Case: National Academy of Education v. Department of Education

1:25-cv-01266 | U.S. District Court for the District of District of Columbia

Filed Date: April 24, 2025

Case Ongoing

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Case Summary

Several lawsuits have been brought challenging the Trump administration’s attempt to dismantle the U.S. Department of Education. This case is one; the others can be found here. In this case, two organizations involved in research about education policies, practices, and methods sued the Department of Education and its Secretary. The plaintiffs challenged actions taken by the Department regarding the Institute for Education Sciences (IES) and its centers. Under the Education Sciences Reform Act …

Several lawsuits have been brought challenging the Trump administration’s attempt to dismantle the U.S. Department of Education. This case is one; the others can be found here.

In this case, two organizations involved in research about education policies, practices, and methods sued the Department of Education and its Secretary. The plaintiffs challenged actions taken by the Department regarding the Institute for Education Sciences (IES) and its centers. Under the Education Sciences Reform Act (ESRA), the Department, through IES, is charged with conducting, assessing, collecting, and disseminating research about education practices and policies in the U.S. "Through IES and its Centers, Congress sought to improve both the quantity and quality of educational data collection."

On March 20, 2025, President Trump signed Executive Order 14,242, titled "Improving Education Outcomes by Empowering Parents, States, and Communities." In this order, President Trump instructed the Secretary "to the maximum extent appropriate and permitted by law, [to] take all necessary steps to facilitate the closure of the Department of Education." In keeping with this directive, the Department canceled most of IES's contracts with independent contractors that it used to collect, analyze, and publish educational data. On March 11, the Department also announced a Reduction in Force of nearly 50% of its workforce.

On April 24, 2025, the plaintiffs filed suit in the District Court for the District of Columbia. The plaintiffs alleged that the Department's actions "will limit the availability and access of significant datasets that are needed to identify, investigate, evaluate, and improve educational outcomes." Furthermore, the plaintiffs alleged that the Department's actions would prevent the IES from carrying out its instructions from Congress to collect and disseminate educational data. Therefore, the plaintiffs argued that the defendant's actions exceeded statutory authority, were not in accordance with law, and were arbitrary and capricious under the Administrative Procedure Act (APA). The plaintiffs also claimed the actions violated the Constitution's separation of powers principles and exceeded the agency's statutory authority under ERSA. The plaintiffs asked the court to declare that the defendants had violated the APA, to enjoin the defendants from refusing to fulfill contracts or destroying any datasets in existence, and to order the defendants to reinstate cancelled contracts and a sufficient workforce to carry out the IES's duties.

The case was assigned to District Judge Trevor N. McFadden. On May 2, the plaintiffs filed a motion for a preliminary injunction, telling the court that any delay in granting relief would cause them irreparable harm, given the President's directives to the Department. On May 5, the defendants moved for a stay. The defendants pointed to another related case that was also assigned to Judge McFadden, Association for Education Finance and Policy v. McMahon, arguing that since the plaintiffs in both cases had moved for preliminary injunctions seeking identical relief, the court here should stay the proceedings until a decision was reached in the other case on the preliminary injunction. On May 6, Judge McFadden denied the defendants' motion for a stay. Judge McFadden said that the defendants had only argued that they would suffer hardship from having to litigate two similar cases at the same time, which does not warrant a stay. Furthermore, the judge said that comity concerns do not exist in this case, since both matters were before the same court, rather than before courts in different jurisdictions.

On May 19, the judge held a hearing on the plaintiffs' motion for a preliminary injunction. The court denied the plaintiffs' motion on June 3, finding that the plaintiffs were "seeking wholesale correction of general agency operations and bundling together claims to pursue outsized relief." 786 F.Supp.3d 13. Rather than bringing a claim against a discrete agency action as required by the APA, the plaintiffs were challenging a programmatic decision, the reduction of workforce and services by the Department. Therefore, the court found that the plaintiffs were not bringing a justiciable claim under the APA, dooming their request for a preliminary injunction based on the APA.

Turning to the plaintiffs' constitutional claims, the court also found them deficient, stating that "if every statutory compliance issue triggered separation of powers concerns, virtually all APA cases would balloon into disputes of constitutional proportions." Instead, the plaintiffs' constitutional claims in this case were simply statutory violation claims in disguise. Therefore, the court found that the plaintiffs failed to state a plausible claim for relief under the Constitution. Given these deficiencies, the court said the plaintiffs were unlikely to prevail on the merits of their claims and denied their request for a preliminary injunction. 2025 WL 1568301.

The plaintiffs next filed an amended complaint on July 21. The amended complaint removed many of the general allegations of illegal activity by the defendants, instead focusing on ten specific studies and datasets used by the plaintiffs. The amended complaint focused on these ten datasets, their purposes, their use by the plaintiffs, and how their use had been hindered by the defendants' actions. The plaintiffs' claims for relief follow this updated structure, arguing that the defendants' actions in ceasing to provide access to these datasets were arbitrary and capricious under the APA. Finally, the amended complaint also restructures the relief sought, seeking specific injunctions for each of the datasets.

On September 18, 2025, the Department filed a motion to dismiss the amended complaint for a lack of subject matter jurisdiction—“(i) Plaintiffs lack Article III standing, and (ii) Plaintiffs’ contract claims cannot be brought in this Court under the Tucker Act.”—and failure to state a claim because “(i) Plaintiffs fail to challenge any discrete agency action, and (ii) how the Department performs its statutory obligations is committed to sound agency discretion.” The plaintiffs filed a memorandum in opposition to the motion on October 9.

The case is ongoing.

Summary Authors

Jeremiah Price (6/3/2025)

Madena Mustafa (10/12/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69936678/parties/national-academy-of-education-v-department-of-education/

Judge(s)

McFadden, Trevor Neil (District of Columbia)

Attorney for Plaintiff

Burke, Colin (District of Columbia)

Fajana, Morenike (District of Columbia)

Grisafi, Lily (District of Columbia)

Attorney for Defendant

Georgiev-Remmel, Dimitar (District of Columbia)

Judge(s)

McFadden, Trevor Neil (District of Columbia)

Attorney for Plaintiff

Burke, Colin (District of Columbia)

Fajana, Morenike (District of Columbia)

Grisafi, Lily (District of Columbia)

Scharfstein, Allison (District of Columbia)

Spital, Samuel (District of Columbia)

Attorney for Defendant

Georgiev-Remmel, Dimitar (District of Columbia)

Oblea, Erika Kirstie (District of Columbia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:25-cv-01266	Complaint	April 24, 2025	April 24, 2025 Complaint
14 1:25-cv-01266	Plaintiffs' Motion for a Preliminary Injunction	May 2, 2025	May 2, 2025 Pleading / Motion / Brief
14-1 1:25-cv-01266	Plaintiffs’ Memorandum of Law in Support of Their Motion for a Preliminary Injunction	May 2, 2025	May 2, 2025 Pleading / Motion / Brief
16 1:25-cv-01266	Defendants' Motion to Stay Proceedings	May 5, 2025	May 5, 2025 Pleading / Motion / Brief
18 1:25-cv-01266	Order	May 6, 2025	May 6, 2025 Order/Opinion
21 1:25-cv-01266	Memorandum in Opposition to Plaintiff's Motion for a Preliminary Injunction	May 9, 2025	May 9, 2025 Pleading / Motion / Brief
27 1:25-cv-01266	Memorandum Opinion Association for Education Finance and Policy v. McMahon	June 3, 2025	June 3, 2025 Order/Opinion 786 F.Supp.3d 13
30 1:25-cv-01266	First Amended Complaint	July 21, 2025	July 21, 2025 Complaint
32 1:25-cv-01266	Defendants' Combined Motion to Dismiss and for Relief from Local Rule 7(N), and Memorandum in Support Thereof	Sept. 18, 2025	Sept. 18, 2025 Pleading / Motion / Brief

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
EO 14242 - Improving Education Outcomes by Empowering Parents, States, and Communities President Donald Trump	Directing the Secretary of Education to take all necessary steps to facilitate the closure of the Department of Education and return authority over education to the States and local Communities.	March 20, 2025	March 20, 2025 https://www.federalregister.gov/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/69936678/national-academy-of-education-v-department-of-education/

Last updated July 28, 2026, 6:10 p.m.

ECF Number	Date	Description	Link
1	April 24, 2025	COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-11640852) filed by NATIONAL ACADEMY OF EDUCATION, NATIONAL COUNCIL ON MEASUREMENT IN EDUCATION. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Exhibit Related Case Form - Civil, # 5 Exhibit Corporate Disclosure Statement)(Spital, Samuel) (Entered: 04/24/2025) 1 Civil Cover Sheet View on PACER 2 Summons View on PACER 3 Summons View on PACER 4 Exhibit Related Case Form - Civil View on PACER 5 Exhibit Corporate Disclosure Statement View on PACER	Clearinghouse
2	April 24, 2025	ENTERED IN ERROR.....NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 25-cv-00999. (zmtm) Modified on 4/24/2025, pursuant to Counsel (mg). (Entered: 04/24/2025)	RECAP
3	April 24, 2025	SUMMONS (2) Issued Electronically as to DEPARTMENT OF EDUCATION, LINDA MCMAHON. (Attachments: # 1 Notice and Consent)(zmtm) (Entered: 04/24/2025)	RECAP
4	April 24, 2025	CIVIL COVER SHEET Revised by NATIONAL ACADEMY OF EDUCATION, NATIONAL COUNCIL ON MEASUREMENT IN EDUCATION re 1 Complaint, filed by NATIONAL ACADEMY OF EDUCATION, NATIONAL COUNCIL ON MEASUREMENT IN EDUCATION. Related document: 1 Complaint, filed by NATIONAL COUNCIL ON MEASUREMENT IN EDUCATION, NATIONAL ACADEMY OF EDUCATION.(Spital, Samuel) (Entered: 04/24/2025)	RECAP
5	April 24, 2025	STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 4/24/2025. (lctnm2). (Entered: 04/24/2025)	RECAP
6	April 24, 2025	REQUEST FOR SUMMONS TO ISSUE filed by NATIONAL ACADEMY OF EDUCATION, NATIONAL COUNCIL ON MEASUREMENT IN EDUCATION. Related document: 1 Complaint, filed by NATIONAL COUNCIL ON MEASUREMENT IN EDUCATION, NATIONAL ACADEMY OF EDUCATION. (Attachments: # 1 Summons)(Spital, Samuel) (Entered: 04/24/2025)	RECAP
7	April 24, 2025	NOTICE of Appearance by Samuel Spital on behalf of All Plaintiffs (Spital, Samuel) (Entered: 04/24/2025)	RECAP
8	April 24, 2025	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Allison Scharfstein, Filing fee $ 100, receipt number ADCDC-11643185. Fee Status: Fee Paid. by NATIONAL ACADEMY OF EDUCATION, NATIONAL COUNCIL ON MEASUREMENT IN EDUCATION. (Attachments: # 1 Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Spital, Samuel) (Entered: 04/24/2025)	RECAP
9	April 24, 2025	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Lily Grisafi, Filing fee $ 100, receipt number ADCDC-11643199. Fee Status: Fee Paid. by NATIONAL ACADEMY OF EDUCATION, NATIONAL COUNCIL ON MEASUREMENT IN EDUCATION. (Attachments: # 1 Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Spital, Samuel) (Entered: 04/24/2025)	RECAP
	April 24, 2025	Notice of Error- New Case
	April 24, 2025	Case Assigned/Reassigned
	April 24, 2025	Case Assigned to Judge Trevor N. McFadden. (zmtm)
	April 24, 2025	NOTICE OF NEW CASE ERROR The following error(s) need correction: Missing summonses- U.S. government. When naming a U.S. government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue. (zmtm)
10	April 25, 2025	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Colin Burke, Filing fee $ 100, receipt number ADCDC-11643889. Fee Status: Fee Paid. by NATIONAL ACADEMY OF EDUCATION, NATIONAL COUNCIL ON MEASUREMENT IN EDUCATION. (Attachments: # 1 Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Spital, Samuel) (Entered: 04/25/2025)	RECAP
11	April 25, 2025	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Morenike Fajana, Filing fee $ 100, receipt number ADCDC-11643952. Fee Status: Fee Paid. by NATIONAL ACADEMY OF EDUCATION, NATIONAL COUNCIL ON MEASUREMENT IN EDUCATION. (Attachments: # 1 Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Spital, Samuel) (Entered: 04/25/2025)	RECAP
12	April 25, 2025	SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (mg) (Entered: 04/25/2025)	RECAP
13	May 2, 2025	NOTICE of Appearance by Dimitar Georgiev-Remmel on behalf of All Defendants (Georgiev-Remmel, Dimitar) (Entered: 05/02/2025)	RECAP
14	May 2, 2025	MOTION for Preliminary Injunction by NATIONAL ACADEMY OF EDUCATION, NATIONAL COUNCIL ON MEASUREMENT IN EDUCATION. (Attachments: # 1 Memorandum in Support, # 2 Exhibit List (Index of Exhibits), # 3 Exhibit 1 - Michael Bastedo Declaration, # 4 Exhibit 2 - Thomas D. Snyder, 120 Years of American Education: A Statistical Portrait, Natl Ctr. for Educ. Stat. (1993), https://nces.ed.gov/pubs93/93442.pdf, # 5 Exhibit 3 - About IES, Inst. of Educ. Sci., https://ies.ed.gov/about, # 6 Exhibit 4 - National Center for Education Statistics (NCES), Natl Ctr. for Educ. Stat., https://nces.ed.gov/, # 7 Exhibit 5 - The EDFacts Initiative, U.S. Dept of Educ., https://www.ed.gov/data/edfacts-initiative, # 8 Exhibit 6 - Longitudinal Surveys: Longitudinal Surveys Branch, # 9 Exhibit 7 - What Works Clearinghouse, # 10 Exhibit 8 - Executive Order 14242, 90 Fed. Reg. 13,679 (Mar. 20, 2025), # 11 Exhibit 9 - Jeffrey Mervis, Cancelling Data Collections Could Imperil Efforts to Improve U.S. Education, Science (Feb. 12, 2025), # 12 Exhibit 10 - Andrew Ho Declaration, # 13 Exhibit 11 - Rucker C. Johnson Declaration, # 14 Exhibit 12 - Derek Briggs Declaration, # 15 Exhibit 13 - Richard Patz Declaration, # 16 Exhibit 14 - Sean Reardon Declaration, # 17 Exhibit 15 - Suzan Dynarski Declaration, # 18 Exhibit 16 - Terri McCarty Declaration, # 19 Exhibit 17 - Ryan Quinn & Katherine Knott, $900M in Institute of Education Sciences Contracts Axed, Inside Higher Ed (Feb. 12, 2025), # 20 Exhibit 18 - Jonaki Mehta & Cory Turner, Trump Targets Education Department Research Arm in Latest Cuts, NPR (Feb. 10, 2025), # 21 Exhibit 19 - Department of Government Efficiency (@DOGE), X/Twitter (Feb. 10, 2025, 7:43 PM ET), # 22 Exhibit 20 - Press Release, U.S. Dept of Educ., U.S. Department of Education Initiates Reduction in Force (Mar. 11, 2025), # 23 Exhibit 21 - Jill Barshay, Chaos and Confusion as the Statistics Arm of the Education Department is Reduced to a Skeletal Staff of 3, Hechinger Rep. (Mar. 14, 2025), # 24 Exhibit 22 - Jonaki Mehta, Trumps Cuts to Education Department Threaten Money for Schools, NPR (Mar. 21, 2025), # 25 Exhibit 23 - William Steven Barnett Declaration, # 26 Exhibit 24 - Frank Wornell Declaration, # 27 Exhibit 25 - Common Core of Data, # 28 Exhibit 26 - Private School Universe Survey (PSS), # 29 Exhibit 27 - National Assessment of Educational Progress, Natl Ctr. for Educ. Stat., https://nces.ed.gov/nationsreportcard/about/, # 30 Exhibit 28 - Trends in International Mathematics and Science Study (TIMSS), # 31 Exhibit 29 - Program for International Student Assessment (PISA), # 32 Exhibit 30 - Carol Lee Declaration, # 33 Exhibit 31 - Beth Tipton Declaration, # 34 Text of Proposed Order)(Spital, Samuel) (Entered: 05/02/2025) 1 Memorandum in Support View on RECAP 2 Exhibit List (Index of Exhibits) View on RECAP 3 Exhibit 1 - Michael Bastedo Declaration View on RECAP 4 Exhibit 2 - Thomas D. Snyder, 120 Years of American Education: A Statistical Por View on RECAP 5 Exhibit 3 - About IES, Inst. of Educ. Sci., https://ies.ed.gov/about View on RECAP 6 Exhibit 4 - National Center for Education Statistics (NCES), Natl Ctr. for Educ. View on RECAP 7 Exhibit 5 - The EDFacts Initiative, U.S. Dept of Educ., https://www.ed.gov/data/ View on RECAP 8 Exhibit 6 - Longitudinal Surveys: Longitudinal Surveys Branch View on RECAP 9 Exhibit 7 - What Works Clearinghouse View on RECAP 10 Exhibit 8 - Executive Order 14242, 90 Fed. Reg. 13,679 (Mar. 20, 2025) View on RECAP 11 Exhibit 9 - Jeffrey Mervis, Cancelling Data Collections Could Imperil Efforts to View on RECAP 12 Exhibit 10 - Andrew Ho Declaration View on RECAP 13 Exhibit 11 - Rucker C. Johnson Declaration View on RECAP 14 Exhibit 12 - Derek Briggs Declaration View on RECAP 15 Exhibit 13 - Richard Patz Declaration View on RECAP 16 Exhibit 14 - Sean Reardon Declaration View on RECAP 17 Exhibit 15 - Suzan Dynarski Declaration View on RECAP 18 Exhibit 16 - Terri McCarty Declaration View on RECAP 19 Exhibit 17 - Ryan Quinn & Katherine Knott, $900M in Institute of Education View on RECAP 20 Exhibit 18 - Jonaki Mehta & Cory Turner, Trump Targets Education Department Rese View on RECAP 21 Exhibit 19 - Department of Government Efficiency (@DOGE), X/Twitter (Feb. 1 View on RECAP 22 Exhibit 20 - Press Release, U.S. Dept of Educ., U.S. Department of Education Ini View on RECAP 23 Exhibit 21 - Jill Barshay, Chaos and Confusion as the Statistics Arm of the Educ View on RECAP 24 Exhibit 22 - Jonaki Mehta, Trumps Cuts to Education Department Threaten Money fo View on RECAP 25 Exhibit 23 - William Steven Barnett Declaration View on RECAP 26 Exhibit 24 - Frank Wornell Declaration View on RECAP 27 Exhibit 25 - Common Core of Data View on RECAP 28 Exhibit 26 - Private School Universe Survey (PSS) View on RECAP 29 Exhibit 27 - National Assessment of Educational Progress, Natl Ctr. for Educ. St View on RECAP 30 Exhibit 28 - Trends in International Mathematics and Science Study (TIMSS) View on RECAP 31 Exhibit 29 - Program for International Student Assessment (PISA) View on RECAP 32 Exhibit 30 - Carol Lee Declaration View on RECAP 33 Exhibit 31 - Beth Tipton Declaration View on RECAP 34 Text of Proposed Order View on RECAP	Clearinghouse
15	May 5, 2025	NOTICE of Appearance by Erika Kirstie Oblea on behalf of DEPARTMENT OF EDUCATION, LINDA MCMAHON (Oblea, Erika) (Entered: 05/05/2025)	RECAP
16	May 5, 2025	MOTION to Stay by DEPARTMENT OF EDUCATION, LINDA MCMAHON. (Georgiev-Remmel, Dimitar) (Entered: 05/05/2025)	Clearinghouse
17	May 5, 2025	RESPONSE re 16 MOTION to Stay filed by NATIONAL ACADEMY OF EDUCATION, NATIONAL COUNCIL ON MEASUREMENT IN EDUCATION. (Spital, Samuel) (Entered: 05/05/2025)	RECAP
18	May 6, 2025	ORDER DENYING Defendants' 16 Motion to Stay. See attached Order for details. Signed by Judge Trevor N. McFadden on 5/6/2025. (lctnm2). (Entered: 05/06/2025)	Clearinghouse
	May 6, 2025	Set Deadlines/Hearings
	May 6, 2025	MINUTE ORDER: The parties are ORDERED to appear for a Preliminary Injunction hearing on May 16, 2025 at 9:30 a.m. The Government will file its opposition to Plaintiffs' 14 Motion for Preliminary Injunction by May 9, 2025. The Plaintiffs may file a Reply by May 13, 2025. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/6/2025. (lctnm2).
	May 6, 2025	MINUTE ORDER: The parties are ORDERED to appear for a Preliminary Injunction hearing on May 16, 2025 at 9:30 a.m. in Courtroom 2 before Judge Trevor N. McFadden. The Government will file its opposition to Plaintiffs' 14 Motion for Preliminary Injunction by May 9, 2025. The Plaintiffs may file a Reply by May 13, 2025. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/6/2025. (lctnm2). Modified to add courtroom on 5/7/2025 (hmc).
	May 6, 2025	MINUTE ORDER granting 8 Motion for Leave to Appear Pro Hac Vice as to Allison Scharfstein. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a). Click here for instructions. Signed by Judge Trevor N. McFadden on 5/6/2025. (lctnm2). Modified event title on 5/7/2025 (hmc).
	May 6, 2025	MINUTE ORDER granting 9 Motion for Leave to Appear Pro Hac Vice as to Lily Grisafi. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a). Click here for instructions. Signed by Judge Trevor N. McFadden on 5/6/2025. (lctnm2).
	May 6, 2025	MINUTE ORDER granting 10 Motion for Leave to Appear Pro Hac Vice as to Colin Burke. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a). Click here for instructions. Signed by Judge Trevor N. McFadden on 5/6/2025. (lctnm2).
	May 6, 2025	Order on Motion for Leave to Appear Pro Hac Vice
	May 6, 2025	MINUTE ORDER granting 11 Motion for Leave to Appear Pro Hac Vice as to Morenike Fajana. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a). Click here for instructions. Signed by Judge Trevor N. McFadden on 5/6/2025. (lctnm2). Modified event title on 5/7/2025 (hmc).
19	May 7, 2025	NOTICE of Appearance by Morenike Fajana on behalf of All Plaintiffs (Fajana, Morenike) (Main Document 19 replaced on 5/14/2025) (mg). (Entered: 05/07/2025)	RECAP
20	May 7, 2025	NOTICE of Appearance by Allison Scharfstein on behalf of All Plaintiffs (Scharfstein, Allison) (Main Document 20 replaced on 5/14/2025) (mg). (Entered: 05/07/2025)	RECAP
21	May 9, 2025	Memorandum in opposition to re 14 MOTION for Preliminary Injunction filed by DEPARTMENT OF EDUCATION, LINDA MCMAHON. (Georgiev-Remmel, Dimitar) (Entered: 05/09/2025)	Clearinghouse
22	May 12, 2025	NOTICE of Appearance by Colin Burke on behalf of All Plaintiffs (Burke, Colin) (Main Document 22 replaced on 5/14/2025) (mg). (Entered: 05/12/2025)	RECAP
23	May 13, 2025	REPLY re 21 Memorandum in Opposition filed by NATIONAL ACADEMY OF EDUCATION, NATIONAL COUNCIL ON MEASUREMENT IN EDUCATION. (Fajana, Morenike) (Entered: 05/13/2025)	RECAP
24	May 15, 2025	NOTICE of Appearance by Lily Grisafi on behalf of All Plaintiffs (Grisafi, Lily) (Main Document 24 replaced on 5/15/2025) (mg). (Entered: 05/15/2025)	RECAP
	May 16, 2025	Minute Entry for Motion Hearing held before Judge Trevor N. McFadden on 5/16/2025. Oral arguments submitted on Plaintiffs' Motion 14 for Preliminary Injunction. Motion taken under advisement; forthcoming Order. (Court Reporter: Lisa Edwards) (lsj)
	May 19, 2025	Motion Hearing
25	May 21, 2025	TRANSCRIPT OF PRELIMINARY INJUNCTION HEARING before Judge Trevor N. McFadden held on May 16, 2025; Page Numbers: 1-89. Date of Issuance: May 21, 2025. Court Reporter/Transcriber Lisa Edwards, Telephone number (202) 354-3269, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 6/11/2025. Redacted Transcript Deadline set for 6/21/2025. Release of Transcript Restriction set for 8/19/2025.(Edwards, Lisa) (Main Document 25 replaced on 5/23/2025) (mg). (Entered: 05/21/2025)	RECAP
26	May 23, 2025	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF EDUCATION served on 5/20/2025; LINDA MCMAHON served on 5/20/2025, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/20/2025., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/29/2025. ( Answer due for ALL FEDERAL DEFENDANTS by 6/28/2025.) (Attachments: # 1 Exhibit McMahon Proof of Service, # 2 Exhibit DOE Proof of Service, # 3 Exhibit US Atty Gen Proof of Service)(Fajana, Morenike) (Entered: 05/23/2025) 1 Exhibit McMahon Proof of Service View on PACER 2 Exhibit DOE Proof of Service View on PACER 3 Exhibit US Atty Gen Proof of Service View on PACER	RECAP
27	June 3, 2025	MEMORANDUM OPINION DENYING Plaintiffs' 6 Motion for Preliminary Injunction in Case No. 25-cv-999 and Plaintiffs' 14 Motion for Preliminary Injunction in Case No. 25-cv-1266. See attached Opinion for details. Signed by Judge Trevor N. McFadden on 6/3/2025. (lctnm1) (Entered: 06/03/2025)	Clearinghouse
28	June 3, 2025	ORDER DENYING Plaintiffs' 14 Motion for Preliminary Injunction. See attached Order for details. Signed by Judge Trevor N. McFadden on 6/3/2025. (lctnm1) (Entered: 06/03/2025)	RECAP
29	June 26, 2025	Joint MOTION for Briefing Schedule by DEPARTMENT OF EDUCATION, LINDA MCMAHON. (Georgiev-Remmel, Dimitar) (Entered: 06/26/2025)	RECAP
	June 30, 2025	Order on Motion for Briefing Schedule AND Set/Reset Deadlines
	June 30, 2025	MINUTE ORDER: The Court GRANTS the parties' 29 Joint Motion for Briefing Schedule and sets the following deadlines. The current answer deadline of June 30, 2025, is VACATED. Plaintiffs' amended complaint is due by July 21, 2025. Defendants' motion to dismiss is due by September 18, 2025. Plaintiffs' opposition is due by October 9, 2025. Defendants' reply is due by October 30, 2025. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/30/2025. (lctnm1)
30	July 21, 2025	AMENDED COMPLAINT against All Defendants filed by NATIONAL ACADEMY OF EDUCATION, NATIONAL COUNCIL ON MEASUREMENT IN EDUCATION.(Fajana, Morenike) (Entered: 07/21/2025)	Clearinghouse
31	July 21, 2025	AMENDED COMPLAINT CLEAN VERSION, to accompany the redlined Amended Complaint submitted as Dkt. No. 30 against DEPARTMENT OF EDUCATION, LINDA MCMAHON filed by NATIONAL ACADEMY OF EDUCATION, NATIONAL COUNCIL ON MEASUREMENT IN EDUCATION.(Fajana, Morenike) (Entered: 07/21/2025)	RECAP
32	Sept. 18, 2025	MOTION to Dismiss by DEPARTMENT OF EDUCATION, LINDA MCMAHON. (Georgiev-Remmel, Dimitar) (Entered: 09/18/2025)	RECAP
33	Oct. 9, 2025	Memorandum in opposition to re 32 MOTION to Dismiss filed by NATIONAL ACADEMY OF EDUCATION, NATIONAL COUNCIL ON MEASUREMENT IN EDUCATION. (Attachments: # 1 Text of Proposed Order)(Fajana, Morenike) (Entered: 10/09/2025)	RECAP
34	Nov. 5, 2025	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kelly D. Gardner, Filing fee $ 100, receipt number ADCDC-12063546. Fee Status: Fee Paid. by NATIONAL ACADEMY OF EDUCATION, NATIONAL COUNCIL ON MEASUREMENT IN EDUCATION. (Attachments: # 1 Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Spital, Samuel) (Entered: 11/05/2025)	RECAP
35	Nov. 5, 2025	NOTICE of Appearance by Kelly Gardner Womack on behalf of All Plaintiffs (Gardner Womack, Kelly) (Main Document 35 replaced on 11/7/2025) (mg). (Entered: 11/05/2025)	RECAP
	Nov. 5, 2025	Order on Motion for Leave to Appear Pro Hac Vice
	Nov. 5, 2025	MINUTE ORDER granting 34 Motion for Leave to Appear Pro Hac Vice as to Kelly Gardner. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a). Click here for instructions. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/5/2025. (lctnm1)
36	Dec. 11, 2025	Consent MOTION for Extension of Time to File Response/Reply as to 32 MOTION to Dismiss by DEPARTMENT OF EDUCATION, LINDA MCMAHON. (Georgiev-Remmel, Dimitar) (Entered: 12/11/2025)	RECAP
37	Dec. 12, 2025	Unopposed MOTION for Reconsideration re Order on Motion for Extension of Time to File Response/Reply, Set/Reset Deadlines by DEPARTMENT OF EDUCATION, LINDA MCMAHON. (Georgiev-Remmel, Dimitar) (Entered: 12/12/2025)	RECAP
	Dec. 12, 2025	MINUTE ORDER. The 36 Motion for an Extension of Time to File a Reply is DENIED. Any Reply is still due December 22, 2025. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/12/2025. (lctnm1)
	Dec. 12, 2025	Order on Motion for Extension of Time to File Response/Reply AND Set/Reset Deadlines
	Dec. 15, 2025	MINUTE ORDER. The 37 Motion for Reconsideration re Order on Motion for Extension of Time to File Response/Reply is GRANTED. Any Reply is now due January 5, 2026. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/15/2025 (lctnm1).
	Dec. 15, 2025	Order on Motion for Reconsideration AND Set/Reset Deadlines
38	Jan. 5, 2026	REPLY to opposition to motion re 32 Motion to Dismiss filed by DEPARTMENT OF EDUCATION, LINDA MCMAHON. (Georgiev-Remmel, Dimitar) (Entered: 01/05/2026)	RECAP
39	Jan. 23, 2026	NOTICE REGARDING D.C. CIRCUIT ORDER by DEPARTMENT OF EDUCATION, LINDA MCMAHON (Oblea, Erika) (Entered: 01/23/2026)	RECAP
40	Feb. 25, 2026	MEMORANDUM OPINION DENYING Defendants' 33 Motion to Dismiss in Case No. 25-cv-999 and Defendants' 32 Motion to Dismiss in Case No. 25-cv-1266. See attached Opinion for details. Signed by Judge Trevor N. McFadden on 2/25/2025. (lctnm1) (Entered: 02/25/2026)	RECAP
41	Feb. 25, 2026	ORDER DENYING Defendants' 33 Motion to Dismiss, and GRANTING Defendants' 33 Motion for Relief from Local Rule 7(n)(1)'s Requirements. See attached Order for details. Signed by Judge Trevor N. McFadden on 2/25/2025. (lctnm1) (Entered: 02/25/2026)	RECAP
42	March 9, 2026	Unopposed MOTION to Stay Answer Pending Summary Judgment by DEPARTMENT OF EDUCATION, LINDA MCMAHON. (Attachments: # 1 Text of Proposed Order)(Oblea, Erika) (Entered: 03/09/2026)	RECAP
	March 9, 2026	Order on Motion to Stay
	March 9, 2026	MINUTE ORDER. The 42 Unopposed MOTION to Stay Answer Deadline Pending Summary Judgment Briefing is GRANTED. The Defendants' obligation to file the Answer is stayed during summary judgment briefing. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/9/2026 (lctnm1).
43	March 18, 2026	Joint STATUS REPORT by DEPARTMENT OF EDUCATION, LINDA MCMAHON. (Oblea, Erika) (Entered: 03/18/2026)	RECAP
	March 19, 2026	MINUTE ORDER. The Court is in receipt of 43 Joint Status Report. The Court imposes the following schedule for this matter. Defendants shall file a Certified Index of Administrative Record and serve the Administrative Record to Plaintiffs on or before April 30, 2026. Plaintiffs shall file a Motion for Summary Judgment on or before May 29, 2026. Defendants shall file their combined Cross Motion for Summary Judgment and Opposition on or before June 30, 2026. Plaintiffs shall file a combined Opposition and Reply on or before July 21, 2026. Defendants shall file their Reply on or before August 11, 2026. The parties shall file a Joint Appendix on or before August 25, 2026. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/19/2026 (lctnm1).
	March 19, 2026	.Order AND ~Util - Set/Reset Deadlines
44	April 1, 2026	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kameron Johnston, Filing fee $ 100, receipt number ADCDC-12334963. Fee Status: Fee Paid. by NATIONAL ACADEMY OF EDUCATION, NATIONAL COUNCIL ON MEASUREMENT IN EDUCATION. (Attachments: # 1 Declaration, # 2 Exhibit Certificate of Good Standing)(Spital, Samuel) (Attachment 1 replaced on 4/7/2026) (mg). (Entered: 04/01/2026)	RECAP
	April 2, 2026	MINUTE ORDER granting 44 Motion for Leave to Appear Pro Hac Vice as to Kameron Johnston. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a). Click here for instructions. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/2/2026. (lctnm1).
	April 2, 2026	Order on Motion for Leave to Appear Pro Hac Vice
45	April 30, 2026	NOTICE OF FILING LIST OF THE CONTENTS OF ADMINISTRATIVE RECORD by DEPARTMENT OF EDUCATION, LINDA MCMAHON (Attachments: # 1 Certified Index of the Administrative Record, # 2 Certificate of Service)(Oblea, Erika) (Entered: 04/30/2026) 1 Certified Index of the Administrative Record View on RECAP 2 Certificate of Service View on RECAP	RECAP
46	May 6, 2026	NOTICE of Appearance by Kameron Johnston on behalf of All Plaintiffs (Johnston, Kameron) (Main Document 46 replaced on 5/6/2026) (mg). (Entered: 05/06/2026)	RECAP
47	May 20, 2026	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Pilar Whitaker, Filing fee $ 100, receipt number ADCDC-12435453. Fee Status: Fee Paid. by NATIONAL ACADEMY OF EDUCATION, NATIONAL COUNCIL ON MEASUREMENT IN EDUCATION. (Attachments: # 1 Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Spital, Samuel) (Attachment 1 replaced on 6/1/2026) (mg). (Entered: 05/20/2026)	RECAP
48	May 20, 2026	Joint MOTION to Modify Scheduling Order by DEPARTMENT OF EDUCATION, LINDA MCMAHON. (Attachments: # 1 Text of Proposed Order)(Oblea, Erika) (Entered: 05/20/2026)	RECAP
	May 21, 2026	MINUTE ORDER granting 47 Motion for Leave to Appear Pro Hac Vice as to Pilar Whitaker. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a). Click here for instructions. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/21/2026. (lctnm1).
	May 21, 2026	Order on Motion to Modify AND Set/Reset Deadlines
	May 21, 2026	Order on Motion for Leave to Appear Pro Hac Vice
	May 21, 2026	MINUTE ORDER: The 48 Joint Motion to Modify Scheduling Order is GRANTED. The deadlines previously imposed are modified as follows. Defendants shall serve the Administrative Record to Plaintiffs on or before June 2, 2026. Plaintiffs Motion for Summary Judgment is now due by June 26, 2026. Defendants' Cross Motion for Summary Judgment and Opposition is now due by July 28, 2026. Plaintiffs' combined Opposition and Reply is now due by August 18, 2026. Defendants' Reply is now due by September 8, 2026. The Joint Appendix is now due by September 22, 2026. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/21/2026 (lctnm1).
49	June 2, 2026	NOTICE OF FILING LIST OF THE CONTENTS OF ADMINISTRATIVE RECORD by DEPARTMENT OF EDUCATION, LINDA MCMAHON (Attachments: # 1 Certified List of the Contents of the Administrative Record, # 2 Certificate of Service)(Oblea, Erika) (Entered: 06/02/2026) 1 Certified List of the Contents of the Administrative Record View on PACER 2 Certificate of Service View on PACER	RECAP
50	June 22, 2026	Unopposed MOTION for Briefing Schedule Modification by NATIONAL ACADEMY OF EDUCATION, NATIONAL COUNCIL ON MEASUREMENT IN EDUCATION. (Attachments: # 1 Text of Proposed Order)(Johnston, Kameron) (Entered: 06/22/2026)	RECAP
	June 22, 2026	Order on Motion for Briefing Schedule AND Set/Reset Deadlines
	June 22, 2026	MINUTE ORDER. The 50 Unopposed Motion for Briefing Schedule Modification is GRANTED. The deadlines previously imposed are modified as follows. Plaintiffs' Motion for Summary Judgment is now due by July 10, 2026. Defendants' Cross Motion for Summary Judgment and Opposition is now due by August 11, 2026. Plaintiffs' combined Opposition and Reply is now due by September 1, 2026. Defendants' Reply is now due by September 22, 2026. The Joint Appendix is now due by October 6, 2026. Given the Court's prior extension of the parties' briefing schedule, further extension requests will be disfavored. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/22/2026 (lctnm1).
51	June 25, 2026	NOTICE of Appearance by Pilar Whitaker on behalf of All Plaintiffs (Whitaker, Pilar) (Entered: 06/25/2026)	RECAP
52	July 1, 2026	NOTICE OF WITHDRAWAL OF APPEARANCE as to DEPARTMENT OF EDUCATION, LINDA MCMAHON. Attorney Erika Kirstie Oblea terminated. (Oblea, Erika) (Entered: 07/01/2026)	RECAP
53	July 6, 2026	NOTICE of Appearance by Brett S. Covington on behalf of All Defendants (Covington, Brett) (Entered: 07/06/2026)	RECAP
	July 7, 2026	.Order AND ~Util - Set/Reset Hearings
	July 7, 2026	MINUTE ORDER. The parties are directed to appear for a telephonic conference on July 9, 2026, at 3:00 p.m. before Judge Trevor N. McFadden. Parties should be prepared to discuss a potential Motion to Supplement the Administrative Record. Dial-in information will be sent to the parties. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/7/2026 (lctnm1).
	July 9, 2026	MINUTE ORDER. As discussed at the telephonic conference on July 9, 2026, any motion by Plaintiffs to consider extra-record material is due by July 10, 2026. The Government's opposition is due August 11, 2026. Any Reply by Plaintiffs is due September 1, 2026. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/9/2026 (lctnm1).
	July 9, 2026	Minute Entry for proceedings held before Judge Trevor N. McFadden: Telephone Conference held on 7/9/2026. (Court Reporter: Lisa Edwards.) (hmc)
54	July 10, 2026	MOTION for Summary Judgment by NATIONAL ACADEMY OF EDUCATION, NATIONAL COUNCIL ON MEASUREMENT IN EDUCATION. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Soldner Dep., # 3 Exhibit A - Barnett Decl., # 4 Exhibit B - Dynarski Decl., # 5 Exhibit C - Tipton Decl., # 6 Exhibit D - Ho Decl., # 7 Exhibit E - Lee Decl., # 8 Exhibit F - Patz Decl., # 9 Exhibit G - Johnson Decl., # 10 Exhibit H - Worrell Decl., # 11 Exhibit I - McCarty Decl., # 12 Exhibit J - Briggs Decl., # 13 Exhibit K - Bastedo Decl., # 14 Exhibit L - Reardon Decl., # 15 Text of Proposed Order)(Whitaker, Pilar) (Entered: 07/10/2026) 1 Memorandum in Support View on RECAP 2 Exhibit Soldner Dep. View on PACER 3 Exhibit A - Barnett Decl. View on PACER 4 Exhibit B - Dynarski Decl. View on PACER 5 Exhibit C - Tipton Decl. View on PACER 6 Exhibit D - Ho Decl. View on PACER 7 Exhibit E - Lee Decl. View on PACER 8 Exhibit F - Patz Decl. View on PACER 9 Exhibit G - Johnson Decl. View on PACER 10 Exhibit H - Worrell Decl. View on PACER 11 Exhibit I - McCarty Decl. View on PACER 12 Exhibit J - Briggs Decl. View on PACER 13 Exhibit K - Bastedo Decl. View on PACER 14 Exhibit L - Reardon Decl. View on PACER 15 Text of Proposed Order View on PACER	RECAP
55	July 10, 2026	MOTION for Consideration of Extra-Record Evidence by NATIONAL ACADEMY OF EDUCATION, NATIONAL COUNCIL ON MEASUREMENT IN EDUCATION. (Attachments: # 1 Exhibit Feb. 7 Email Directive, # 2 Exhibit Feb. 10 Email Directive, # 3 Exhibit Soldner Dep (Full), # 4 Text of Proposed Order)(Whitaker, Pilar) (Entered: 07/10/2026) 1 Exhibit Feb. 7 Email Directive View on PACER 2 Exhibit Feb. 10 Email Directive View on PACER 3 Exhibit Soldner Dep (Full) View on PACER 4 Text of Proposed Order View on PACER	RECAP
	July 10, 2026	Telephone Conference
56	July 28, 2026	Notice of Withdrawal of Appearance	RECAP

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Case Details

State / Territory:

District of Columbia

Case Type(s):

Education

Presidential/Gubernatorial Authority

Public Accommodations/ Contracting/ Organizational Discrimination

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: April 24, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two organizations engaged in collecting and analyzing educational data in order to measure and improve educational outcomes in the United States.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

NAACP Legal Defense Fund

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Department of Education

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex Parte Young (Federal) or Bivens

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Separation of Powers

Other Dockets:

District of District of Columbia 1:25-cv-01266

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Funding

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Presidential/Gubernatorial Authority:

Access to information systems

Recommended Citation

Case Summary of National Academy of Education v. Department of Education, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/46482/ (last updated 10/12/2025).

Case: National Academy of Education v. Department of Education

1:25-cv-01266 | U.S. District Court for the District of District of Columbia

Case Summary

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People

Documents in the Clearinghouse

Resources

Docket

Case Details