IHEP President and CEO Mamie Voight
The Association for Education Finance and Policy (AEFP) and the Institute for Higher Education Policy (IHEP), represented by Public Citizen Litigation Group, allege that the Department has effectively rendered IES non-functional through a massive staff reduction and the cancellation of numerous research contracts.
According to the complaint, the Department recently implemented a reduction in force affecting 90% of IES staff and terminated dozens of contracts that support congressionally mandated research. The plaintiffs argue these actions have left the institute unable to perform its statutory functions.
“Congress has recognized that good national research is necessary to achieve positive educational outcomes, and created IES to make sure that research happens and is shared,” said Adam Pulver, an attorney with Public Citizen and lead counsel on the case. “Secretary McMahon has no authority to override Congress.”
The IES was established under the Education Sciences Reform Act of 2002 to produce and disseminate education research, statistics, and analyses. For over two decades, it has served as what the plaintiffs call "the backbone of education research in the United States."
AEFP President Michal Kurlaender said the actions have created “serious challenges” to research work due to funding and staffing terminations. “We want to do all that we can to protect essential data and research infrastructure. This is fundamental to our mission,” said Kurlaender.
The lawsuit characterizes the Department's actions as part of what Secretary McMahon reportedly called the Department of Education's “final mission.” The plaintiffs contend these actions exceed the Department's statutory authority, are arbitrary and capricious, and violate laws regarding congressional appropriations.
IHEP President and CEO Mamie Voight emphasized the importance of IES data for developing “evidence-based insights” about higher education outcomes.
“High-quality federal data and research help institutions, states, researchers, and student success practitioners better understand students' experiences and develop strategies to improve their outcomes,” Voight said.
The lawsuit seeks a court order requiring Secretary McMahon and the Department to immediately cease efforts to eliminate IES and to restore the contracts, staff, and other resources necessary for the institute to fulfill its mission.
The Department of Education has not yet issued a public response to the lawsuit.