Democrats Defend ‘The Actual Existence of the Department of Education’ in Forum

Rep. Bobby Scott of Virginia — who hosted a spotlight forum alongside several colleagues — said “over and over again, the administration has circumvented the law to hamstring the future of public education without the consent of Congress or the American people.”

Scott, the top Democrat on the House Committee on Education and Workforce, brought in education advocates and legal voices pushing back against the administration’s ongoing attempts to axe the agency.

The lawmakers and witnesses expressed particular alarm over the administration’s six interagency agreements, or IAAs, announced with four other departments in November 2025 that transfer several of its responsibilities to those Cabinet-level agencies.

‘Illegal’ transfers

Ashley Harrington, senior policy counsel at the Legal Defense Fund, said that “while these agencies all provide important services for our nation, none of them are adequately prepared to take on the massive portfolio of programs that these interagency agreements strip from (the Education Department).”

Harrington, who previously served as a senior adviser at the department, pointed to a “lack” of institutional knowledge at the four departments compared with career employees at the Education Department who have gained expertise from spending decades running the affected programs.

Rachel Homer, director of Democracy 2025 and senior attorney at Democracy Forward, the legal advocacy group that is leading the ongoing case challenging the department’s dismantling efforts in federal court, pointed out that Congress creates and decides which agencies exist.

“Congress charges those agencies with performing certain functions, Congress determines the mission of those agencies, and the executive branch’s obligation is to carry that out, is to implement those laws faithfully,” said Homer, who previously served as chief of staff of the Office of the General Counsel at the department.

The advocacy group is representing a broad coalition in a legal challenge against the administration’s attempts to gut the agency.

That challenge, consolidated with a similar suit brought by Democratic attorneys general, was expanded in November in the wake of the interagency agreement announcement to include objections to those restructuring efforts.

“These transfers through the IAAs, they’re illegal,” Homer added. “That’s not what Congress has set up — that’s not how Congress has instructed the agencies to function.”

Mass layoffs, downsizing

Meanwhile, the administration’s attempts to wind down the department have also included mass layoffs initiated in March 2025 and a plan to dramatically downsize the agency ordered that same month. The U.S. Supreme Court temporarily greenlit these efforts in July.

Trump has sought to end the 46-year-old agency as part of his quest to send education “back to the states.” This effort comes while much of the oversight and funding of schools already occurs at the state and local levels.

“I know I don’t just speak for myself when I say I can’t believe we’re here having to actually defend the existence of the Department of Education,” said Rep. Suzanne Bonamici, ranking member of the House Subcommittee on Early Childhood, Elementary and Secondary Education.

“As Education committee members, we came here to work on improving education and opening doors of opportunity and addressing the civil rights disparities, but here we are having to defend the actual existence of the Department of Education,” the Oregon Democrat said.

Civil rights in the spotlight

Employees at the Office for Civil Rights — tasked with investigating civil rights complaints from students and families — were targeted in March as part of a broader Reduction in Force, or RIF, effort and put on paid administrative leave while legal challenges against the administration unfolded.

Though the agency moved to rescind the RIF against the OCR employees in early January while legal challenges proceeded, a Government Accountability Office report released earlier in February found that the Education Department spent between roughly $28.5 million and $38 million on the salaries and benefits of the hundreds of OCR employees who were not working between March and December 2025.

The government watchdog also found that despite the department resolving more than 7,000 of the over 9,000 discrimination complaints it received between March and September, roughly 90% of the resolved complaints were due to the department dismissing the complaint.

“We’re extremely concerned of what this means for OCR to actually uphold its statutorily defined duty of protecting the civil rights of students in schools, including the rights of Black students, other students of color, girls, women, students with disabilities and members that identify with the LGBTQI+ communities,” said Ray Li, a policy counsel at the Legal Defense Fund.

Li, who previously served as an attorney for OCR, called on Congress to ensure that the unit “remains in a functioning Department of Education” and not transferred to the Department of Justice or another agency.

He also urged Congress to provide “adequate funding for OCR” and to “play an important role in transparency, sending oversight request letters to get information on the quantity of complaints that are being received, the types of discrimination that they allege, how OCR is processing those complaints, and what the basis of dismissals are.”

The Education Department did not immediately respond to a request for comment on Wednesday.

by Shauneen Miranda, Virginia Mercury

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