Department after department, agency after agency, in the Federal government has been killed or destroyed by the Trump administration. Foreign aid, which had decades of bipartisan support, was virtually eliminated, meaning certain death for hundreds of thousand of children and families who count on the U.S. for food and medicine. The Department of Defense is now called the Department of War, without Congressional approval. The Consumer Financial Board is gone. The Department of Education has been eviscerated. Civil rights enforcement has been turned upside down, to exclude vulnerable groups for which it was intended.

Jan Resseger is a brilliant, thoughtful analyst of education. I encourage you to sign up for her blog. Here she takes a deep dive into what this chaos means for public schools and students:

Despite that the federal government shutdown has ended, SNAP funds are being distributed, and airplanes are returning to their expected schedules, many of us are feeling disoriented and troubled by the way the federal government seems to be operating under Donald Trump’s leadership. We have been observing the Trump administration violating core principles we learned in civics class are at the heart of our democratic society. And we thought the Constitution was supposed to protect every one of us. In today’s post, I’ll try to name and explore some of the principles that President Trump seems to be violating as he attempts to dismantle the U.S. Department of Education. On Thursday, in Part 2, I’ll explore three serious constitutional violations. All of this is undermining the well-being of our nation’s massive institution of K-12 public schools, the leaders of 13,000 public school districts, over three million public school teachers, and more than 50 million students enrolled.

NY Times economic reporter Tony Romm reflects on the deeper meaning of the recent federal government shutdown: “(T)he president has frequently bent the rules of (the) budget, primarily to reap political benefits or exact retribution. He has found new and untested ways to spare certain Americans, like the military, from the pain of the government closure, while claiming he has no power to help others, including low-income individuals who rely on benefits like SNAP. The result is a shutdown unlike any other, one that has posed disparate and debilitating risks for those unlucky enough to depend on the many functions of government that Mr. Trump has long aspired to cut… At the heart of Mr. Trump’s actions is a belief that the president possesses vast power over the nation’s spending, even though the Constitution vests that authority with Congress. Mr. Trump and his budget director, Russell T. Vought have dismantled entire agencies, fired thousands of workers and canceled or halted billions of dollars in federal spending—all without the express permission of lawmakers.” Romm is not writing about public education, but you will recognize that his concerns apply to public schools and all the rest of our society’s primary institutions.

Trump Seizes the Power of the Purse

The NY Times Editorial Board enumerates three ways the President has grabbed power from Congress  by violating “the power of the purse” granted to Congress in the Constitution: “First, he has refused to spend money that Congress allocated… Second, Mr. Trump has spent money that Congress has not allocated… Third, the president has taken steps that effectively overturn Congress’s spending decisions. In these cases, he has not added or subtracted federal funds, but he has taken other steps that make it so an agency cannot carry out the mission that Congress envisioned for it.”

All year, and at a new and radical level during the recent federal shutdown, President Trump has ordered Education Secretary Linda McMahon and his other appointees in the Department of Education to usurp the power of the purse primarily by slashing the expenditure of Congressionally appropriated funds to staff the department, along with announcing the goal of eliminating the department and its federal role altogether.  The administration’s imposition of permanent layoffs during the federal shutdown focused on firing the professionals responsible for carrying out the very reason a U.S. Department of Education was established back in the fall of 1979, during President Jimmy Carter’s administration: to gather together and administer programs that equalize opportunity for students across the states, where there had historically been unequal protection of students’ rights depending on children’s family income, race, primary language, immigrant status, sexuality or disability.  Huge grant programs like Title I and IDEA and myriad smaller programs ensure that public schools, no matter where a student lives, meet the specific learning needs of all students including those whose primary language is not English and students with disabilities.

During the shutdown, the Trump administration appeared intent on violating the power of the purse at the U.S. Department of Education by radically reducing the staff who do the work—impounding funds congressionally appropriated for paying the staff who enable the Department of Education to fulfill its primary mission.  For example, Education Week‘s Brooke Schultz examines the implication of the shutdown staff cuts for the Office for Civil Rights, on top of massive staff cuts last spring: “Though the latest layoffs are on hold, an enforcement staff that had 560 members spread across 12 offices… will shrink by more than 70% if they go through… Experts worry that without federal enforcement, a fractured interpretation of civil rights laws and protections could take shape across the country—leading to conflicting and politicized handling of cases depending on where students live and what laws are on the books. They worry students in one state might not have the same protections at school as students in another… (S)ome state lawmakers are worried about civil rights complaints not being handled at all.”

During the shutdown, the Trump administration also eliminated most of the remaining staff in the Office for Elementary and Secondary Education who administer the huge and essential Title I grants for school districts serving concentrations of students living in poverty. Trump and McMahon also reduced staff in the Office of Special Education Programs, which oversees IDEA grants, from around 200 to five.  Everyone has understood those proposed shutdown layoffs as the Trump administration’s threat to move special education programming from the Department of Education to the Department of Health and Human Services, despite that the mission of that department emphasizes treatment instead of education. During the shutdown, Federal District Court Judge for the Northern District of California, Susan Illston temporarily blocked the proposed permanent staff layoffs and their implications for undermining the mission of the U.S. Department of Education, though, of course her pause on the staff firings had no effect while the shutdown continued.

The end of the shutdown did temporarily end all the shutdown layoffs. We shall have to wait a couple of months to see what happens. K-12 Dive‘s Kara Arundel explains: “The continuing resolution signed into law Wednesday funds federal education programs at fiscal year 2025 levels. This temporary spending plan expires Jan. 30, unless Congress agrees to a more permanent budget before that deadline.  The deal nullifies the reduction-in-force notices sent to 465 agency employees on Oct. 10. The Education Department is also prohibited from issuing additional RIFs through the end of January and must provide back pay to all employees who did not receive compensation during the shutdown.” Clearly Trump and Vought’s power grab to eliminate much of the staff in a department established and funded by Congress has been blocked only temporarily.

Education Week‘s Mark Lieberman addsthat prior to the shutdown, “The Government Accountability Office, a nonpartisan federal watchdog funded by Congress, had been investigating more than 40 instances of the Trump administration potentially violating the Nixon-era federal law that prohibits the executive branch from impounding… funds appropriated by Congress… The GAO had already published decisions before Oct. 1 finding that the administration broke the law by withholding funding from programs supporting school infrastructure upgrades, library and museum services, Head Start, and disaster preparation.”

Supreme Court Gives Trump Power through the Shadow Docket

We have also watched all year as Federal District Court judges have temporarily blocked Trump’s executive orders, but lacked the power to declare them permanently unconstitutional or in violation of federal law. Only the U.S. Supreme Court can do that. These cases then become part of “the shadow docket”— cases decided temporarily on an emergency basis but awaiting a full hearing and final decision. The number of these cases derailed to “the shadow docket” has grown rapidly in this first year of Trump’s second term.

In March, the Department of Education fired nearly 2,200 of its 4,133 staff.  After a Federal District Court judge blocked the layoffs temporarily, the case was subsequently appealed. On July 15, Diane Ravitch reported in her blog: “Yesterday, the Supreme Court ruled 6-3 that the President could continue to lay off the employees of the Department of Education while leaving aside the legal question of his power to destroy a Department created by Congress 45 years ago… If the Supreme Court ever gets around to deciding whether Trump has the legal authority to abolish the Department of Education, it will already be gone.”

After a Federal District Court case is appealed, the Supreme Court releases a temporary, emergency decision, putting off a formal hearing, oral arguments, and what the NY Times‘ Adam Liptak calls, “an explanation of the court’s rationale” until some future time when the case could be scheduled for hearings on what Liptak calls the Supreme Court’s “merits docket.” Liptak explains: “The question of whether the nation’s highest court owes the public an explanation for its actions has grown along with the rise of the ’emergency docket,’ which uses truncated procedures to produce terse, provisional orders meant to remain in effect only while the courts consider the lawfulness of the challenged actions. In practice, the orders often effectively resolve the case.” His implication here is what Diane Ravitch worries about. By the time the Supreme Court fully considers and decides the case, perhaps years from now, it may be too late.

The shutdown has ended, but it is not clear what will happen to the U.S. Department of Education and the many federal programs that support public school equity across our nation.  Part 2 of this post on Thursday will explore what appear to be serious constitutional violations as they impact children and public schools.