and a disability rights organization and seeks to halt the outsourcing of USDE programs. 

In fact, a December 2nd statement by Democracy Forward on behalf of the plaintiffs said, “Taking away the services and supports students rely on will irreparably hurt children, families, educators, schools, and communities, in states across the nation. The Department of Education offers important support to educators and communities throughout the nation and the unlawful attempts to shut down the Department are nothing less than an abandonment of the future of our country.”

In response, a USDE statement was emailed to K-12 Dive on December 3rd, saying, “It’s no surprise that blue states and unions care more about preserving the DC bureaucracy than about giving parents, students, and teachers more control over education and improving the efficient delivery of funds and services.”

The updated complaint in Somerville v. Trump, which was consolidated with New York v. McMahon, was brought against the USDE by groups of states, school districts, and teacher unions. The Arc of the United States is now an additional plaintiff in the case.

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