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A federal district judge declined to issue an injunction that would block the Trump administration’s recent cuts to staff and contracts at the Institute of Education Sciences—an agency charged with collecting and analyzing data about both K–12 and higher education.
In an opinion released last week, Maryland judge Stephanie A. Gallagher acknowledged that the new administration has terminated 90 percent of the agency’s staff and therefore IES “is not doing a number of tasks Congress requires of it.” Gallagher, a Trump appointee, also empathized with the two education research associations that filed the lawsuit—the American Educational Research Association and the Society for Research on Educational Effectiveness—saying she trusts that not receiving the data they expected from IES “will harm them.”
But that does not mean the plaintiffs have a strong enough case to stop the Trump administration from continuing to dismantle the agency. Gallagher said that the associations’ arguments are at times too broad or too narrow, that they lump together numerous cuts—some of which may be justified—and that they include “factual discrepancies” and improper interpretations of “no fewer than a dozen statutes.”
Over all, she said, “They have not shown they are entitled to this sort of extraordinary relief.”
“These Plaintiffs have alleged, and have provided some evidence to support, a troubling pattern of conduct at IES,” Gallagher wrote. “But because they cannot make the requisite showings on the preliminary injunction factors, and in particular have not shown they have standing to seek the relief they are asking for, their motion for a preliminary injunction must be denied.”
This ruling is not final, however, and “should not be taken as predictive of this Court’s ultimate decision,” Gallagher added.
But the Education Department is already walking back some of the IES cuts, according to court filings in the lawsuit that The Hechinger Report first reported on. Department officials disclosed earlier this month that they are reinstating at least 20 out of the 101 contracts that were terminated. The restored contracts include one that requires the National Center for Education Statistics to participate in the Program for International Student Assessment. (According to Hechinger, Congress mandates that the department take part in international assessments.)
SREE president Elizabeth Tipton told Hechinger that the limited reversal was “upsetting” and not enough to fix the problem.
“They’re trying to make IES as small as they possibly can,” she said.
